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Request for Action <br /> <br /> <br /> <br /> <br /> <br />To Item Number <br />Planning Commission 10.1 <br />Agenda Section Meeting Date Prepared by <br />Work Session March 28, 2023 Chris Leeseberg, Senior Planner <br />Item Description Reviewed by <br />Home Occupations Zack Carlton, Community Development Director <br />Reviewed by <br />Mark Pistulka, Building Official <br /> <br />Action Requested <br />Discuss the city’s home occupation ordinance as it relates to state statutes and the purpose of residential districts. <br />Provide staff direction regarding potential changes to the current standards. <br /> <br />Background/Discussion <br />Staff reviewed this item at a work session with the commission on February 28, 2023, and received feedback and <br />questions. The commission wanted the item to come back when all/most of the commissioners would be in <br />attendance and asked for clarification on when an architect is required and if there are any exceptions. The term <br />“architect” will be used for various licensed professionals. <br /> <br />Home Occupation Ordinance and Conditional Use Permits <br />The current home occupation ordinance “purpose” section states it is to provide a means for home occupations to <br />be conducted within a dwelling unit and subsection (c) “permitted home occupations” states the occupation shall <br />not require internal or external construction features not customarily found in single-family home. Subsection (c)(13) <br />further states permitted home occupations may not involve equipment, which is not normally found in a home, <br />except that equipment which is typically in an office may be used. <br /> <br />While the procedure of a Conditional Use Permit (CUP) is in place for activities exceeding the permitted home <br />occupation criteria, the purpose for home occupations is to use a part of the home a workplace, such as a home <br />office or workshop, to conduct business activities without altering the structure or requiring uncommon <br />equipment found within a home. <br /> <br />The 2019 ordinance amendment has more direct references to occupations occurring in accessory structures with <br />a CUP, but the single-family home references have been in place for decades. Prior to the 2019 ordinance <br />amendment, the ordinance stated the occupation shall be carried on entirely within the dwelling unit or attached <br />garage, except that light construction contractors may use detached accessory structures. The limited allowance for <br />detached accessory structures was to provide space for a small contractor, for instance, to park a truck and/or <br />trailer in an enclosed space. <br /> <br />A CUP is utilized to protect the public welfare and, regarding this subject, the quality of life for the residential <br />neighbors. It ensures that the proposed use, not allowed by-right, does not negatively impact the residents, and <br />that it is consistent with the overall goals and objectives of the local zoning laws and regulations. Listed <br />conditional uses in the ordinance are those the council has deemed may be detrimental to area. <br />The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional <br /> <br />service, and community engagement that encourages and inspires prosperity. <br />Updated: January 2023 <br /> <br />