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5.2. PCSR 04-23-2019Request for Action To Item Number Planning Commission 5.2 Agenda Section Meeting Date Prepared by Public Hearings April 23, 2019 Chris Leeseberg, Senior Planner Item Description Reviewed by Home Occupations Zack Carlton, Planning Manager Reviewed by  Ordinance Amendment, Case No. OA 19-03 Action Requested Recommend, by motion, approval of the Ordinance Amendment as proposed. Background/Discussion The Planning Commission postponed action on this request during their March 26, 2019, meeting. They asked staff to investigate neighboring communities. Staff reviewed the home occupation ordinances for ten communities: Andover, Anoka, Big Lake, Brooklyn Park, Maple Grove, Monticello, Plymouth, Ramsey, Rogers, and St. Michael. In the attempt to broaden the home occupation ordinance by allowing them to occur in accessory structures, the issue of acceptable quantifiable noise levels and enforcement has proven difficult to resolve. In reviewing the regulations from other communities, all but one limit home occupations to the dwelling unit (home) only. This is more in line with the current intent of “home” occupations, as they are intended to occur in the home. The “in the home only” approach would remedy ambiguous noise and other concerns as the use of power tools, machinery, and odor-producing activities would not be conducted in the home, nor allowed by our ordinance. In all but two cities, noise was described with objectionable, adversely affecting, and nuisance terminology. These terms are arbitrary, not quantifiable, and vary from person to person, making them extremely difficult to enforce. Anoka and Rogers ordinances quantify noise in an easy manner. Anoka states: no significant increase in levels of noise, dust, smoke, gas, heat, vibration, glare, fumes, odor or electrical interference shall be detectable to the normal senses off the premises. Rogers’s states: no noise, lights, odors, or other physical manifestations resulting from the business activity shall be evident beyond the boundaries of the property on which the home occupation is being conducted. The Commission directed staff to draft the ordinance to be less broad and use the community research for comparable regulations; staff recommends home occupations be allowed only in the dwelling unit, without a permit, if they meet the 13 criteria. This brings the ordinance in line with the intent of home occupations occurring in the home. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Currently a $15 permit is required for permitted home occupations where staff reviews for compliance with the criteria and mails out an approval letter. If the occupation only occurs in the dwelling unit, staff questions the need for a permit as the 13 criteria have established the use will not be detrimental to neighboring property owners. Staff recommends eliminating the home occupation permit. If a resident wants to deviate from any of the 13 criteria, such as utilizing an accessory structure, they can apply for a Conditional Use Permit (CUP). During the CUP process, issues affecting the residential character or health, safety and general welfare of the surrounding neighborhood can be reviewed by the Planning Commission and City Council on a case-by-case basis, with input from neighbors that may be affected by the use. Staff made other changes related to parking, pupils, and employees based on the community research. The attached comparison chart shows the background for the changes. Council Meeting If acted on, this item will go to the May 20, 2019, City Council meeting. Attachments  Proposed Ordinance  Community Comparison 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, within a dwelling unit, 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 impactaffect 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 within the Urban Service District, or motor vehicle 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 occupations (Occupation) permits shall be issued allowed 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 permit shall be accompanied by a fee as adopted by resolution of the city council. If the city denies establishment of an permitted home occupation Occupation permit to an applicanta resident, the applicant resident 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 Occupation may only be conducted by an individual who resides on the property and uses the residence as a primary address for legal purposes. (1)(2) The oOccupation 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 article for storage. If the home occupation is carried on in the garage, the minimum amount of required garage space shall be maintained. (2)(3) 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. (4) No noise, lights, odors, dust, gas, heat, vibration, glare, or other physical manifestations resulting from the Occupation shall be evident beyond the boundaries of the property on which the Occupation is being conducted. (3)(5) No permitted homeThe oOccupation shall not require internal or external construction features not customarily found in single-family residential dwellings. (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 occupation is a meeting place for employees and the work is done off-premises. (5)(7) Permitted home oOccupations involving teaching shall not exceed two 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 or attached accessory structure. (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 oOccupation shall have outside employees and/or customers between the hours of 10:09:00 p.m. and 7:00 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)(13) 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. (12) 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 a home occupation. (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. Location Noise Parking Traffic Customers Pupils