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HomeMy WebLinkAbout2006.02.06 ORD 2006-401' ORDINANCE 2006-401 AN ORDINANCE AMENDING CHAPTER 320 (COMPRHENSIVE LAND USE REGULATION) SECTION 1195-330.1 HOME OCCUPATIONS Subd. 1 Purpose and Intent: The purpose of this ordinance is to maintain the character and integrity of residential areas, prevent unfair competition with commercial districts, encourage the existing entrepreneurial spirit in the City, and provide a means through the establishment of specific standards and procedures by which home occupations can be conducted without jeopardizing the health, safety, and general welfare of the surrounding neighborhood. The intent is to provide a mechanism enabling the distinction between those home occupations having minimal or no secondary impact, and those which have potential to adversely affect surrounding properties. Subd. 2 General Standards for all Home Occupations. Home occupations, which conform to al l of the following standards, may be permitted without obtaining a home occupation interim use permit: (A) Any home occupation shall be clearly incidental and secondary to the residential use of the premises and shall not change the residential character thereof. (B) The existence of the home occupation shall not be apparent beyond the boundaries of the site, except a nameplate, not to exceed two (2) square feet in size, identifying the business or service conducted on the premises, affixed directly to the building. (C) All home occupations shall be conducted entirely within the principal dwelling, except that up to fifty (50) percent of the total floor area of accessory structures (e.g., attached garages, detached garages, and other outbuildings) on a site may be used for the storage of equipment, trailers, or materials related to the home occupation, provided that no assembly, display, manufacturing, repair, or other business operations are conducted within an accessory structure. In no event shall the storage of materials related to a home occupation result in fewer parking spaces than required by the code. (D) The business or occupation shall not create any radio or television interference beyond the boundaries of the site. (E) The area set aside for home occupations shall not exceed twenty-five (25) percent of the total floor area of such residence. (F) No home occupation shall permit light, glare, noise, odor, smoke, dust, or vibration that will in any way have an objectionable effect upon adjacent or nearby property owners. (G) No home occupation shall generate customer or vehicle trips to the site earlier than 7:00 A.M. and later than 9:00 P.M. Monday through Saturday and earlier than 8:00 A.M. and later than 8:00 P.M. on Sunday. (H) No commodities shall be sold on the premises except incidental materials or agriculture products. (I) No home occupations shall generate on average more than eight (8) vehicle trips per day, including no more than one (1) delivery vehicle of a type that customarily serves a residential area. Vehicle trips related to the home occupation from customers and clients should generally be by appointment only. (J) There shall be no exterior storage of business equipment, merchandise, inventory, heavy equipment, or other materials and miscellaneous items used in the home occupation except for one personal automobile, truck, or van not exceeding twenty-five (25) feet in length or a gross vehicle weight rating of fifteen -thousand (9,200) pounds may be parked on the premises. (K) No alteration of the exterior of the dwelling or the accessory structure that changes the residential character of the premises shall be permitted, except where required to comply with local and state fire and police recommendations. (L) No more than one person, other than those who reside on the premises, shall engage in business activities on the premises. The business may employee others only if their work activities are performed off the premises. (M) On -street parking facilities shall not be utilized to accommodate parking demand. (N) No home occupation shall involve the use of hazardous materials or activities that require a Hazardous Waste Generator's License. Subd. 3 The following uses, subject to the above performance standards, are examples of home occupations that may be permitted without a home occupation interim use permit: home office facilities, music and art studios, tutoring services with no more than two (2) pupils per session, dressmaking and tailoring, and home craft production such as rug weaving and model making. Subd. 4 Home Occupation Interim Use Permits. Home occupations which do not conform to the above standards may be conducted by a home occupation interim use permit. The information required and the procedure to be followed for all home occupation interim use permit applications shall be the same as that required for a conditional use permit set forth in