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HomeMy WebLinkAboutOrdinance 502.16 Home Occupations ORDINANCE 502 – ZONING ORDINANCE Section 502.16: HOME OCCUPATIONS Subd. 1: Purpose. The purpose of this Section is 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. Subd. 2: Regulations. All occupations conducted in the home shall comply with the provisions of this Section, the provisions of the district in which it is located and other sections of this Ordinance. Subd. 3: Process. Any home occupation as defined in this Ordinance shall require a “home occupation license”. Such license shall be issued subject to the conditions of this Section and other applicable City Code provisions and state law. a) Permitted Home Occupations. A license for a Permitted Home Occupation may be issued by the Zoning Administrator based upon proof of compliance with the provisions of this Section. Application for the permitted home occupation license shall be accompanied by a fee if so designated by City Council resolution. If the Zoning Administrator denies a home occupation license to an applicant, the applicant may appeal the decision to the City Council which shall make the final decision. The license shall remain in full 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 changed. 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. The City Council shall make a final decision on whether or not the permit holder is entitled to the license. b) Special Home Occupations. Applications for Special Home Occupations shall be submitted to the Zoning Administrator for review by the Planning Commission. The City Council shall act upon the Planning Commission’s recommendation for the issuance of a Special Home Occupation license. Subd. 4: Permitted Home Occupation Regulations. a) Permitted home occupations include and are limited to: art studio, secretarial services, family day care, foster care, professional offices or consulting, teaching with musical, dancing and other instructions which consist of no more than one pupil at a time and similar uses. 502.16-1 ORDINANCE 502 – ZONING ORDINANCE b) The following regulations shall apply: 1. No person other than those who customarily reside on the premises and/or one (1) additional employee shall be in one's employ on the premises. 2. All permitted home occupations shall be conducted entirely within the principal building whenever possible and should not be conducted in an accessory building. 3. Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway. 4. The home occupation shall not involve any of the following: repair service or manufacturing which requires equipment other than found in a home; teaching which customarily consists of more than one pupil at a time; over-the-counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in a wholesale or retail outlet. Subd. 5: Special Home Occupations. a) Examples of Special Home Occupations include: barber and beauty services, group nursery, bed and breakfasts, photography studio, taxidermy, saw sharpening, small appliances and small engine repair and other occupations similar in nature. b) The following regulations shall apply: 1. 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 license” which shall be applied for, reviewed and disposed of in accordance with the provisions of this Ordinance. 2. Declaration of Conditions. The Planning Commission and the Council may impose such conditions of the granting of a “special home occupation license” as may be necessary to carry out the purpose and provisions of this Section. 3. A “Special Home Occupation License” may be issued for a period of one (1) year after which the license may be reissued for periods of up to five (5) years each. Each application for license renewal shall, however, be processed in accordance with the procedural requirements of the initial special home occupation license. 502.16-2 ORDINANCE 502 – ZONING ORDINANCE 4. Special Home Occupation Requirements. A. No person other than a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for non-resident assistance and that this exception would not compromise the intent of this Ordinance. B. The home occupation may involve any of the following: stock-in- trade incidental to the performance of the service, repair service or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than one pupil at a time. C. Bed and Breakfasts may be permitted as a special home occupation provided that: i. Four (4) or fewer rooms are for rent for a period not to exceed fourteen (14) consecutive days during any ninety (90) day period. ii. The establishment conforms with the State Health and Building Code requirements. iii. Large functions of twenty five (25) or more such as receptions or business meetings shall be permitted on-site providing such functions shall be limited to a maximum of seventy-five (75) people. The total of said functions shall not exceed four (4) events per calendar year. iv. Small functions of less than twenty five (25) people such as receptions or business meetings shall be permitted on site, unrestricted. D. Special home Occupations shall adhere to the off-street parking requirements within this Ordinance. E. Massage Therapy may be permitted as a special home occupation provided that all requirements outlined in this Section and other City Ordinances are met. Subd. 6: General Provisions. a) No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. 502.16-3 ORDINANCE 502 – ZONING ORDINANCE b) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. c) 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. d) 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. e) There shall be no display or evidence apparent from the exterior of the lot that the premises are being used for any purpose other than that of a dwelling, with the exception that one (1) non-illuminated sign measuring one and one-half (1½) square feet may be attached to the dwelling. f) Whenever within one (1) year after granting a license, the use as permitted by the license shall not have been initiated, then such license shall become null and void unless a petition for extension of time in which to complete the work has been granted by the Council. Subd. 7: Non-Conforming Use. Existing home occupations lawfully existing on the effective date of this Ordinance may continue as non-conforming uses. They shall however, be required to obtain licenses for their continued operation. Any existing home occupation that is discontinued for a period of more than one (1) year shall be brought into conformity with the provisions of this Ordinance prior to re-institution. Subd. 8: Inspection. The City hereby reserves the right, upon issuing any home occupation license to have the Zoning Administrator or designee inspect the premises in which the occupation is being conducted to ensure compliance and the provisions of this Section or any conditions additionally imposed. 502.16-4