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HomeMy WebLinkAbout2021 12-07 PC PACKETCity-pfGem.Zakej Minnesota Planning Commission Meeting, December 7, 202I Call to Order of Planning Commission Meeting By Chair Don Cummings at 7:_p.m- Cali of Roll. Don Cummings Stephanie Farrell Joshua Patrick Art Pratt Derek Wippich Others in attendance: Sign-up Sheet Agenda Review and Approval of the Minutes of'the November 3, 2021, meeting. Public Hearings NONE SCHEDULED New Busines3' Discussion of open issues related to Home Occupation o Include and expand*definition within Ordinance No. 13 ],including intent and list of requiromenft.lhaf.minimize neighborhood impact and reduce competition/conflict among existing zoning districts: o Discussion of rental requirements and related issues. ;o Next. steps. • Other open items from Commissioners. or Council representatives Future. Meetings Workshop with City Council. —Monday, December ]3, M21 � [CANCELED] • Next City Council Meeting, Tuesday, December 21, 2021 Adjournment —The ineeting.adjourned at I CITY OF GEM LAKE Heritage Hall 4200 Otter Lake Road I Gem Lake, W-55116 651-747-2790/92 1 651-747-2795 {fax) - &mai1 city@gemlakemrl.or Gem Lake Planning Commission. Meeting December 712021 Sign in Sheet. Name City of Gem Lake Planning Commission Meeting "November .3, 2021. L Meeting Minutes Planning Commission Mentber Joshua Patrick called the meotingto order at 7:02 p.m. Commission. -Members Stephanie: Farrell, Art Pratt -and Derek Wippic.K-*efe present. Also present; Planning and Zoning Director Evan Monson; City Attorney*Patrick Kelly, Mayor Gretchen Artig=Swomley, Councibnember Jim Lindner and Jeff and Ramsey James: Commission Chair. Don Cummings was absent. Approval of;A inntes .Commission Member Pratt- ntroduced a motion to apprdwthe minutes of the August 3,.2021 Planning Commission Meeting. Commission Member -Wippich seconded the motion. All .in favor, motion approved. public Hearin • Interim Use Permit for John Biekeland Commission Member Patrick informed those in-atteridance that he.-woOld be, ehairing the riieeting, due to Commission Chair Cummings being out of town. He pointed out that there would be one public hearing tonight, dealing with the request for an Interim Use Permit (IUP).to accommodate a parking area for CarFit. Auto. The other matter that was to require a. public hearing, will be discussed as a regular agenda item, as the application for an accessory. uructure was deemed incomplete at this time. Commission Member Patrick then gave a history of the request for an Interim Use Permit by John Birkeland for CarFit.. The dealership lost its overflow parking when the adjacent lot was sold to Hy -Yee:. Birkland, who owns the property on which the car dealership sits, requested and: was. granted an IUP in January of 2Q 19, but took.no actionio l uild.the. requested parking 1pt for hi$4enant. That TUP then expired. Birkeland is. asking for the satne permit with the same.specifieations. Commission Nl6ml eel?rattmotioned4d open the*public hearingoh the [UP for Mikeland. Commission Member Farrell seconded the motion. All in #favor; motion approved: Monson. gave a brief report on his findings regarding this request, He.said he had concerns as to. feedback from the. homeowners in the vicinity and wondered. if the item should be tabled. Commission Members Wippich and Pratt felt the request had been previously approved and should be approved again with appropriate' conditions decided by tho.-commis§ion. Comriiission Member Wippich stated that all three homes were.owned by Birke.land and 6vo were occupied by family rnembers. There was Jig public input at the hearing portion of.the meeting. Mayor Artig-Swomley explained that Birkeland was unable to attend the public hearing. Commission -Member Farrell introduced a motion to close -the public hearing on the lUP request. Commission Meniber Pratt seconded the. motion. All iri favor, motion approved. Thecommissiomproceeded.to discuss the matter in some detail. It was felt that the.time factor for the IUP should lie made..clear. Monson said�the-maximum allowable period allowed for.an [UP would be five years. Also,.Commission Member Wippich felt it was important that the commission be clear .that the parking lot -was for car storage. Actual *sales would have to take. placeori the CarFit lot This was also a requirement when the original IUP was granted. It was further agreed that all otfier..permits required would be.the responsibility of Birkeland, such as the paving permit, etc. Commission Member Farrell introduced a motion-toapprove the IUP request for a maximum of five years for Birkeland's parking lot, based on the lot being used for car storage, not Sales "arid the obtaining of all necessary. permits by Birkeland for the construction of his project. Commission Member Wippich seconded. the. !notion, all in favor, !notion passed. City of - Gem 1:nke-City Council Mecting Minutes NoYember3,2g21 I If, a $ c New Business • Conditional Use Permits Request by 3825 Scheuneman Road Monson presented a written report and -gave a brief summary on the request.for an accessory :structure at 3825 Scheuneman Road that had been submitted by homeowners Jeff and Ramsey James. He said the application was deemed incoinpiete; .so no public hearing -could be held tonight: He had been in discussion with the homeowners at this address to discuss.the�roject with them. They were -able -to b. present. at tonight's meeting. According -to Monsori's report, the structure, a large, tWo=story garage„ would require a variance due.to- issues with height:arid with.set=backs. The height of the -proposed.structure was 28 feet, 2 inches tall, versus the.permitted height in that zoning area of 25 feet. The proposed plans also called for the structure to be too close to both the back and side set -backs on the property. He explained that Minnesota law requires adherence to rules about hardship in order to grant a variapee.. A hardship would be: something: like an unusual feature of the property that prevented a normal.buildingto .be constructed. He saidno hardship could he identified here; so a vatxance request woWd likely have to be denied. He also stated that the footprint of the..strueture was. larger than the ordinance allowed. for. ..However., two similar requests had been approved in Gem Lake.,through Conditional Use Permits to allow for larger. garages. Submitted. plans for this structure show a 1440 square. foot footprint, versus the allowed 1,060 feet. This aspect of the requested strueture:would require a CUP to be approved. He suggested Jeff and Ramsey James reviS61beit'.request and plans and .resubmit them,. showing -a reduced height and proper set -backs. The request would then go through a review by him, followed by a public hearing for a Conditional Use Permit and a review by the Planning Commission. Depending on how.:quickly the homeowners could accomplish this task, tlje matter could possibly be.reviewed at the y December 7,.2021.Planning :Commission Meeting. Ramsey James asked if an additional permit fee. would be required and the answer was no. Open issues Related to Home Occupation Ordinance Commission Member Patrick gave a brief update on the. commissiorVa work to.update. the home. occupation ordinance, Considerable.progress has been-tuade and the commissiori hopes to wrap *up this project in the nekt. few mouths. A. report was prepared by the former planning directot,.novwretired, whielf set*the*stage fat the discussion to date. Monson offered whatever additional helpthe cbmntissibn feltwas needed. The commission is.also looking at the list of permitted uses in the Gateway Disttict'in.anticipation of future development: Nezt Meetings/Workshoa The next City Council Meeting is scheduled fot November 16,202 1 'at Heritage Hall.