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HomeMy WebLinkAbout2010-001 Council Ordinances1St Reading: Feb 8, 2010 Publication: March 2, 2010 2nd Reading: Feb 22, 2010 Effective: Apr; 1 1. 2010 Council Member Gallup moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 01-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE IN REGARDS TO HOME OCCUPATIONS AND AMENDING ORDINANCE NO. 09-09 (FEE SCHEDULE) TO INCLUDE A FEE FOR AN ADMINISTRATIVE PERMIT FOR A HOME OCCUPATION LEVEL B. Section 1 Findings Section 2, Subdivision 1of the Zoning Ordinance requires consideration of possible adverse effects of a proposed zoning amendment and that the judgment of a proposed amendment to the Zoning Ordinance shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Home Occupations are currently allowed by the zoning ordinance, and the changes included in this ordinance are consistent with the current Comprehensive Plan or the draft 2030 Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. Home Occupations are currently allowed by the zoning ordinance, and the changes included in this ordinance will not cause compatibility issues with present or future land uses in the city. 3. The proposed use conforms with all performance standards contained herein. This ordinance establishes performance standards for the uses known as Home Occupations. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The Home Occupation sections of the zoning ordinance includes performance standards that will prevent this use from overburdening the City's service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The Home Occupation sections of the zoning ordinance will not have an effect on the City's street system. The Lino Lakes Planning & Zoning Board held a public hearing on the Zoning Ordinance amendment on October 14, 2009, and recommended approval. Section 2 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 3, Subdivisions 8 (Home Occupations) and 9 (Home Extended Businesses) of the Zoning Ordinance are hereby repealed and replaced with the following (added text in underline), and subsequent elements within the subdivisions shall be renumbered as appropriate: Subd. 8. Home Occupation Permits. A. Purpose. The purpose of this section is to provide a means by which home occupations can be conducted as an accessory use to a residential dwelling unit as a use that is clearly incidental and secondary to a residential use on the same premises, without leopardizinq the health, safety and general welfare of the surrounding neighborhood or the inhabitants of the home occupation site, and without leopardizinq the residential character of the neighborhood. B. Application. Subject to the non -conforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this section, with the exception of the following: Permitted agricultural/farm related uses in the R and R -X Districts (and when found to be in conformance with all other provisions of this Ordinance) need not meet the provisions of this subdivision. 2. The limited seasonal sale of products grown solely on the site by the residents of the homestead shall be exempt from the provisions of this subdivision. 3. Daycare when licensed by the state and/or county 4. Any other use listed as a Permitted, Conditional, or Interim use within the corresponding zoning district. 5. Any use allowed by an existing Conditional or Interim Use Permit. C. Procedure. 1. Home Occupation Level A does not require an application, review, or permit so long as the business complies with the general provisions listed in subsection F below, and the requirements of the Home Occupation Level A listed in subsection G below. 2. Home Occupation Level B requires the following procedure: a. Application for a Home Occupation Level B shall be filed by the property owner or designated agent on forms to be provided by the City, and shall be accompanied by: i. A non-refundable fee as established by City Council ordinance; and ii. Site and Building Plans as necessary to prove compliance with the general provisions of subsection F below, and the requirements of the Home Occupation Level B listed in subsection H below. b. The Zoning Administrator shall review the application and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in the Ordinance. The Zoning Administrator shall notify the applicant, in writing, of any incomplete application within fifteen (15) business days of the date of submission. 3. Home Occupation Level C requires obtaining a Conditional Use Permit. The procedure for a Conditional Use Permit is described in Section 2. Subdivision 2. D. Violations. After two (2) founded nuisances, or code violation complaints have been made and verified with written notices to the home occupation, a public hearing may be called to consider additional conditions, limitations, or revocation of the home occupation within sixty (60) days of the last complaint. Home Occupation Level C, which requires a Conditional Use Permit, shall be subject to the Revocation clause included in Section 2, Subdivision 2. E. Expiration. 