10/17/2024 Agenda Discussion and Proposals

[Shane Saum]

Dear Fellow Council Members,

To maximize the best use of this platform I ask that members consider posting your proposed amendments to agenda items in tonight's agenda or having some discussions on here prior to tonight. This can save us time tonight trying to explain our positions and it can give citizens more time to review our positions.

To get the ball rolling, I am posting my proposed rewrite of the Home-Based Businesses ordinance on tonight's agenda. I believe the current ordinance is too prescriptive which boxes the City in if there is future innovation in home-based businesses, this also can put a strain on code enforcement and I believe is an example of small town overregulation.

Feel free to comment or add your own edits to other agenda items.

Best regards,

Shane

 

[Shane Saum]

Happy to hear updates to the licensing and renewal process. Also if there are any issues with "Permanent external commercial signs or visible storage of business-related materials are prohibited."

 

[Paul Prince]

Generally agree with the greatly simplified approach. I believe the appropriate process is for a draft of possible language of this ordinance be reviewed and potentially approved by council to be sent to the Planning and Zoning Commission for consideration and recommendation of final language back to council.

A few comments of my suggested changes, using the numbering in the draft you provided:

add this sentence to 16.20(a):
A small sign or placard, to identify that this location contains the home-based business to customers arriving for appointments is allowed.

add to 16.20:
(e) Advertisement: Social media or other advertising is allowed to create awareness for the business but should not list the business address and must include information that hours are by appointment only. The business may be listed on mapping services for wayfinding purposes but must show that business hours are by appointment only.

I suggest this modified text for 16.40 Prohibited Uses:
Businesses that cannot be contained within the residence without disrupting the residential character of the neighborhood are prohibited.
Examples of prohibited businesses include vehicle repair, on-site retail sales, or businesses that generate significant customer traffic or noise.

I suggest this modified text for 16.50 Application and Renewal Process:
Residents wishing to apply for a certificate of occupancy for a home-based business shall submit a form established and used for this purpose and include the ordinance specified fee. A four year permit will be issued by city staff unless staff feels the business may not meet the General Requirements or Permitted Uses criteria. Applications that require further review shall be reviewed by the Development Services Director, or their designee, within 10 business days. Appeals shall be made to the City Council.

Renewals shall be automatic, pending the business owner's notification to the City by email or in person that they are still operating the same home-based business and remain in compliance with the General Requirements or Permitted Uses criteria. Home-Based Businesses that are suspended or revoked may re-apply for a certificate of occupancy but must demonstrate actions taken to ensure future compliance.

I suggest this modified text for 16.60 Complaints and Enforcement
If a written complaint against a home-based business is filed with the city, asserting violation of these requirements or permitted use, the city code enforcement office shall investigate within 30 days. If the complaint is found to be valid, the business owner shall be given the opportunity within a reasonable time to comply. Failure to comply shall result in revocation of the certificate of occupancy for the home-based business by the development services office. Appeals of decisions shall be made to the City Council.

 

[Shane Saum]

Generally agree with the greatly simplified approach. I believe the appropriate process is for a draft of possible language of this ordinance be reviewed and potentially approved by council to be sent to the Planning and Zoning Commission for consideration and recommendation of final language back to council.

A few comments of my suggested changes, using the numbering in the draft you provided:

add this sentence to 16.20(a):
A small sign or placard, to identify that this location contains the home-based business to customers arriving for appointments is allowed.

add to 16.20:
(e) Advertisement: Social media or other advertising is allowed to create awareness for the business but should not list the business address and must include information that hours are by appointment only. The business may be listed on mapping services for wayfinding purposes but must show that business hours are by appointment only.

I suggest this modified text for 16.40 Prohibited Uses:
Businesses that cannot be contained within the residence without disrupting the residential character of the neighborhood are prohibited.
Examples of prohibited businesses include vehicle repair, on-site retail sales, or businesses that generate significant customer traffic or noise.

I suggest this modified text for 16.50 Application and Renewal Process:
Residents wishing to apply for a certificate of occupancy for a home-based business shall submit a form established and used for this purpose and include the ordinance specified fee. A four year permit will be issued by city staff unless staff feels the business may not meet the General Requirements or Permitted Uses criteria. Applications that require further review shall be reviewed by the Development Services Director, or their designee, within 10 business days. Appeals shall be made to the City Council.

Renewals shall be automatic, pending the business owner's notification to the City by email or in person that they are still operating the same home-based business and remain in compliance with the General Requirements or Permitted Uses criteria. Home-Based Businesses that are suspended or revoked may re-apply for a certificate of occupancy but must demonstrate actions taken to ensure future compliance.

I suggest this modified text for 16.60 Complaints and Enforcement
If a written complaint against a home-based business is filed with the city, asserting violation of these requirements or permitted use, the city code enforcement office shall investigate within 30 days. If the complaint is found to be valid, the business owner shall be given the opportunity within a reasonable time to comply. Failure to comply shall result in revocation of the certificate of occupancy for the home-based business by the development services office. Appeals of decisions shall be made to the City Council.

I like those updates Councilor Prince. Good correction the sign portion. My one question on the prohibited businesses is the no onsite retail part, does this impact one-off garage or yard sales? I am not up to date on how the City views those to begin with.