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10.1. PCSR 03-28-2023Request for Action To Item Number Planning Commission 10.1 Agenda Section Meeting Date Prepared by Work Session March 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 the city’s home occupation ordinance as it relates to state statutes and the purpose of residential districts. Provide staff direction regarding potential changes to the current standards. Background/Discussion Staff reviewed this item at a work session with the commission on February 28, 2023, and received feedback and questions. The commission wanted the item to come back when all/most of the commissioners would be in attendance and asked for clarification on when an architect is required and if there are any exceptions. The term “architect” will be used for various licensed professionals. Home Occupation Ordinance and Conditional Use Permits The current home occupation ordinance “purpose” section states it is to provide a means for home occupations to be conducted within a dwelling unit and subsection (c) “permitted home occupations” states the occupation shall not require internal or external construction features not customarily found in single-family home. Subsection (c)(13) further states permitted home occupations may not involve equipment, which is not normally found in a home, except that equipment which is typically in an office may be used. While the procedure of a Conditional Use Permit (CUP) is in place for activities exceeding the permitted home occupation criteria, the purpose for home occupations is to use a part of the home a workplace, such as a home office or workshop, to conduct business activities without altering the structure or requiring uncommon equipment found within a home. The 2019 ordinance amendment has more direct references to occupations occurring in accessory structures with a CUP, but the single-family home references have been in place for decades. Prior to the 2019 ordinance amendment, the ordinance stated the occupation shall be carried on entirely within the dwelling unit or attached garage, except that light construction contractors may use detached accessory structures. The limited allowance for detached accessory structures was to provide space for a small contractor, for instance, to park a truck and/or trailer in an enclosed space. A CUP is utilized to protect the public welfare and, regarding this subject, the quality of life for the residential neighbors. It ensures that the proposed use, not allowed by-right, does not negatively impact the residents, and that it is consistent with the overall goals and objectives of the local zoning laws and regulations. Listed conditional uses in the ordinance are those the council has deemed may be detrimental to area. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: January 2023 Overall, the purpose of a CUP is to balance the interest, not the right, of a property owner with those of the community, ensuring that land use decisions are made in a way that promotes the public welfare and protects the quality of life, the appearance of the neighborhood, and residents’ investment to their residential properties. State Statutes Below are two subdivisions of the state statute outlining when an architect is required. The subdivisions generally state a licensed architect is required for everything except houses, sheds (residential), and farm structures. 326.03 License or Certificate Required. Subdivision 1. Plans; documents. No person, except an architect, engineer, land surveyor, landscape architect, geoscientist, or certified interior designer, licensed or certified as provided for in sections 326.02 to 326.15 shall practice architecture, professional engineering, land surveying, landscape architecture, or professional geoscience, or use the title certified interior designer, respectively, in the preparation of plans, specifications, reports, plats or other architectural, engineering, land surveying, landscape architectural, geoscientific, or interior design documents, or in the observation of architectural, engineering, land surveying, landscape architectural, geoscientific, or interior design projects. In preparation of such documents, reasonable care shall be given to compliance with applicable laws, ordinances, and building codes relating to design. Subd. 2. Exceptions. Nothing contained in sections 326.02 to 326.15 shall prevent persons from advertising and performing services such as consultation, investigation, or evaluation in connection with, or from making plans and specifications for, or from supervising, the erection, enlargement, or alteration of any of the following buildings: (1) dwellings for single families, and outbuildings in connection therewith, such as barns and private garages; (2) two family dwellings; (3) any farm building or accessory thereto; or (4) temporary buildings or sheds used exclusively for construction purposes, not exceeding two stories in height, and not used for living quarters. Below is a subdivision of the statute outlining exceptions to when an architect is required. It generally states, it is for a business owner (property/homeowner) solely who will have no employees, customers, visitors, and/or patrons. 