1. Upon issuance, a Home Occupation Level B permit shall continue to be valid unless one or all of the following occur: a. The business owner relocates to another residential address; permits are not transferable to another person or property. b. The type of businesses occurring on the site changes significantly. c. If the permit is revoked by the City per section D above. 2. A Home Occupation Level C, approved as part of a Conditional Use Permit application, shall comply with Section 2, Subdivision 2 of the ordinance. F Requirements - General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. 1. General Provisions. a. The home occupation shall be operated by an occupant of the dwelling. b. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, and shall not change the residential character thereof. c. All home occupations must comply with all provisions of the City Nuisance Ordinance and shall result in no incompatibility or disturbance to the surrounding residential uses. d. No home occupation shall require internal or external alterations or involve construction features not customarily found in residential dwellings except where required to comply with local and state fire and police recommendations. e. The home occupation shall meet all applicable fire and building codes, and applicable permits must be obtained prior to any construction activities. f. No exterior evidence of the presence of the home occupation on the premises, except any siqnage allowed by the sign code and any vehicles allowed by Section 3.Subdivision 5.K g. Personal vehicles not exceeding a gross weight rating of eleven thousand seventy-five (11,075) pounds used in the home occupation may be parked on the site. h. Any vehicle with a gross weight rating in excess of eleven thousand seventy-five (11,075) pounds is subject to Section 3, Subdivision. 5.K of this Ordinance. i. The number of on-site parking spaces shall not be reduced to less than two. j. In no case shall the permitted home occupation cause to create the need for an additional driveway access to the property. k. When applicable, all state licensing requirements are satisfactorily met. I. The applicant shall demonstrate, in a manner found acceptable to the City Engineer that such use is within the capabilities of the property's sewage treatment system or the city's utility system. m. There shall be no use or outdoor storage of any toxic chemicals or hazardous materials of any type or in any amount not normally found in a residential structure. n. No motor vehicle repair, paint or body work; commercial preparation of food for service on the premise; business related to or involving explosives, ammunition or weapons; or ambulance or related emergency services shall be permitted as a Home Occupation. o. No retail of anything produced off-site. G. Requirements — Home Occupation Level A. All residential dwelling units are eligible for a Home Occupation Level A. In addition to the general provisions outlined in subsection F above, businesses must also comply with the following provisions specific to the Home Occupation Level A. 1. Requirements. a. Permitted home occupation shall be confined to the private dwelling unit, and shall not be conducted in any accessory structure on the premise, including an attached garage. b. No customers or employees who do not reside at the dwelling may be permitted on the property. c. If the home occupation will require a delivery service, such as UPS, no more than ten delivery/pickup trips per week shall be permitted. d. The home occupation may not occupy more than 10% of the structure. e. All off-street parking generated by the home occupation shall be confined to the driveway. H. Requirements — Home Occupation Level B. All residential dwelling units are eligible for a Home Occupation Level B. In addition to the general provisions outlined in subsection F above, businesses must also comply with the following provisions specific to the Home Occupation Level B. 1. Requirements. a. Permitted home occupation may be conducted in an accessory structure provided that the use can comply with life safety requirements. b. A limit of two customers or employees who do not reside at the dwelling may be permitted on the property at one time. c. Areas accessible to customers or employees shall comply with all applicable life safety codes. d. Vehicle trips generated by the business shall not exceed 20 in any twenty four hour period. e. If the home occupation will require a delivery service, such as UPS, no more than ten delivery/pickup trips per week shall be permitted. f. If the home occupation is to occupy