*The next Planning Commission meeting is scheduled for December 7*, 2021 and will probably include a public. hearing :on the accessory structure request discussed -this evenfrig: Adiournment. Being there nbfitrther business, following a. motion from :Commission .Member Pratt,'seconded by Commission Member Farrell, the meeting adjourned- at 7:58* p:m. Respeaffillysubmuled, Gretchen.4ragSwomlej, City ofGem LakrCity.Cotimil Meeting Minules Novemba 3, 2611 2 If a g u Home Occupation Ordinance Definition Home Occupation — Any gainful occupation of non-residential nature conducted entirely within the dwelling or accessory building and carried on only by the inhabitants and no more than one (1) non- resident thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes. No articles may be sold or offered for sale except as may be produced on the premises by members of the immediate family residing therein. Home occupations shall not include the repair of internal combustion engines (other than small engine repair), body shops, machine shops, welding shops, contracting or landscaping type businesses requiring on -site storage of commercial equipment or other objectionable uses as determined by the City Council. The home occupation shall not be conducted in more than twenty-five (25) percent of the floor area of the dwelling or four hundred (400) square feet, whichever is less There shall be no outside display of goods or storage of equipment or material used in the 'home occupation'. Home Occupation Section Purpose & Intent — insert purpose and intent statement here Home Occupations requiring a License Home occupations shall require a Special Home Occupation license if any of the following circumstances would occur more than 30 days each year: • Employment of a non-resident in the home occupation. • Customers or customers' vehicles on the premises. • Manufacture, assembly or processing of products or materials on the premises • More than one vehicle associated with the home occupation which is classified as a light commercial vehicle. • A vehicle and/or trailer used in the home occupation, and parked on the premises, which exceeds a one ton payload capacity. • If the home occupation produces any waste that should be treated or regulated. Home Occupations requiring a Conditional Use Permit • A vehicle used in a home occupation, and parked on the premises, with greater than a one ton payload capacity is needed. Parking of this vehicle shall only be allowed by the issuance of a conditional -use parking permit issued by the City of Gem Lake Requirements applicable to Home Occupations requiring a license or Conditional Use Permit • No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The need for off-street parking shall not exceed more than three off-street parking spaces for the home occupation at any given time, in addition to the parking spaces required by the residents. • No more than one non-resident employee shall be allowed to work on the premises. Nonresident employees who work off the premises may be allowed to visit the premises. If an on -site employee is parking on site. off -site employees shall not leave their vehicles on site If there is no on -site employee vehicle parked on site, one off -site employee vehicle may be parked on site. • No vehicle associated with the home occupation, including customers or employees, shall be parked on the street or block sidewalks or public easements. Private vehicles used by the residents shall not be included in this subsection. • An area equivalent to no more than 20 percent of each level of the house, including the basement and garage, shall be used in the conduct of a home occupation. Commented [EPM1]: Current definition from Appendix A (Us Commented [EPM21- Could have this added into the General Provisions" section of the Consolidated Land e Ordinance, or have a standalone ordinance outside of the Consolidated Land Use Ordinance. This would specify details of what is and isn't allowed in regards to Home Occupations. • There shall be no change visible off the premises in the outside appearance of the building or premises that would indicate .the conduct of a home occupation, other than one nameplate sign as permitted by Section 19.6.3 of the Gem Lake Zoning Code. • No more than 20 percent of. business income shall come from the sale of products produced off site unless approved by the City Council, • No equipment or process shall be used in such home occupation which creates noise, vibration, light, glare, fumes, smoke, dust, odors or electrical interference detectable to the normal senses off the premises. If electrical interference occurs, no equipment or process shall be used which creates visual or audlble interference in any radio or television receivers -off the premises or causes fluctuations in line voltage off the premises. • There shall be no fire, safety or health hazards. • A home occupation shall not include the repair of internal combustion engines, body repair shops, spray painting, machine shops, welding, ammunition manufacturing or sales, the sale or manufacture of firearms or knives or other objectionable rises as determined by the city. Machine shops are defined as places where raw metal is fabricated; -.using machines that operate on more than 120 volts of current. • Any noncompliance with this subsection shall constitute grounds for. the denial or revocation of the home occupation license. • Tha City Council may waive any of these. requirements if the home. occupation is located at least 350 feet from a residential lot line. The City Council may add any additional requirements that.it.deems necessary to ensure that the operation of the home occupation will be compatible... with: nearby land. uses: `'::;:.::. Permitting Procedures • Application. .o An application for a licensed home occupation shall'be..filed with the City Clerk, Upon submitting the application, the -applicant shall also pay the license fee, which shall be set by the City Council. Other costs for mailings made to adjacent property owners and publication fees shall also be charged. The Clerk,shall forward the completed license application to the Planning Commission for review and recommendation to the City Council. The City Council shall hold a public hearing on the application. Notice of the hearing shall be mailed. at least ten days prior to the date of the he to the owners of all properties located within 350 feet of any lot line of the property on which the home occupation is proposed. The notice shall also be published in the official newspaper at least ten days prior to the date of hearing. =:. v Home Occupations requiring a Conditional Use Permit shall follow the procedures for Conditional Ust .Permits -as ;specified in Section 17.5 of.the Consolidated Land. Use Ordinance, .4 Renewal. n Each person holding a license to: conduct a:. home -occupation shall apply to the City Clark each January for renewal. Prior to issuance of a license renewal, the city shall determine: that all licensing conditions and city ordinanoes.are being. met. • Revocation and Appeal. _ The City Clerk shall revoke a home occupation license whem compliance with the licensing conditions or city ordinances cannot be obtained or where the home occupation has been discontinued. Revocation may occur at any time that compliance with license conditions or city ordinances cannot be obtained. o The holder of a home occupation license whose license has been revoked by the ibity clerk may appeal the decision to the City Council. To request an appeal, a written letter.or request must be submitted to the City Clerk within 30 days of the license revocation. The. City Council shall hold a:public hearing on the appeal, using the notification procedures in section o After conducting the public hearing, the Council may revoke the license, allow the license to continue, or allow continuation with additional conditions upon the license. When applying additional conditions, the Council may direct that it receive-9 follow-up report at a time prior to the annual license renewal. • Transfer Prohibited. o No license granted for a home.occupatian shall be. transferabfe.from person to person or place to place. Transition • All persons currently conducbng.a home occupation shall have six (6) months from the effective date of this Ordinance to apply for a license or otherwise become compliant with the terms of this Ordinance. Occasional Sales in residential zoning districts • Personal vehicles, trailers, recreational equipment and sirnilaritems maybe soKin the residential areas of the City of Gem Lake if: o The merchandise sold is the personal property of the occupant or property owner. o: Sales of such personal merchandise shall be limited to no more than two (2) merchandise. items per calendar year, unless approved by the City Council. o Merchandise items:for sale shall not be placed in any portion of the public right-of-way, public boulevard. or required front yard except in a designated improved driveway. o For Sale signs on or in.the merchandise shall be limited to two (2) square feel in size, • Estate, garage or rummage sales may be in residential areas of the.:City of Gem Lake if: o Merchandise offered for. sale is the personal properly of occupant or property owner, Sales shall be limited to a maximum of four (4) consecutive days and occumng no more than two (2) times