Agenda - Planning Commission - 05/01/2003

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Allow for businesses to be operated in accessory structures if the property is located outside the MUSA and over 5 acres in size. Allow 1 non-related employee if the property is accessed by a non-improved (gravel) street, 2 non-related employees if the property is accessed a bituminous street, and 1 additional employee per acre for a maximum of 10 if the property is accessed by a County Road. Recommendation: Staff has researched home occupation ordinances from surrounding cities and is recommending the Planning Commission review the enclosed proposed Home Occupation Ordinance. Staff is proposing the Home Occupation Ordinance consist of three main subdivisions: 1. Home Occupations Exempt from Permit Requirements 2. Principal Dwelling Home Occupations 3. Accessory Structure Home Occupations The proposed exemptions from the home occupation permit process is basically adopting the City's current unwritten policy for allowing a self-employed person to utilize their home as a phone and address base for their business if they do not have any employees or clients coming to their property. The Principal Dwelling Home Occupation section establishes what criteria the Planning Commission and City CounciI have been using when granting a Home Occupation Permit. Staff is not proposing any major changes other than to limit the generation of additional vehicular traffic. Staff is also proposing to allow retail sales of minor products that are ancillary to the home occupation. The third subdivision, Accessory Structure Home Occupations, directly relates to Mr. Menard's zoning amendment request. However, staff is proposing several provisions that are different from the applicant's request: O4 Permitted on parcels 1 acre in size or greater Proposing that the parcel requirement not be tired to the MUSA line but rather parcel size Employees are limited to 1 full-time person who does not reside on the subject property and the City Council may allow up to 2 employees under certain circumstances Stating that certain businesses will not be considered for a home occupation Proposing 5 acres or greater Only permitted on properties located outside the MUSA Proposing 1 full-time employee if the property is accessed by a non-paved street, 2 employees if accessed by a bituminous street, and 1 additional employee for a maximum of 10 if the property is accessed by a County Road No restriction on business type Staff has provided the City Attorney with a copy of the proposed Home Occupation Permit and will provide the Planning Commission with any changes verbally at the meeting.