Section 1015-080.1 Subd. 1-2. In addition, the applicant may be required to submit supplementary information pertaining to the nature of the home occupation, the equipment used, days and hours that the home occupation will be conducted, and a plan showing the portion of the dwelling or site to be used for the home occupation. Subd. 5 Criteria for Approval of a Home Occupation Interim Use Permit. An application for a home occupation interim use permit may only be granted upon a finding that all the following criteria have been met: (A) The applicant owns the property and resides at the principle residential address associated with the home occupation unless the Council determines that unique conditions or circumstances warrant special arrangements. (B) The proposed home occupation is allowed as an accessory use in the respective zoning district and conforms to the zoning ordinance. (C) The proposed home occupation is in keeping with the spirit and intent of the zoning ordinance. (D) The proposed home occupation is compatible with the present character of the surrounding area. 2 (E) The proposed home occupation shall have a set date in which the permit shall be reviewed and extended through the renewal process or terminated. (F) The home occupation will not impose additional unreasonable costs on the public. (G) The proposed home occupation shall be subject to, by agreement with the property owner, any conditions that the City Council deems appropriate for permission of the use. Subd. 6 Conditions of Approval. In permitting a new home occupation interim use permit or amending an existing home occupation interim use permit, the Planning Commission may recommend and the City Council may impose, additional conditions and requirements to protect the health, safety, and welfare of the surrounding area and the community at whole, mitigate unfavorable consequences of activities resulting form issuing the permit, enforce laws and regulations, and insure compliance with the conditions of the permit. These conditions may include, but are not limited to, the following: (A) Limitations on period of use, occupancy, and operation. (B) Buffering and screening measures. (C) Renewal periods between one (1) to five (5) years. Subd. 7 Renewal of a Home Occupation Interim Use Permit. A home occupation interim use permit shall be issued for an initial period of up to two (2) years, after which the permit may be renewed for periods of up to five (5) years each. Notice of the permit renewal application must be provided to the property owners of record for properties located within three hundred (300) feet of the lot or parcel to which the home occupation interim use application applies and the property owners shall be allowed a period of ten (10) days in which to respond. Notice of the permit renewal application should also be provided to the Planning Commission and the City Council. If no parties wish to be heard at a public meeting to consider the application within ten (10) days of the notice the application can be approved administratively. A public hearing shall also be required if deemed necessary by the Community Development Director, or a majority of the Planning Commission or the City Council. If a public hearing is deemed necessary the Community Development Director shall schedule the item for consideration by the City Council and shall notify the surrounding property owners of the hearing date. The City Council shall renew an interim use permit if the following criteria are met: (A) The interim home occupation satisfies the performance standards for interim home occupations and the conditions of the home occupation interim use permit. (B) The interim home occupation has been operating without violation of City ordinances or significant impact on surrounding neighbors. (C) The interim home occupation is operating as the same type of business at the same scale and intensity as originally approved. If the home occupation has significantly changed, the applicant shall apply for a new home occupation interim use permit. Subd. 8 Transferring a Home Occupation Interim Use Permit. Home occupation interim use permits do not run with the land. The permit is not transferable from person-to-person, and shall expire if there is a change in ownership of the property, unless the following conditions are met: 3 (A) The new permit holder must own the property and reside at the principal residential dwelling address. In the event that the permit holder is not the owner of the property or the principal resident, the City Council may approve a transfer of the permit if unusual conditions warrant a transfer. (B) The transfer of the permit must be approved by the City and filed accordingly. Subd. 9 Transferred permits shall be renewed within two (2) years of the date that the permit transfer was recorded or by the original renewal date, whichever is sooner. If the permit