within one calendar year.per..property, unless.approved by the City Council. o Merchandise items for sate shall not be placedin any portion of the public right-of-way, public boulevard, or required front yard except in the designated improved driveway to the site where the sale is taking place. o Signs for such events shall.be:governed by Section 19 of the Gem Lake Zoning Code. Home Occupation Ordinance Definition Home Occupation — andsesendaryae the useet {he-dwe44wj-%rses+denlial purpesesNe aFtholers FAay he 6eld eFe#ered-fe sale BXGept as May be pirodueed en IhepreFAises by metIRGIude the Fepa1F of rnterraal Gembust+en engines ether than ;, body shops. rnaehine- . et wa+chever et-equ+praeatmFFnaterial Used+ra '. A use incidental and secondary to a property s primary residential use. A home occupation use shall not change the residential character of the prop( rtv or the neighborhood and shall meet all applicable legal requirements Home Occupation Section Purpose & Intent —The intent of this Ordinance is to provide opportunities for home based work with other uses permitted in the residential districts and to assure peace quiet and domestic tranquility within residential nerahborhoods Home Occupations not reguinnq a License or Permit Occupations that take place indoors and generate no traffic, and create no nuisances or noises as noticed from the street Home Occupations requiring a License: Home occupations shall require a Special Home Occupation license if any of the following circumstances apply • Occupations that have one non-resident employee • Occupations that require parking of light commercial vehicles or traders with a maximum one ton payload capacity • Occupations that result in manufacturing, processing, or assembly of products on -site • Occupations that result in customers coming to the residence, such as selling of crafts or baked goods, providing teaching or tutoring to multiple students • _ Occupations that result in deliveries of goods to the residence dame essupatk • aat#ae prerruses • McRufaetare- 0#-produstserfnatena!sorrtheFee1se6- ihe+aeme&ecupal4e0 wFuc#+sslassrhedas-al+g1 Home Occupations requiring a Conditional Use Permit • Occupations with a vehicle used a home eo6upat ow, and parked on the premises, with greater than a one ton payload capacity Reeded PaFk Rg nif this vehisle shall only be allowed bf-14e rssuaneea! a eend«lienal use Parking per+aitissued by !he G ty e! Gem -Lake-- • If the home occupation produces any waste that should be treated or regulated. Commented [EPM1]: Could have this added into the 'General Provisions" section of the Consolidated Land Use Ordinance, or have a standalone ordinance outside of the Consolidated Land Use Ordinance. If adding into the Consolidated Land Use Ordinance, could have issue of nonconforming uses arise. (�Commented [EPM2]: This is used by White Bear Township Commented [EPM3]: A home occupation such as working on the computer from your house would not need a permit or license, as it is indoors, does not generate customers or traffic, and creates no noise or nuisances as noticed from the street. Commented [EPM4]: By having a time limit, the city would have to track these for extended periods of time to determine if they would fall under this scope or not. Removing the time distinction may be easier to administer • OCcuoatrons that occupy over 50% of the residence not including attached or detached accessory structures. • Occupations that have up to x non-resident employees Requirements applicable to Home Occupations requiring a license or Conditional Use Permit • No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The need for off-street parking shall not exceed more than three off-street parking spaces for the home occupation at any given time, in addition to the parking spaces required by the residents. • No more than one non-resident employee shall be allowed to work on the premises. Nonresident employees who work off the premises may be allowed to visit the premises. If an on -site employee is parking on site, off -site employees shall not leave their vehicles on site If there is no on -site employee vehicle parked on site, one off -site employee vehicle may be parked on site. • No vehicle associated with the home occupation, including customers or employees. shall be parked on the street or block sidewalks or public easements. Private vehicles used by the residents shall not be included in this subsection. • An area equivalent to no more than 20 percent of each level of the house, including the basement and garage, shall be used in the conduct of a home occupation. • There shall be no change visible off the premises in the outside appearance of the building or premises that would indicate the conduct of a home occupation, other than one nameplate sign as permitted by Section 19.6.3 of the Gem Lake Zoning Code. ef-ffrodt+efs woduGe9-elf • No equipment or process shall be used in such home occupation which creates noise, vibration, light, glare, fumes, smoke, dust, odors or electrical interference detectable to the normal senses off the premises. If electrical interference occurs, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises. Storage of materials and goods outdoors is pr: tnted • There shall be no fire, safety or health hazards created by the Home Occupation. • Any noncompliance with this subsection shall constitute grounds for the denial or revocation of the home occupation license. • The City Council may waive any of these requirements if the home occupation is located at least 350 feet from a residential lot line. • The City Council may add any additional requirements that it deems necessary to ensure that the operation of the home occupation will be compatible with nearby land uses. Uses prohibited as Home Occupations • A home occupation shall not include the repair of internal combustion engines, body repair shops, spray painting, machine shops, welding, ammunition manufacturing or sales, the sale or manufacture of firearms or knives or other objectionable uses as determined by the city • Machine shops are defined as places where raw metal is fabricated, using machines that operate on more than 120 volts of current. Permitting Procedures • Application. An application for a licensed home occupation shall be filed with the City Clerk. Upon submitting the application, the applicant shall also pay the license fee. which shall be set by the City Council. Other costs for mailings made to adjacent property owners and publication fees shall also be charged. The Clerk shall forward the completed license application to the Planning Commission for review and recommendation to the City Council. The City Council shall hold a public hearing on the application. Notice of the hearing shall be mailed, at least ten days prior to the dale of the hearing, to the owners of all properties located within 350 feet of any lot line of the property on which the home Commented [EPMS]: Some places allow greater amounts of the dwelling to be used for a home occupation through a CUP. may be something to consider Commented [EPM6]: Some places allow this, though it can be cumbersome to administer/enforce who is working at a home occupation Commented [EPM7]: Could be difficult for the city to enforce occupation is proposed. The notice shall also be published in the official newspaper at least ten days prior to the date of hearing Home Occupations requiring a Conditional Use Permit shall follow the procedures for Conditional Use Permits as specified in Section 17.5 of the Consolidated Land Use Ordinance. • Renewal. Each person holding a license to conduct a home occupation shall apply to the City Clerk each January for renewal. Prior to issuance of a license renewal, the city shall determine that all licensing conditions and city ordinances are being met. • Revocation and Appeal. The City Clerk shall revoke a home occupation license where compliance with the licensing conditions or city ordinances cannot be obtained or where the home occupation has been discontinued. Revocation may occur at any time that compliance with license conditions or city ordinances cannot be obtained. The holder of a home occupation license whose license has been revoked by the city clerk may appeal the decision to the City Council. To request an appeal, a written letter or request must be submitted to the City Clerk within 30 days of the license revocation. The City Council shall hold a public hearing on the appeal, using the notification procedures in section After conducting the public hearing, the Council may revoke the license. allow the