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HomeMy WebLinkAbout2022-12-08 PC Meeting Packet Enclosure City of Oak Park Heights 14168 Oak Park Blvd. N•Oak Park Heights.MN 55082•Phone(651)439-4439•Fax(651)439-0574 11/30/22 MEMO TO: OPH Planning Commission FROM: Eric Johnson,City Administrator RE: Home Occupation—Day Care For some time, staff has issued DAY CARE NURSERY FACILITIES permits under a SPECIAL HOME OCCUPATION permit which requires a CONDITIONAL USE PERMIT. There are four known facilities in the City. Recently an application was submitted that was generally complete and the applicant sought to commence their services immediately and was not aware that such process would require a CUP process—or about 60 days +/-. In reviewing those related ordinances, it was discovered that there are some confusing, elements towards a clean reading and required rules and process. For example: • Under City Ord. 401.22 Day Care Facilities are a"Permitted"use, but are required to secure a Conditional Use under a SPECIAL HOME OCCUPATION USE—see 401.15 M. 3. C • 401.15 N.1 outlines that it shall be "..processed as a home occupation". Thus not requiring a Conditional Use Permit process. In light of this, Staff would offer some possible changes to consider, they key aspect being that a Day Care Nursery Facility would be a permitted HOME OCCUPATION not requiring a Conditional Use Permit(or such process), but is limited to the underlying zoning and the additional rules as outlined in 401.15 N. Such changes would make the securing of a Day Care Nursery Facilities easier for applicants and staff to process. (See proposed DRAFT language attached) REQUESTED ACTION: As this is a ZONING AMENDEMENT, it would require a public hearing prior to any Council final adoption. Thus,direct Staff to finalize a proposed amendment and hold a public hearing with the Planning Commission 12/8/22 with final form to be brought back to the City Council not later than January 2023. 401.15.M. Home Occupations. 1. Purpose. The purpose of this Section is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this Section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily"more sensitive" home occupations, so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process. 2. Procedures and Permits. 2 a. Permitted Home Occupation. Any permitted home occupation as defined in this Ordinance, and subject to the performance standards of this Section, may be conducted solely within a single family detached dwelling (excluding attached garage space and/or any accessory structures). The permitted home occupation shall require a "permitted home occupation permit". Such permits shall be issued subject to the conditions of this Section, other applicable City Ordinances and State law. This permit may be issued by the Zoning Administrator based upon proof of compliance with the provisions of this Section. Application for the "permitted home occupation permit" shall be accompanied by a fee as adopted by the City Council. If the Zoning Administrator denies a permitted home occupation permit to an applicant, the applicant may appeal the decision to the City Council. The permit shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this Section have been breached. An annual fee, as set by the City Council, will be charged to the applicant. At such time as the City has reason to believe that either event has taken place, a public hearing shall be held before the Planning Commission, following the procedural provisions of a conditional use permit in Section 401.03 of this Ordinance. The City Council shall make a final decision on whether or not the permit holder is entitled to the permit. b. Special Home Occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation cexciudinq Day Care Nursery Facilities) as defined in this Section shall require a "special home occupation permit" which shall be applied for reviewed and disposed on in accordance with the procedural provisions of a conditional use permit found in Section 401.03 of this Ordinance. c. Declaration of Conditions. The City Co: rl:m may impose such conditions on the granting of a special any home occupation permit as may be necessary to carry out the purpose and provisions of this Section. d. Transferability. Permits shall not run with the land and shall not be transferable. e. Lapse of Special Home Occupation Permit by Non-Use. 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. 2 f. 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 matters is made by not less than four-fifths (4/5) vote of the City Council. 3. Requirement-General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. a. General Provisions. 1) No home occupation shall produce light, glare, noise, odor, vibration, smoke, dust, heat, or hazardous or toxic material shall not be produced, stored, or kept on the premises that will in any way have an objectionable effect upon adjacent or nearby property. 2) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. 3) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. 4) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. 5) There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site. 6) The home occupation shall meet all applicable fire and building codes. 12 7) All signing and informational or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance. 8) All home occupations shall comply with the provisions of the City Code. 9) No home occupation shall be conducted between the hours of 10:00 pm. and 7:00 am. unless said occupation is contained entirely within the principal building, excluding attached garage space, and will not require any on-street parking facilities. 10) No commodity shall be sold on the premises. 