2012 Planning Commission Packets

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EXAMPLE LANGUAGE FOR A SPECIAL HOME OCCUPATION AND PERMIT SPECIAL HOME OCCUPATION: All massage therapists intending to provide massage services in a residential zoning district shall be required to apply for a "special home occupation permit' which shall be applied for, processed and reviewed in accordance with the provisions of Section 1125.01 Subd. 3 (Conditional Use) Purpose: The purpose of this Section is to provide a means through the establishment of specific standards and procedures by which special or customarily "more sensitive" home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. Subd. 1. Procedures and Permits. a. Declaration of Conditions. The Planning Commission and City Council may impose such conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this Section. b. Effect of Permit. A "special home occupation permit' may be issued for a period of one (1) year after which the permit may be reissued for periods of up to three (3) years each. Each application for permit renewal shall, however, be processed in accordance with the procedural requirements of the initial "special home occupation permit'. c. Transferability. Permits shall not run with the land and shall not be transferable. d. Lapse of Special Home Occupation Permit by Nonuse. Whenever within one (1) year after granting a permit the use as permitted by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the City Council for a decision. e. Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six (6) months from the date of its denial unless a decision to reconsider such matter is made by a majority vote of the City Council. f. Renewal of Permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. The previous granting of a permit shall not constitute a precedent or basis for the renewal of a permit.