license to continue, or allow continuation with additional conditions upon the license. When applying additional conditions, the Council may direct that it receive a follow-up report at a time prior to the annual license renewal. • Transfer Prohibited. .. No license granted for a home occupation shall be transferable from person to person or place to place. Transition • All persons currently conducting a home occupation shall have six (6) months from the effective date of this Ordinance to apply for a license or otherwise become compliant with the terms of this Ordinance. Occasional Sales in residential zoning districts Personal vehicles, trailers, recreational equipment and similar items may be sold in the residential areas of the City of Gem Lake if: o The merchandise sold is the personal property of the occupant or property owner. Sales of such personal merchandise shall be limited to no more than two (2) merchandise items per calendar year. unless approved by the City Council. o Merchandise items for sale shall not be placed in any portion of the public right-of-way, public boulevard or required front yard except in a designated improved driveway. For Sale signs on or in the merchandise shall be limited to two (2) square feet in size. Estate. garage or rummage sales may be held in residential areas of the City of Gem Lake if Merchandise offered for sale is the personal property of occupant or property owner. Sales shall be limited to a maximum of four (4) consecutive days and occurring no more than two (2) times within one calendar year per property, unless approved by the City Council. Merchandise items for sale shall not be placed in any portion of the public right-of-way, public boulevard, or required front yard except in the designated improved driveway to the site where the sale is taking place. Signs for such events shall be governed by Section 19 of the Gem Lake Zoning Code. Commented (EPMB): Discuss how much this should or should not be regulated, and how any proposed requirements would be able to be enforced and administered by the city Gem Lake Home Occupations - Definition, Purpose and Intent Discussion Current Gem Lake Home Occupation Definition CITY GE GEM LAKE, RAMSEY COUNTY, MINNESOTA ORDINANACE NO. 131 (Defines Home Occupation, which is reference ONCE as a permitted use in ordinance No. 131) HOME OCCUPATION - Any griinful occupation of nori-residential nature .conducred entire]y «idiin .dic dwelling; or accessory building and carried.on only by the linhabitants and nomorel than one (1) non-resident thereof which use iS clearly incidental and secondary to the use of the dwelling; for residential purposes. -No articles maj be sold.cir offered For sale .except as may be produced on the. prc;mises by members of .the immediate `fiinily residing;. thcrein.'Floine occupations shall not ini:lude the; repair ..iif internal combustion eng,inbs (other than small engine repair), Body shops; machine: shops, welding; shops, Contracting or landkape :type btisinesse,; reCluiring on site storage of cornin W equipment of :Other objectionable uses as determined by the. City (;ounc11.'11)e home ciccLip It oil shall n6i be conducted in' rho re thanttwcnty-fiti e (25). percent iif the floor area of the; dxxvcliing; or.fnur hundred (4C1(1) square feet, ��°iiichever is Icss.:'1'licre tiliall be nib. nuts.idc iiispla}> of g�nt7i]s of storag;c of equipment or material used.in die " I•I0MC Occupation" Sample "Purpose and Intent" Language Current Gem Lake language: ORDINANCE NO. 85 AN ORDINANCE FOR THE PURPOSE OF REGUCATING.HONIE BUSINESSES, HOME MERCHADISE SALES AND OTHER HOME OCCUPATIONS. Current language could be expanded and clarified— some examples; City of White Bear Lake §1302.120 HOME OCCUPATIONS Subd: 1. Purpose. The purpose of this Section is to prevent competition with business districts 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.accupatio ns,.so that permitted home. occupations may be: allowed through an adrininistrative process rather than a legislative hearing. process. White Bear Township 7-11. HOME OCCUPATIONS. The intent of. the HOME.000UPATIONS section.of this Ordinance is to provide opportunities for home based work with other uses permitted in the residential districts and to assure peace, quiet and domestic trainquility.with in residentia1.neighborhoods. Home Occupation Ordinances for Review CITY OF GEM.LAKE, RAMSEY COUNTY, MINNESOTA ❑RDINANACE NO. 131 (Defines Home Occupation, which. is reference 0NCIE as. a.permitted use in Ordinance. No. 13.I) I4OME OCCUPATION - Anj? giinful pccupa[Ion .of non-residental nature conducted .enurely within the duelling. or accessory building, and carried on only by the inhabitants. andno more than one. (1) non-ri:sident thereof,.which..use .is clearly incidental and secondary to the use of the duelling For residential purposes. No.. articles may be sold car: offered. For sale except As tnay be produced on the premises by members of the immediate famiiy residing,, therein. I [ome occupations sh-,tl] not inclucle die. repair of internal co rnb.ustirm cligines (other than small . cn6rinc repair), body shops, maclunu shops, welding .shops, contractlr sg or landscape type. bustncsses requlrinl; on site storage of commercial equipment. or other objectionable uses as determined by the City Ciwncil. 'flip home occupation shall not be conducted in more.thnn twenty -fibre (25) percent of die .floor area of the dwelling or four Hundred (400) square feet, -whichever is Iess. 'Chore sh tl) be no outside display of W)ods or storage of equipment or. iriaterial used In :the "I•Iome.Occupation!' ORDINANCE NO.85 AN ORDINANCE FOR THE PURPOSE OF REGULATING HOME BUSINES5E5, HOME MERCHADISE.SALES AND OTHER HOME OCCUPATIONS. THE CITY COUNCIL OF THE CITY OF GEM LAKE CiRDAINS: SECTION 1. LICENSE REQUIRED. 1.1, Home occupations shall require a.. Special Home occupation license -if any of the following circumstances would. occur more than 3.0 days each year: a). Employment of a non-resident in the home: occupation. b) Customers or customers' vehicles on the premises.. c) Manufacture, assembly or processing of products or materials on the premises. d). More than one vehicleassociated with the home occupation which is classified as a light commercial vehicle. e) A vehicle and/or trailer used in the home occupation, and parked on the premises,.which exceeds.a one .ton payload .capacity. f) if the home occupation produces any waste that should be treated or regulated. g) A vehicle used in a home occupation, and parked on the p.rem.ises; with greater than a one. ton payload capacity is. needed. Parking of this vehicle shall only be allowed by the issuance of a conditional - use. parking permit issued by.the City of Gern Lake. 1,2 Hame occupations, requiring a license, shall be subject but not limited to the following requirements: a) No traffic shaIl.be generated. by a home occupation in greater volumes than would normally be. �. expected in a residential neighborhood. The. need for off-street parking:shall not exceed more than. Three off-street parking spaces for the home occupation at any given time, in addition to the parking spaces required by the residents. b) No more than one.non-resident employee shall be allowed to work.on the premises: Nonresident employees who work off the premises may be. aIlowed to visit the premises. If an on -site employee is parking on site; off -site employees shall not leave their vehicles on site: If there is no on -site employee vehicle. parked on site, one off -site employee vehicle may beparked on site. c) No vehicle. associated with the home occupation, including customers or employees, shall be.parked on the street .or block sidewalks or.pubIic easements. Private veh icles :used by the residents shall not be included in this subsection: d.) An area equivalent to no more than 20 percent. of each leve1.of the house,. including the basement and garage, shall be used in the conduct of a home occupation. e) There. shaII be no change visible off the premises in the outside appearance of the building or premises that would indicate theconduct of a home occupation, other than one nameplate sign.as permitted by Section 19.6.3 of the. Gem Lake Zoning Code. f) No more than 20 percent of business income shall come from the sale of products produced off site unless approved by the City Council. g). No equipment or process shall be used in such home occupation which creates noise, vibration, light, glare, fumes, smoke, dust, odors or electrical interference detectable to the normal senses off the. premises. If electrical