Introduce Ordinance #15-03 Amending City Code Section 117-351 (Home Occupations)

The purpose of this case is to introduce Ordinance #15-03 amending City Code Section 117-351 (Home Occupations).  This Section of City Code was discussed early in 2014 in response to several recent applications for Home Occupation Permits.  At that time, the Planning Commission expressed support for potential amendments that would better ensure the peace, safety, and aesthetics typical of a residential neighborhood.  The proposed revisions are intended to provide clarification for when a Home Occupation Permit is required, attempts to provide provisions for or differentiate an independent contractor and other home occupations, and attempts to strengthen the overall ordinance to ensure the tranquility of a neighborhood is maintained.

The Public Hearing was published in the Anoka County UnionHerald.

The intent of Ordinance #15-03 is to attempt to balance the opportunity for low-impact, home-based businesses with the peace and tranquility expected in a residential neighborhood. While acting in the legislative policy making capacity, the City has a wide range of policy alternatives depending on the desired balance between flexible, home-based businesses and protections for residential neighborhoods, the primary focus of our residential zoning districts.

A wide range of ordinances from within the metro, state and nation were reviewed in an attempt to frame the Home Occupation policy discussion. Based on Staff's review of similar ordinances, the City's current standards appear to provide more flexibility and allowances for home-based businesses when compared to most other communities. Many peer ordinances had limitations on the size of a commercial vehicle allowed on a residential parcel (some outright prohibited this) and many also prohibited the outside storage of commercial vehicles/equipment.

Key Provisions of Proposed Amendment

Limit of Motor Vehicles Associated with Home Occupation. The first key provision is a potential limit of not more than one (1) motor vehicle affiliated with a home occupation and one (1) piece of commercial equipment stored outside on the property (in accordance with City Code Section 117-355) without requiring a Home Occupation Permit (HOP).  This provision was included to account for those independent contractors that may utilize their home for office space and park a commercial vehicle on their residential lot but otherwise conduct no portion of their business on the property.  Property Owners could still request that the City Council grant a Home Occupation Permit to exceed this limit, but it would trigger the need for a Public Hearing should a home occupation exceed this threshold, which will afford a neighborhood the opportunity to provide input. This language is intended to clarify the original intent of the amendment to the City's Home Occupation Ordinance and provide better framework and detail for Staff to review proposals by establishing a more clearly defined policy statement.

Number of Customers and Employees. The second main revision involves defining excessive traffic levels by number of customers rather than number of vehicle trips.  The current definition has provided a degree of confusion and inconsistent application submittals over time. The actual number of permitted round-trip visits for customers/clients would remain the same; there is a separate provision for one (1) round-trip visit per eligible non-resident employees.  This distinction is included because there is proposed language to prevent a residential property from being used as a dispatch center or headquarters in which employees come to the site and then are dispatched to other locations.  The intent of allowing non-resident employees is for them to actually work at the residential property rather than to come for materials, paperwork, and/or vehicles/equipment and leave again.

The Planning Commission conducted a Public Hearing on January 8, 2015 and there were no verbal or written comments received.  This case was prepared for the Consent Agenda as a result of receiving no public comment on the proposed amendments.  However, if City Council has concern with the proposed amendments, or would like to discuss them in more detail, the case could be moved to the Regular Agenda this evening or added to a future Work Session Agenda.

This ordinance is being prepared as part of normal Staff duties.

The Planning Commission recommends that City Council adopt Ordinance #15-03.

Motion to introduce Ordinance #15-03.