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7.3. SR 05-20-2019 Eclty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date Prepared by Public Hearin s Ma 20, 2019 Chris Leeseber , Senior Planner Item Description Reviewed by Ordinance Amendment: Home Occupations Zack Carlton,Planning Manager Reviewed by Cal Portner, City Administrator Action Requested Approve,by motion, the Ordinance Amendment as proposed. Background/Discussion Case No. OA 19-03 Staff and the Planning Commission reviewed this item during multiple meetings and recommend approval of the ordinance as drafted. During this time, staff reviewed the home occupation ordinances for 10 communities: Andover,Anoka, Big Lake,Brooklyn Park,Maple Grove,Monticello, Plymouth, Ramsey, Rogers, and St. Michael. The major changes to the ordinance are: ■ Specifying that 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. ■ Limiting permitted home occupations to the home and not an accessory structure or attached garage. ■ Elimination of the permit currently required for permitted home occupations. These requirements are in place for permitted home occupations,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 the neighbors that may be impacted by the proposed use. Attachments ■ Ordinance ■ Planning Commission Memo dated April 23, 2019 The Elk River Vision A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAWRE1 i to be removed Underlines to be added City ofElk -m"' -� River Ordinance 19 - An Ordinance Amending Chapter, 30-801, Home occupations of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That§ 30-801, Home occupations of the City of Elk River Code of Ordinances shall be amended to read as follows: (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 " home occupations, so that permitted home occupations may be allowed through an administrative process rather than a quasi-judicial hearing process. (b) Probibited 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 iftipaetaffect 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, of 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 borne occupations. Permitted home occupations (Occupation�-pernits-shall be issued allowed subject to the conditions of this section, other applicable city ordinances and state law. council.A pernait for a permitted home occ"a-tion may be issued by the city based"on proof of compliance with the provisions of this section. Application for the pelmitted home occ T .L shaH be accompantied by a fee as adopted by resolution of the city If the city denies establishment of anOccupation pe t-to�ta resident,the applic - resident may appeal the decision pursuant to the provisions of P 0 W I R 1 9 8 Last Updated January 2019 litm§AfUR to be removed Underlines to be added 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. {�aThe oOccupation shall be carried on entirely within the dwelling unit or attached garage, except that light construe'Rion CORI--actors may use detached accessoty s"ct-dres whic would noima­lly be aRowed under the provisions of flais article for storage. if the home -s carfied on in the garage, the minitnum amount of required garage space {2)MThere 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. ( 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. { } The oOccupation shall not require internal or external construction features not customarily found in single-family residential dwellings. {- aA maximum of one Mull-time employee, or equivalent, other than those persons who customarily reside on the premises shall be employed. This provision shaR not apply to dwellings where the permitted home ­-Fatio..is a meetfng place for employees and {_}�n,fffii��Occupations involving teaching shall not exceed two pupils at a time. {6) Signage shall not exceed four square feet in area and shall be mounted flat on the outside wall of the dwelling unit or attached accessory structure. {�)MNo peffnitted home o0ccupations shall not be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight. k88 10 No hotme oOccupation shall have outside employees and/or customers between the hours of 40:-02-_00 p.m. and 7:00 a.m. {s}} 11 Pe fffi:�.w.,. 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 15 feet to the curbline or edge of the paved surface nor is parked within any right- of-way. {l-(4} 12 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 oi-rto or from the premises,is prohibited. On-site sales shall be limited to those clearly incidental to services provided in the dwelling. " 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. P a N E R E R R Y Last Updated January 2019 litm§AfVR to be removed Underlines to be added ) _ , LLen proof that ,if one is present, has receilVed seven days' notice o application for a home o----,- (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 a conditional use hermit for home occupations. (1) Expirations of conditional home occupations shall be as set forth in Section 30-656. fl}(2 Revocation of conditional use permits for home occupations shall be as set forth in Section 30-659. - -11 V-1111111 effect tifffil stich time as there has been a cl-ange of the opera until such time as the provisions of this section have been breached. At such time as city has reason to believe that either event has taken place, the Owner of the home- fflay cease the opera-"on or request a public hear4�be held pursuant to the -f subdivision H! of division 2 of this article to consider the matte (2) -if the proposed work descr4hed in a home oce-F�tf—F—Mit has not been substantially completed within two years after its date of issuance, the pen=nit shall ex-pire and become void, except that the council may, foll� --b ---mendation of the plann:i� extend the pemiit for an. per4od deteifnined by the council on th (3) The pemait shaR terminate if, for &--iy reason,the atfthor4zed use ceases for more tho—ft Six- mss: SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 20th day of May,2019. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk P 0 w I R I D 0 Y Last Updated January 2019 litm§AfVR Elk Request for Action River To Item Number Planning Commission -5.2 Agenda Section Meeting Date Prepared by Public Hearings Aril 23, 2019 Chris Leeseber , Senior Planner Item Description Reviewed by Home Occupations Zack Carlton,Planning Manager ■ Ordinance Amendment, Case No. OA 19-03 Reviewed by 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 sign0cant increase in levels of noise, dust, smoke,gas, heat, vibration,glare,fumes, odor or electrical interference shall be detectable to the normal senses o4�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 properly on n'hich 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 n elcoming community n ith revolutionary and spirited resourcefulness, exceptional P 0 w E R E 0 e r service, and community engagement that encourages and inspires prosperity 11AATURE1 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) Pur e. 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 " 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 iffipaetaffect 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,weldifig, 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)-pefffiits-shall be issued allowed subject to the conditions of this section, other applicable city ordinances and state law. A pertnit for a pertnitted home occupation may be issued by the city based upon proof Of eoi=npliaiace with the provisions of this section. Application for the peffnitted home ocett, sha4l be accompanied by a fee as adopted by resolutio.a of the eity . If the city denies establishment of anOccupation pe t-to an applicatita resident, the applic&r&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 be conducted by an individual who resides on the property and uses the residence as a primary address for legal purposes. {�Q_The oOccupation shall be carried on entirely within the dwelling unit , 4}4There 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. �4 The oOccupation shall not require internal or external construction features not customarily found in single-family residential dwellings. {�XA maximum of one Mfull-time employee, or equivalent, other than those persons who customarily reside on the premises shall be employed. This provision shaR not apply to dweffifigs where the permitted home occupalftoft fs a meeftfig Place for etnployees atid {�aP fff4te hoffi oOccupations involving teaching shall not exceed two pupils at a time. {6)a Signage shall not exceed four 04 square feet in area and shall be mounted flat on the outside wall of the dwelling unit or attached accessory structure. /7 )MNo peftnitted home o0ccupations shall not be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight. �10 No home oOccupation shall have outside employees and/or customers between the hours of 4"2-_00 p.m. and 7:00 a.m. {� 11 , e f ff to i o ffi 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 15 feet to the curbline or edge of the paved surface nor is parked within my right- of-way. {" 12 The operation of any wholesale or retail business, unless it is conducted entirely by courier, em4 or mail, ander does not involve the sale, shipment, or delivery of merchandise onto or from the premises,is prohibited. On-site sales shall be limited to those clearly incidental to services provided in the dwelling. " 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. (42) The applicaiat shall obtain and iiaclude with their applicatioia,wTitten proof that application for a home (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. (� 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. 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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 " " home occupations, so that permitted home occupations may be allowed through an administrative process rather than a quasi judicial hearing process. (b) Prohibited actiuitzes. 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 4nraetaffect 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, er n)(-)tor vehicle sales, escort businesses,-ot-�_sexually oriented land uses,gun repair and/or sales, or other objectionable uses as determined by the city council. (c) Perwitted home occupations. Permitted home occupations (Occupation)-pei s shall be is9tted allowed subject to the conditions of this section, other applicable city ordinances and state law. shRE be aeeo fee as adopted by resolution of the eit-8, . If the city denies establishment of an Occupation oto resident, the applie 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: L1L The Occupation may only be conducted by an individual who resides on the propertl% and uses time residence as a primaLy address for legal purposes The e()ccupation shall be carried on entirely within the dwelling unit . n��itM-intained. f2}hThere shall be no exterior evidence of the home o0ccupation 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}h 1'he o0ccupation shall not require internal or external construction features not customarily found in sin.gleam-family residential dwellings. (4y4(hA maximum of one �4full-time employee, or equivalent, other than those persons who customarily reside on the premises shall be employed. !-�f ; tAl nof ftpply to the -mot-it is done off pre—i'l-1. ��42Ln„f..,:'`~`' `""-"" ~Occupations involving teaching shall not exceed two pupils at a time. � a- SigLiagt. shall not exceed four f 4hsquare feet in area and shall be mounted flat on the outside wall of the dwelling unit or attached accessory structure. e& C)ccupation, shall not be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight. 1(U�No home o0ccupation shall have outside employees and/or customers between the hours of 4"9:00 p.m. and 7:00 a.m. f9� 1� 1L__" rff4t+��()ccupations 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. { 1� 2) 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 eAt-to or from the premises,is prohibited. On-site sales shall be limited to those clearly incidental to services provided in the dwelling. 1{ 3) 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. (2) -_ , proof that the hRVVqF-F"W#-IPVI,9 asseeifteon if one is ptesent, has reeeiv.ed -1-v. 'I (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 eviration of a conditional holwe oc�4961211,�er1ylit. () Expirations of conditional home occupations shall be as set forth in Section 30-656. (4�42JReyocations of conditional home occupation shall be as set forth in Section_ 30- 659. the pro-Asiofis of this section have been breaehed. At stteh time aq the eivy has reason to believe that either event kas talten p6ee, the awner of the he Miky eea-ge subdi- (2) -eewftplefed within Pwo years flfter its date if the proposed work deseribed in ft home ae nit htis not been substantiMI-e emtend the t e ii for an nuuyuviia■ period , (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. I' i