5.10 PCSR 02-28-1995 r-Q
ITEM NO. 5. 10
fly of / MEMORANDUM
lk •
RiverPLA IN COMMISSION
TO: PLANNING CO SSN O
FROM: TROY LANGER, PLANNING INTERN .\/7,
DATE: FEBRUARY 28, 1995
SUBJECT: REQUEST TO AMEND VARIOUS
SECTIONS OF THE HOME
OCCUPATION ORDINANCE (SECTION
900.25).
REQUEST
The City of Elk River is requesting to amend various sections of the home
occupation ordinance (Section 900.25).
ATTACHMENTS
Copy of the proposed amendments.
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INTRODUCTION
Various sections of the home occupation ordinance are being proposed for
amendments to allow an enhanced understanding and more precise meaning to the
requirements of the ordinance. The amendments were suggested during a
workshop by planning commissioners.
A brief description of the proposed amendments are as follows:
Section 2. E. Language was changed from "other adult oriented businesses"
to "sexually oriented land uses" and language regarding "gun
repair and/or sales" was added.
Section 3. Language referring to the "Zoning Administrator or his agent"
was changed to the "City" and language regarding the
resolution was changed to read more clearly.
Section 5. Language regarding an inspection by the City every three (3)
years was eliminated.
RECOMMENDATION
• It is recommended to approve the proposed amendments outlined in the attached
ordinance.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
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CITY OF ELK RIVER
HOME OCCUPATION ORDINANCE
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SECTION 900.25
ELK RIVER, MN
FEBRUARY, 199 5
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111 900.25 - HOME OCCUPATIONS
1. Purpose. The purpose of this subsection is to prevent
unfair competition with business districts and to provide a means
through the establishment of specific standards and procedures by
which home occupations can be conducted in residential
neighborhoods without jeopardizing the residential character or
health, safety and general welfare of the surrounding
neighborhood. In addition, this subsection is intended to
provide a mechanism enabling the distinction between permitted
home occupations and conditional or customarily "more sensitive"
home occupations, so that permitted home occupations may be
allowed through an administrative process rather than a
Quasi-Judicial hearing process.
2 . Prohibited Activities. No home occupations (permitted or
conditional) shall :
A. Constitute a fire hazard to neighboring residences,
adversely affect neighboring property values, or constitute
a nuisance or otherwise be detrimental to the neighbors
because of excessive traffic, noise, glare, odor, electrical
interference, vibration, dust and other nuisance or safety
• hazards .
B. Adversely impact governmental facilities and services,
including roads, sanitary sewer, water, storm drainage,
garbage service, police and fire.
C. Adversely affect sensitive environmental features
including lakes, surface and underground water supply and
quality, wetlands, slopes, flood plains and soils, or other
factors as found relevant by the City.
D. Involve the use of hazardous materials or activities .
E. Involve any of the following: body shops, machine
shops, welding, ammunition manufacturing, flea markets,
motor vehicle repairs or sale, or escort business or any
sexually oriented land uses
as defined by this ordinance, or crun repair and/or sales, or
other objectionable uses as determined by the City Council .
3 . Permitted Home Occupations. Permitted home occupations
permits shall be issued subject to the conditions of this
Section, other applicable City Ordinances and State Law. A
• permit for a permitted home occupation may be issued by the
City based upon proof of
9.100
compliance with the provisions of this Subsection. Application
• for the permitted home occupation permit shall be accompanied by
a fee as adopted by the a resolution from the City Council by
=elution from time to time. If the Administrator City denies
a permitted home occupation permit to an applicant, the applicant
may appeal the decision pursuant to the provisions of Section
900 . :2 . the Board of Adjustments Permitted home occupations are
subject to the following criteria:
A. The occupation shall be carried on entirely within the
dwelling unit or attached garage except that light
construction contractors may use detached accessory
structures which would normally be allowed under the
provisions of this ordinance for storage. If the home
occupations is carried on in the garage, the minimum amount
of required garage space shall be maintained as garage
space.
E. There shall be no exterior evidence of the home
occupation such as displays, exterior storage of business
equipment, materials, merchandise, inventory or heavy
equipment.
C. No permitted home occupation shall require internal or
• external construction features not customarily found in
dwellings .
n. A maximum of one (1) full-time employee, or equivalent,
other than those persons who customarily reside on the
premises shall be employed. This provision shall not apply
to dwellings where the permitted home occupation is a
meeting place for employees and the work is done
off-premise.
E. Permitted home occupations involving teaching shall not
exceed two (2) pupils at a time.
F. Any sign or visible advertisements shall not exceed two
(2) square feet in area and shall be mounted flat on the
outside wall of the dwelling.
G. No permitted home occupation shall be serviced by
delivery vehicles larger than 26, 000 pounds gross vehicle
weight .
H. No home occupation shall be conducted between the hours
of 10 : 00 p.m. and 7 : 00 a.m.
•
9.101
I. Permitted home occupations shall not create a parking
• demand in excess of that which can be accommodated in an
existing driveway, where no vehicle is parked closer than
fifteen (15) feet from the curb line or edge of paved
surface.
J. The operation of any wholesale or retail business,
unless it is conducted entirely by mail, and does not
involve the sale, shipment, or delivery of merchandise on
the premise, is prohibited. on-site sales shall be limited
to those clearly incidental to services provided in the
dwelling.
K. Permitted home occupations may not involve repair of
internal combustion engines or use of equipment which is not
normally found in a home; except that equipment which is
typically in an office may be used.
4 . Conditional Home Occupations. Home occupations that do not
involve "Prohibited Activities" , but that exceed the "Permitted
Home Occupation Criteria" may be allowed with approval of a
conditional use permit by the City Council pursuant to the
provisions of Section 900.42 .
• A. Therapeutic Massage and Sauna Establishments operated
as home occupations shall be required to obtain a
conditional use permit .
5 . Inspection. The City may at any reasonable time inspect the
home occupation to determine if the applicant is strictly
adhering to the criteria for a permitted home occupation or the
conditions placed on a conditional home occupation. Incpcction
- y--thc City of a hom„ occupation chat, , .k p,---at a ...__.i.. . . oz
cvcry thrcc (3) years .
6. Revocations. Permitted and conditional home occupations
permits shall remain in effect until :
A. Such time as there has been a change in conditions of
the operation or until such time as the provisions of this
Section have been breached. At such time as the City has
reason to believe that either event has taken place, the
owner of the home occupation may cease the operation or
request a public hearing be held pursuant to the provisions
of Section 900 .42 to consider the matter.
B. If the proposed work described in a home occupation
• permit has not been substantially completed within two (2)
years after its date of issuance, the permit shall expire
9.102
and become void except that the Council may, following
• recommendation of the Planning Commission, extend the permit
for an additional period determined by the Council on the
receipt of a request for a permit extension prior to its
expiration.
C. For any reason, the authorized use ceases for more than
one (1) year.
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9.103