Employee (non-family) Permit Needed Elk River House and attached garage Cannot be detrimental to the neighbors because of excessive noise Driveway only 2 pupils at a time 1 Yes Andover House only Noise should not have objectionable effect upon adjacent or nearby property Section 12-13-10 3 pupils at a time 1 ??? Anoka House only No noise detectable to the normal senses off the premises Driveway only 1 customer at a time 1 ??? Big Lake House only Noise adversely affect neighboring property values, constitute a nuisance, or have an objectionable effect on neighbors Driveway only 1 pupil at a time 0 Yes Brooklyn Park House only Measure noise before approving the application Driveway only (paved) Traffic and parking to follow city code 1 Yes- renew each year Maple Grove House only no info found Not to exceed the type and level typical to single- family Not to exceed the type and level typical to single-family 1 No Monticello House only Not have substantial adverse effects or noise impacts on nearby residential neighborhoods Driveway only 1 pupil at at time, one car at a time, 5 vehicles max, and no customers No staging of employees Yes Plymouth House only no info found Driveway only 1 customer a day 0 ??? Ramsey House and accessory structures Guarantee all residents freedom from excessive noise and not constitute a nuisance to neighbors Driveway only 8 round trip vehicles a day, no more than one vehicle at a time 1 or 3*Yes Rogers House only No noise evident beyond boundaries and objectionable effect upon adjacent or nearby property Driveway only Traffic characteristic of a residential neighborhood 0 No St. Michael House only No noise having an objectionable effect upon adjacent or nearby property Driveway only 1 pupil at a time 0 ??? *The owner of a home occupation on a parcel less than three acres in size may employ a maximum of one person that does not reside in the dwelling unit on the property but does conduct work on the property. The owner of a home occupation on a parcel three acres or greater in size may employ a maximum of three persons that do not reside in the dwelling unit on the property but do conduct work on the property. Sec. 30-801. - Home occupations. 5, 2. 4 rd o L) — C� y 1Z3119 (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, within a dwelling unit. 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 ar etistemarily " " home occupations, so that permitted home occupations may be allowed through an administrative process rather than a quasi_judicial hearing process. (b) Pmbibited 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 itnpaeeaffect 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 within the Urban Service District, or motor vehicle sales, escort businesses, -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 occupations (Occupation)-permitsshall be issued allowed subject to the conditions of this section, other applicable city ordinances and state law. If the city denies establishment of an Occupation perwAt-to aft-ftppheftnta resident, the applieartresident may appeal the decision pursuant to the provisions of subdivision II of division 2 of this article. Permitted hone eOccupations are subject to the following criteria: (1) The Occupation may only be conducted by an individual who resides on the property and uses the residence as a primary address for legal purposes (4jj4The o0ccupation shall be carried on entirely within the dwelling unit-ar-aRaehed-garage; e t that light a t o r b , k2)aThere shall be no exterior evidence of the haute eoccupation such as displays or exterior storage of business equipment, materials, merchandise, inventory, and or heavy equipment. (4) No noise, lights, odors, dust, gas, heat. vibration, Ore, or other physical manifestations resulting from the Occupation shall be evident beyond the boundaries of the property on which the Occupation is being conducted. (- 4No-p�The eOccupation shall not require internal or external construction features not customarily found in single-family_ residential dwellings. (4)4eA maximum of one afull-time employee, or equivalent, other than those persons who customarily reside on the premises shall be employed. This pro-vigion shall not ftpply to k_; 4a aOccupations involving teaching shall not exceed two pupils at a time. k6j(1. SigLiage shall not exceed four k4)_square feet in area and shall be mounted flat on the outside wall of the dwelling unit or attached accessory structure. e& Occupations shall not be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight. k8) 1U0_No hatne a0ccupation shall have outside employees and/or customers between the hours of 4"9:000 p.m. and 7:00 a.m. k9) 1� D__Permitted-kemeeOccupations 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. (18) 1( 21 The operation of any wholesale or retail business, unless it is conducted entirely by courier, email, or mail, ander does not involve the sale, shipment, or delivery of merchandise an to or from the premises, is prohibited. On-site sales shall be limited to those clearly incidental to services provided in the dwelling. kl3j 1( 31 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. (42) The appliettw 9hall ehtfti" and ifielude with their applieation, written proof thftt the (d) Conditional borne 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 a conditional home occu anon hermit. (1) Lxpirations of conditional home occupations shall be as set forth in Section 30-656 (4j(2) Revocations of conditional home occupation shall be as set forth in Section 30- 659. the prav4siatis of this seetion have been breftelted. At sttelt fime fts the eity has reason t -e believe thm either event hftq Ettkeft piftee, the owner of the hoine ocettp I ..__ba: -vision in _c a:__:..:__ o of this attiele to eansis i e ffiatter. (Code 1982, § 900.25; Ord. No. 05-09,5 2, 4-4-2005; Ord. No. 14-16, § 1, 11-17-2014) Cross reference— Licenses and business regulations, ch. 38.