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7.13. SR 03-20-1995~~r ~~ ~ ~ ity of ~~ lk • River To: FROM: DATE: ~. ~ ~-~3. MEMORANDUM MAYOR AND CITY COUNCIL TROY LANGER, PLANNING INTERN MARCH 20, 1995 SUBJECT: REQUEST TO AMEND VARIOUS SECTIONS OF THE HOME OCCUPATION ORDINANCE (SECTION 900.25), PUBLIC HEARING CASE NO. OA 95-1. REQUEST The City of Elk River is requesting to amend various sections of the home occupation ordinance (Section 900.25). w ATTACHMENTS n U Copy of the proposed amendments. INTRODUCTION ~~.* Various sections of the home occupation ordinance are being proposed for amendments to allow an enhanced understanding and more precise meaning to the requirements of the ordinance. The amendments were suggested during a workshop by planning commissioners. A brief description that includes some of the proposed amendments are as follows: Section 2. E. Language was changed .from "other adult oriented businesses" to "sexually oriented land uses" and language regarding "gun repair and/or sales" was added. Section 3. Language referring to the "Zoning Administrator or his agent" was changed to the "City" and language regarding the resolution was changed to read more clearly. • Section 5. Language regarding an inspection by the City every three (3) years was eliminated. 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612j 441-7425 Home Occupation (Section 900.25) Page 2 March 20, 1995 -------------------- • PLANNING COMMISSION The Planning Commission reviewed this request on February 28, 1995. During that meeting the planning commission recommended approval of the proposed amendments. There was some discussion that involved allowing a home occupation to be conducted in multiple dwelling units. However, this issue was not included in the motion. RECOMMENDATION It is recommended to approve the proposed amendments outlined in the attached ordinance. • • s:/planning/troy/pc-homoc.doc • CITY OF ELK RIVER HOME OCCUPATION ORDINANCE SECTION 900.2 5 ELK RIVER, MN FEBRUARY, 1995 • 900.25 - HOME OCCUPATIONS 1. Purpose. The purpose of this subsection is tc r==-==„} t3nfai r eom~w-; ~; ~„ ~ *-'~ '^~•^;-~ '~ ^~~~ ~}^ „' to provide a means •r -------- ••---- -------~~ ._-------- ---- through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the residential character or health, safety and general welfare of the surrounding neighborhood. In addition, this subsection is intended to provide a mechanism enabling the distinction between permitted home occupations and conditional or customarily "more sensitive" home occupations, so that permitted home occupations may be allowed through an administrative process rather than a Quasi-Judicial hearing process. 2. Prohibited Activities. No home occupations (permitted or conditional) shall: A. 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. B. Adversely impact governmental facilities and services, including roads, sanitary sewer, water, storm drainage, garbage service, police and fire. C. Adversely affect sensitive environmental features including lakes, surface and underground water supply and quality, wetlands, slopes, flood plains and soils, or other factors as found relevant by the City. D. Involve the use of hazardous materials or activities. E. Involve any of the following: body shops, machine shops, welding, ammunition manufacturing, flea markets, motor vehicle repairs or sale, ~ escort business or a-Y sexually oriented Land uses ~ =e= ^~~~' } ^poa 3a~s=r~essss~ as defined by this ordinance, ,,gun repair and/or sales, or other objectionable uses as determined by the City Council. 3. Permitted Home Occupations. Permitted home occupations- nermits shall be issued subject to the conditions of this Section, other applicable City Ordinances and State Law. A • permit for a permitted home occupation may be issued by the ~e~}~~ ~~m~~}s~~a~e~ e~' ~~ ~~~-~'- C~tv based upon proof of 9.100 • compliance with the provisions of this Subsection. Application for the permitted home occupation permit shall be accompanied by a fee as adopted by ~-~e-a resolution from the City Council ~- ^~~•~; from time to time. If the Ta-.,:r ~}~~`~~ Citx, denies a permitted home occupation permit to an applicant, the applicant may appeal the decision pursuant to the provisions of_',c-~i~n ~8-9~~. the Section of the ordinance related to the Board of Adjustments.- Permitted home occupations are subject to the following criteria: A. The occupation shall be carried on entirely within the dwelling unit or attached garage except that light construction contractors may use detached accessory structures which would normally be allowed under the provisions of this ordinance for storage. If the home occupations is carried on in the garage, the minimum amount of required garage space shall be maintained. ~-~e- B. There shall be no exterior evidence of the home occupation such as displays, exterior storage of business equipment, materials, merchandise, inventory or heavy equipment. . C. No permitted home occupation shall require internal or external construction features not customarily found in dwellings. D. A maximum of one (1) full-time employee, or equivalent,. other than those persons who customarily reside on the premises shall be employed. This provision shall not apply to dwellings where the permitted home occupation is a meeting place for employees and the work is done off-premise. E. Permitted home occupations involving teaching shall not exceed two (2) pupils at a time. F. Any sign or visible advertisements shall not exceed two (2) square feet in area and shall be mounted flat on the outside wall of the dwelling. G. No permitted home occupation shall be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight. H. No home occupation shall have outside employees and/or customers ~^^ ^^„'~~^~^ between the hours of 10:00 p.m. and 7:00 a.m. 9.101 I. Permitted home 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 fifteen (15) feet from the curb line or edge of paved surface. J. The operation of any wholesale or retail business, unless it is conducted entirely by mail, and does not involve the sale, shipment, or delivery of merchandise on the premise, is prohibited. On-site sales shall be limited to those clearly incidental to services provided in the dwelling. K. 