interference occurs, no equipment or process shall be usedwhich creates visual or audible interference in any radio or television receivers. off the premises or causes fluctuationsJn fine voltage off the premises. h) There shall be no fire, safety or health hazards. i) A home.occupation shall not incl.ude..the repair of internal combustion engines, body repair shops, spray painting,.machine shops, welding, ammunition.manu.facturing or sales, the sale or manufacture of firearms or knives or other objectionable uses.as determined by the city. Machine shops. are defined as places where. raw metal is fabricated, using machines that operate on more than 120 volts of current. j) Any noncompliance with this subsection shall constitute grounds forthe denial or revocation of the home occupation license. k) The City Council may waive any of these requirements if the home. occupation Is located at least.350 feetfrom a residential lot Iine. I) the. -City Council. may add any additional requirements that it deems necessary to ensure that the operation: ofthe home occupation will be compatible with nearby land: uses. SECTION 2. APPLICATION PROCEDURE. An application for a licensed home occupation shall be filed with the City Clerk., Upon submitting the application, the appIicantshall also pay the license fee, which shall be set by :the City Council. Other costs for mailings made to adjacent property owners. and publication fees shall also be charged. The Clerk shall forward the. completed Iicense.applicatian to the Planning l: Commission for review and recommendation to the City Council. The City Council shall. hold a public hearing on the application. Notice ofthe hearing shall. be mailed; at least ten days prior to the date of the -hearing, to the owners of all properties located within 350 feet of any lot. Hne of the property on which the.home occupation. is proposed. The notice .shall also be. published in the .official newspaper.at least ten days prior to the date of Bearing: SECTION 3. YEARLY LICENSE RENEWAL. Each person holding a license to conduct a home occupation shall apply to the City:Clerk each Ja0uary for renewal. Prior to issuance. of a license renewal, the city sha.11.determinethat all licensing conditions and. city ordinances are being:met. SECTION 4. REVOCATION AND APPEAL PROCESS. 4.1 The City Clerk shall revoke a home occupa.tia.n license. where compliance with the licensing conditions or city ordinances cannat be obtained or where the home occupation has been discontinued. Revocation may occur at anytime that.comp.liance With license conditions. or city ordinances cannot.be obtained. 4.2 The holder of a home occupation license whose license has been revoked. by the: city clerk may appeal the decision to the City Council. To request. an appeal, a written letter or. request must be. 8ubmitte.d to the City Clerk within 30.days of the license revocation. The City Council sha11.hold a public. hearing on.the a.ppeal,.us.ing the notification procedures in section 2..A.fter conducting the pubfichearing, the Council may revoke: the license, allow the license to continue, or allow continuation. with: additional conditions upon the license: When applying add itiona.l conditions, the Council may direct that it receive a follow-up report at a time prior to theannual license renewal: SECTION 5. TRANSFER PROHIBITED. No license granted for home occupation shall.be. transferable from person to person or place to place. SECTION 6. TRANSITION. All persons.cu.rrently conducting a home occupation shall have six (6) months from the effective date of this Ordinance to apply for a License or otherwise become compliant with the terms of:this Ordinance. SECTION 7. OCCASIONAL SALES IN RESIDENTIAL DISTRICTS. A). Personal vehicles, trailers, recreational equipment and similar items may be sold in the: residential areas of the City of Gem Lake if; 1) The merchandise sold Is the personal property of the occupant or property owner. 2) Sales of such personal Merchandiseshall. be limited to no more than.two (2.). merchandise items per calendar year, unless approved by the City Council. 3) Merchandise items for sale shall not be placed in any Portia n of the public right-of-way, public boulevard or required front yard.:except i n a designated. improved. driveway. 4.) For Sale signs on Orin the merchandise shall be limited. to two (2) square feet. in size. B) Estate, garage or rummage sales may be held in residential areas of the. City of Gem Lake if: 1) Merchandise offered for sale is the personal property of occupant.ar property owner. 2.) Sales shall be limited.to a.maximum of#our (4) consecutive days and occurring no more that two (2) times. with in one calendar year per property, unless approved by the City Council. 3) Merchandise items for sale shall not be placed in any portion of the.public right-of-way, public boulevard, or required front yard except 1M the designated irnproved driveway to the. site where the sale is taking.place. 4) Signs for such events shall be governed by Section 19 of the Gem Lake Zoning Code, 5E.CTION 8. 5 EVERABI LITY. Should any section,. subdivision, clause .or other provision of this Ordinance be held to be invalid by any court of comPete ntjurisdiction,;such decision shall not affect the validity of the Ordinance as a whole, or of any partthereof; other than the: part held to -be invalid SECTION.9. EFFECTIVE DATE. This Ordinance shall take effect and be in force from and. after.its passage and publication. Dated: Paul Emeott, Mayor Bill Short, City Clerk City of White gear Lake 61802.120 HOME:OCCUP.ATIONS Subd. 1. Purpose.- The purpose of this Section is to prevent competition with business districts and to provide.a means through the establishment of specific.standards and procedures by which home occupatio ns 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 ".(nore sensitive" home occupations; so that perm itted.hame.occupatio ns may be allowed through an administrative process rather than a legislative hearing.process. Subd. 2. AppIication..5ubject to. the nonconforming use provision of this.Section, all occupations conducted in the home shall comply with the provisions of this Section.. This Section.shall notbe construed, however, to apply to .home occupations accessory to. farming, Subd..3: Procedures and.Permits. a) Registered Home Occupation. Any home occupation determined by tine Zoii169 Administrator to meet the specific ..provisions of Section.1302,12.0, Subdivision 4.b),.shalI be considered a registered home occupation. The Zoning Administrator is. authorized to waive the formal permit. requirements for a registered home occupation. The applicant shall register the home occupation with the city by submitting a letter of intent to the Zoning Administrator describing.the: nature of the home.occupation and consenting: to corn ply with a.11.of the provisions for a registered hom0: occupation a.nd other applicable provisions of this Code. The home occupation shall be allowed to continue until such tirn0 as there has been.a change in conditions or until such time as the provisions of this Section have been breathed. At such time as the city has reason to believe that either event has taken place, the Zoning Administrator shall determine whether the applicant shall. be required to make fo.rmalapplication fo.r a permit. (Ref. Ord. 908; 4/12/94 b) Permitted Home Occupation. Any permitted home occupation as defined in'this Code shall require a If per m. itted.home. occupation permit". Such permits shall be issued.subject to the conditions of this .Section, other applicable City Codes.and.State law. This permit may be issued by the Zoning Administrator or his agent based upon proof of compliance with the provisions of this Section. f Application. for the "permitted home occupation permit" shall be accompanied by a fee as adopted by the City Council. If the Administrator deriies.a permitted home occupation permit to an applicant, the applicant may appeal the decision to the Planning Commission. The Planning Commission 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 timeas the provisions of this Section have.been breached. At such time as the City has reason -to believe that either event has taken place, a public hearing sha11.