11) Not over twenty-five (25) percent of any one story can be used for a home occupation. 12) Day Care Nursery Facilities are required to secure a Home Occupation Permit subject to such regulations, however are further regulated under City Ordinance 401.15 N. b. Requirements- Permitted Home Occupations - Excluding Day Care Nursery Facilities regulated in 401.15 N. . 1) No person other than those who customarily reside on the premises shall be employed. 2) The general public shall not come to the premises in question for purposes pertaining to the conduct of the home occupation. 3) All permitted home occupations shall be conducted entirely within the principal dwelling, excluding attached garage space, and may not be conducted in an accessory building. c. Requirements-Special Home Occupation. 1) No person other than a resident shall conduct the home occupation. 1,32 2) Special home occupations shall be limited to only those activities of a non-residential nature which are specified as allowed by state statute or regulation - -• - - - -- - - e- - - _ • -• - - • -- - - , but are conducted entirely within the principal building, attached garage space, or detached accessory building. 3) Special 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, however, the City Council shall maintain the right to establish the maximum number when and where changing conditions require additional review. 32 4). Subject to the conditions placed on such permit by the City, tThe general public sl}allmay be permitted to come to the premises in questions for purposes pertaining to the conduct of the home occupation. 384. Transient Lodging. Transient Lodging shall be considered in all Residential Districts with the issuance of a Conditional Use Permit according to Section 401.03.A,7 and that the following criteria are satisfactorily met. a. General Provisions. Only a detached single family home may be utilized for transient lodging consistent with the terms and conditions found herein: 1) The facility shall have a State issued license for lodging and/or food service, and /or comply with and maintain all health, safety, building and fire codes as may be required or applicable by the Building Official. The owner is responsible to ensure the facility is code compliant. 2) The owner may or may not occupy the structure while such facility is being utilized as a transient lodging facility. There shall be a limit of three (3) transient guests per bedroom and a limit of three (3) bedrooms for transient lodging in the facility. 3) All bedroom units shall be established within a principal structure or accessory structure. 4) No transient lodging facility shall be located closer than at least five hundred (500) feet from other bed and breakfast facilities and/or transient lodging as measured from property lines. 5) Dining and other facilities shall not be opened to the public but shall be used exclusively by the registered guests of the facility. 6) Two (2) off-street parking spaces shall be provided for the facility use plus one (1) for each bedroom over two (2) bedrooms. No parking spaces shall be located in the front yard of the property, other than on an existing driveway. All parking areas shall be improved with asphalt, concrete or materials suitable to control dust and drainage as approved by the City Engineer. 7) All signing and informational or visual communication devices shall be in compliance with Section 401.15.G if this Ordinance and/or as may be restricted by the City Council. 8) Adequate lighting shall be provided between the principal structure and the parking area for the safety of the guests. 9) Any excessive occupant noise reported to the City and in violation of City Code shall receive a warning on the first offense and a citation on the second. Continued citations shall be grounds for the suspension or revocation of use permits by the City Council. 10) All transient lodging conditional use permits may be reviewed, including site inspections, by the Building Official at any time. If violations of City Ordinance, Building Code, Fire Code or conditions of approval are found, the City Administrator shall schedule a public hearing of the City Council to review the conditional use permit and conditions. Upon review, the City Council may revise or cancel the conditional use permit. 11) Any applicable lodging or room tax as established by City Ordinance shall be paid by the owner of the property to the City. 385. Non-Conforming Use. Existing home occupations and transient lodging lawfully existing on the date of this Ordinance may continue as non-conforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home occupation or transient lodging that is discontinued for a period of more than thirty (30) days, or is in violation of the Ordinance provisions, under which it was initially established, shall be brought into conformity with the provisions of this Section. 386. Inspection. The City of Oak Park Heights hereby reserves the right upon issuing any home occupation or transient lodging permit 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. 401.15.N. Day Care Nursery Facilities. 11 . Purpose. The regulation of day care nursery facilities in these zoning regulations is to establish standards and procedures by which day care facilities can be conducted within the City without jeopardizing the health, safety and general welfare of the day care participants and/or the surrounding neighborhood or changing the essential character and purpose of the surrounding neighborhood. Subject to provisions as may be found in State Statute, lthis Section establishes the City's minimum requirements for the establishment of a day care facility,which - • - - - - - ••• • - •- . Day care nursery facilities o tier than those - •- - -- ••• -- - - - - - - - - -s which operate in a single family dwelling shall be subject to Section 401.15.M. of this Ordinance and processed as a Hhome c,ccupation. 2. Application. Day care nursery facilities which arc not ady except where defined as a permitted use in the zoning district shall be considered conditional uses within all the zoning districts and shall be subject to the regulations and requirements of Section 401.03 of this Ordinance. In addition to the City regulation, all day care facility operations shall comply with the minimum requirements of the Minnesota Department of Welfare regulations, as may be amended. 3. Declaration of Conditions. The City Council may impose such conditions on the granting of a day care facility Home Occupation or conditional use permit as may be necessary to carry out the purpose and provisions of this Section and/or those found in 401.15 M. 4. Site Plan Drawing Necessary. All applications for a day care facility conditional use permit shall be accompanied by a site plan drawn to scale and dimensioned, displaying the information required by Section 401.03.C.3. of this Ordinance. 5. General Provisions. a. Day care facilities shall be allowed as a principal use or as an accessory use, provided that the day care facilities meet all the applicable provisions of this Ssection and comply with the minimum requirements of the Minnesota Department of Welfare regulations, as may be amended. b. The proposed site for a day care facility as a principal use shall have a minimum lot area as determined by the Minnesota Department of Welfare. The City t_:4;;; _ may increase the required lot area in those cases where such an increase is considered necessary to ensure compatibility of activities and maintain the public health, safety and general welfare. The day care facility shall meet the setback requirements of the respective zoning district. c. The site of the proposed day care facility as an accessory use shall meet all area and setback provisions of the respective zoning district in which the facility is to be located and comply with the minimum requirements of the Minnesota Department of Welfare regulations, as may be amended. d. Where the day care facility is in or abuts any commercial or industrial use or zoned property, the day care facility shall provide screening along the shared boundary of such uses. All of the required fencing and screening shall comply with the fencing and screening requirements of Section 401.15.E. of this Ordinance. e. Parking. 1) There shall be adequate off-street parking which shall be located separately from any outdoor play area and shall be in compliance with Section 401.15.F. of this Ordinance. Parking areas shall be screened from view of surrounding and abutting residential uses in compliance with Section 401.15.E. of this Ordinance. 2) When a day care facility is an accessory use within a structure containing another principal use, each use shall be calculated separately for determining the total off-street parking spaces required. f. One off-street parking space in compliance with Section 401.15.F. of this Ordinance shall be provided. g. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. h. The structure and operation shall be in compliance with State of Minnesota Department of Human Services regulations and be licensed accordingly. 6. Non-Conforming Use. Existing day care facilities lawfully existing on the effective date of this Ordinance may continue as non-conforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing day care facility that is discontinued for a period of more than one hundred eighty (180) days, or is in violation of the provisions of this Ordinance, under which it was initially established, shall be brought into conformity with the provisions of this Section. 7. Inspection. At any and all reasonable hours, with or without notice, the City hereby reserves the right upon issuing any day care facility conditional use permit 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. 401.22. R-1, SINGLE FAMILY RESIDENTIAL DISTRICT 401.22.A. Purpose. The purpose of the R-1, Single Family District is to provide for low density single family detached residential dwelling units and directly related, complementary uses. 401.22.B. Permitted Uses. The following are permitted uses in an R-1 District: 1 . Single family detached dwellings. 2. City parks and playgrounds. 3. Day care facilities serving twelve (12) or fewer persons. 4. Residential care facilities serving six (6) or fewer persons. 5. Cellular telephone antennas located on a public structure as regulated in Section 401.15.P of this Ordinance. 401.22.C. Interim Uses. The following are interim uses in an R-1 District: 1 . None. 401.22.D. Accessory Uses. The following are permitted accessory uses in an R-1 District: 1. Private garages, parking spaces and carports for licensed and operable passenger cars and trucks not to exceed a gross capacity of twelve thousand (12,000) pounds, as regulated by Section 401.15.F. (Off-Street Parking) of this Ordinance. Private garages are intended for use to store the private passenger vehicles of the family or families residing upon the premises, and in which no business service or industry is carried on. 2. Recreational vehicles and equipment. 3. Home occupations. 4. Private swimming pools when fully in compliance with all applicable State standards. 22-1 5. Tool houses, sheds and similar buildings for storage of domestic supplies and non- commercial recreational equipment. 6. Public parks and playgrounds. 7. Essential services. 8. Radio and television antennas including single satellite dish TVROs one (1) meter or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers, as regulated in Section 401.15.P of this Ordinance. 