8.1 SR 10-02-2023
Request for Action
To Item Number
Mayor and City Council 8.1
Agenda Section Meeting Date Prepared by
General Business October 2, 2023 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Ordinance: Moratorium on Home Occupation Zack Carlton, Community Development Director
Applications
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, an interim ordinance (moratorium) on the issuance of Permitted or Conditional Use Permitted
Home Occupations.
Background/Discussion
In February of 2023, the city held multiple work sessions regarding businesses operating out of residential homes
and attached/detached accessory structures, as well as when there is the need for professional design services.
During this process, it was realized that the ordinance cross references home occupations inconsistently, and will
need to be consistent with one another before any new home occupation permits are applied for.
To provide staff the necessary time to review other sections of the ordinance cross referencing home
occupations, staff recommends a moratorium temporarily prohibiting the approval of Permitted or Conditional
Use Permitted Home Occupations. The moratorium will provide the opportunity to review the inconsistency
pertaining to approving home occupations.
The anticipated schedule is to have the Planning Commission review the various ordinance sections on October
24, 2023, and the City Council review on November 20, 2023.
Financial Impact
None
Mission/Policy/Goal
Maintain livable neighborhoods
Protect the appearance of the neighborhood
Protect residents’ investment in their residential properties
Attachments
Moratorium Ordinance
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
Strikethroughs to be removed
Underlines to be added
Ordinance 23 - ____
An Ordinance Establishing an Interim Ordinance (Moratorium) on the issuance of
Permitted or Conditional Use Permitted Home Occupation Permits until January
26, 2024.
WHEREAS, State Statutes, Section 462.355, Subd. 4 authorizes a city to enact an interim
ordinance for the purpose of considering the adoption or amendment of official controls as defined
in chapter 462; and
WHEREAS, city ordinances outline the standards that all home occupations must adhere to and
the process for reviewing and approving home occupations; and
WHEREAS, after receiving concerns and comments from the public regarding existing and
proposed conditional home occupations the city initiated efforts to amend the home occupation
ordinance; and
WHEREAS, the ordinance amendment will require an extensive review of the ordinance, adding
additional time to the adoption of the ordinance; and
WHEREAS, the City Council has determined that the ordinance amendment is critical to
preserving the residential characteristics of the city and that the city should not review new home
occupations until the ordinance has been adopted.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Elk River does
hereby ordain as follows:
1. A Moratorium is hereby established, prohibiting the issuance of Permitted or Conditional
Home Occupation Permits.
2. The City Council directs the Planning Department and the Planning Commission to
complete their analysis of the ordinances relating to home occupations and develop a
recommendation for the City Council to consider.
3. The moratorium will expire upon publication of the new ordinance, or January 26, 2024,
whichever occurs first.
Passed and adopted by the City Council of the City of Elk River this 2nd day of October 2023.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk