8.2 PCSR 02-28-2023Request for Action
To Item Number
Planning Commission 8.2
Agenda Section Meeting Date Prepared by
Work Session February 28, 2023 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Home Occupations Zack Carlton, Community Development Director
Reviewed by
Mark Pistulka, Building Official
Action Requested
Discuss if the city’s home occupation ordinance and provide staff direction regarding potential changes to the
current standards.
Background/Discussion
With the approval of a few home occupation CUP’s in recent years, building code issues have surfaced pertaining
to commercial operations being run out of a residential property. The state building code does not differentiate
between a business operating on a residentially zoned property versus one on a commercially zoned property.
With state and city regulations, a registered architect or engineer is required to prepare documents for the building
as commercial uses open to the public are required to meet all applicable commercial building, electrical, plumbing,
mechanical, and fire codes. It does not matter if the home occupation is an accountant, auto repair, office worker,
hair salon, photography studio, woodworking, etc.
Section 30-83 (c)(1) states: With each application for a building permit, and when required by the building official
for enforcement of any provisions of this article, two sets of plans and specifications shall be submitted together
with a certificate of survey of the lot upon which the proposed building or construction is to be done.
Section 30-83 (c)(2) states: All plans and specifications, except for single-family dwellings, or any other buildings
exempted by Minnesota Statute or the Minnesota State Building Code, shall be prepared and signed by a registered
architect or a registered professional engineer duly qualified by registration as required by Minn. Stats. § 326.02.
Several properties that recently received CUP’s noted significant expenses are required to meet the building code
requirements and challenges in finding professionals to do the design work as the jobs are typically too small.
Residential houses, garages, and sheds/pole buildings are typically not constructed with commercial uses/codes,
and the conversion to do so, if possible, can be extremely expensive/difficult. Items including commercially
compliant ingress/egress, standard and ADA accessible restrooms, stair slopes, hazardous material storage/
ventilation/disposal, plumbing, and electrical are not typically considered with construction of a home or
accessory structure.
Staff would like feedback regarding prohibition of home occupations operated from attached or detached
accessory structures, putting the focus back on occupations, working out of the home/house. For clarification,
The Elk River Vision
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Updated: January 2023
allowing home occupations to be operated from accessory structures, the city must adhere to the ordinance and
state building/electrical codes regardless of how expensive, difficult, or time consuming it may be for the
homeowner.
Staff reviewed 12 neighboring communities and 10 of the communities allow home occupations to be conducted
only in the home. Princeton and Ramsey allow them in detached accessory structures with Princeton not allowing
more than 625 square feet. Staff has spoken with other community inspectors and many of them stated they do
not address the registered architect or engineer topic.
Additionally, under the current ordinance, a person not residing on the property can apply for a CUP to operate a
home occupation. The intent had been to allow home occupations only to be operated by the property owner
while living on premise. This can be accomplished by adding “occupations not conducted by an individual who
resides on the property and uses the residence as a primary address for legal purposes” in the prohibited activities
section.
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of residential and commercial areas
Ethical, efficient, and responsible
Attachments
City Comparisons
Sec. 30-801. Home occupations
Section 30-83. Permits, inspections and fees; surcharge; plans and specifications
House Accessory Structure Architect or Engineer?Notes
Elk River
House and
attached
garage
Yes, with a CUP
Andover Yes With Interim Use Permit or Special Home Occupation
Permit
Anoka House only
Big Lake House only Prohibited within accessory buildings and attached
garages.
… shall meet all "applicable"
building and fire codes.
Prohibited above 3 parking spaces.
IUP for exeptions. Only 1 EE
nice purpose
statement
Brooklyn Park House only
Maple Grove House only
Monticello House only
Otsego House Only No operation in attached or detached garages. must meet building codes No exterior storage of equipment or
materials. Only 1 EE
list of allowed home
occupations
Plymouth House only
Princeton house and
detached
detached use shall not exceed 625 SF and not more
than 25% of dwelling
CUP required for all. Conducted by
no more than two people
Ramsey House and
garage
prohibits anything related to internal combustion
engines
Anything beyond home office
processed as a CUP and located in R-
1 district.
clearly owner
occupied. Run with
applicant not land
Rogers House only
St. Michael House only
Created: 2022-10-17 18:42:09 [EST]
(Supp. No. 56)
Page 1 of 2
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 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 affect 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, ammunition manufacturing, flea markets,
motor vehicle repairs within the Urban Service District, 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) shall be allowed subject to the
conditions of this section, other applicable city ordinances and state law. If the city denies establishment of
an occupation to a resident, the resident may appeal the decision pursuant to the provisions of subdivision II
of division 2 of this article. Permitted occupations 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.
(2) The occupation shall be carried on entirely within the dwelling unit.
(3) There shall be no exterior evidence of the occupation 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.
(5) The occupation shall not require internal or external construction features not customarily found in
single-family residential dwellings.
(6) A maximum of one full-time employee, or equivalent, other than those persons who customarily reside
on the premises shall be employed.
(7) Occupations involving teaching shall not exceed two pupils at a time.
(8) 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.
Created: 2022-10-17 18:42:09 [EST]
(Supp. No. 56)
Page 2 of 2
(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 customers between the hours of 9:00 p.m. and 7:00
a.m.
(11) 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.
(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 to 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.
(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 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.
(Code 1982, § 900.25; Ord. No. 05-09, § 2, 4-4-2005; Ord. No. 14-16, § 1, 11-17-2014; Ord. No. 19-11, § 1, 5-20-
2019)
Cross reference(s)—Licenses and business regulations, ch. 38.
Created: 2022-10-17 18:42:04 [EST]
(Supp. No. 56)
Page 1 of 1
Sec. 30-83. Permits, inspections and fees; surcharge; plans and specifications.
(a) Permits, inspections and fees. Permits and inspections shall be as provided by the Minnesota State Building
Code. The council shall establish the fees and charges from time to time by resolution.
(b) Surcharge. In addition to the required permit fee, the applicant shall pay a surcharge to be remitted to the
state department of administration as prescribed by Minn. Stats. § 16B.70.
(c) Plans and specifications.
(1) With each application for a building permit, and when required by the building official for enforcement
of any provisions of this article, two sets of plans and specifications shall be submitted, together with a
certificate of survey of the lot upon which the proposed building or construction is to be done.
(2) All plans and specifications, except for single-family dwellings, or any other buildings exempted by
Minnesota Statute or the Minnesota State Building Code, shall be prepared and signed by a registered
architect or a registered professional engineer duly qualified by registration as required by Minn. Stats.
§ 326.02.
(Code 1982, §§ 1000.00(3), 1002.04; Ord. No. 03-07, §§ 3, 4, 3-24-2003; Ord. No. 06-10, 10-2-2006)