more than 10% of the dwelling, additional building and fire code issues may need to be addressed. g. All off-street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway. h. Personal Service Businesses shall be limited to allow the servicing a single customer at a time. Between the hours of 7 PM and 7 AM no customers or employees who do not reside on the site may be at the site and no business operations occurring outside of the main dwelling are permitted. For the purpose of this section. an attached garage does not count as part of the main dwelling. Requirements — Home Occupation Level C. All properties developed with a dwelling, that are either over 1 acre in size; or zoned Rural, Rural Business Reserve, or Rural Executive; or front on an arterial roadway are eligible to apply for a Conditional Use Permit to allow a Home Occupation Level C. In addition to the general provisions outlined in subsection F above, businesses must also comply with the following provisions specific to the Home Occupation Level C. Requirements. a. Permitted home occupation may be conducted in an accessory structure provided that the use can comply with life safety requirements. b. A limit of five customers or employees who do not reside at the dwelling may be permitted on the property at one time. c. Areas accessible to customers or employees shall comply with all applicable life safety codes. d. Vehicle trips generated by the business shall not exceed 40 in any twenty four hour period. e. If the home occupation will require a delivery service, such as UPS, no more than fifteen delivery/pickup trips per week shall be permitted. f. If the home occupation is to occupy more than 10% of the dwelling, additional building and fire code issues may need to be addressed. g. All off-street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway. h. Personal Service Businesses shall be limited to allow the servicing of only two customers at a time. Between the hours of 9 PM and 7 AM no customers or employees who do not reside on the site may be at the site and no business operations occurring outside of the main dwelling are permitted. For the purpose of this section, an attached garage does not count as part of the main dwelling. Additional Limitations and/or Restrictions. 1. So as to maintain compatibility with the residential character of the neighborhood and to protect the health, safety and general welfare of the public, the City may impose additional limitations or requirements as it deems necessary. 2. The City may impose the posting of a security in order to insure compliance with any condition imposed. K. Inspection. The City of Lino Lakes hereby reserves the right, upon approval of any home occupation permit or Conditional Use Permit for a Home Occupation Level C, to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this section or any conditions additionally imposed. L. Penalty. Violation of the home occupation performance standards shall be subject to the enforcement and penalty provisions of Section 2, Subdivision 9 of this Ordinance. Section 3 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that the Zoning Ordinance is hereby amended as follows (deleted text in strikeout, added text in underline): Home Occupation Level A as regulated by Section 3, Subdivision 8 of this Ordinance. Within the `Accessory Uses' list in each of the following subsections: Zoning District Subsection R R-1 R -EC R-3 R -BR Section 5, Subdivision 1.F.4 Section 6, Subdivision 1.H.4 Section 6, Subdivision 3.1.4 Section 6, Subdivision 5.1.3 Section 9, Subdivision 2.H.4 Zoning District Subsection R -X R-1 X R-2 R-4 Section 5, Subdivision 2.F.4 Section 6, Subdivision 2.H.4 Section 6, Subdivision 4.H.4 Section 6, Subdivision 6.1.3 Section 4 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that the Zoning Ordinance is hereby amended by adding the following text (added text in underline): Home Occupation Level A as regulated by Section 3, Subdivision 8 of this Ordinance. As an `Accessory Use' in each of the following subsections: Zoning District Subsection Zoning District Subsection NB Section 7, Subdivision 1.G.8 LB Section 7, Subdivision 2.G.8 GB Section 7, Subdivision 3.G.9 Section 5 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that the Zoning Ordinance is hereby amended as follows (deleted text in strikeout, added text in underline): Home Occupation Level B as regulated by Section 3, Subdivision 8 of this Ordinance. Within the 'Uses by Administrative Permit' list in each of the following subsections: Zoning District Subsection R R-1 R -EC R-3 NB GB Section 5, Subdivision 1.H.2 Section 6, Subdivision 1.J.2 Section 6, Subdivision 3. K.2 Section 6, Subdivision 5.K.2 Section 7, Subdivision 1.1.2 Section 7, Subdivision 3.1.2 Zoning District Subsection R -X R -1X R-2 R-4 LB R -BR Section 5, Subdivision 2.H.2 