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AGENDA ITEM 6.0 STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: January 24, 2011 TOPIC: Second Reading of Ordinance Number 04-11, amending the Zoning Ordinance requirements for Home Occupations BACKGROUND The City Council was approached by a resident to determine if the treatment of retail sales was appropriately addressed in the Home Occupation standards adopted by the City Council on February 22, 2010. Retail sales were limited specifically to products that were produced on the site that the sales were to occur only. The City Council approved the first reading of this ordinance on January 10, 2011. RETAIL SALES ISSUES The ordinance, as adopted on February 22, 2010, included the following statement in the General Provisions section, and is therefore applicable to all Home Occupations that operate in the city: No retail of anything produced off-site. Staffs intention behind the use of the word `retail' was to prohibit direct sales to customer on the site only. It was not meant to prohibit mail order businesses or those that include delivery services. In retrospect, it was also not staffs intention to prohibit sales to customers already onsite for a service business (barber, massage, etc...), nor was it necessarily meant to prohibit sales events conducted by invitation (Tupperware, Pampered Chef, Avon, etc...). As such, a clarification may be in order. The issue that needs to be determined is which levels of Home Occupations these types of sales may be appropriate within. Remembering that the city allows any property to operate an A or B level Home Occupation, while only properties that front arterials roadways, are zoned Rural, or have over 1 acre of land can apply for the CUP required to operate a Level C Home Occupation.