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4.3. PCSR 02-26-2019Request for Action To Item Number Planning Commission 4.3 Agenda Section Meeting Date Prepared by Public Hearings February 26, 2019 Chris Leeseberg, Senior Planner Item Description Reviewed by Home Occupations Jennifer Green, Sr. Admin. Assistant Reviewed by  Ordinance Amendment, Case No. OA 19-03 Action Requested Recommend, by motion, approval of the Ordinance Amendment as proposed. Background/Discussion Home occupations are allowed in the city as a permitted or conditional use. If an applicant meets the 12 criteria in Section 30-801 (c), they are permitted and processed administratively. If they do not meet all 12 criteria or they want to exceed any of the requirements, the applicant can apply for a Conditional Use Permit (CUP). Occupations that are strictly prohibited are outlined in Section 30-801(b). Due to clarity issues and needed changes, staff reviewed the entire home occupation section. The following amendments are being recommended:  Currently the home occupation can only occur in the house or attached garage. Light construction contractors may use detached accessory structures for storage. Staff does not see any issues with allowing them in any structure on the property, as long as the minimum amount (20’ x 22’) of required garage space is maintained.  Traffic in a residential district is one of the larger concerns, yet the current ordinance does not regulate how many customers/clients can visit the property. Staff is recommending no more than five customers or clients per day.  Currently only two pupils are allowed for teaching type of occupations. Staff is recommending an increase to five pupils to accommodate uses such as yoga, dance, and fitness.  Staff is recommending reducing the hours from 7:00 a.m. - 10:00 p.m. to 9:00 a.m. – 7:00 p.m. Is the Planning Commission interested in allowing hours later than 7:00 p.m. with a CUP?  Currently motor vehicle repairs are listed in the prohibited activities section. Staff is recommending motor vehicle repairs be allowed but not exceed five vehicles on site. The vehicles should not be visible.  An additional requirement is being recommended: All doors and windows shall be closed while the occupation is in operation. Again, these requirements are in place for permitted occupations. If a resident wants to exceed the existing or proposed requirements, they can apply for a CUP. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Council Meeting If acted on, this item will go to the March 18, 2019, City Council meeting. Attachments  Proposed Ordinance N:\\Departments\\Community Development\\Planning\\Case Files\\OA\\OA 19-03 Home Occupations\\4-Planning Commission\\4.3 sr OA 19-03 PC 2-19-19.docx Sec. 30-801. - Home occupations. (a) Purpose. The purpose of this section is 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 section is intended to provide a mechanism enabling a 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. (b) Prohibited activities. No home occupations (permitted or conditional) shall: (1) 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. (2) Adversely impact governmental facilities and services, including roads, sanitary sewers, water, storm drainage, garbage service, police service and fire service. (3) Adversely affect sensitive environmental features, including lakes, surface water and underground water supply and quality, wetlands, slopes, floodplains and soils, or other factors as found relevant by the city. (4) Involve the use of hazardous materials or activities. (5) Involve any of the following: body shops, machine shops, welding, ammunition manufacturing, flea markets, motor vehicle repairs or sales, escort businesses, or any sexually oriented land uses, gun repair and/or sales, or other objectionable uses as determined by the city council. (c) Permitted home occupations. Permitted home occupation (Occupation) 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 compliance with the provisions of this section. Application for the permitted home occupation Occupation permit shall be accompanied by a fee as adopted by resolution of the city council. If the city denies an permitted home occupation Occupation permit to an applicant, the applicant may appeal the decision pursuant to the provisions of subdivision II of division 2 of this article. Permitted home oOccupations are subject to the following criteria: (1) The oOccupation shall be carried on entirely within the a dwelling unit, accessory dwelling unit, attached accessory structure, or detached accessory structure or attached garage, except that light construction contractors may use detached accessory structures which would normally be allowed under the provisions of this article for storage. If the home oOccupation is carried on in an accessory structurethe garage, the minimum amount of required garage space shall be maintained. (2) There shall be no exterior evidence of the home oOccupation such as displays or exterior storage of business equipment, materials, merchandise, inventory, and/or heavy equipment. (3) No permitted homeThe oOccupation shall not require internal or external construction features not customarily found in single family residential dwellings. (4) Occupations shall not have more than five (5) customers or clients per day. (5) For auto repair Occupations, no more than five (5) vehicles shall be allowed on site at any given time and shall not be visible. (4)(6) 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 oOccupation is a meeting place for employees and the work is done off-premises. (5)(7) Permitted home oOccupations involving teaching shall not exceed two five (5) pupils at a time. (6)(8) Any sign or visible advertisementSignage shall not exceed four (4) square feet in area and shall be mounted flat on the outside wall of the dwelling unit, attached accessory structure, or detached accessory structuredwelling. (7)(9) No permitted home oOccupations shall not be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight. (8)(10) No home oOccupations shall not operate or have outside employees and/or customers on site between the hours of 10:007:00 p.m. and 79:00 a.m. (9)(11) Permitted home oOccupations 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 15 feet to the curbline or edge of the paved surface nor is parked within any right- of-way. (10)(12) The operation of any wholesale or retail business, unless it is conducted entirely by courier, email, or mail, and/or does not involve the sale, shipment, or delivery of merchandise on to or from the premises, is prohibited. On-site sales shall be limited to those clearly incidental to services provided in the dwelling. (11) 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. (13) All openings in the envelope of the structure, utilized by the Occupation, must be closed while the Occupation is in operation. (12)(14) The applicant shall obtain and include with their application, written proof that the homeowner's association, if one is present, has received seven days' notice of the application for an home oOccupation. (d) 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 subdivision II of division 2 of this article. (e) Inspections. 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. (f) Revocation or expiration of permit. (1) Permitted and conditional home occupation permits shall remain in effect until such time as there has been a change in the 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 subdivision III of division 2 of this article to consider the matter. (2) If the proposed work described in a home occupation permit has not been substantially completed within two years after its date of issuance, the permit shall expire 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. (3) The permit shall terminate if, for any reason, the authorized use ceases for more than six months. (Code 1982, § 900.25; Ord. No. 05-09, § 2, 4-4-2005; Ord. No. 14-16, § 1, 11-17-2014) Cross reference— Licenses and business regulations, ch. 38.