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Item No: 08A Meeting Date: March 22, 2021 Type of Business: Council Business City Administrator Review: City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jon Sevald, Community Development Director Item Title/Subject: First Reading and Introduction, Ordinance 975, amending the Municipal Code, Chapter 1100 relating to Home Occupations Introduction: During the Planning Commission's March 3rd meeting, the Commission discussed amending the Zoning Code to clarify the allowance of Home Occupations to operate in Accessory Buildings. In attendance was Kurtis Barbeau, 8375 Sunnyside Road, who wishes to construct an accessory building to grow vegetables commercially. The Zoning Code specifically prohibits commercial greenhouses in the R-1 district. Discussion: Home Occupations is the use of a home for a business. The intent is that the property is primarily used as a residence, and its use by the business is secondary. A person standing in front of the house, should not be able to tell that there is a business there. The current Ordinance is not clear regarding the use of Accessory Buildings (e.g. garage) as a Home Occupation. The proposed amendment provides clarity, in addition to fixing a couple of other items; 1. Deletes the prohibition of non-commercial greenhouses in Residential districts. 2. Allows up to two roomers or boarders in Residential districts, to be consistent with Chapter 1012 of the City Code (e.g. Rental License regulations),I Staff informally inquired with neighboring city planners as to their regulations of Home Occupations; Arden Hills: Prohibited in Accessory Buildings. CUP if within home. Little Canada: Prohibited in Accessory Buildings. Shoreview: Prohibited in Accessory Buildings. Vadnais Heights: Permitted in Accessory Buildings, 7:00 AM — 7:00 PM. By limiting Home Occupations to the home (primary building), the intent is that it would limit the type of business activity inside the home, whereas if conducted in the garage (accessory building), there is a higher probability for nuisance factors. For example, it is less likely that a resident would perform engine repair on the dining room table, but more probable that if allowed in the garage, the primary use of the garage could be auto repair. With more space available, there is more potential to create a nuisance. By clearly allowing Home Occupations to be conducted in accessory buildings, it provides clarity to Staff when conducting enforcement. In practice, entrepreneurs are going to use whatever space is available to them, whether or not it is compliant with the City Code. It is Staff's practice to address the nuisance factor (e.g. noise), not its cause (e.g. noise from a business use vs. Mounds View Municipal Code, Section 1012.02, Subd 4 (Definitions); Dwelling Unit: Residential accommodation in any building or portion thereof including complete kitchen facilities, permanently installed, that contains living facilities, provisions for sleeping, eating, cooking, and sanitation, for not more than one (1) family and not more than an aggregate of two (2) roomers or boarders. (Added, Ord. 802, 2-25-08)