326.02 Licensure or Certification. Subd. 5. Limitation. The provisions of sections 326.02 to 326.15 shall not apply to the preparation of plans and specifications for the erection, enlargement, or alteration of any building or other structure by any person, for that person's exclusive occupancy or use, unless such occupancy or use involves the public health or safety (customers, visitors, patrons) or the health or safety of the employees of said person, or of the buildings listed in section 326.03, subdivision 2 (listed above),… nor to any detailed or shop plans required to be furnished by a contractor to a registered engineer, landscape architect, architect, or certified interior designer, nor to any standardized manufactured product, nor to any construction superintendent supervising the execution of work designed by an architect, landscape architect, engineer, or certified interior designer licensed or certified in accordance with section 326.03, nor to the planning for and supervision of the construction and installation of work by an electrical or elevator contractor or master plumber as defined in and licensed pursuant to chapter 326B, where such work is within the scope of such licensed activity and not within the practice of professional engineering, or architecture, or where the person does not claim to be a certified interior designer as defined in subdivision 2, 3, or 4b. Bu enclosed) for parking garages, open or except 1Sgroup (as defined by the MSBC under occupancy Storage )Bgroup (as defined by the MSBC under occupancy si Below is a partial section of the Revisor of Statutes outlining structural exceptions, in conjunction of 326.02 Subd. 5. (above), to when an architect is required. Almost all home occupations will fall under the “Business” or “Storage – S1” categories. The full section is included as an attachment. 1800.5900 Classes of Buildings. In accordance with Minnesota Statutes, sections 326.02, subdivision 5, and 326.03, subdivision 2, the following classes of buildings are exempt subject to the limitations of the elements listed below: Not greater than two story with a basement; and Not greater than 2,250 GSF Not greater than one story with no basement; and Not greater than 3,000 GSF Exceptions Even if a structure does not require an architect, it still must meet all applicable commercial building, electrical, plumbing, mechanical, and fire codes. An architect is just one piece of the approval process. Again, residential houses, garages, and sheds/pole buildings are typically not constructed anticipating commercial uses/codes, and with the change of use, 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, mechanical, and electrical are not typically considered with construction of a home or accessory structure. City Ordinances Below are two of the city’s ordinance regarding when plans are required and when needed to be signed by an architect. 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. In summary, the only time an architect is not required is when a business is just the owner with no other people on site (customers or employees) and occupies a space no larger than allowed by the state, which typically will be 2,500 or 3,000 square feet depending on the use. In other words, if any people are on site, other than the owner, or the structure is larger than the state regulations, an architect it required. The exceptions would allow individuals to continue working from a home office, studio, or workshop using only equipment which is normally found in a home. Architect and City Relationship Building codes are established to protect the health, safety, and welfare of the public prior to the occupancy of a structure. These codes cover a range of issues, including structural integrity, fire safety, accessibility, and energy efficiency. Architects must have a thorough understanding of local, state, and national building codes, and how they apply to the applicant’s project to ensure the safety and wellbeing of the people who will use the structures. Building inspectors are responsible for enforcing building codes and regulations to ensure that buildings are safe, healthy, and structurally sound. They review architectural plans and inspect buildings during construction to ensure compliance with codes and regulations outlined by the architect. While building inspectors may provide feedback on structure designs to ensure compliance with codes and regulations, it is not their role to design. The relationship of an architect with the city is one where they coordinate with city code officials to ensure their client’s design meets all code requirements. Comprehensive Plan and Land Use The comprehensive plan and land uses are established to guide the development of properties in logical systematic ways. For residential land uses, the goal is to create livable neighborhoods and to protect against land use conflicts with activities that may be detrimental to people that have invested in their residential property while not expecting a business in their neighborhood. Commercial uses, for the most part, are not appropriate in residential neighborhoods as they can create a variety of negative impacts on the neighborhood. Some of these impacts may include increased traffic, noise, pollution, and reduced property values. Additionally, commercial activities may disrupt the peace and quiet of residential areas and could potentially lead to safety concerns or other issues. Our ordinance does not allow for residential uses to be within commercial zones, so should commercial uses be allowed within residential zones? Is the city’s goal of home occupations to allow individuals to work from within their home or is to utilize the property in a manner that possibly allows undesirable businesses/activities/aesthetics into a residential area? Recent CUP History During the February 28, 2023, work session, the commission questioned if this was something new and if it had been addressed with recent CUP’s reviewed by the city. Attached are various excerpts of text from home occupation CUP staff reports from the past three years. Existing Businesses While there are undoubtedly legitimate existing home occupation businesses in the community the city is unaware of, the goal would be to work with them to continue allowing them to operate. If the direction is to limit home occupations to within the house, staff then would recommend allowing businesses occurring in accessory structures, existing prior to the adoption of an ordinance amendment, to continue as long as they are not listed as a prohibited activity, show proof they have been a valid business in the State of Minnesota prior to (date of approved amendment), receive a Conditional Use Permit, and meet all applicable commercial building, electrical, plumbing, mechanical, and fire codes. Summary Regardless of the direction desired, home occupations that occupy a house, garage, or shed, and that have any people on site other than the owner, or function in a structure larger than the state regulations, require an architect. Whether an architect is required or not, because of the change of use, the structure still must meet all applicable commercial building, electrical, plumbing, mechanical, and fire codes, regardless of how expensive, difficult, or time consuming it may be for the homeowner. Limited exceptions not requiring an architect do allow individuals to work solely from a home office, studio, or workshop using only equipment which is normally found in a home. Financial Impact None Mission/Policy/Goal  Maintain livable neighborhoods  Protect against land use conflicts  Provide for home occupations  Ethical, efficient, and responsible Attachments  326.02 Licensure or Certification  326.03 License or Certificate Required  1800.5900 Classes of Buildings  Section 30-83 Permits, inspections and fees; surcharge; plans and specifications  Text from recent CUPs  Planning Commission Memo dated February 28, 2023 326.02 LICENSURE OR CERTIFICATION.​ Subdivision 1.Licensure or certification mandatory.In order to safeguard life, health, and property,​ and to promote the public welfare, any person in either public or private capacity practicing, or offering to​ practice, architecture, professional engineering, land surveying, landscape architecture, or professional​ geoscience, or using the title certified interior designer in this state, either as an individual, a copartner, or​ as agent of another, shall be licensed or certified as hereinafter provided. It shall be unlawful for any person​ to practice, or to offer to practice, in this state, architecture, professional engineering, land surveying,​ landscape architecture, or professional geoscience, or to use the title certified interior designer, or to solicit​ or to contract to furnish work within the terms of sections 326.02 to 326.15, or to use in connection with​ the person's name, or to otherwise assume, use or advertise any title or description tending to convey the​ impression that the person is an architect, professional engineer (hereinafter called engineer), land surveyor,​ landscape architect, professional geoscientist (hereinafter called geoscientist), or certified interior designer,​ unless such person is qualified by licensure or certification under sections 326.02 to 326.15. This subdivision​ does not preclude an individual who retired from one of the professions listed in this subdivision from using​ the designation architect, professional engineer, land surveyor, landscape architect, professional geoscientist,​ or certified interior designer as long as the designation is preceded by the word "retired" and the individual​ was licensed or certified in the designated profession in the state of Minnesota on the date the individual​ retired from the designated profession and the individual's license or certification was not subsequently​ revoked by the Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience,​ and Interior Design.​ Subd. 2.Practice of architecture.Any person shall be deemed to be practicing architecture, within the​ meaning of sections 326.02 to 326.15, who holds out as being able to perform or who does perform any​ professional service, such as planning, design, or supervision of construction for the purpose of assuring​ compliance with specifications and design, in connection with any private or public buildings, structures or​ projects, or the equipment or utilities thereof, or the accessories thereto, wherein the safeguarding of life,​ health, or property is concerned or involved, when such professional service requires the application of the​ art and science of construction based upon the principles of mathematics, aesthetics, and the physical sciences,​ acquired by education or training, and by experience. For the purposes of this subdivision "supervision" is​ a professional service as distinguished from superintending of construction and means the performance or​ the supervision thereof, of reasonable and ordinary on the site observations to determine that the construction​ is in substantial compliance with the approved drawings, plans and specifications.​ Subd. 3.Practice of professional engineering.(a) Any person shall be deemed to be practicing​ professional engineering within the meaning of sections 326.02 to 326.15 who holds out as being able to​ perform or who does perform any technical professional service, such as planning, design or observation of​ construction for the purpose of assuring compliance with specifications and design, in connection with any​ public or private structures, buildings, utilities, machines, equipment, processes, works, or projects wherein​ the public welfare or the safeguarding of life, health, or property is concerned or involved, when such​ professional service requires the application of the principles of mathematics and the physical and applied​ engineering sciences, acquired by education or training, and by experience.