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HomeMy WebLinkAbout0095 i r ORDINANCE NO. 95 CITY OF LAICEVILLE DAKOTA COUIQTY, IdINNESOTA AN ORDIIANCE REGULATING HOME OCCUPATIONS IN THE CITY OF LAKEVILLE. The City Council of the City of Lakeville does ordain: Section 1. TITLE, PURPOSE AND APPLICATION. Subd. A. Title. This Ordinance shall be known hereafter as the Lakeville Home Occupation Ordinance except as referred to herein, where it shall be known as "this Ordinance". Subd. B. Purpose. The purpose of this Ordinance is to prevent compe- tition with business districts and to provide a means through the esta- blishment 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 Ordinance 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 rattier than a legisla- tive hearing process. Subd. C. Application. Subject to the non-conforming use provision of this Ordinance, all occupations conducted in the home shall comply with the provisions of this Ordinance. This Ordinance shall not be construed, however, to apply to home occupations accessory to farming. Section 2. DEFINITIONS. Subd. A. Accessory Structure. A subordinate building which is located on the same property on which the principal structure is situated and which is reasonably necessary and incidental to the conduct of the primary use of such principal structure. Subd. B. Home Occupation, Permitted. Any gainful occupation or profes- sion engaged in by the occupant of a single family home which is clearly incidental and secondary to the residential use of the premises and does not change the character thereof. Subd. C. Home'Occupation, Special. Any gainful occupation or profes- k sion engaged in by the occupant of a single family home which is clearly incidental and secondary to the residential use of the premises and does not change the character of the premises, but which does not meet the specific requirements for a permitted home occupation. Subd. D. Resident. For purposes of this Ordinance, a resident shall be defined as any member of the immediate family or any individual who lives in the dwelling unit on a daily basis whether by compensation or otherwise. Subd., E. Structural Alteration. Any alteration to either the interior ox exterior of a structure which requires a building permit and which is intended specifically to accommodate a use which is not customarily found in a residential home. Subd. F. Dwelling Unit. A residential building or portion thereof in- tended .for occupancy by a family, but not including hotels, motels, nurs- ing homes,. seasonal cabins, boarding or rooming houses, tourist homes or trailers. Subd. G. Family. One (1) or more persons each related to the other by blood, marriage, adoption, or foster care, or a group of not more than five (5) persons not so related. maintaining a common household. and using common cooking and kitchen facilities. Subd. H. Permit. A certificate issued to a person allowing them to engage in a specified home occupation at a designated location. Section 3. PROCEDURES AND PERMITS. Subd, A. Perhtitted Home Occupation. Any home occupation which is permitted as defined in this Ordinance shall require a "limited home occupation permit". Such permits shall be issued subject to the condi- tions of this Ordinance, other applicable City Ordinances and State law. This permit may be issued by the City Administrator or his agent based upon proof of compliance with the provisions of this Ordinance. Appli- cation for the "limited home occupation permit" shall be accompanied by a fee, as adopted by the City. Council. If the Administrator denies a permitted home occupation permit to an applicant,-the applicant may appeal the decision to the Planning Commission. The Planning Commission 2_ shall make a recommendation to the Council, which shall make .the final .decision.. 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 pro- visions of this Ordinance have been breached. At such time as the City has reason to believe that either event has taken place, a public hear- ing 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 permit. Subd. B, Special Home Occupation. 1. •Any home occupation which is defined as special in this Ordinance shall require a "special home occupation permit". -This permit shall be applied for. through the City Administrator or his agent on an official application form. Such application shall be accompanied by a fee as adopted by the City Council. This fee shall not be refunded. Such application shall-also be accom- panied by fifteen (15) copies of detailed written and graphic materials fully explaining the proposed home occupation use. The City Administrator shall refer said application, along with all related information, to the City Planning Commission for con- sideration and a report and recommendation to the City Council. 2. The Planning Commission shall consider the request at its first possible regular meeting unless the filing date falls within twenty (20). days of said meeting, in which case the request would be placed on the agenda. and considered at the next regular meeting. 3. The applicant shall appear before the Planning Com- mission in order to answer questions concerning the proposed home occupation use. 4. If .necessary, the application shall be referred back to the City staff for a report and recommendation to be presented to the Commission. The City staff's report and recommendations shall be given to the City Planning Commission at least twenty {20) days prior to the meeting at which said report and recommendations are to be presented. The final report and recommendations of the. _3_ City staff is to be entered in and made part of the permanent written record of the Planning Commission meeting. 5. The Planning Commission shall consider possible adverse effects of the proposed use. Its judgment shall be based upon (but not limited to) the following factors: a. Relationship to municipal comprehensive plan. b. The geographical area involved. c. Whether such use will tend to or actually de- preciate the area in which it is proposed. d. The character of .the surrounding area and compatibility of intended use. e. Economic impact upon existing commercial establishments. f. Impact on public utilities. g• Impact on property tax .revenue. 6. The Planning Commissign and City staff shall have the authority to request additional information from the applicant concerning operational factors, etc., where said information is necessary to establish performance conditions. 7. The Planning Commission shall set a date for a hearing. Individual notices shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property within. three hundred fifty (350) feet of the subject property. The applicant shall also be responsible for the City's costs in preparing the individual notification list and mailing. A bill covering said costs shall be payed prior to any official action by the Planning Commission. 8. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Ordinance. 