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Customer/Client Limitations <br />The Commission also wanted the text pertaining to the number of allowed customers/clients per day for <br />permitted home occupations to be removed. The customer limit has been removed with the proposed <br />language. <br /> <br />Noise Mitigation <br />Also suggested for removal by the Commission was the requirement all doors and windows shall be <br />closed while an occupation is in operation. Not to detrimentally affect the use and enjoyment of <br />surrounding residential neighbors, staff is still recommending this. The purpose of home occupation <br />ordinances and regulations are to ensure the safety and general welfare of all public and surrounding <br />properties, not just the applicant. The welfare of surrounding residential properties should be of primary <br />concern when establishing permitted home occupation standards. The burden of policing business noise <br />should not fall on neighbors to contact police or city staff when or if an issue arises. If they want to <br />operate their business with windows and doors open, they can apply for a CUP where the Planning <br />Commission and City Council can then determine if their specific use will or will not be detrimental to <br />neighbors after those neighbors have had an opportunity to voice their concerns. <br /> <br />It was asked during the meeting if sound issues/complaints could be enforced with existing noise <br />ordinances. Yes; however, this process may go on for days, weeks, or months with city staff taking sound <br />measurements at different times of the day and in different conditions to determine whether the <br />threshold for the MPCA Guide to Noise Control has been exceeded. This sound testing approach, to <br />protect residential neighbors use and enjoyment of their property, would be at a cost to the taxpayers. In <br />addition, the testing most likely will not remedy noise inconveniences and disruptions experienced by <br />neighbors, as in most cases, it is not anticipated the MPCA noise threshold will be exceeded, as was <br />determined with testing on two larger commercial businesses adjoining residential districts. Are the <br />MPCA thresholds enough when dealing with home based business operations within a residential setting? <br />The MPCA guidelines take into account long-term exposure and hearing loss but not annoying, <br />bothersome, and obtrusive noise levels. <br /> <br />From an enforcement standpoint, it will be clearly understood by residents, staff, and the owner of a <br />home business when a violation has occurred. Again, in establishing standards for a home occupation the <br />city should look out for the best interests of nearby residential property owners when someone asks to <br />introduce a use typically not found in a residential neighborhood. <br /> <br />There was discussion on how some of these home based businesses can become successful businesses in <br />a community, but policy for residential properties must remain focused on the intended residential use. <br /> <br />Council Meeting <br />If acted on, this item will go to the April 15, 2019, City Council meeting. <br /> <br />Attachments <br /> Proposed Ordinance <br /> <br /> <br />N:\\Departments\\Community Development\\Planning\\Case Files\\OA\\OA 19-03 Home Occupations\\4-Planning Commission\\3-26-2019\\6.1 sr OA <br />19-03 PC 3-26-19.docx <br />