​ (b) No person other than one licensed under sections 326.02 to 326.15 as a professional engineer may:​ (1) use the term "professional engineer";​ (2) use any other abbreviation or term, including the initials "P.E." or "PE" by signature, verbal claim,​ sign, advertisement, letterhead, card, or similar means that would lead the public to believe that the person​ was a professional engineer; or​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 326.02​MINNESOTA STATUTES 2022​1​ (3) use any means or in any other way make a representation that would lead the public to believe that​ the person was a professional engineer.​ (c) A professional engineering license satisfies any requirements by the state or its political subdivisions​ to perform any actions authorized under the professional engineering license. A person licensed as a​ professional engineer under sections 326.02 to 326.15 shall only be required to obtain a license, certification,​ or other form of approval for a skill or service in addition to a professional engineering license if the state​ or political subdivision has made an affirmative written determination in statute, rule, or ordinance that such​ additional license or certification is necessary to safeguard life, health, or property, or promote the public​ welfare. This section does not preclude the state or a political subdivision from including additional​ requirements when soliciting public contracts for engineering services. This paragraph does not apply to​ practice areas where licenses or certifications are required prior to August 1, 2015.​ Subd. 3a.Practice of professional geoscience.A person is considered to be practicing professional​ geoscience within the meaning of sections 326.02 to 326.15 who holds out as being able to perform or who​ does perform any technical professional services, the adequate performance of which requires professional​ geoscience education, training, and experience in the application of special knowledge of the mathematical,​ physical, chemical, biological, and earth sciences to such services or creative work as consultation,​ investigation, evaluation, planning, mapping, and inspection of geoscientific work and its responsible​ supervision.​ A person is considered to practice or offer to practice professional geoscience, within the meaning and​ intent of sections 326.02 to 326.15 who practices any of the geoscience disciplines defined by the board;​ who by verbal claim, sign, advertisement, letterhead, card, or in any other way represents oneself to be a​ professional geoscientist; through the use of some other title implies that the person is a professional​ geoscientist; or who presents oneself as able to perform or who does perform any geoscience services or​ that constitutes the practice of a professional geoscience discipline as defined by the board.​ "Geoscience" means the science which includes treatment of the earth and its origin and history; the​ investigation, measurement or sampling, of the earth's constituent rocks, natural and induced fields of force,​ minerals, fossils, solids, soils, fluids including surface and underground waters, gases, and other materials;​ and the study, interpretation, and analysis of the natural agents, forces, and processes which cause changes​ in the earth.​ Nothing in this subdivision shall be construed to prevent a professional engineer, as defined in sections​ 326.02 to 326.15, from acquiring engineering data involving soil, rock, groundwater, and other earth materials;​ evaluating physical and chemical properties of soil, rock, groundwater, and other earth materials for​ engineering; and from utilizing these data for analysis, design, and construction. Nothing in this subdivision​ shall be construed to permit a professional geoscientist to engage in the practice of professional engineering,​ architecture, landscape architecture, or land surveying or to use the title "certified interior design" as those​ terms are defined in this section. Nothing in this subdivision shall be construed to regulate persons who take​ soil samples for the purpose of providing recommendations on crop production.​ Subd. 4.Practice of land surveying.Land surveying means the application of the principles of​ mathematics, physical and applied sciences and law to measuring and locating lines, angles, elevations and​ natural or artificial features in the air, on the surface of the earth, underground and on the beds of bodies of​ water for the purpose of:​ (1) determining, monumenting, establishing, or reestablishing property boundaries;​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 2​MINNESOTA STATUTES 2022​326.02​ (2) determining, monumenting, or reestablishing the position for any public land survey system corner​ or line;​ (3) planning, designing, and platting of land and subdivisions including the topography, alignment and​ grades of streets; and​ (4) preparing and perpetuating maps, record plats, and property descriptions.​ Any person who offers to perform, holds out as being able to perform, or does perform land surveying​ for others shall be practicing land surveying.​ Nothing contained in the provisions of sections 326.02 to 326.15, shall prohibit a licensed professional​ engineer, architect, landscape architect, or professional geoscientist from doing any work included in the​ practice of engineering, architecture, landscape architecture, and professional geoscience, if the work does​ not involve the establishment or reestablishment of property corners, property lines, or public land survey​ system corners or lines.