HomeMy WebLinkAbout2013-11-26 CC Packet Enclosure 6
Oak Park Heights
Request for Council Action
Meeting Date November 26th,2013
Time Required: 5 Minutes
Agenda Item Title:, Consider Amendment to City Ord.401.15 M—Home Occupations
Agenda Placement New Business
-
entlRe or E •hnson Ci Administrator
Originating Departm q
Requester's Signature
Action Requested See Belo
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached memo from Scott Richards dated 11/20/13.
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T360oka,1 ThMN urston Avenue 55303 N. Suite 100
An
Phone:763.231.5840
Facsimile: 763.427.0520
TPC @PlanningCo.corn
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: November 20, 2013
RE: Oak Park Heights— Home Occupation Standards— Potential
Amendments
TPC FILE: 802
Background
As you are aware, Sarah Bell has proposed a home occupation for a cosmetology salon
at her residence located at 13930 55th Street North. The criteria within Section
401.15.M of the Zoning Ordinance specifies that this type of home occupation is a
Special Home Occupation requiring a conditional use permit. Ms. Bell has applied for
the conditional use permit and supplied the necessary fees and materials for the review.
In reviewing the Zoning Ordinance, Staff has noticed an issue in the language related to
requirements for Special Home Occupations. It does not allow for the general public to
come to the premises pertaining to the conduct of the home occupation (See 401.15 M.
3.B.2 -attached){"As a result, clients could not come to Ms. Bell's house for services.
This was not the original intent of the Ordinance when it was amended in 1998. A
Special Home Occupation was created to allow a more intensive type of home business
where the general public, on a limited basis, could come to a residence. Because a
Special Home Occupation requires a conditional use permit, reasonable conditions can
be placed on this type of request so that there is no burden placed on the 1
neighborhood.
The minor change in language would be a new project making it necessary for the City
Council to review a work program and estimated costs before the project commences.
Please find as follows a work program and estimated costs for this project.
If the City Council would like City Staff to proceed with Ordinance amendment, it should
authorize the study and the expenses for the Planning Consultant. If the City Council
does not wish to revise the Ordinance at this time, the project should not be authorized
or funded.
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Work Program and Estimated Costs
If the work is authorized by the City Council, a public hearing would be scheduled for
the December 12, 2013 Planning Commission meeting. The public hearing for the
conditional use permit would occur at the same meeting. If the Ordinance amendment
and conditional use permit is recommended by the Planning Commission, the City
Council would review both requests at their December 26, 2013 meeting.
The Ordinance amendment could be completed for less than $1,000.00. The above
total is a not to exceed fee and includes all mileage and attendance at meetings.
City Council Action
The City Council should determine if the Special Home Occupation section of the
Zoning Ordinance should be changed to allow the public to come to a residence for the
purposes pertaining to the conduct of the home occupation. The Ordinance
Amendment could be completed for a not to exceed fee of$1,000.00.
(1) This reference was added by E. Johnson
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• Sexually oriented use-principal activities,as defined by this Ordinance,sh
be classified as one use. No two sexually oriented uses-principal sha -
ocated in the same building or upon the same property.
4. Sexually 'ented Uses Accessory
a. Sexua •riented use-accessory shall:
1) Co 'se no more than ten percent (10%) of floor area of the
establt ent in which it is located.
2) Comprise ore than twenty percent( • of the gross receipts of
the entire bu -ss operation.
3) Not involved or lude any act except the sale or rental of
merchandise.
b. Sexually oriented use-accesso = be restricted from and prohibit access
to persons under the age of eig (18)by the physical separation of such
items from areas of general • is - «-ss:
1) Movie Rentals. ' •lay areas s' be restricted from general view
and shall be to within a separ- - room,the access of which is in
clear view a• nder the control of t persons responsible for the
operation • •ntrolled in some other e Ive manner which meets
with the •royal of the Zoning Adminis r.
2) Ma• , Ines. Publications classified or qualifyin -s sexually oriented
shall not be accessible to persons under the - 'e of eighteen(18)
d shall be covered with a wrapper or other means •revent display
of any material other than the publication title.
Other Use. Sexually oriented use-accessory not sped -Ily cited
shall comply with the intent of this section subject to the ap -•val of
the Zoning Administrator.
c. Sexually oriented use-accessory activities shall be prohibited at any pub
show, movie, caravan, circus, carnival, theatrical or other performance o
exhibition •resented to the •eneral •ublic where minors are admitted.
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
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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
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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 4
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.
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1
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.
dowar ) 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 I
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.
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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.
11. Purpose. The regulation of day care nursery facilities in these zoning regula i s is
establish standards and procedures by which day care facilities can be co cted
in the City without jeopardizing the health, safety and general wel - of the
da re participants and/or the surrounding neighborhood. T Section
estab o es the City's minimum requirements for the establishmen a day care
facility 'ch are not defined as permitted uses by State Stet or which are
operated i ses other than single family homes. Day care n ities other than
those defin- • -rmitted uses by State Statutes which ope in a single family
dwelling as a -ccessory use shall be subject to Secti• 401.15.M. of this
Ordinance and p , -=ssed as a home occupation.
2. Application, Day ca t ursery facilities which are no ready permitted uses in the
zoning district shall be a' -idered conditional uses in all the zoning districts and
shall be subject to the re, lations and require -nts of Section 401.03 of this
Ordinance. In addition to th ity regulation, . day care facility operations shall
comply with the minimum req -ments of t innesota Department of Welfare
regulations, as may be amended.
3. Declaration of Conditions. The • ing Commission and City Council may
impose such conditions on the granti _ • - day care facility conditional use permit
as may be necessary to carry out - pure: - and provisions of this Section.
4. Site Plan Drawing Necessa All applicatio or a day care facility conditional
use permit shall be accomp- ed by a site plan • n to scale and dimensioned,
displaying the information I uired by Section 401.0 .3. of this Ordinance.
5. General Provisions.
a. Day care f- ies shall be allowed as a principal use or an accessory use,
provided -t the day care facilities meet all the applicab = •rovisions of this
sectio
b. Th- •roposed site for a day care facility as a principal use s I have a
imum lot area as determined by the Minnesota Department o .ffare.
e City Council may increase the required lot area in those cases ere
such an increase is considered necessary to ensure compatibility of acti '-s
and maintain the public health, safety and general welfare. The day
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