26 9. Solar energy systems, ground source heat pumps and wind energy systems as regulated in Section 401.17 of this Ordinance. 401.22.E. Conditional Uses. The following are conditional uses in an R-1 District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401 .03 of this Ordinance.) 1 . Public or semi-public recreational buildings and neighborhood or community centers, public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples and synagogues provided that: a. Side yards shall be double that required for the district, but no greater than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 401.15.E. of this Ordinance. c. Adequate off-street parking and access is provided on the site or on lots directly abutting across a public street or alley to the principal use in compliance with Section 401.15.F. of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 401.15.E. of this Ordinance. d. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 401.03.F of this Ordinance. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 2. Water supply buildings, reservoirs, wells, elevated tanks and similar essential public utility and service structures. 22-2 10 3. Bed and breakfast facilities providing that the following criteria are met. For the purpose of this Ordinance, bed and breakfast units shall include those rooms that are provided to transient guests for compensation, but not including those rooms used by the owner occupants: a. A maximum of six (6) bed and breakfast units may be established within a structure, unless as noted in item b, lot size would allow for more, but not to exceed a maximum of ten (10) units. b. The parcel on which the bed and breakfast is located shall accommodate at least three thousand (3,000) square feet of lot area per bed and breakfast unit inclusive of the owner-occupants' living quarters. c. The facility shall have a State issued license for lodging and food service, and comply with and maintain all health, safety, building, and fire codes as may be required or applicable. d. The fee owner shall be in residence of the structure and shall maintain same as their homestead and demonstrate that the structure is in part classified as homestead for tax purposes. e. All bed and breakfast units shall be established within the principal structure. f. The original principal structure used for the bed and breakfast shall have a minimum size of one thousand seven hundred fifty (1,750) gross square feet. g. No bed and breakfast facility shall be located closer than at least nine hundred (900) feet from other bed and breakfast facilities as measured from property lines. h. Any structure proposed to be used for a bed and breakfast must have historic significance. Historic significance is demonstrated by: 1) Structures that are on the National Register of Historic properties and are substantially intact. 2) Structures that are at least eighty (80) years of age and are substantially intact. 3) Structures that can demonstrate historic significance as determined by the City Council. 22-3 No more than the equivalent of two (2) full time persons shall be employed by the bed and breakfast facilities who are not residents of the structure. j. Dining and other facilities shall not be opened to the public but shall be used exclusively by the residents, registered guests of the facility, or guests of a meeting held at the facility. k. The owner-occupant of the bed and breakfast shall be allowed to host small groups and meetings if the facility contains at least one thousand (1,000) square feet of area for this purpose as well as a commercial kitchen that complies with all health, safety, and building code standards. Groups and meetings shall be limited to no more than two (2) persons per bed and breakfast unit. The owners of a bed and breakfast may request a permit for special events that will exceed the two persons per unit limit requiring submittal of an application and consideration of approval by the Community Development Director. Two (2) off-street parking spaces shall be provided for the facility plus one (1) for each bed and breakfast unit. Parking areas shall be screened and landscaped and no parking space shall be located in the front yard of the property, other than on an existing driveway. The parking areas shall be improved with asphalt, but shall be exempt from other commercial parking requirements of the Zoning Ordinance. 12 m. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance. n. Adequate lighting shall be provided between the principal structure and the parking area for the safety of guests. All external lighting shall be regulated by conditional use permit. o. All bed and breakfast conditional use permits shall be reviewed annually by the Community Development Department. If violations of City ordinances, Building Code, or conditions of approval are found, the Community Development Director shall schedule a public hearing of the Planning Commission to consider the conditional use permit and conditions. Upon a Planning Commission recommendation, the City Council may make adjustments to or cancel the conditional use permit. 22-4 p. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 4. Residential planned unit development as regulated by Section 401.06 of this Ordinance. 5. Single satellite dish TVROs greater than one (1) meter in diameter provided that: a. The provisions of Section 401.03.A.8 and Section 401.15.P of this Ordinance are considered and satisfactorily met. 6. Cellular telephone antennas not located on a public structure provided that: a. The provisions of Section 401.03.A.8 and Section 401.15.P of this Ordinance are considered and satisfactorily met. 22-5