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91-016 ORD - ORDINANCE 91 - 16 AN ORD~ ANCE AMENDING SECTION 900.20 - GENERAL REGULATIONS (SUB)(3) - HOME OCCUPATIONS The City i Council of the City of Elk River does ordain as follows: tion 1. That Section 900.20 ( 3) of the City of Elk River Cod of Ordinances titled "Home Occupations" be deleted and a new section be added to read as follows: 900.25 orne Occupations 1. Pur The purpose of this subsection is to prevent unfa1r competition with business districts and to provide a me ns through the establishment of specific standards and rocedures by which home occupations can be conducted in esidential neighborhoods without jeopardizing the resi entia! character or health, safety and general welf re of the surrounding neighborhood. In addition, this subsection is intended to provide a mechanism enab ing the distinction between permitted home occu ations and conditional or customarily "more sens'itive" home occupations, so that permitted home occu'ations may be allowed through an administrative proc ss rather than a Quasi-Judicial hearing process. e 2. Proh~bited Activities. or c nditional) shall: No home occupations (permitted Consti tute a fire hazard to neighboring residences, sely affect neighboring property values, or . itute a nuisance or otherwise be detrimental to the neig'bors because of excessive traffic, noise, glare, odor j electrical interference, vibration I dust and other nuis nce or safety hazards. Adversely impact governmental facilities and ces, including roads, sanitary sewer, water, storm age, garbage service, police and fire. c. incl qual othe Adversely affect sensitive environmental features ding lakes, surface and underground water supply and ty, wetlands, slopes, flood plains and soils, or factors as found relevant by the City. d. Involve the use of hazardous materials or activities. e e. Involve any of the following: body shops, machine shop., welding, ammunition manufacturing, flea markets, moto vehicle repairs or sale, massage or escort business or ther adult oriented businesses as defined by this - e e 3. ordin nce, or other objectionable uses as determined by the C ty Council. I I Permi ted Home Occu ations. Permi tted home occupations shall be issued sUbject to the conditions of this Section, other applicable City Ordinances and State Law. A permit for permitted home occupation may be issued by the Zonin Administrator or his agent based upon proof of compl ance with the provisions of this Subsection. Appli ation for the permitted home occupation permit shall be ad ompanied by a fee as adopted by the City Council by resol tion from time to time. If the Administrator denies a pemitted home occupation permit to an applicant, the appli ant may appeal the decision pursuant to the provi ions of Section 900.42. Permitted home occupations are s bject to the following criteria: a. The occupation shall be carried on entirely within the ,welling unit or attached garage except that light const uction contractors may use detached accessory struc ures which would normally be allowed under the provi ions of this ordinance for storage. If the home occup tions is carried on in the garage, the minimum amoun. of required garage space shall be maintained as garag space. shall be no exterior evidence of the home such as displays, exterior storage of business materials, merchandise, inventory or heavy c. No permitted home occupation shall require internal or ex ernal construction features not customarily found in dwelll' ngs. d. equivl resid shall occup' is do' A maximum of one (1) full-time employee, or lent, other than those persons who customarily on the premises shall be employed. This provision not apply to dwellings .where the permitted home tion is a meeting place for employees and the work e off-premise. e. not home occupations involving teaching shall (2) pupils at a time. f. or visible advertisements shall not exceed two ~2) square feet in area and shall be mounted flat on the 0 tside wall of the dwelling. permitted home occupation shall be serviced by ry vehicles larger than 26,000 pounds gross vehicle h. o home occupation shall be conducted between the - e e :.