Loading...
4.2. Handout: Section 30-801 FINAL AMENDED v1 Accessory Structures Sec. 30-801. Home Residential occupations. (a) Purpose. The purpose of this section is to provide a means, through the establishment of specific standards and procedures, by which occupations can be conducted in residential homesneighborhoods, without jeopardizing the residential character or health, safety, and general welfare of the surrounding neighborhood as well as the users of the property. In addition, this section is intended to provide a mechanism enabling a distinction between permitted homeresidential occupations and interim homeresidential occupations, so that permitted homeresidential occupations may be allowed through an administrative process rather than a quasi-judicial hearing process. It is also intended to outline when professional design services, such as an architect, are required. (b) Prohibited activities. No homeresidential occupations (Permitted or Interim) shall: (1) Be conducted by an individual who does not reside on the property and uses the residence as a primary address for legal purposes. a. Exception. An occupation for a lessee, or equivalent, residing on the property may be allowed with approval of an Interim Use Permit. The permit shall be valid for a maximum of three years or until the lessee no longer resides on the parcel, whichever comes first. (2) Operate between the hours of 7:00 p.m. and 7:00 a.m. Monday through Saturday and all day on Sunday. (2)(3) Reduce the area of an accessory structure, for garage purposes, less than 440 square feet. (3)(4) 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. (4)(5) Involve any of the following: a. Ammunition manufacturing. b. Body shops. c. Escort businesses. d. Flea markets. e. Gun repair and/or sales. f. Hazardous materials or activities, as defined by the Minnesota State Building Code. g. Machine shops. h. Motor vehicle repairs. i. Motor vehicle sales. j. Outdoor storage. (not including employee personal vehicle parking) k. Repair of internal combustion engines. l. Sexually oriented land uses. m. Wholesale or retail business, unless conducted entirely by courier, mail, or email. n. Welding. o. Other objectionable uses as determined by the city council. (5)(6) Signage greater than four (4) square feet. (6)(7) Adversely affect governmental facilities and services, including roads, sanitary sewers, water, storm drainage, garbage service, police and fire service, sensitive environmental features, including lakes, surface water and underground water supply and quality, wetlands, slopes, floodplains, and soils, or other. (c) Permitted homeresidential occupations. Permitted HomeResidential occupations (occupation) shall be allowed subject to the conditions of this section, other applicable city ordinances and state laws and statutes. 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) 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. (2) Use equipment which is not normally found in a home (such as, but not limited to, stationary power tools and salon seats), except that equipment which is typically in an office may be used. (3) The occupation shall not require internal or external construction features not customarily found in single-family residential dwellings. (4) A maximum of one full-time employee, or equivalent, other than those persons who customarily reside on the premises shall be employed. (5) Occupations involving teaching shall not exceed two pupils at a time. (6) Occupations shall not be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight. (7) Occupations shall not create a parking demand more than that which can be accommodated in an existing driveway or approved surface area, where no vehicle is parked closer than 15 feet to the curb line or edge of the paved surface nor is parked within any right-of-way. (8) On-site sales shall be limited to those clearly incidental to the services provided. (d) Interim homeresidential occupations. HomeResidential occupations that do not involve prohibited activities but exceed the permitted residential occupation criteria may be allowed with approval of a Interim Use Permit by the city council pursuant to the provisions of subdivision III of division 2 of this article. The intent of the Interim Use Permit is to evaluate, after a set amount of time, the impact a permitted homeresidential occupation is having on the neighborhood or the city. An approved Interim Use Permit shall be valid for a maximum of three years or until the property is sold, whichever comes first. To maintain a homeresidential occupation after the termination period, a new Interim Use Permit must be applied for. This application must be received at least 120 days prior to the termination date on the existing Interim Use Permit. (e) Inspections. The city may at any reasonable time inspect the residential occupation to determine if the applicant is strictly adhering to the criteria for a permitted residential occupation or the conditions placed on a conditional residential occupation. (f) Revocation or expiration of an conditional interim use permit for homeresidential occupations. (1) Expirations of interim conditional homeresidential occupations shall be as set forth in section 30-656. (2) Revocation of conditional interim use permits for homeresidential occupations shall be as set forth in section 30-659. (g) Professional Design Services. Professional design fields, such as but not limited to an architect, outlined in State Statute 326.03 Subdivision 1, shall be required for any residential occupation occurring within an accessory structure (attached or detached). (1) Exceptions are outlined in State Statute 326.03 Subdivision 2 and Revisor of Statutes 1800.5900 Classes of Buildings. (g) Preexisting businesses. The city recognizes that existing home businesses may have been in operation, without approval, prior to DATE OF ADOPTION and therefore may allow their continuation, if they show proof, they have been a valid business in the State of Minnesota prior to DATE OF ADOPTION, do not involve prohibited activities, and receive an Interim Use Permit. (h) The property owner is responsible for the operations of the homeresidential occupation and any liability related thereto.