ORD 19-11Of
ver
Ordinance 19 - li
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Underlines to be added
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) 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 4npftetaffict 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,-er--�_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) peirits shall be issued
allowed subject to the conditions of this section, other applicable city ordinances and state law.
Aperinit
r. ft itte h b1. J.� d by t Y b upon F� f
permitted
�1 J r a
. If the city
denies establishment of an Occupation permit -to atrrapplie*ata
resident, the resident. may appeal the decision pursuant to the provisions of
r01EaIa I
NAIURE
Last Updated January 2019
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t_Jnderhnes to be added
subdivision II of division 2 of this article. Permitted heme-a0ccupations are subject to the
following criteria:
(1) The Occupation ma) only be conducted b�• an individual who resides on therl+ ope—M
and uses the residence as a primary address for legal nurrposes.
0)44The ,aOccupation shall be carried on entirely within the dwelling unit ,
{2}4UThere shall be no exterior evidence of the hoi te-a0ccupation such as displays or
exterior storage of business equipment, materials, merchandise, inventory, and or heavy
equipment.
4 No noise hts odors dus s heat, vibration, fare or other . h sical manifestations
resulting from the Occupation shall „be evident beyond the boundaries of the nropeM
on which the Occupation is being conducted.
(3)The eOccupation shall not require internal or external construction
features not customarily found in s le-famil residential dwellings.
{4�aA maximum of one afull-time employee, or equivalent, other than those persons who
customarily reside on the premises shall be employed. This provision shaR tiat apply to
the work is done off p i
{5) Occupations involving teaching shall not exceed two pupils at a time.
'% }_M Signage shall not exceed four asquare feet in area and
shall be mounted flat on the outside wall of the dwelling unit or attached accessory
structure.
e44 Occupations shall not be serviced by delivery vehicles larger than
26,000 pounds gross vehicle weight.
{S} 1( OLNo hante oOccupation shall have outside employees and/or customers between the
hours of 49:89:00 p.m. and 7:00 a.m.
{� 1( 1L 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 ani, right -
of W .
{�A} 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 an to or from the premises, is prohibited. On-site sales shall be limited to
those clearly incidental to services provided in the dwelling.
{44-} 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.
Last Updated January 2019
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(d) Conditional home occupation.. 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.
(fl Revocation or expiration ofa conditional arse hermit ar home occa ations.
(1) Expirations of conditional home occupations shall be as set forth in Section 30-656.
{�j 2 Revocation of conditional use ermits fox home occupations shall be as set forth in
Section 30-659.
FF x tmfil h titne its there has been a eha - t Fal- .-:
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yp 1
•1 9ttet- 4: as the pi-evonsof this seetieft� lftve beeft br- ..l_..! At ,. ..1.. time a.l.,.
eity hfts reasen to believe tho either- event has tftken piftee, the ewner- of the home
-if the proposed wogE desefibed in ft home oeetipation pefrnit has not been substantia
extend the peffnit f aft additionftl period detefniined 7 l eatWI64 oft tl
(3) 4he pem4t terntinate
, ,
months.
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.
ATTEST:
C-,4 LV
Tina Allard, City Clerk
Last Updated January 2019
Yin J. ietz, ufayor
�r
rrIATURE
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
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Star News
with the known office of issue being located
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SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
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the requirements constituting qualifica-
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by Minn. Stat. §331A.02.
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week, for 1 successive week(s); the first
insertion being on 05/25/2019 and the last
insertion being on 05/25/2019.
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a substant!*aj portion of the newspaper's
circ n is t the latter county.
s
1 -
By
Designated Agent
Subscribed and sworn to or affirmed before
me on 05/25/2019 by Elise Strecker.
Notary Public
DARLENE MARIE MACHERSON
= Notary Public
. _f Minnesota
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Ad ID 941005
CITY OF ELK RIVER
ORDINANCE 19 -11
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 spe-
cific standards and procedures,
by which home occupations can
be conducted in residential neigh-
borhoods, within a dwelling unit,
without jeopardizing the residen-
tial character or health, safety and
general welfare of the surrounding
neighborhood. In addition, this sec-
tion is intended to provide a mech-
anism enabling a distinction be-
tween permitted home occupations
and conditional home occupations,
so that permitted home occupa-
tions 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 other-
wise be detrimental to the neigh-
bors because of excessive traffic,
noise, glare, odor, electrical inter-
ference, vibration, dust and other
nuisance or safety hazards.
(2) Adversely affect governmen-
tal facilities and services, includ-.
ing roads, sanitary sewers, water,
storm drainage, garbage service,
police service and fire service.
(3) Adversely affect sensitive
environmental features, including
lakes, surface water and under-
ground
nderground water supply and quality,
wetlands, slopes, floodplains and
soils, or other factors as found rele-
vant by the city.
(4) Involve the use of hazardous
materials or activities.
(5) Involve any of the following:
body shops, machine shops, am-
munition manufacturing, flea mar-
kets, motor vehicle repairs within
the Urban Service District, motor
vehicle sales, escort businesses,
sexually oriented land uses, gun
repair and/or sales, or other objec-
tionable uses as determined by the
city council.
(c) Permitted home occupations.
Permitted home occupations (Oc-
cupation) shall be allowed subject
to the conditions of this section,
other applicable city ordinances
and state law. If the city denies es-
tablishment of an Occupation to a
resident, the resident may appeal
the decision pursuant to the pro-
visions of subdivision II of division
2 of this article. Permitted Occu-
pations are subject to the following
criteria:
(1) The Occupation may only be
conducted by an individual who re-
sides on the property and uses the
residence as a primary address for
legal purposes.
(2) The Occupation shall be car-
ried on entirely within the dwelling
unit.
(3) There shall be no exterior ev-
idence of the Occupation such as
displays or exterior storage of busi-
ness equipment, materials, mer-
chandise, 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 evi-
dent beyond the boundaries of the
property on which the Occupation
is being conducted.
(5) The Occupation shall not
require internal or external con-
struction features not customarily
found in single-family residential
dwellings.
(6) A maximum of one (1) full-
time employee, or equivalent, other
than those persons who customar-
ily reside on the premises shall be
employed.
(7) Occupations involving teach-
ing shall not exceed two pupils at
a time.
(8) Signage shall not exceed four
(4) square feet in area and shall be
mounted flat on the outside wall of
the dwelling unit or attached ac-
cessory structure.
(9) Occupations shall not be
serviced by delivery vehicles larger
than 26,000 pounds gross vehicle
weight.
(10) No Occupation shall have
outside employee and/or custom-
ers between the hours of 9:00 p.m.
and 7:00 a.m.
(11) Occupations shall not cre-
ate 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.
(12) The operation of any whole-
sale or retail business, unless it
is conducted entirely by courier,
email, or mail, and/or does not in-
volve the sale, shipment, or deliv-
ery of merchandise to or from the
premises, is prohibited. On-site
sales shall be limited to those clear-
ly incidental to services provided in
the dwelling.
(13) Permitted home occupa-
tions may not involve repair of in-
ternal combustion engines or use
of equipment which is not normally
found in a home, except that equip-
ment which is typically in an office
may be used.
(d) Conditional home occupa-
tions. 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 adher-
ing to the criteria for a permitted
home occupation or the conditions
placed on a conditional home oc-
cupation.
(f) Revocation or expiration of
a conditional use permit for home
occupations.
(1) Expirations of conditional
home occupations shall be as set
forth in Section 30-656.
(2) Revocation of conditional use
permits for home occupations shall
be as set forth in Section 30-659.
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
Published in the
Star News
May 25, 2019
941005