95-008 ORD
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ORDINANCE 95--.JL
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.25 (HOME OCCUPATIONS) OF
THE CITY OF ELK RIVER CODE OF ORDINANCES
OA 95-1
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. The duly adopted Zoning Ordinance of the City of Elk River is hereby
amended to read as follows:
See Attached
Section 2. That this Ordinance shall take effect and be in full force from and
after the date of its publication.
Passed and adopted this 20th day of March, 1995, by the City Council of the City of
Elk River.
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ATTEST:
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<;)<it:~~ u,', ' ~~Ul~i
Sandra A. Thackeray, City Clerk /'
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900.2~ - HQME OCCUPATIONS
1. Purpose. The purpose of this subsection is to provide a
means through the establishment of specific standards and
procedures by which home occupations can be conducted in
residential neighborhoods withOut jeopardi~ing 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. Const~tute a fire ha~ard 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.
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B. Adversely impact governmental facilities and services,
including roads, sanitary sewer, water, st~rm 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, escort business or any
sexually oriented land uses as defined by this ordinance,
gun repair and/or sales, or other objectionable uses as
determined by the City Council.
.
3. Permitted Home Occupations. Permitted home 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
Subsection. Application for the permitted home occupation permit
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shall be accompanied by a fee as adopted by a resolution from
the City Council from time to time. If the City denies a
permitted home occupation permit to an applicant, the applicant
may appeal the decision pursuant to the provisions of the
Section of the ordinance related to 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.
B. 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.
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D. 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 occupaLi0n 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 have outside employees and/or
customers between the hours of 10:00 p.m. and 7:00 a.m.
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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
9.101
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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. Conqitional 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 the Section of the ordinance related to the Board
of Adjustments.
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A. Therapeutic Massage and Sauna Establishments operated
as home occupations shall be required to obtain a
conditional use permit.
5. Inspectio~. 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.
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.
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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
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
9.102
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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
Mfidavit of Publication
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2. " 0 home
occUP"ti9ns (pe~t~. or'coIiditionaD
shall:' ",. ... '. '. '., .". ','. .. ,
A. CQnstitute a fire hazard to neigh-
boring residences, adversely affect
neighborillg property v~lues, or consti-
tute l'iQuisanc,; rwise be cletri-
mental to t ors becaul!e of
exce~eive I glare,~ odor,
electiical "bration, . dust
and othjlf nuijl~nce or safety hazards.
B. A' . overnmental
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STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
being duly s om, on oath says that helshe is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended. ^
(B) The printed Q~ QS-1S
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for J &,c-
cessiveweeks;itwasfirstpublishedon Wednesday, the 5"-
day of ~ ' 19~ and was thereafter
printed and published on every Wednesday to and including
Wednesday, the_ day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a b c d e f g h ij k I m n 0 p q l' S t u v w x y z
BY:
TITLE:
(~-
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T!:-
day of
Y11 .
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable
space $
(2) Maximum rate allowed by law for
the above matter $
(3) Rate actually charged for the
above matter $
9. 45.00
J.oCf . en
a oQJY1
, D. A maxunum Ii l;fun~tfnie .
employee, or equi ,ther:'than
. thO$e persons who customarily reside
on the p~milies shall be employed.'
. This provision shalI not apply to :
dwelli where the. pel"IDitteq home,
pee n is a meeting place for
emp . and the work is done oiT.
preml .." .,.",'
E.' "Permitted . home . OCI!~pations
involving teaching shall nQt excee4 two
'(2) pupilllti.1rie; ,:;' '" ,
F. Any .visibleadvertillements
. shall not exceed two (2) sq~are 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 ij1an26,00Q pounds grOss vehi"
cleweight:.' ,"'.
H. No hOlJle occupation shall have
outside employees and/or customers
between the hourS of 10:00 p.m. and
7:00 un:' , ,
I. Permitted hOlJle occupations shall
not Create a parking demand in excess.
which can be accommodated in"
"
the sale, shipment, or delivery of mer-
chandise on the premise, is prol1ibited.
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 !;QlJlb\ls-
tion 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. ',; C9JldUioQa~ . H9me
O~~Q9I\.tiopS. 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 per-
mit by the City Council pursuant to the
provision,s of the Section of the ordi-
nance . related to the Board of
Adj\lstments. . .'. '
A. Therapeutic Massage an4 Sauna
Establishments operated as hOlJle occu- .
pations shall be required to obtain a'
conditional use permit. ' .
5. I~s*j;i9;n. The City may at any
reasonable time inspect the home occu-
pation to, determine if the applicant is
strictly adhering to the criteria for a
permitted home occupation or the con-
ditionlil placed on a conditional home
occupation. ' .
6.' . Permitted and coni
ditional . home pation!! permits
shall remain in until: ,.-. .
A. Such time ere'. has been a
change in conditionl! Q.fthe operation or
until such tilJle as the provisiops of this
Section have . breached: At. such
time aathe , . fit!> believe, : ,
that either e as a en place, the. .
owner of the home. occupation, may,. ' ,
cease 1. . est a public ' ,
hearing to the provi" ,
sions 0 to consider the. .
matter.
B. If the
home occ
s~
bed in a",
ot been
, Q(2)
the. per.
orne void
Cl lJlay, following
recOmniendatlllD of the Planning
Commission, extend the permit for an
additional period determined .by the.
Council on the expiration.
C. For any reaSQn, the authorized use
ceases for more than one (1) year. .
Section 2. That this Ordinance shall
,take,effect and be in full force frOlJl and
after the date 'of its publication.
Passed and adopted thill 20th day of
Mar~h, 1995, by the City Council of the
City of Elk River. .'. , . .
Henry A. Duitsman, Mayor
ATTEST:
Sandra .AThae~eray, CjtyClerk
(Ap5) ,