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HomeMy WebLinkAbout1993-023 Council OrdinancesCouncil Member Kuether introduced the following Ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 93 -23 AN ORDINANCE ADDRESSING HOME EXTENDED BUSINESSES IN THE R -BR RURAL -BUSINESS RESERVE ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF LINO LAKES HEREBY ORDAINS AS FOLLOWS: Section 1. Section 3, Subdivision 2 of the City Zoning Ordinance should be amended to include the following definition: Home Extended Business. A business conducted as part of a residential use which is beyond the limits and scope of activities for home occupations as defined by this subdivision. Section 2. Section 4 of the City Zoning Ordinance should be amended to include the following subdivision. Subd. 37. Home Extended Businesses (1) PROHIBITION: Following the enactment of this Ordinance, except in the R -BR Zoning District, no new home extended businesses shall be created or established and no existing home extended business shall be expanded or enlarged. (2) PERMITTED HOME EXTENDED BUSINESSES: (A) Home Extended Business may be allowed within the R -BR, Rural Business Reserve Zoning District upon approval of an interim use permit. (B) Qualifying Property: (i) Site must meet R -BR lot size and setback performance standards. (ii) There is only one (1) residential dwelling located on the farmstead and no other neighboring residence is located within five hundred (500) feet of the buildings in which the home extended business is conducted. (C) Minimum Conditions: (i) Business must be located on the homestead of the business operator. 1 (ii) Up to two (2) employees other than the immediate family occupying the residence on the farmstead may be employed as a part of the home extended business. (iii) There is no outside storage or sales of supplies, equipment, or maintenance items associated with the home extended business. (iv) All activities associated with the home extended business are operated within buildings which have been approved for such use as part of the interim use permit. (v) The home extended business shall be conducted only in buildings existing or constructed as part of traditional farming activities prior to November 1, 1993. (vi) Any buildings used as part of the home extended business shall be brought into full compliance with all Uniform Building Code provisions which are applicable for the proposed use. (vii) All effluent consisting of any liquid, gaseous, or solid waste substance resulting from any process of manufacturing (i.e., sewage or industrial waste) shall not be discharged into the soil, water, or air unless it is at a location determined appropriate by the City. (viii) A contract shall be required between a refuse hauler and the owner for disposal of all waste including, but not limited to, garbage, decayed wood, saw dust, shavings, bark, lime, sand, ashes, oil, tar, chemicals, offal, and all other substances not sewage or industrial waste which may pollute or tend to pollute the waters of the State. The contract shall be provided to the City prior to issuance of the interim use permit and shall state the destination of the waste and shall be renewed annually on or before January 1st of every year. The City shall be provided with documentation of the contract recorded. (ix) Working hours shall be set by the City. (x) The use is in full compliance with all applicable performance standards as specified by this Ordinance. (xi) There shall be no public display of retail sales items related to the home extended business occurring on the site. (xii) There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception of directional and 2 identification/business signs to the extent authorized by the provisions of the City's Sign Ordinance No. 9-84. (xiii) The provisions of Section 5, Subd. 5 of this Ordinance are considered and determined to be satisfied. (D) Additional Limitations and/or Restrictions (i) So as to maintain compatibility and protect the health, safety and general welfare of the public, the City Council may impose additional limitations or requirements as it deems necessary. (ii) The City Council may impose the posting of a security in order to insure compliance with any condition imposed. (E) Reconsideration of Permit: After two (2) founded nuisances, or code or permit violation complaints have been made and verified with written notices to the holder of the interim use permit, a public hearing may be called to reconsider the interim use permit within sixty (60) days of the date of the last complaint. (F) The limited seasonal sale of products grown solely on the site by the residents of the farmstead shall be exempt from the provisions of this subdivision. Section 3. Section 6, Subdivision 21 of the City Zoning Ordinance should be amended to add the following: Subd. 21. (10) Interim Uses. The following are interim uses in the "R -BR" District (require an interim use permit based upon the procedures set forth in and regulated by Section 4, Subd. 387 of this Ordinance) and certificate of occupancy as provided by Section 5, Subd. 6 of this Ordinance. (A) Home Extended Businesses as regulated by Section 4, Subd. 37 of this Ordinance. Section 4. This Ordinance shall become effective immediately upon its passage and publication. Adopted by the Lino Lakes City Council this 24th day of January , 1994. ATTEST: B �l C`h. (7LL/-\ By: Marl CITY OF LINO LAKES BY: yn . Anderson, City Clerk 3 -� Vernon F. Reinert, Mayor The motion for the adoption of the foregoing Ordinance was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof, Bergerson, Elliott, Kuether, Neal, Reinert The following voted against same: None Whereupon said Ordinance was declared duly passed and adopted. 4