City Council Ordinance 232ORDINANCE AMENDMENT NO. 232
THE CITY COUNCIL OF MONTICELLO, MINNESOTA, DOES HEREBY ORDAIN THAT
CHAPTER 3 OF THE MONTICELLO ZONING ORDINANCE BE AMENDED BY ADDING
SECTION 11, HOME OCCUPATIONS, AS FOLLOWS:
3-11: HOME OCCUPATIONS:
[A] 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 occupations so
that permitted home occupations may be allowed
through an administrative process rather than a
legislative hearing process.
[B] Application. Subject to the non -conforming use
provision of this section, all occupations
conducted in the home shall comply with the
provisions of this section. This section whall not
be construed, however, to apply to home occupations
accessory to farming.
[C] Procedures and Permits.
1. Permitted Home Occupation. Any permitted home
occupation as defined in this section shall
require a "permitted home occupation permit."
Such permits shall be issued subject to the
conditions of this section, other applicable
city code provisions, 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. Application for the permitted home
occupation permit shall be accompanied by a
fee as adopted by the Council.
If the Administrator denies a permitted home
occupation permit to an applicant, the
applicant may appeal the decision to the City
Council acting as the Board of Adjustment and
Appeals, 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
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Page 2
provisions of this section have been reached.
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 Council shall make a final
decision on whether or not the permit holder
is entitled to the permit.
2. Special Home Occupation. Any home occupation
which does not meet the specific requirements
for a permitted home occupation as defined in
this section shall require a "special home
occupation permit" which shall be applied for,
reviewed, and disposed of in accordance with
the provisions of Chapter 22 of the zoning
ordinance.
3. Declaration of Conditions. The Planning
Commission and the Council may impose such
conditions of the granting of a "special home
occupation permit" as may be necessary to
carry out the purpose and provisions of this
section.
4. Effect of Permit. A "special home occupation
permit" may be issued for a 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 will be
reviewed by City staff. City staff will
determine whether or not it is necessary to
process permit renewal in accordance with the
procedural requirements of the initial special
home occupation permit. Staff determination
will be made based upon the manner of
operation observed by staff and based upon the
level of complaints made about the home
occupation.
5. Transferability. Permits shall not run with
the land and shall not be transferable.
6. 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
Council. Such extension shall be requested in
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Page 3
writing and filed with the Zoning
Administrator at least thirty (30) days before
the expiration of the original permit. There
shall be no charge for the filing of such
petition. The request for extension shall
state facts showing a good faith attempt to
initiate the use. Such petition shall be
presented to the Planning Commission for a
recommendation and to the Council for a
decision.
7. Reconsideration. Whenever an application for
a permit has been considered and denied by the
Council, a similar application for a permit
affecting substantially the same property
shall not be considered again by the Planning
Commission or 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 Council.
8. Renewal of Permits. An applicant shall not
have a vested right to a permit renewal by
reason of having obtained a previous permit.
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 reviewed
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.
[D] Requirements: General Provisions. All home
occupations shall comply with the following general
provisions and, according to definition, the
applicable requirement provisions.
1. 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.
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Page 4
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. 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.
e. 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.
f. The home occupation shall meet all
applicable fire and building codes.
g. 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 an identification sign which is
limited to identifying the name of the
resident only.
h. All home occupations shall comply with
the provisions of the city code.
i. No home occupation shall be conducted
between the hours of 10 p.m. and 7 a.m.
unless said occupation is contained
entirely within the principal building
and will not require any on -street
parking facilities.
j. No home occupation shall be permitted
which results in or generates more
traffic than one ( 1) car for off-street
parking at any given point in time.
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Page 5
[E] 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
building and may 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 as defined in Section 3-5 [F] 61
where no vehicle is parked closer than fifteen
(15) feet from the curb line.
4. Permitted home occupations include and are not
limited to: art studio, dressmaking,
secretarial services, foster care,
professional offices and teaching with
musical, dancing, and other instructions which
consist of no more than one pupil at a time
and similar uses.
5. The home occupation shall not involve any of
the following: repair service or
manufacturing which requires equipment other
than found in a dwelling; 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.
[F] Requirements: Special Home Occupations.
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 intent of this chapter.
2. Examples of special home occupations include:
barber and beauty services, photography
studio, group lessons, saw sharpening, skate
sharpening, small appliances and small engine
repair and the like.
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3. The special 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.
4. Non -Conforming Use. Existing home occupations
lawfully existing on the effective date of
this section 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 180
days, or is in violation of the provisions of
this chapter under which it was initially
established, shall be brought into conformity
with the provisions of this section.
5. Inspection. The City hereby reserves the
right upon issuing any home occupation permit
to inspect the premises in which the
occupation is being conducted to ensure
compliance with the provisions of this section
or any conditions additionally imposed.
Adopted this 10th day of August, 1992.
mayor
r
City Admin trator
Published in the Monticello Times on 9/10/92.