​ Subd. 4a.Practice of landscape architecture.Any person shall be deemed to be practicing landscape​ architecture, within the meaning of sections 326.02 to 326.15, who holds out as being able to perform or​ who does perform any professional service in connection with the development of land areas where the​ dominant purpose of the service is the preservation, enhancement or determination of proper land uses,​ natural land features, ground cover and planting, naturalistic and aesthetic values, the settings, approaches​ or environment for structures or other improvements, and the consideration and determination of inherent​ problems of the land relating to erosion, wear and tear, blight and hazards. This practice shall include the​ location and arrangement of tangible objects and features incidental and necessary to the purposes outlined​ but shall not include the design of structures or facilities with separate and self-contained purposes as​ ordinarily included in the practice of engineering or architecture or the preparation of boundary surveys or​ final land plats, as ordinarily included in the practice of land surveying.​ Nothing contained in sections 326.02 to 326.15 concerning landscape architects shall be construed:​ (1) to apply to a professional engineer duly registered under the laws of this state;​ (2) to apply to an architect registered under the laws of this state;​ (3) to apply to a land surveyor registered under the laws of this state;​ (4) to prevent a registered architect or professional engineer from doing landscape planning and designing;​ (5) to exclude nursery operators or other small business people from the preparation of landscape plans​ appropriate to the normal operation of their business;​ (6) to authorize a landscape architect to engage in the practice of architecture, engineering, land surveying,​ or geoscience.​ No person shall use the designation landscape architect or any title or device indicating or representing​ that the person is a landscape architect or is practicing landscape architecture unless the person is registered​ under the provisions of sections 326.02 to 326.15.​ Subd. 4b.Certified interior designer.(a) For the purposes of sections 326.02 to 326.15, "certified​ interior designer" means a person who is certified under section 326.10, to use the title certified interior​ designer and who provides services in connection with the design of public interior spaces, including​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 326.02​MINNESOTA STATUTES 2022​3​ preparation of documents relative to non-load-bearing interior construction, space planning, finish materials,​ and furnishings.​ (b) No person may use the title certified interior designer unless that person has been certified as an​ interior designer or has been exempted by the board. Registered architects may be certified without additional​ testing. Persons represent themselves to the public as certified interior designers if they use a title that​ incorporates the words certified interior designer.​ (c) Nothing in this section prohibits the use of the title interior designer or the term interior design by​ persons not certified by the board.​ (d) Nothing in this section restricts persons not certified by the board from providing interior design​ services and from saying that they provide such services, as long as they do not use the title certified interior​ designer.​ (e) Nothing in this section authorizes certified interior designers to engage in the practice of architecture​ as defined in subdivision 2 or the practice of engineering as defined in subdivision 3.​ Subd. 5.Limitation.The provisions of sections 326.02 to 326.15 shall not apply to the preparation of​ plans and specifications for the erection, enlargement, or alteration of any building or other structure by any​ person, for that person's exclusive occupancy or use, unless such occupancy or use involves the public health​ or safety or the health or safety of the employees of said person, or of the buildings listed in section 326.03,​ subdivision 2, nor to any detailed or shop plans required to be furnished by a contractor to a registered​ engineer, landscape architect, architect, or certified interior designer, nor to any standardized manufactured​ product, nor to any construction superintendent supervising the execution of work designed by an architect,​ landscape architect, engineer, or certified interior designer licensed or certified in accordance with section​ 326.03, nor to the planning for and supervision of the construction and installation of work by an electrical​ or elevator contractor or master plumber as defined in and licensed pursuant to chapter 326B, where such​ work is within the scope of such licensed activity and not within the practice of professional engineering,​ or architecture, or where the person does not claim to be a certified interior designer as defined in subdivision​ 2, 3, or 4b.​ History: (5697-1) 1921 c 523 s 1; 1933 c 404 s 1; 1945 c 380 s 1; Ex1967 c 28 s 1; 1971 c 22 s 1-3;​ 1973 c 245 s 1; 1975 c 329 s 1-3; 1979 c 209 s 1; 1Sp1981 c 4 art 1 s 25-29; 1986 c 444; 1992 c 507 s 3-5;​ 1995 c 206 s 4-7; 2002 c 239 s 1; 2010 c 280 s 8; 2013 c 85 art 2 s 3; 2014 c 236 s 1,2; 2015 c 18 s 1​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 4​MINNESOTA STATUTES 2022​326.02​ 326.03 LICENSE OR CERTIFICATE REQUIRED.​ Subdivision 1.Plans; documents.No person, except an architect, engineer, land surveyor, landscape​ architect, geoscientist, or certified interior designer, licensed or certified as provided for in sections 326.02​ to 326.15 shall practice architecture, professional engineering, land surveying, landscape architecture, or​ professional geoscience, or use the title certified interior designer, respectively, in the preparation of plans,​ specifications, reports, plats or other architectural, engineering, land surveying, landscape architectural,​ geoscientific, or interior design documents, or in the observation of architectural, engineering, land surveying,​ landscape architectural, geoscientific, or interior design projects. In preparation of such documents, reasonable​ care shall be given to compliance with applicable laws, ordinances, and building codes relating to design.​ Subd. 2.Exceptions.Nothing contained in sections 326.02 to 326.15 shall prevent persons from​ advertising and performing services such as consultation, investigation, or evaluation in connection with,​ or from making plans and specifications for, or from supervising, the erection, enlargement, or alteration of​ any of the following buildings:​ (1) dwellings for single families, and outbuildings in connection therewith, such as barns and private​ garages;​ (2) two family dwellings;​ (3) any farm building or accessory thereto; or​ (4) temporary buildings or sheds used exclusively for construction purposes, not exceeding two stories​ in height, and not used for living quarters.​ Subd. 3.Recording.No plat, map, or drawing of any survey or subdivision of lands required by law to​ be filed or recorded with the county recorder or registered with the registrar of titles of any county, shall be​ filed, recorded, or registered therein unless there shall be endorsed thereon a certification by a licensed land​ surveyor.​ Subd. 4.Exception for persons elected in office.The provisions hereof shall not apply to any person​ holding an elective office when in discharging the duties thereof such person is required to do work or​ perform service of the character of work or service usually done or performed by an architect, engineer,​ land surveyor, landscape architect, or geoscientist.​ Subd. 5.Insurance companies; rating bureaus.The provisions of sections 326.02 to 326.15 shall not​ apply to inspection and service work done by employees of insurance companies, their agents, or insurance​ rating bureaus.​ History: (5697-2) 1921 c 523 s 2; 1933 c 404 s 1; 1945 c 380 s 2; Ex1967 c 28 s 2; 1975 c 83 s 1; 1975​ c 329 s 4,5; 1976 c 181 s 2; 1976 c 222 s 138; 1978 c 577 s 1,2; 1Sp1981 c 4 art 1 s 30; 1987 c 8 s 1; 1987​ c 384 art 1 s 30; 1989 c 329 art 5 s 15; 1990 c 562 art 5 s 11; 1992 c 507 s 6; 1995 c 206 s 8,9; 1998 c 324​ s 9​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 326.03​MINNESOTA STATUTES 2022​1​ 1 REVISOR 1800.5900 1800.5900 CLASSES OF BUILDINGS. In accordance with Minnesota Statutes,sections 326.02,subdivision 5,and 326.03, subdivision 2,the following classes of buildings are exempt subject to the limitations of the elements listed below: Classifications Elements that must be met to be exempt* Assembly (as defined by the MSBC under occupancy group A2:Dining and drinking less than 50 persons) Not greater than one story with no basement;and Seating for not more than 20 persons;and Not greater than 1,000 gross square footage (GSF) Business (as defined by the MSBC under occupancy group B) Not greater than two story with a basement;and Not greater than 2,250 GSF Factory (as defined by the MSBC under occupancy group F2) Not greater than one story with no basement;and Not greater than 3,000 GSF Mercantile (as defined by the MSBC under occupancy group M) Not greater than two story with a basement;and Not greater than 1,500 GSF Residential (as defined by the MSBC under occupancy group R) Apartment houses/condominiums (three units or less),dwellings,lodging houses,attached single-family dwellings/townhomes,and congregate residences (each accommodating ten persons or less) Storage (as defined by the MSBC under occupancy group S1:Aircraft hangars and helistops) Not greater than one story with no basement;and Not greater than 3,000 GSF Storage (as defined by the MSBC under occupancy group S2 except for parking garages,open or enclosed) Not greater than one story with no basement;and Not greater than 5,000 GSF Utility (as defined by the MSBC under occupancy group U except for fences higher than 8',tanks and towers,and retaining walls with over 4'of vertical exposed face) Not greater than one story with no basement;and Not greater than 1,000 GSF *All terms used in this table are defined in the Minnesota State Building Code (MSBC). Statutory Authority:MS s 326.06 History:32 SR 367 Published Electronically:July 7,2011 Copyright ©2011 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 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) Text from recent CUP’s reviewed by the Planning Commission and City Council Racin’ Repair – Jason Ryan – 14115 Ranch Rd. NW (2020) Planning Commission While this application is a Home Occupation in a residential zone, the use operates no differently than a commercial business in a commercial zone. The building code does not differentiate between a business operating with only one person (the owner) versus multiple employees working in the space. If a single-family-zoned parcel has a cabinet making home occupation, should it follow all building codes and regulations a commercial cabinet making business does in a commercial zone? The building code would state yes. City staff has struggled with how to interpret this regarding approved conditional home occupations. Does the structure need to be designed by a licensed architect, per ordinance, to