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. c.) S Qecial 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 of in accordance. with the provisions of Section 1301.050 of this Code (Conditional Use). d). Declaration of Conditions. The Planning Commission and City -Council may impose such conditions on the grantiMg. of a special home .occupation.permit as may be.necessary to carry out the.,purpose and provisions.of this Section. e) Effect of Permit. A "special home: occupation permit" may be issued fora period of one (1) year after Which the:permit may be reissued: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 hame.occupatio n permit". f) Transferability. Permits.shalI not run. with the land and shall .not be transferable. g) Lapse .of Special Home Occupation Permit by Honuse. Whenever within one (1) year after grantinga permit the use as permitted by the.Perm it. shal.l.nat have. been initiated, then such permit shaIIbecome nu11.and void unless a petition for Oxtension of time in which to complete the work hasbeen granted by the City Council. Such extension shall be. requested in writing.and filed with theZoning Administrator at. least thirty (30.) days before. the expiration of the original permit. Thereshall be no charge for the fil'ing.of such`petition. The request for extension shall state factsshowing agood faith attempt to initiate the use. Such petition shall be presented to the Nzinn1ngCommisslon for a recommendation arid. to. the City Council fora decision. h) Reconsideratio n...Wheneve ran application for a permit has been considered: and .denied by the City. Council; a similar application for a permit affectiMg. substantially the same property shall not. be considered. again by the Planning Commission or City .Counci1.for at least six (6) months from the date of its denial unless a decision to reconsider such matter is made by a majority vote of the City Council. i) Renewal of Permits. An..applicant. shall not have a vested: right:to a perm it: renewal by reason of having obtained. a previous permit. In applying for and accepting a permit, the permit holder agrees that his monetary i ivestment Jn 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. perm it has been granted. The -prev'iou5 granting of ren.ewa.I of a permit shall not constitute a. precede nt.ar basis for the renewal of a permit. (Ref; Ord, 908;4/12/94) Subd. 4. Re u1rement General Provisions. All home occupatio ns.shaII comply with the: following general provisions and according to definition, the applicable require ment.provisions, a) General Provisions. 1) No home occupation shall prod uce.light. glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property, 2) N.o equipment shall be used in the home occupation which.wiII create .eIectricaI interference.to surrounding properties. 3) Any home .occupation shall be clearly incidental and secondary to the residential use.of the premises, should notch a nge 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.e.g6ipment or materials. used in the home occupation, except licensed passenger vehicles used in the home occupation may be parked on site provided they are in accordance to .§1302.03b., Subd..15, Exterior Storage. and §13.02.050,.Off-Street.Parking Requirements. (Ref. Ord. $71, 6-9-.92) 6) The home occupation shall meetall 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 with the exception of directional and identification business signs to the extent authorized by the City's Sign Code. 8) Alf 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 contained entirely within the principal building and.will not: require any on-street.parking facilities. 10) Commercial vehicles utilized in the home occupation small be stored according to Section 1302.030, Sub.d. 15, Exterior Storage, Section 1302.050, Off -Street Parking Requirements; and 1302.055,; Permitted Storage. f Ref. Ord. 871, 6-9-92, 10-1-1062, 1/12/10) b) Requirements -Registered Home Occupation. The Zoning Administrator is authorized to waive the permit requirement if the hom.e:occupatio n can be conducted s.ubject.to the follow ing restrictions: 1) No goods or services shall be produced or provided which require customers or clients to visit the premises. 2) The home occupation shalt be conducted entirely within the principal. dwelling, 3) No signs shall be..permitted on or off the premises. 4) No person ot:herthan those who. customarily reside on the premises shall be employed. 5) No commercial vehicles shall be utilized. in conducting the home occupation, with the exception of pick up or delivery of materials by parcel delivery services. 6).1n addition to 1 through.5 above, the hoMe.occupatio n shall be conducted in compliance with the standards of Subdivision 4 a), General Provisions, of this Section. Where the provisions a.re found to conflict, the more restrictive standard.shall apply. (Ref, Ord. No. 908; 4/12/94) c) 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 dernand.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).Permitted home occupations. include and are limited to: Art studio, contractor's offices, dressmaking, s.ecreta.rial services, prof ess.ionaI offices and teaching with musical, dancing an.d..othe.r instructions which consist of no more than one. (1) pupil at:a time.and similar uses. (Ref. Ord. 871,.6/.9/92) 5) The home occupation shall not. involve.any of the €ollowing: repair service or manufacturing which requires e.quipme.nt.otherthan customarilyfound in a dwelling; teaching which custom..arily 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. d) Requirements 4 Special -Ho me_Occupatio n. 1) No person other than a resident shall conduct the home .occupation; exceptwli.ere.the applicant can sa.tisfa.ctorily prove unusual or unique conditions or need for nonresident assistance and that this exception would not compromise the intent. of this Code. 2) Examples:of special home occupations include: Barber and beauty services, contractorfabrication of materials being:conducted in an accessory structure, photography studio,. group lessons, saw sharpening, small appliances and small engine repair and the like. (Ref: Ord. 871, 6-9-92) 3) The special home occupation may involve any of the following: retail .business,.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 of musical,. dancing and other instruction of more than one. (1) pupil at a time.. 4) Special home occupations may be allowed to accommodate their parking demand through ,utilization of on -street parking. In such cases where on. street park! ngfaciIities.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... 5ubd. 5, Nonconforming Use. Existing home. occupations.lawfuliy existing on the date of this. Code may continue. as nonconforming 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 thl ty (3O) days, ! or is in via latlpn o€the Code provisi?ons.-under which it was initially established shall be brought -into co nfo rm ity with the. provisions of this Section.. Subd. 6. inspection. The Clty of White Bear Lake herelayy reserves the right upon istuhig ariy home occupation permit to inspectthe-preniises in which.the:occupatton is befng conductetl*to.insure compliance with the provisions of this Section orany.conditiont�-addifionally imposed, White Bear Township 7.-11, HOME QCC0PATION9-1,The intent of -the HOME OCCUPATIONS section of this Ordinance is to provide opporturilties for home based.work with other..uses permitted in the residential disiriOs and to assure peace, -quiet and domestic Tranquility within residential neighborhoods. 7-11.1, STANDAft!JS. All home occupations are subject to. the following standards. 7-11.1(a):-No equipment or machinery shall be used in the homeoccupation which will create electrical interference to surrounding properties. 7-41.1(b). 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 be compatible with the surrounding residential. uses. 7-11.1(c). No home occupation shall require internal or external structural alterations or involve amstdiction features not customarily found in dwellings except where required to comply with local .and state fire and police recommendations.. 7-11..10). There shall be no exterior storage -of equipment ormaterials used in the home occupation, -except personal vehicles; -outside storage of vehicles shall cornplyWlth Section 7-6.2.of this Ordinance. 741.1(e). The home occupation shall .comply with the provisiorts:of Ordinance No. 8 (Building Code), and Ordi.nance.No.46 (Uniform Fire..Code.). 7-11.l f): There shall. be no: exterior evidence of the home occupation other than signs which are in conformance with Ordinance No. 33 (Sign Ordinance). 7-11.1(g). All home occupations shall comply with the -provisions of Ordinance. No. 16 (Public Nuisances). 