5.2. PCSR 02-25-2020 - Laserfiche WebLink

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Any future proposed hardcover would need to meet the 45-foot wetland setback and total hardcover for the site should not exceed 25% due to the location in the shoreland district. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. While this application is a Home Occupation in a residential zone, the use operates no differently than a commercial business in a commercial zone. The building code does not differentiate between a business operating with only one person (the owner) versus multiple employees working in the space. If a single-family-zoned parcel has a cabinet making home occupation, should it follow all building codes and regulations a commercial cabinet making business does in a commercial zone? The building code would state yes. City staff has struggled with how to interpret this regarding approved conditional home occupations. Does the structure need to be designed by a licensed architect, per ordinance, to ensure all building codes and regulations are met to protect employee(s) and customers; does it need to meet ADA compliance for access and restrooms; does it need a fire suppression system; how are hazardous/flammable materials stored and disposed of; or should Home Occupations be exempt from the building and fire codes? This criterion (#7) for approval of a CUP says: Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. Staff understands treating a Home Occupation like a “regular business” has additional financial and time encumbrances, but staff also understands other “regular businesses” need to endure these financial and time encumbrances to operate. As the City Council often approves the following condition on a CUP, “the building shall be inspected by the city’s Building Official and Fire Marshal to verify compliance with all building and fire codes…”, staff is seeking direction from the Planning Commission and City Council on how to fairly treat a home occupation. Staff recommends full compliance with all commercial building code requirements. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. Financial Impact None Statutory Review Period Per State Statute §15.99, the required 60-day review period ends on March 23, 2020.