expires, the current principal owner of the property may reapply for a home occupation interim use permit and shall follow the information submittal and procedural requirements outlined in this section Subd. 10 Urban Residential Home Occupations. A home occupation interim use permit may be granted for home occupations in the R-1, R-2, R-3, R-4, R-5, and CR -3 zoning districts that meet all the requirements of Subd. 2 of this section except items I, L, or M, provided that; the home occupations conform to the following standards: (A) Interim home occupation may employee more than one nonresident if the applicant can satisfactorily prove unusual or unique conditions or need for additional nonresident assistance and that this exception would not compromise the intent of this ordinance. (B) Interim home occupations may be allowed to accommodate their parking demand through utilization of on -street parking. In such cases where on -street parking facilities are necessary, the City Council reserves the right to establish the maximum number of on -street parking spaces permitted. (C) Interim home occupations that generate more than eight (8) vehicle trips on average per day or are served by delivery vehicles, which do not customarily service residential areas, may be allowed by the Council on a case-by-case basis. Subd. 11 The following uses, subject to the performance standards of this subdivision, are examples of home occupations that are permitted with a home occupation interim use permit: Barber or beauty shops with a single chair, tutoring services with no more than six (6) pupils per session, domestic animal grooming, and photography studios. Subd. 12 The following uses by the nature of the investment or operation are not compatible with the use and value of a residentially -zoned area for residential purposes or have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home occupations. Therefore, the uses specified below are prohibited home occupations in the R-1, R-2, R-3, R-4, R-5, and CR -3 zoning districts: Minor or major vehicle and engine repair and painting of vehicles, woodworking and cabinet making, medical or dental clinics, welding or machine shops, massage or tattoo parlors, animal hospitals, rental businesses, restaurants, and contractor's yards where construction materials and supplies commonly used by building, excavation, roadway construction, landscaping, and similar contractors are stored or serviced. Subd. 13 Rural Residential Home Occupations. A home occupation interim use permit may be granted for home occupations within the LA, AG, and RR zoning districts, or within any urban residential district on property greater than 10 -acres in size. The interim use permit must meet all the requirements of Subd. 2 of this section except items C, G, I, J, L, or M, provided that; the home occupations conform to the standards for home occupation interim use permits in any other districts and the following standards: F1 . • 01 ' (A) A home occupation may be conducted in an accessory building provided that the home occupation is contained entirely within one building. (B) Exterior storage of materials, equipment, and vehicles used for the home occupation may be allowed provided that the storage area is adequately screened from the view of adjacent property owners and public rights-of-way, using fencing, landscaping, berms, or other methods approved by the City, except that one vehicle may be parked on the driveway of the residence without being screened. In no case shall the exterior storage area, on parcels of land less than ten (10) acres, exceed half the size of the largest accessory building on the property. Up to five - hundred (500) square feet of exterior storage area may be allowed per acre of property on parcels of land exceeding ten (10) acres. Subd. 14 The City recognizes that certain home occupations in the rural area of the City are less likely to negatively impact adjacent property owners and the character of the neighborhood than in the urban residential areas of the City. Therefore, the following uses that are prohibited in all other residential districts as home occupations may be permitted with a home occupation interim use permit in the LA, AG, and RR districts, provided that the home occupations meet the above standards: Minor or major vehicle and engine repair or painting of vehicles, welding or machine shops, woodworking and cabinet making, and contractor's yards where construction materials and supplies commonly used by building, excavation, roadway construction, landscaping, and similar contractors are stored or serviced. All other home occupation uses that are prohibited in the urban residential districts shall be prohibited in the LA, AG, and RR districts ADOPTED BY THE HUGO CITY COUNCIL ON FEBRUARY 6, 2006. Fr iron, Mayor ATTEST: Mary ACreager, City C r 5 PRINTER'S AFFIDAVIT OF PUBLICATION • CITY OF HUGO AN