7-11.1(h). No home occupations shall be conducted between the hoyrs of.9--00 p.m. to 6:30 a.m., Monday:through Friday, after 6;00 p.m. on Saiurday or.atanytime on Sunday, except as, provided in Section 7=11.1(m) or unless said occupation is contained entirely within the.principal dwelling and will not require any on -site parking facilities. ,741:1(i). No home. occupation shall generate traffic in volumes greater than would normally be expected in a residential neighborhood. 7-11.1(j). Sewer and water use and refuse generation shall not exceed.normal residential -use. 741A(k). Ahy constructloO, :alteration, or electrical or rnechenlcal.equipment shall not chabse1he fire. rating of the stricture. 7=11.1(1)..The. maximum number of business: visitors shall not exceed eight vehicle trips per 60 minute periQds or 20 vehicle:trips per day. One vehicle-trlp.shall include both arriving and departing: 7-11.1(ni): Gatherings for the purpose of selling MLarchandise, taking orders or providing train ingfdrsale or.marketingshall hot be held more1han twice per -Month and shall cease prior to 9:00 p.m. and shall not have more than.ten passenger automobiles with.not more than six passenger automobiles parked ( on the. street with all on -street parking to occur on one side of the street only. 741.1(n). GARAGE SALE. No more than two (2) per calendar year and Shall not exceed a total of six (6) days per calendar year. 7-11.1(o). IN -HOME CRAFT SALES (BOUTIQUES). An in -home craft sale (boutique) shall be allowed as a home occupation subject to.the following requirements: 1. Sales shall be limited to no more. than 8 consecutive days or a total of .10 days per calendar year.. 1. No. m.oreAhan one paid employee shall be permitted.. 3.. There shall be a minimum of 2 lighted exits. 4. Any sign used for adve.rtis.ing shall meet the requirements set forth in Ordinance No, 33. (Sign Ord€nance). 5. Customer parking shall be limited. to one side.of the street for ail streets adjacent to the residence. The Town.s.ha. 11 post the "No. Parking" signs.. 6. Sales: shall be limited to no more than 10 hours per day between the hours of 8:00 a.m. to 8.00 P. 7. The. Town shall be notified of the .dates of the: sale. S. All State, Federal and local laws shall be complied with. 9: Ahy in -home craft sale (boutique) which cannot comply. with these requirements may apply fora Conditional Ho:m.e Occupation.Perm. it as established in.Sectio'n 9-4 of Ordinance No. 35 (Zoning Ordina.nce). 7-11.2. PERMITTED HOME OCCUPATION STANDARDS. Home occupations listed in Section .6-4 (Perm itted.Uses) shall be permitted if operated in compliance with all of the conditions established in Section 7-11:1, and the following conditions: 7-11.2(a.), No person other than those who.custom arily reside on. the. premises shall be employed. 7-11.2(b),.AII permitted home.occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings, attached or detached garages, 7-11.2(c). Permitted home occupations shall.not create a parking. demand in excess of that which can be accommodated €nan.ex.isting driveway, so that no vehicle. is.. parked. closer than three (3) feet from the curb lineor edge of road surface. 7-11.2(d). REPEALED. By Amendment to Ordinance.35.. 7-11.3. SPECIAL HOME OCCUPATION STANDARDS. Home occupations not classified as. a Permitted Home occupation pursuant to Section 7-11.2,.shall be classified as Special Home Occupations. Special Horne Occupations shall require a.Special Home Occupat !on.Permit which. may be. approved or denied by the Town Board, after recommendations by the Planning Commission. Special Home Occupations must be in complian.ce.with all ofthe standards established in Section 1 11.2, except for those superseded by the following provisions: 7-11.3(a). No. person.other than a resident and one employee.shaII conduct the home occupation. 7-11.3(b). The.home occupation maybe conducted in the principal dweII!ng.and one.accessory building or in the garage. 7-113(c)..Speciai Home Occupation Permits shall not run with the land. Such permits shall be -issued to specific persons and shall not be transferable.. 7-1L3(d). For residential properties when the home is, no less. than 1/3 mile from.any:other home, more than one employee ma:y conduct the home occupation. 7-11.4. PROCEDURE. 7-.11:4(a). Special Horny Occupations shall be: processed in accordance.w.ith the application, review and performance requirements of Section 9-4 (Conditiona1.U.se Permits Procedure)..Applications for Special Home O.c.cupatio ns shall be. accompa.nled by a fee established by Town Ordinance.. 7 11.4(b}: In addition to the requirements of.Sect! on.9-4 (Conditional Use. Permit Procedure), the Town Board may impose such conditions as deemed necessary to the approval of any Special Home Occupation Permit, based upon the health; safety and welfare of the. Town, in order to carry out the purpose and provisions of this Section. 7-11.4(c). Upon approval of:a. Special Home. Occupation Permit, a business license shall be issued for the balance: of the calendar year, and renewed for periods of one year each. All applications for business license renewal shall be processed administratively by the Town Clerk and shall be accompanied by a fee. established% by Tow n.0rdinance. Failure of a licensee to renew a business license shall result in notice and hearing by the Town Board for revocation of the licensee's Zoning Certificate. 7-11.4(d).. If an application for a Special Home Occupation Permit is denied, no. proceeding for a Special Home Occupation Permit.1nvolving the same property and the same Business shall be initiated within one (1) year from the date.of its denial, unless authorized by the Town Board. 7-.11.4.(e). The Town Board. reserves the right, upon issuing any Special.Ho.me. Occupation Permit, to inspect the premises in which the occupation is tieing conducted, to insure compIlance with the provisions of this section. or any Conditions.additionaIly imposed.. 7711.4(f). Failure of a Special! Home Occupation permittee to comply with the provisions of this section or any conditions imposed in the Zoning Certificate, shall result in the revocation of such permit, after notice and hearing by the Town Board City of Shoreview 207.020 Home Occupations. Home occupations trust comply with the following standards: (A)NO. signs shall be permitted on or off the. premises. (6)No outdoor storage or display of mate riaIs. sha11. be permitted.. (Q.No home occupation shall have an adverse affect on adjacent properties clue to excessive traffic or offensive.noise, light, odor,.dust or other noxious substances. If the. home occupat ion..wilI require a delivery service; such as UPS,.no more than six delivery/pickup tr..ips per week:sha11 be permitted:. Delivery vehicles. shall not be larger than a typical step van. Customer visitation to the premises of the .home. occupation shall be: by appointmen.tonly. (D)Adequate off-street parking must be. provided. for custorers and for those who reside on the premises.,411.required parking spaces shall be located :on an asphalt or bituminous surface, which is in character with the. surrounding residential neighborhood. (E) Employment shall be restricted to persons who reside on the premises. (F) If customers will visit the premises, the areas accessible. to customers shall comply with all applicable life safety codes. (G)The home..occupatio n: must be;clearly accessory to the principal .use of the structure as a dwelling unit. (H)There: shall be no exterior evidence of the presence of the home occupation on the premises. 0) The home occupation shall not.occupy more than.20.