9. The Planning Commission shall recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this Ordinance. Such recom- mendation shall be in writing and accompanied by the report and recommendation of the City staff where applicable. -4- 10. The City Council shall not grant or deny a "special home occupation permit" until they have received a report and recommendation from the Planning Commission or until sixty (60) days after the first regular Planning Commission meeting at which the request was considered. 11. Upon receiving the recommendation of the Planning Commission, the City Council shall consider the request on the agenda for the next regular meeting. All reports and recommenda- tions shall be entered in and made part of the permanent written record of the City Council meeting. 12. Approval of a request shall require passage by a four- fifths (4/5) vote of the full City Council. 13. The City Administrator shall notify. the applicant of the Council's decision in writing. Subd. C. Declaration of Conditions. The Planning Commission and 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 Ordinance. Subd. D. Effect of Permit. A "special home occupation permit" may be issued for a period of one (1) year after which the permit may be re- issued for.periods of up to three (3) years each. Each application for permit renewal shall, however, be processed in accordance with the procedural requirements of the initial "special home occupation permit". Subd. E. Transferability. .Permits shall not run with the land and shall not be transferable. Subd. F. 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 City 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 -g- extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision. Subd. G. 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 matter is made by not less than four-fifths (4/5) vote of the full City Council. Subd. H. Renewal of Permits. An applicant shall not have a vested right £o a permit renewal by reason of having obtained a previous per- mit. In applying for and accepting a permit, the permit holder agrees that his.monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be considered. de novo without taking into consideration that a previous permit has been granted. The previous. granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a permit. Section 4. REQUIREMENTS - GENERAh PROVISInNS. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. Subd, A. General Provisions. 1. 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. 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 incompatability or disturbance to the surrounding residential uses. -6- 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. 7. There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling. 8. All home occupations shall comply with the provisions of the City Nuisance Ordinance. 9. No home occupation shall be conducted between the hours of 10:00 P.M. and 7:00 A.M. unless said occupation is con- tained entirely within the principal building and will not require any on-street parking facilities. Subd. B. Requirements - Permitted .Home Occupations. 1. No person other than those who. customarily reside on the premises shall be employed. 2. All permitted home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings. 3. Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway, where no vehicle is parked closer than fifteen (15) feet from the curb line or edge of paved surface. 4. Examples of permitted. home occupations include: art studio, dressmaking, secretarial services, professional offices and teaching with musical, dancing and other instructions which consist of no more than one (1) pupil at a time. 5. The-home occupation shall not involve any of the -7- following: repair service or manufacturing which requires equip- ment other than found in a dwelling; teaching which customarily consists of more than one (1)-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. C, Requirements - Special Home Occupation. 1. 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 in- tent of this Ordinance. 2. Examples of special home occupations include: barber and beauty services, photography studio, group lessons. saw sharpening, small appliance and small engine repair and the like. 3. 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 cus- tomarily found in a home, the teaching with musical, dancing and other instruction of more than one (1) pupil at a time. 4. Special home occupations may be allowed to accommo- date 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 of on-street spaces permitted and increase or decrease that maximum number when and where changing conditions require additional review. Section 5. NON-CONFOR2~ING USE. Existing home occupations lawfully existing on the date of this Ordi- nance 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 -8- • (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 Ordinance. Section 6. VIOLATIONS, PENALTY, REPEAL, SEVERABILITY. Subd. A. Inspection. The City of Lakeville 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 provi- sions of this Ordinance or any conditions additionally imposed. Subd. B. .Violation. Any inconsistency with the provisions of this Ordinance or deviation from special conditions imposed or failure to apply for a permit shall constitute a violation of this Ordinance and shall. be punishable .according to the penalty provisions listed hereafter. Subd. C. Penalty. Upon establishment of fact. that a violation has occurred, the City of Lakeville shall demand in writing that.. the viola- tion be ceased immediately and shall require additionally that the appli- cant show proof that the home occupation'satisfactorily meets dll the provisions and/or conditions imposed of .this Ordinance. If a second violation occurs, the City shall demand, in writing, .that the home occu- pation be ceased and no permits for the same shall be issued to the vio- lator thereafter. The City-shall additionally reserve the right to pro- secute.3ny violator who refuses to conform to a written. demand order. Refusal to comply with a written order shall constitute a misdemeanor offense punishable by a fine of_not more than three hundred ,dollars ($300:00) or by a commitment to jail for a period of not to exceed ninety (90) days. ,Each day during which compliance is. delayed shall constitute a separate offense. Subd,. D. Repeal. Section 7.2(14) and. Section 3.2(33) of Ordinance No. 42 as amended are hereby repealed. Subd, E. Severability, Every provision of this Ordinance shall be severable from every other provision, and if one or more provisions are held invalid, such invalidity shall not affect any other provision. Section 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect after its passage -9- and publication according to law. Adopted by the Council of the City of Lakeville, Minnesota,. this 2nd day of August 1976. CITY OF LAKEVILL BY: <<E Qllltll.~~ . Edward Mako, Mayor ATTE$Tb ~ fj~ CzG', ' Patrick E. PdcGarvey, City, lerk -10-