ensure all building codes and regulations are met to protect employee(s) and customers; does it need to meet ADA compliance for access and restrooms; does it need a fire suppression system; how are hazardous/flammable materials stored and disposed of; or should Home Occupations be exempt from the building and fire codes? This criterion (#7) for approval of a CUP says: Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. Staff understands treating a Home Occupation like a “regular business” has additional financial and time encumbrances, but staff also understands other “regular businesses” need to endure these financial and time encumbrances to operate. As the City Council often approves the following condition on a CUP, “the building shall be inspected by the city’s Building Official and Fire Marshal to verify compliance with all building and fire codes…”, staff is seeking direction from the Planning Commission and City Council on how to fairly treat a home occupation. City Council Staff seeks Council direction on how to fairly treat home occupations versus commercial businesses, as well as what level of building/fire code enforcement city staff should apply to home occupations. The building code and city ordinance state a home occupation in a residential district needs to follow all the same building/fire codes and regulations a commercial business needs to in a commercial zone. 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… 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. This indicates all building permits, except for single family dwellings, need to have plans signed by a registered architect or register professional engineer. This then requires the building to meet all applicable building/fire codes and subsequent inspections and enforcement. Job Wimpfheimer, 13182 Ranch Rd. NW (2021) Planning Commission While this application is a Home Occupation in a residential zone, the use operates no differently than a commercial business in a commercial zone. The building code does not differentiate between a business operating with only one person (the owner) versus multiple employees working in the space. The building code and city ordinance state a home occupation in a residential district needs to follow all the same building, electrical, plumbing, and fire codes and regulations a commercial business needs to in a commercial zone. 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… 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. This indicates all building permits, except for single family dwellings, need to have plans signed by a registered architect or register professional engineer. This then requires the building to meet all applicable building, electrical, plumbing, and fire codes and subsequent inspections and enforcement. City Council The building shall be inspected by the city building official and fire marshal to verify compliance with commercial building, electrical, plumbing, and fire codes and identified violations must be addressed prior to issuance of new building permits for the property. Twin Town Demolition LLC/Nicholas Holm, 13385 207th Ave. NW (2021) Planning Commission The business will need to meet all commercial building codes for the occupancy (use) classification of the business. This may be office use, or something more intense, but those standards must be reviewed with the Building Official for compliance with all commercial building codes. City Council The property owner must work with the Building Official to demonstrate compliance with all applicable commercial building codes for the use classification within the detached accessory structure. Charity Dellwo of JC Styles Hair Salon – 329 Morton Ave. NW (2022) Planning Commission While this application is for a home occupation in a residential zone, the use operates no differently than a commercial business in a commercial zone. The building code does not differentiate between a business operating in a residential zone to one being run in a commercial zone. This indicates all building permits, except for single family dwellings, need to have plans signed by a registered architect or register professional engineer. This then requires the building to meet all applicable building, electrical, plumbing, and fire codes and subsequent inspections and enforcement. This is where chemical and ventilation concerns would be addressed (see standard #7 below). The applicant was encouraged to reach out to the building department regarding what building codes may be required. Again, while this application is a home occupation in a residential zone, the use operates no differently than a commercial business in a commercial zone. The building code does not differentiate between a business operating in a residential zone to one being run in a commercial zone. The building code and city ordinance state a home occupation in a residential district needs to follow all the same building, electrical, plumbing, and fire codes and regulations a commercial business needs to in a commercial zone. 