ORDINANCEEGULATIONS) CHAPTER ND USE SECTION 0 N 195-3 -1 HOME OCCUPATIONS R LVIT OF PUBLICATION SUMMARY OF THE ORDINANCE: 1. Subd 1 defines the purpose of this ordinance allowing for the operation of home occ• ns that do not adversely impact surrounding properties. d 2 outlines the general standards for home occupations. Home Occupations 1F MINNESOTA) mt secondary to the residential use, are limited to a sign no larger than 2 square than one fourth of the area of the principle dwelling f Ramsey) feet, must be located within no more or no more than one half the area of an accessory building. In addition, they may not create objectionable impacts on nearby properties, generate more than eight vehicle trips per day with the trips only occurring between the hours of 7:00 A.M. and 9:00 P.M., ►lisher, or the publisher's designated agent, being duly sworn on p s g ag g y Monday through Saturday, and between 8:00 A.M. and 8:00 P.M. on Sunday with no mole than one delivery vehicle per day. No commodities except agricultural products that I am the publisher, or the publisher's designated agent and an P P g g may be sold on the premises, and outdoor storage of materials is prohibited. No more than one vehicle may be parked on site, not exceeding 25 feet or 9,200 pounds. of the newspaper known as The White Bear Press, and that I have full Exterior alterations changing the character of the dwelling are prohibited. Home occu- pations are limited to one employee other than those living on site; on -street parking is : of the facts which are stated below: prohibited, as are occupations than produce hazardous materials. 3. Subd 3 outlines examples of occupations that are allowed by Subd 2. issue Interim Use Permit for occupations not meet- leWS a er has complied with all of the requirements constituting P P P q g 4. Subd 4 allows the City to an ing the requirements outlined in Subd 2. 5. Sudb 5 outlines criteria for approval of an Interim Use Permit, including require- �n as a qualified newspaper,as rovided b Minnesota Statute qP Y for ownership of the land, compatibility of the occupation with surrounding area ments p , that will not be imposed 331A.07 and other applicable laws, and amended. er compliance with ordinance standards, and demonstration costs on the public. In addition, this section allows the City terminate the use by a set.date or printed CITY OF HUGO event. p pp 6. Subd 6 allows the City to add conditions as art of the royal. E AMENDING CHAPTER 320—HOME OCCUPATIONS 7. Subd 7 outlines how interim use permits may be renewed. Upon proper notice being sent to surrounding property owners, the permit can be approved administrative- ly, a hearing can be held where the City Council can act on the said newspaper, or alternatively, public renewal application.ked 8. Subd. 8 allows an Interim Use Permit to be transferred to another individual if once each week, for successive weeks; it was first approved by the City.on 9. Subd 9 requires any transferred permit to be renewed with 2 years. WEDNESDAY the 1 day of 10.Subd 10 allows for the issuance of an Interim Use Permit within Urban Districts for occupations not meeting the requirements of Subd 2 CH 20 06 and was thereafter printed and published on every Residential 11. Subd 11 outlines examples of occupations allowed by Subd 10. 12. Subd 12 outlines examples of occupations that are not allowed by Subd. 10. to and including the 13. Subd 13 allows for the issuance of an Interim Use Permit within Rural Residential Districts for occupations not meeting the requirements of Subd 2. a y Of , 20 -;and printed below is a copy of the 14. Subd 14 outlines examples of occupations that are allowed by Subd 13. Please note this title and summary of this Ordinance clearly informs the public of alphabet from A t0 Z p both inclusive, which is hereby acknowledged the ' ' t and affect of the Ordinance and conforms to Minn. Stat. § 412.191. This o e Shall be in effect from and after its publication. 1e size and kind of type used in the composition and publication of ed and adopted by the City Council of the City of Hugo this 21 day of February, 2006. ._n Miron, Mayor Attest: Mary Ann Creager, City Clerk — ----- NOTICE: This Published opgrstuvwxyz oat.� �Wi material is only a summary of an ordiance of the code ofBY: ordinances for the City of Hugo. The full text of the ordinanceis available for p ublic inspection at the Hugo City Hall during regular business hours. Published in the White Bear Press March 1, 2006. TITLE: Publisher Subscribed and sworn to before me on this 11, day of MARCH 20 06 . RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space. (2) Maximum rate allowed by law for the above matter. (3) Rate actually charged for the above matter. Margaret Ann Tennessen NOTARY PUBLIC • MINNESOTA MY COMMISSION EXPIRES JAN. 31, 2011 (Line, word or inch rate) (Line, word or inch rate) $ 7.75/INCH (Line, word or inch rate) Minn.