HomeMy WebLinkAbout2023-02-28 Amended Ordinance Pages - Placed to Books & Online Sources Updated 0c) 6', Y 0‘- mac,
401.15.M. Home Occupations.
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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.
43 b. Special Home Occupation. Any home occupation which does not meet the
specific requirements for a permitted home occupation (excluding 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.
43 C. Declaration of Conditions. The City may impose such conditions on the
granting of any home occupation permit as may be necessary to carry out the
purpose and provisions of this Section.
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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.
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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.
43 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.
43 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.
1,32,43 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 but are conducted entirely within the principal building,
attached garage space, or detached accessory building.
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43 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 shall
maintain the right to establish the maximum number when and where
changing conditions require additional review.
32,43 4) Subject to conditions placed on such permits, the general public may
be permitted to come to the premises 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.
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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.
1,43 1. 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, this Section establishes the City's minimum
requirements for the establishment of a day care facility. Day care nursery facilities
which operate in a single-family dwelling shall be subject to Section 401.15.M. of
this Ordinance and processed as a Home Occupation.
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43 2. Application. Day care nursery facilities 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.
43 3. Declaration of Conditions. The City may impose such conditions on the granting
of a day care facility Home Occupation 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.
43 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
section and comply with the minimum requirements of the Minnesota
Department of Welfare regulations, as may be amended.
43 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 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.
43 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
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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.
401.15.0. Animals.
1. Keeping Animals.
a. Domestic animals are allowed in all zoning districts and further regulated in
Section 601 of the City Code.
b. Non-domestic animals are regulated according to Section 1122 of the City
Code.
401.15.P. Antennas.
1. General Standards. The following standards shall apply to all cellular telephone,
public utility, microwave, radio and television broadcast transmitting, radio and
television receiving, satellite dish and short-wave radio transmitting and receiving
antenna.
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a. All obsolete and unused antenna shall be removed within twelve(12)months
of cessation of operation at the site, unless an exemption is granted by the
Zoning Administrator.
b. All antenna shall be in compliance with all City building and electrical code
requirements and as applicable shall require related permits.
c. Structural design, mounting and installation of the antenna shall be in
compliance with manufacturer's specifications and as may be necessary, as
determined by the Zoning Administrator, shall be verified and approved by a
professional engineer.
d. When applicable, written authorization for antenna erection shall be provided
by the property owner.
e. No advertising message shall be affixed to the antenna structure.
f. The height of the antenna shall be the minimum necessary to function
satisfactorily, as verified by an electrical engineer or other appropriate
professional.
g. Antennas shall not be artificially illuminated unless required by law or by a
governmental agency to protect the public's health and safety.
h. When applicable, proposals to erect new antenna shall be accompanied by
any required federal, state, or local agency licenses.
If a new antenna support structure is to be constructed, it shall be designed
so as to accommodate other users including but not limited to other cellular
communication companies, local police, fire and ambulance companies.
j. Antenna support structures under two hundred (200) feet in height shall be
painted silver or have a galvanized finish to reduce visual impact.
k. Except as may be applicable in cases where a conditional use permit is
required, antennas and support structures for federally licensed amateur
radio stations and used in the amateur radio service are exempt from sub-
paragraphs (c), (f), and (i) above, and must comply with sub-paragraph (I)
below.
Amateur radio support structures (towers) must be installed in accordance
with the instructions furnished by the manufacturer of that tower model.
Because of the experimental nature of the amateur radio service, antennas
mounted on such a tower may be modified or changed at any time so long as
the published allowable load on the tower is not exceeded and the structure
of the tower remains in accordance with the manufacture's specifications.
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