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… 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. This indicates all building permits, except for single family dwellings, need to have plans signed by a registered architect or register professional engineer. This then requires the building to meet all applicable building, electrical, plumbing, and fire codes and subsequent inspections and enforcement. City Council As this proposed business shows, the need for proper ventilation for staff, customers, and neighbors is essential and why the city must require home occupations to have an architect design the facility and to follow all the same building, electrical, plumbing, and fire codes and regulations of a commercial business. The building shall be inspected by the city building official and fire marshal to verify visible compliance with commercial building, electrical, plumbing, and fire codes and identified visible violations must be addressed prior to issuance of new building permits for the property. Josh Clark – 21144 Twin Lakes Rd. NW (2022) Planning Commission Again, any future need to use structures will require an amendment to the CUP so the building department can review it based on commercial state building codes. Eduard Yukimchuck for E & Y Auto Parts – 20266 Yale St. NW (2022) Planning Commission The building code and city ordinance state a home occupation in a residential district needs to follow all the same building, electrical, plumbing, and fire codes and regulations a commercial business needs to in a commercial zone. 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… 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. Stat. §326.02. This indicates all building permits, except for single family dwellings, need to have plans signed by a registered architect or register professional engineer. This then requires the building to meet all applicable commercial building, electrical, plumbing, and fire codes and subsequent inspections and enforcement. There will be significant design/construction requirements to provide area separation between the commercial use areas (garage and basement) from the residential use areas (remainder of the house). City Council Applicant withdrew their application. RequestforAction To ItemNumber PlanningCommission 8.2 AgendaSection MeetingDate Prepared by WorkSession February 28, 2023 ChrisLeeseberg, SeniorPlanner ItemDescription Reviewedby HomeOccupations ZackCarlton, Community Development Director Reviewedby MarkPistulka, BuildingOfficial ActionRequested Discussifthecity’shomeoccupation ordinanceandprovidestaffdirectionregardingpotentialchangesto the currentstandards. Background/Discussion Withthe approvalofafewhomeoccupation CUP’sinrecentyears, buildingcodeissues havesurfacedpertaining to commercialoperations beingrunout ofaresidential property. Thestatebuilding codedoes notdifferentiate betweenabusinessoperating onaresidentially zonedpropertyversus oneonacommercially zonedproperty. Withstateandcityregulations, a registered architectorengineer isrequiredtopreparedocuments forthebuilding ascommercial usesopentothepublic arerequired tomeet allapplicable commercial building, electrical, plumbing, mechanical, andfire codes. Itdoes notmatterifthehome occupation isanaccountant, autorepair, officeworker, hairsalon, photography studio, woodworking, etc. Section 30-83 (c)(1) states: Witheachapplication forabuilding permit, andwhen required bythebuilding official forenforcementofany provisionsofthisarticle, twosetsofplansandspecifications shallbesubmitted together withacertificateofsurvey ofthelot uponwhichthe proposed buildingorconstruction isto bedone. Section 30-83 (c)(2) states: Allplansandspecifications, except forsingle-family dwellings, orany otherbuildings exempted by MinnesotaStatute ortheMinnesota StateBuildingCode, shallbeprepared andsignedbyaregistered architectoraregistered professional engineer dulyqualifiedbyregistrationasrequiredbyMinn. Stats. § 326.02. Severalproperties thatrecently received CUP’snotedsignificant expensesarerequiredtomeetthebuildingcode requirements andchallenges infinding professionalstodothedesignworkasthejobsaretypicallytoo small. Residential houses, garages, andsheds/polebuildings aretypicallynotconstructed withcommercial uses/codes, andtheconversionto doso, ifpossible, canbeextremelyexpensive/difficult. Itemsincludingcommercially compliant ingress/egress, standardandADAaccessiblerestrooms, stairslopes, hazardous material storage/ ventilation/disposal, plumbing, and electricalarenottypicallyconsidered withconstruction ofa homeor accessory structure. Staffwould likefeedback regardingprohibition ofhome occupationsoperated fromattached ordetached accessory structures, puttingthefocusbackonoccupations, working outofthehome/house. Forclarification, TheElkRiverVision Awelcoming community withrevolutionary andspiritedresourcefulness, exceptional service, andcommunity engagementthatencourages andinspiresprosperity. Updated: January2023 allowinghome occupations tobeoperated fromaccessory structures, the citymust adhere totheordinance and statebuilding/electrical codesregardless ofhowexpensive, difficult, ortimeconsuming itmaybefor the homeowner. Staffreviewed 12neighboring communities and10ofthecommunitiesallowhomeoccupations tobeconducted onlyinthehome. PrincetonandRamsey allow themindetached accessory structures withPrinceton notallowing morethan 625squarefeet. Staffhasspoken withothercommunity inspectors andmanyofthem stated theydo notaddress theregistered architect or engineertopic. Additionally, underthe currentordinance, apersonnotresiding onthe propertycanapplyfor aCUPtooperatea home occupation. Theintenthadbeentoallow home occupationsonlyto beoperatedby theproperty owner whilelivingonpremise. Thiscanbeaccomplished byadding “occupations notconductedby anindividualwho resides onthe propertyand usestheresidence asaprimary address forlegalpurposes” in theprohibited activities section. FinancialImpact None Mission/Policy/Goal Supportthegrowthanddevelopment ofresidential andcommercial areas Ethical, efficient, andresponsible Attachments CityComparisons Sec. 30-801. Home occupations Section 30-83. Permits, inspectionsandfees; surcharge; plans andspecifications 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)