%. of the dwelling unit's floor area. 207.030 Temporary Sales or Events. Temporary sales.or.events must comply with the. following standards: (A) Health, Safety, and Welfare. the proposed sale or event shall not cause a public..nuisa:nce because of noise, .air pollution, traffic.congestion, or failure to properly maintain the site. Any proposed temporary sale. or event shall comply with all relevant.bui.lding,.fire, a.nd:safety codes. (9) Location. Temporary sales or events. may be. located on land .associated with commercial, public, or quasi -public uses, Seasonal residential sales may only be permitted within residential. districts: (C) Duration. Temporary sales by temporary vendors or established merchants. maybe permitted for up .to seven (7) consecutive days. SeasonaI residential sales are permitted for up to four (4) consecutive days. Seasona1.sales.Of seasonal me.rchan.dise or sales are permitted for up to sixty (W). days.. Carnivals or fairs. may be permitted for up to seven (7) consecutive days. These durations shou€d be considered maximums and permits issued may be approved for shorter durations if necessary to protect public health, safety, and.welfare. These durations may be extendedby action of the City Council after review by. the .Planning Commission. (Q) Hours of Operation. Hours of operation for temporary sales.and events must be between 7:00 a.m. and 10.06 p.m. (E) Parking and Traffic. Ample parking must be provided on site to accommodate expected visitors. The sale or event.shaII not cause a traffic hazard. (F) Signage. A maximum of one sign is. permitted per temporaryevent. Thig sign.shaII be located on private. property (not.in the public right=of-way:). The sign shall not exceed 32 square feet in area or 6 feet in height. The sign location shall not interfere with intersection s ight: d ista n ces or cause a. traffic hazard. (G) Site Maintenance and Restoration:.The applicant shall be responsible for maintainirig. and clearing the site utilized for the temporary sale or.eve.nt.and restoring it to its prig naI.condition. If the City Manager determines that it is necessary, the applicant may be required to post a financial security to ensure site maintenance and/or restoration City of Map [a Grove, MN NOTE: Nome Occupations are not required to register with. the City: of Maple Grave, however you should check with. the Minnesota Department of Employment and Economic Development regarding starting a business http://mn,gov/deed/ Sec. 36-3. w Definitions. Garage; private, means an accessory building (detached. garage) or integral. accessory portion of the principal building (attached garage). which is intended far and used to store the private passenger vehicles and trucks, not exceeding 12,000 pounds gross weight,:of the families resident upon'.the premises, and 1n which no business; seryice .or industry is carried on. Home occupation means. a vocation, avocation., or profession satisfying all of the following requirements: (1) Evidence of the vocation;..avocation, or profession is not.visiblefrom the street or any other property (unless the vocation, avocation, or profession is gardening), (2) The vocation, avocation; or profession must be conducted within a dwelling; and.entra.nce to the. vocation, avocation, or profession must be gained from within the dwelling. (3.) Only the occupants of the dwelling; building or parcel and employees may work on the property in furtherance of the vocation, avocation, or profession. a. No one other than the occupants, one employee,.customers,dnd delivery and.service personnel shall.. enter or be upon .the property at any given time to Help the occupantsconduct; operate, carryout, or perform the vocation, avocation, or profession. b. For purposes of this.definition, the term "occupant" shall mean a person who resides an the premises as a principal place of abode,. Evidence. of such arof.lack the reof.shaII include, but not be limited to, a persons. driver's license; motor vehicle registration, a.nd the. land title records of th0.co uhty. c.. For purposes of this definition, th.e term "employee" shall mean.a person who assists the:occu.pant in the vocation,. avocation, or profession..Under no circumstances shall there be more than one.employee working on the.premises.:at one time.. Na employee or combination. of:employees shall work. on the premises for more than 40 hours in any one. week. (4) At no time shall the vocation; avocation; or profession generate traffic.or parking.that exceeds the type andlevel which typically service single-family residences, and.. suchtraffic a.nd.parking shall not constitute a nuisance or a safety hazard. (5) There shall be no over-the-counter sale of merchandise produced off the premises, exce pt. for th ose products that are not.m.arketed and sold.in wholesale or retail outlets. (6) In. no instance shall the vocation, avocation, or profession adversely affect the character of the uses permitted in. the ?oning district in which the property is located or violate any statute ar.ordinance or any rule.enacted pursu8rit to authority contained therein. (7) The .term "home occupation" does not. 1nc.lude massage services regulated pursuant to chapter 10, article 'VII, or any sexually oriented business. City of Maplewood, MN Home.Occupation. A home occupation is any business that a.resident runs from. their property; The business must be secondary to the residential use of the property. The City requires. a license approved .by the City Council if any of the fallowing activities occur more than 30 days...each year on the. property: 1. Employment of a. nonresident, 2. Customers or customers' vehicles. coming to the property. 3. Manufacture, assernbiy or processing of products or materials. 4. Parking mo.re.than 1 vehicle used in the. home occupation which the City classifies as a light commercial vehicle. A light commercial vehicle has.:a payload rating. of 3/4.-ton or less and a. snowplow, glass carrier; crane orsimilar commerciafattach ment. 5. Parking a vehicle used in the home occupation which exceeds a 3/4-ton payload capacity. 6. The bus'iness.produces. any waste that should be treated or regulated, Application & Submittal Requirements Please refer to the Home Occupation License Application (PDF) for submittaI.requirements, NOTE. Theapplication is a 6-page form. The fee.is..$1,385. From 10/19/2021 Planning Commission Report to the City Council - Don Cummings Home Occupation issuewilI require some preparation from professional staff in order to hold a. Public Hearing. Some older cities (Maplewood, White. Bear Lake) have developed. lengthy., ever expanding definitions and extensive controls to regulate Home Occupations. Other cities (Maple Grove}. have moved to very short — but restrictive -- definitions of permitted Home Occupations with no provision for conditional use or licensing of non -permitted business uses of homes in residential areas, Gem Lake needs a Home Occupation update: Home Occupation is defined only briefly 1n the Land Use Ordinance 131 Appendix and referenced only once in the Land Use Ordinance.itself, making it a Permitted Accessory Use in all residential districts. We. do have. a fairly comprehensive Home Occupation ordinance but 1t addresses only the subset of possible Home. Occupations that need licensing, potentially implying all other Nome Occupations do not.. ( 7o hold a public hearing, I think we need. to shpw specific la.nguage explaining both permitted and conditional (iicensed) Home Occupation uses and where new language would be incorporated into our ordinances. '1 don't think this should.be.done.:"live'' by commissioners at a public hearing, Re: Gem Lake Home Occupations On Fri, Dec 3, 2021 at 4:54 PM Evan P. Monson <evan.manson(d)tkda.com> wrote: Don, I put together some information regarding home occupations in the attached PD,F. If you want to discuss it more on Monday, let. me know. Apart from streamlining the definition; and figuring out what should need a permit or:not, I think.you guys are on track already. I have unfortunately not had a lot of time since returning from vacation: but hope this can help guide the commission forward towards a final product. I'II try and get a rough draft ordinance put together for Tuesday night, showing everything in a more. code -like format. Evan Monson I Planner 444 Cedar Street, Suite 1500, Saint Paul, MN 55101 P 651.726.7979 .I C 651.308.00315 e_v_an, monson(dtkda. corn tkda.com Re: Gem.Lake: Home Occupations Monday, Dec 6, 2021 Don Cummings dic.msp[a amaii:corn Evan, Thanks for putting this information: together.. This helps move us forward. What you've provided gives us plenty to discuss: We have some good references for "Purpose and Intent:" Some additional structure would be helpful, e.g., 1, It might be helpful to show the current definition Gem Lake is using in contrast with the.samples, 2. Then, if the current definition should be moved or replicated in the main land use ordinance (rather than just in the appendix). 3. Finally, a list of specific items in the existing licensed use conditions. that could be eliminated or simplified and whether any additional conditions should be added. The goal is to make the City's policy clear acid up-to-date while covering as many potentially troublesome situations as possible with a few succinct rules. What could be easier? ;-}, If you can provide any additional structure for tomorrow's discussion; it will make it easier to prepare the formal ordinance language for the Public Hearing. If you have any formal language options we should consider or that you'd recommend, that would be even better. Please call to discuss later today or anytime tomorrow. Thanks,. Don Curnmings City of Gem Lake. Planning Commission 612-991-9099