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HomeMy WebLinkAbout2012-02-23 Home Occupation Reminder & Compliance Request - Special Event Signage City of Oak Park Heights 14168 Oak Park Blvd. N. Phone: 651.439.4439 P.O. Box 2007 Fax: 651.439.0574 Oak Park Heights, MN 55082 February 23, 2012 Mr. David Belz Valley Floral Company 6188 Beach Rd. N. Oak Park Heights, MN 55082 Re: Home Occupation Limitations & Special Event Permits Dear David: Just a reminder to you that the Home Occupation permit granted to you in December of 2006 does not allow for retail traffic in that City Ordinance 401.15.M.3.b.2 directs that "The general public shall not come to the premises in question for purposes pertaining to the conduct of the home occupation." If you would like to seek an amendment to your Home Occupation permit approvals, through a Conditional Use Permit, please let me know and we can discuss that process. Additionally, please be reminded that City Ordinance 401.15.G. regulates the placement of temporary — special event — signs (banners, Etc.). In no case shall any type of sign for your business operation be placed off your property. Recently signage advertising floral sales at your residence were observed on Beach Road, near the Hwy. 36 entrance ramp and upon your yard sign. The sign on Beach Road is not permitted anytime as it is off-site signage. The temporary advertisement signage /display is an example of special event signage and may be placed as regulated by the Special Event permit ordinance and with a permit. I have enclosed a copy of the special event permit application and ordinance language for your review and use. If you have any questions regarding the requirements please feel free contact me. With this letter you are directed to remove all temporary signs /displays no later than Monday, February 27, 2012. A compliance check shall be made after that time. No special event signs or displays shall occur without first having obtained an approved special event permit. You may mail, fax, email or personally deliver your special event permit to City Hall for issuance. Please be reminded that this is a City Ordinance requirement and that there is no charge for the permit; however, failure to obtain one prior to placing special event signage is a violation of City Ordinance, which may be subject to a misdemeanor citation. Sincerely, Jul'? Hultman P a ing & Code Enforcement Officer Enclosures 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 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 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. 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. b. Requirements- Permitted Home Occupations. 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. 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 such as day care group nursery or which comply with Sections a and b above, 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. • 4. Non - Conforming Use. Existing home occupations 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 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. 5. Inspection. The City of Oak Park Heights hereby reserves the right upon issuing any home occupation 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. t e W City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 - Phone (651) 439 -4439 • Fax (651) 439 -0574 www.cityofoakparkheights.com 401.15.G.8. SPECIAL EVENTS. a. Sign Permit Required. No special event shall be held without first obtaining a sign permit. b. Number of Events. The business or applicant in all business and industrial zoning districts, as well as each public and institutional use in residential districts, shall be allowed five (5) special events per calendar year. The total number of special event days in a calendar year shall not exceed fifty (50) days for any applicant, business, or public and institutional use. 1 Once the time period has expired for a special event the applicant shall wait the same number of days that the sign permit was issued to start a new special event. c. Permitted Advertising Devices. Advertising devices for special events must be directly related to the activity being conducted as a special event. The advertising devices described below are permitted for special events in addition to the maximum allowable sign area, provided they are professionally done and the following standards are met and complied with: 1) SmaII Balloons. a) The size of small balloons or a group of connected balloons shall not exceed two (2) feet as the largest dimension, except that balloon arches not exceeding eight (8) feet in height shall be allowed. b) SmaII balloons may be multi colored and incorporate logos and messages. c) Helium balloons shall be refilled daily. 2) Tents. a) Tents, including all ties, ropes, stakes, etc., shall be located entirely upon the permitee's property and shall comply with the City's setback requirements for accessory buildings. 'A • mended 10 -28 -08 1 3) Bannerettes. a) Bannerettes may be used on Tight standards or flag poles. b) No more than one (1) bannerette shall be allowed per standard or pole. c) Bannerettes shall be smaller than any United States flag on the property, and shall not be flown at a height greater than any United States flag allowed on the property. 4) Banners. a) Banners may be attached to poles, tents, and buildings, provided that are well secured and are prevented from being blown around uncontrollably by the wind. b) No more than two (2) banners shall be allowed. c) Banners shall not be larger than one hundred (100) square feet nor higher than the wall of the principal building on the lot. 5) Search lights. a) Search lights as regulated in Section 401.15.B.7.g.(1) of this Ordinance. d. Prohibited Advertising Devices for Special Events. The advertising devices or activities described below are prohibited for special events: 1) Animated signs, light bulb strings, pennants, portable signs, ribbons, and streamers. 2) Displays or special features on any landscaped areas or on roofs. 3) Aerial rides. 4) Large balloons or collections of small balloons exceeding two (2) feet in diameter, except for balloon arches not exceeding eight (8) feet in height. 5) Additional lighting that does not meet this Ordinance. 6) Any advertising device in the public right -of -way. 7) Air inflatable devices. 2 e. Sign Permit Requirements for Special Event Lot Decorations. Before any special event signs or decorations shall be permitted to be used for an event, the responsible property owner or organization shall submit a completed application for a sign permit with the City. In addition to other requirements, the applicant shall show that when the event is held, adequate parking area will continue to exist, even though a portion of required parking spaces may be used to celebrate the event. Only after the City issues the sign permit, may a business display the special event signs and decorations. f. Violations. 1) It is a violation for any person, company, or organization to provide, erect or display any beacons, balloons or other advertising device which is not in conformity with the provisions of this Section. 2) Special event signs and decorations not removed by the last day of the special event. 3 City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 Phone (651) 439 -4439 • Fax (651) 439 -0574 www.cityofoakparkheights.com Temporary "Special Event" Sign /Banner & Temporary Outdoor Sales Tent Permit Application PLEASE'TYPE OR PRINT Applicant's Name: Title: Business Name: Address: Street City State Zip Phone: Fax: Other: Applicant Email Address: Type: Check All Applicable Banner _ Sign _ Balloon Tent _ Other: Description of Item(s): Include message content, location, exact dimensions of item(s) and how it/they will be erected (e.g. banner attached to building wall). Please use the back of this application if you need additional room. For tent placement a site plan must be submitted with this application, showing location, number of parking spaces, if any displaced, etc. Date Item(s) Will Be Erected: Dated Item(s) Will Be Removed: • 5 Events Per Calendar Year • 10 Consecutive Days Maximum Per Event • 50 Days Maximum Per Calendar Year No Consecutive Event Periods By signature below, the applicant hereby agrees to work in accordance with the Ordinances of the Local Municipality, State Building Code, and the requirements enforced by the City of Oak Park Heights. The applicant further agrees to place and remove temporary signage as approved and notify the Code Enforcement Officerof any change to design, location or placement duration. Dated: Applicant's Signature For Office Use Only: Julie Hultman Date Issued: Planning & Code Enforcement Officer Duration: Direct: (651) 351 -1661 Accumulated Duration: FAX: (651) 439 -0574 Permit Fee: None Email: jhultman @cityofoakparkheights.com Permit Granted /Denied by: Reason for Denial (if denied): Temporary "Special Event" Sign /Banner & Temporary Outdoor Sales Tent Permit Application Page 2 Continued Description (from page 1): Site Plan: Site Plan — Additional Information: