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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 Ordinance Amendment No. 232 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 Ordinance Amendment No. 232 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. Ordinance Amendment No. 232 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. Ordinance Amendment No. 232 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. Ordinance Amendment No. 232 Page 6 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.