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. 4. 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-S~c~re~-9-o~. ~ the Seciton of the ordinance related to the Board of Adjustments.. A. Therapeutic Massage and Sauna Establishments operated as home occupations shall be required to obtain a conditional use permit. 5. Inspection. 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. ^^*~;^r Y. ~ 1, r ' r- ~ L, ..,.,.. +- ' h -, l l f- o lr r. ,-~ l -. r, ti_-. t _ .-. ~ r vrie vare~ v m ee nvree~vUe ee~~c e'x vzx o x x x 6. Revocations. Permitted and conditional home occupations permits shall remain in effect until: A. Such time as there has been a change in conditions of the operation or until such time as the provisions of this Section have been breached. At such time as the City has reason to believe that either event has taken place, the owner of the home occupation may cease the operation or request a public hearing be held pursuant to the provisions of Section 900.42 to consider the matter. • 9.102 . B. If the proposed work described in a home occupation permit has not been substantially completed within two (2) years after its date of issuance, the permit shall expire and become void except that the Council may, following recommendation of the Planning Commission, extend the permit for an additional period determined by the Council on the receipt of a request for a permit extension prior to its expiration. C. For any reason, the authorized use ceases for more than one (1) year . • C J 9.103 Planning Commission Minutes February 2$, 1995 Page 11 • COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8. 'Ordinance '~stablishinq a Moratorium on Multi-Family 'Development' Public Hearing Case No. OA 95-2_ Staff report by Steve Ach. The Steering Committee requested the moratorium be .placed on multi-family development until the Committee has concluded its work in updating the Comprehensive Plan, and the City has adopted the appropriate official controls to implement the updated plan. Chair Kuester opened the public hearing. There -being no comments from the public, Chair Kuester closed the public hearing. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF AN ORDINANCE AMENDMENT ESTABLISHING A MORATORIUM ON MULTI-FAMILY .DEVELOPMENT, PUBLIC HEARING CASE NO. OA 95-02. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.9. ' Request for Extension of Conditional'Use F'errni# for Shoemaker CU 92-25 Staff report by Gary Schmitz. The applicant requests a two year extension to the conditional use permit he received on February 1, } 993, which would allow him to excavate a wetland area to create an open water pond in the Royal Oaks Subdivision. The applicant is having difficulty in finding an acceptable route to get the excavating material to County Road I3. Staff feels conditions have not changed to warrant denying the request for an extension. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY STEVE SHOEMAKER FOR A TWO (2) YEAR EXTENSION OF HIS CONDITIONAL USE PERMIT, CASE NO. CU 92-25, BASED ON THE FACT THE APPLICANT IS HAVING DIFFICULTY 1N FINDING A ROUTE TO REMOVE THE MATERIAL., WITH THE FOLLOWING CONDITIONS: 1, THAT THE ORIGINAL FOURTEEN CONDITIONS REQUIRED WITH THE EXISTING CONDITIONAL USE PERMIT BE INCLUDED WITH THE EXTENSION. 2. AN EXCAVATION/GRADING PERMIT WITH THE CITY OF ELK RIVER BE REQUIRED PRIOR TO ANY WORK BEING CONDUCTED IN THE WETLAND AREA. COMMISSIONER SULLIVAN-SLOCUM SECONDED THE MOTION. THE MOTION CARRIED 5-0. !5.10. ' Ordinance Amendment to Section 900.25 -Home Occupations Public Hearing Case No. OA 95-1 Staff report by Troy Langer. Proposed amendments as follows: Section 2. E. Language was changed from "other adult oriented businesses" to • "sexually oriented land uses" and language regarding "gun repair andlor sales" was added. • Planning Commission Minutes Page 12 February 28, 1995 Section 3. Language referring to the "Zoning Administrator or his agent" was changed to the "City" and language regarding the resolution was changed to read more clearly. Section 5. Language regarding an inspection by the City every three (3) years. was eliminated. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. Earl Hohlen, 39 Main Sfreet, stated that he saw no reason not to allow home occupations in mobile homes or apartments as long as there were no problems and the business did not cause additional traffic. Discussion followed regarding allowing home occupations in apartments and various other proposed changes in the ordinance amendment COMMISSIONER MlNTON MOVED TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENT TO SECTION 900.25 -HOME OCCUPATIONS, PUBLIC HEARING CASE NO. OA 95-1, AS SUBMITTED BY STAFF, WITH THE FOLLOWING CHANGES IN .THE DRAFT: SECTION 900.25 (1) -STRIKE THE WORDS "TO PREVENT UNFAIR COMPETITION WITH BUSINESS DISTRICTS AND" • SECTION 900,25 (2)(E) -STRIKE THE WORD "OR" BEFORE THE WORD "ESCORT", ANa THE WORD "OR" BEFORE THE WORDS "GUN REPAIR" SECTION 900.25 (3) -USE OF WORDS "BOARD OF ADJUSTMENTS" BE REVIEWED BY THE CITY ATTORNEY. SECTION 900.25(3)(A) -ELIMINATE THE WORDS ' AS GARAGE SPACE". SECTION 900.25 (3)(H) -ELIMINATE THE WORDS "BE CONDUCTED". SUBSTITUTE THE WORDS "HAVE OUTSIDE EMPLOYEES OR CUSTOMERS ENTER THE HOME". SECTION 900.25 (J) -USE CAPITAL "O" IN THE WORD "ON-SITE" SECTION 900.25 (3) -STRIKE THE WORD "BY" (END OF THIRD LINE, SECOND PAGE). SECTION 900.25 (3) -ADD LANGUAGE TO CLARIFY `SECTIONS OF THE ORDINANCE TITLED BOARD OF ADJUSTMENTS". COMMISSIONER SULLIVAN-SLOCUM SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Government Training Service Mee#inq Report by Steve Ach.