-{ , , . " hours of 10:00 p.m. and 7:00 a.m. i. deman exist fifte surfa j . unles invol the limit in th ermitted home occupations shall not create a parking in excess of that which can be accommodated in an ng driveway, where no vehicle is parked closer than n (15) feet from the curb line or edge of paved e. The operation of any wholesale or retail business, it is conducted entirely by mail, and does not e the sale, shipment, or delivery of merchandise on remise, is prohibited. On-site sales shall be d to those clearly. incidental to services provided dwelling. k. Permitted home occupations may not involve repair of inter al combustion engines or use of equipment which is not n rmally found in a home; except that equipment which is ty ically in an office may be used. Condi ional Home Occu ations. Home occupations that do not jj volve "Prohibited Activities", but that exceed the "Perm tted Home Occupation Criteria" may be allowed with appro al of a conditional use permit by the City Council pursu nt to the provisions of Section 900.42. 4. 5. Ins e the stric occup occup shall 6. a. the 01 Secti reaso owner reque' provil tion. The City may at any reasonable time inspect ome occupation to determine if the applicant is ly adhering to the criteria for a permitted home tion or the conditions placed on a conditional home tion. Inspection by the City of a home occupation take place at a minimum of every three (3) years. tions. Permitted and conditional home occupations s shall remain in effect until: Such time as there has been a change in conditions of eration or until such time as the provisions of this n have been breached. At such time as the City has to believe that either event has taken place, the of the home occupation may cease the operation or t a pUblic hearing be held pursuant to the ions of Section 900.42 to consider the matter. b. If the proposed work described in a home occupation permi. has not been substantially completed wi thin two (2) years after its date of issuance, the permit shall expire and ecome void except that the Council may, following recom endation of the Planning Commission, extend the permil for an additional period determined by the Council on t e receipt of a request for a permit extension prior to it expiration. I e e e .; '.. \ .' . ' -: : ~ Sec ion 2. That this ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this 15th dar of July, 1991. //l/) \ A. --I . l j //; ",,~~1 J" (~Y'(( James A. Tralle, Mayor ATTEST: Clerk Mfidavit of Publication o !l ,a rtr ~ring PW~~y vu.ea, of consti- tute a nu~aD.ce' QJ.', qthe,rivise ~ detri- to ~~neighbo1'8 because of e ' trame, noise, glare, odor, ,renee, vibration, dust , pr safety hazards. act governmental , including !'O,ads, ,rmdr!HJl~, garb~ " rue.' e. Adversely atr~ e environ. mental felltures W4: lakes, sur- face and undergrpUnd water supply and quality, wetlands,.slopes, flood plains " and soils, <lr Qther factors as found rele- VaD.t by the City. d. Involve the use of hazardous mate- rials or Ilctiyl , e. ~volve .th~JollQwj.ng: lwdy sl,1~ps, ~Jrlf!e, s OPIlI, welding, anu;nu- mtlllJlfa~g, Bell markets, mQtj)" repaifli or sal~. ~~ pr esco mess or other adult ori- ented BBilsaa defIDed by this o~~~.pr c,ther obj~able ullElllas determined by the ~tty Qouncil.' , ,', ' p:;J;:1~~"~' Q~CJ1't:1)~: !lued: subject t;Q t;ioiui: 9f th~ ~.on. " Qrdi~ DI1q~ a 't for a sl!e or plio STATEOFMINNESOTA ) )ss. COUNTY OF SHERBURNE) ~ ' DefY\. J ' , being duly sworn, on oath says at he/she 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 applicaLle laws, as amended., , (B)Theprinted O.~V 1'-1k, which is attached was cut from the columns of said newspaper. and was printed and published once each week, for I ~uc- cessive weeks; it was frrstpublished on Wednesday, the 3 J' . day of <-~~ ' ,19.::lL., and was thereafter printed and published on every Wednesday to and including Wednesday,the_dayof ,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. abc de fghij k 1 m nopqrltuvwxyz BY: XJ",^-~~ TITLE. ' , ~IJ) Subscribed and sworn to before me on this GLu-t~~ ,19.=i.L. e~(YV1. /J~~~~ Nota~lic INNNN"W~~ CINDY M. SCHIMINSKI , ANOKA COUNTY RAn' -: &MElpiresJune 10, 199'.l (1) Lowest classified ratl.';ptr'&'l~~NNNM'V'i"".rM. commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter day of $ ~1(O(j $ 1'3 <.\ \5S- 13<-t.s.s- $ tion of any wholesale or ess it is conducted d does not involve , or delivery of mer- . miSe, is prohibited. be limited to those ~services provided -&mw1 2. That this, ordinance shall take effect and be in full force from and after-the date of its publication. . Pa!lsedand adopted this 15th day of July,1991. James A. Tralle, Mayor ATTEST uSudra Thackeray, City Clerk (Jy 31) the.proposed 'Nork described in a . , pation permit, has not been tially-completed within two (2) J"'jts. date of issuance, the ts~ expire 'and become' void that the Council may, following ndation of the Planning Com- "extend the permit for an addi- d determinedby.the Coun- the receipt of a request for a "textension prior toits expiration.