Council to consider ordinance for home-based businesses

Fremont City Council members will consider an ordinance legalizing certain home-based businesses during their meeting tonight.

The council meets at 7 p.m. in the city council chambers of the Municipal Building, 400 E. Military Ave. It is proceeded by

a study session at 6:45 p.m. Both are open to the public.

The ordinance would open the door for individual home-based businesses in agricultural zones within the city’s two-mile jurisdiction to apply for special use permits that would allow them to use outbuildings as part of their business operations.

Home-based businesses currently are allowed only in residential dwellings.

“I think this will help the farmers,” Planning Commission chairman Paul Gifford said. “My feeling is that there are a lot of farmers who have hired hands and they have nothing to do in the winter, so some may weld for Valmont, or take in some other jobs like that, in a barn or machine shed, and this is a good way of helping out.”

Planning and building director Jeff Ray said many of the businesses the ordinance would affect have existed for years and nobody has complained about them, even though their operations technically were not allowed.

“There are farmers who weld, mechanics, at least two taxidermists I know of, and other businesses,” Ray said. “In many cases their neighbors didn’t know these things were going on and probably didn’t care.

“We operate based on complaints; unless someone complains about something, we don’t get involved,” he said. “But in this instance, this situation was brought to our attention by individuals who are currently operating home-based businesses in outbuildings, and in one case by someone who wants to start a business.”

Ray said staff and Planning Commission meetings led to the proposal to review each case as a conditional use permit.

Ray and Gifford both pointed out the conditional use permit approach would not only provide a way for those businesses to exist legally, but would also create a way for the Planning Commission and City Council to create conditions in each individual case that would protect the health, safety and welfare of the public.

“This is not only a way to make it legal, but also having some control over it,” Gifford said. “It’s a conditional use permit so we can do some things to make it work.”

Gifford said the ordinance would also make it easier for area home-based businesses to acquire financing and licenses required in their fields.

“With licensing and financing, people are getting much more strict on making sure you follow ordinances, and they’re denying licensing and financing if you don’t follow the rules,” he said.

The ordinance would not affect home-based businesses that do not use outbuildings. However, existing businesses that do use outbuildings will be expected to apply for conditional use permits. The application fee is $125.

Gifford estimated that 10 to 20 existing businesses will apply for conditional use permits.

“This shouldn’t really have any dramatic affect on anyone, but it will allow these home-based businesses to exist,” Ray said.

A staff report seeks to have the council’s rules suspended so the ordinance can be approved with just one reading.

In other action, the council will consider:

* The third reading of a zoning ordinance for lakeside and riverside homes.

* The second reading on an ordinance banning farm animals in the city.

* The second reading of an ordinance governing charitable solicitations along public roadways.

* Reviewing the Federal Emergency Management Agency’s annual flood insurance program ratings report.

* Modifying an existing conditional use permit to allow a daycare facility at 1960 E. Eighth St. to operate 24 hours a day, seven days a week. The current permit requires the facility to close at 7 p.m. each day.

* Renewing its contract with Sirsi Dynix, which provides software services to Keene Memorial Library.

* A project agreement with the Department of Roads for Phase 3 of the Main Street Historic Lighting project.

* Awarding a contract to recoat the anaerobic digester at the wastewater treatment plant. The digester’s outer coating has developed cracking.