Section 6, Subdivision 2.J.2 Section 6, Subdivision 4.J.2 Section 6, Subdivision 6.K.2 Section 7, Subdivision 2.1.2 Section 9, Subdivision 2.J.2 Section 6 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that the Zoning Ordinance is hereby amended by adding the following text (added text in underline): Home Occupation Level C as regulated by Section 3, Subdivision 8 of this Ordinance. As a `Conditional Use' allowed in each of the following subsections: Zoning District Subsection R R-1 R -EC R-3 R -BR Section 5, Subdivision 1.G.11 Section 6, Subdivision 1.1.5 Section 6, Subdivision 3.J.5 Section 6, Subdivision 5.J.5 Section 9, Subdivision 2.1.8 Zoning District Subsection R -X R -1X R-2 R-4 Section 5, Subdivision 2.G.8 Section 6, Subdivision 2.1.5 Section 6, Subdivision 4.1.5 Section 6, Subdivision 6.J.8 Section 7 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 9, Subdivision 2.K (Rural Business Reserve Interim Uses) of the Zoning Ordinance is hereby amended as follows (deleted text in strikeout, added text in underline), and subsequent elements within the subdivisions shall be renumbered as appropriate: 1. Home extended Businesses. Section 8 Amendment of Fee Schedule Approved The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain that the 2010 Fee Schedule (Ordinance No. 09-09) be amended to add a Home Occupation Permit Fee under the Land Use heading as follows: LAND USE ESCROW FEE DEPOSIT Administrative Permit -Home Occupation Level B $25 Section 9 Zoning Ordinance and City Code Stand As Amended As above amended, the Zoning Ordinance and Ordinance 09-09 shall stand as initially passed and previously amended. Section 10 In Effect According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. t. Julianne Bartell, C1td Clerk Jeff Reine , M.yo Adopted by the Lino Lakes City Council this 22nd day of February 2010. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member 0' Donnell and upon a vote being taken thereon, the following voted in favor thereof: Gallup, O'Donnell, Roeser, Rafferty, Reinert The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. STAFF ORIGINATOR: CC MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 6B Paul Bengtson February 22, 2010 i. Second Reading of Ordinance No. 01-10 Amending the Zoning Ordinance requirements for Home Occupations/Home Extended Businesses and amending the Fee Schedule to add a fee for a Home Occupation permit. ii. Resolution No. 10-17 Summarizing Ordinance No. 01-10 for Publication. With the development of the 2030 Comprehensive Plan Update, it is appropriate for the city to review its official controls. This is the first of many reviews of our official controls. At the direction of the Planning and Zoning Board and City Council, staff has brought forth draft language in regards to Home Occupations/Home Extended Businesses. HOME OCCUPATION ANALYSIS After a great deal of discussion at the staff level and with the Planning and Zoning Board, the language forwarded to the City Council as part of this ordinance creates a three tiered system to replace the existing two tier system. Each tier allows a higher level of business activity. The first tier allows only business activity inside the dwelling itself and no external customers or employees at the site. The second tier allows expansion into accessory structures and allows very limited external customers and/or employees. The third tier allows certain properties (Larger than one acre or zoned Rural or those that front onto a major roadway) to have a higher level of activity. Staff feels that the proposed ordinance actually grants greater opportunity to home owners, while still protecting the neighborhoods in which they reside. Since the last work session, staff has slightly amended the proposal to require a Conditional Use Permit for Level C and to add some maximum limits as to the number of employees/customers and vehicle trips. This means the City Council will be required to review all Level C requests, and as this proposed amendment requires, can place additional limitations on the use. The Ordinance Amendment attached also includes a Home Occupation Permit Fee for those residents who wish to pursue a Level B Home Occupation. The fee is proposed to be $25. PLANNING AND ZONING BOARD The Board held a Public Hearing for this item at each meeting between July and October. The Board ultimately recommended approval of the changes contained in Ordinance Number 01-10. with a vote of 4-2. RECOMMENDATION i. Staff is recommending that the City Council dispense with the full reading and approve the second reading of Ordinance Number 01-10. ii. Staff is recommending that the City Council dispense with the full reading and approve Resolution Number 10-17, summarizing Ordinance Number 01-10 for publication. ATTACHMENTS 1. Ordinance Number 01-10 2. Summary Resolution 10-17