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HomeMy WebLinkAboutSP April 15, 1997 '\ / " o 'J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Special City Council Meeting Tuesday, April 15, 1997 6:15 PM 1. Call to Order 2. Non-Conforming Home Occupations 3. Adjournment at 7:00 PM \ "J CITY of ANDOVER To: From: Subject: Date: City Council Jeff Johnson, Zoning Administrator Non-Conforming Home Occupations April 1 , 1997 Please find attached materials to review prior to our April 15, 1997 City Council meeting. As you are aware, this meeting will begin at 6:15 p.m. and the issue of home occupations will be discussed. Staff has had the opportunity to review the comments of the Council over the past few months regarding home occupations. A revised draft of this ordinance is being brought forth for you to consider (see attached draft ordinance) in which staff believes is a more fair approach. . " '-J The concept of this ordinance is to allow all non-conforming home occupations (existing prior to May 15, 1990) to obtain a Special Home Occupation Permit. This permit is granted administratively as opposed to receiving a permit through a hearing process. All non-conforming home occupations would be granted this permit. A Special Home Occupation Permit application (see attached application) would have to be completed by the resident conducting such occupation. Upon completion of the application, the applicant would enter into an agreement with the City that outlines the conditions as stated in the application. These conditions would have to be adhered to. The non-conforming home occupation use would be required not to increase in size or manner of operation (as stated in Ordinance No.8, Section 4.03 - Non-Conforming Uses and Structures). In regards to complaints, staff believes that every complaint should be investigated as long as it is considered to be valid. The types of complaints received by staff should be nuisances (noise, odor, etc.), health/safety concerns, or should be related to the conditions of the permit. This eliminates the complaints based on personalities and other matters. . " If the property owner is unwilling to cooperate with staff to correct such complaint over a reasonable time period, the permit for such home occupation may be subject to revocation and legal action. 'J Please review and comment. / CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, THE ZONING ORDINANCE OF THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: Ordinance No.8 is hereby amended as follows: 4.30 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 non-conforming or customarily "more sensitive" home occupations, so that non-conforming home occupations may be allowed through an administrative process rather than a legislative hearing process, OJ) Procedures and Required Permits, 1) Permitted Home Occupations. All home occupations which conform to all of the following provisions may be conducted entirely within the principal structure. Home occupations shall not be conducted in a garage or accessory building unless the property owner conducting the home occupation has obtained a Special Use Permit as stated in Section 4.30(B)(2) or has obtained a Special Home Occupation Permit as stated in Section 4.30(B)(3). a) The number of employees shall be limited to one (1) person on site in addition to family members. b) The area within the principal structure used by the home occupation shall not exceed twenty (20%) percent of the dwelling's livable floor area, Basements may be included if they meet all Uniform Building Code requirements for ingress and egress. / 1 c) On-site sales shall be prohibited, except those clearly incidental to services provided in the dwelling. / d) Any interior or exterior alterations of a dwelling for a home occupation shall be prohibited, except those customarily found in a dwelling. e ) Vehicles associated with a home occupation shall be limited to one (1) vehicle on the premises as stated in Section 8.08. f) Unusual parking and traffic patterns shall not be created, which are not normally found in the neighborhood, and in no case, shall the need for more than three (3) additional vehicles be created on the property. g) Signs shall be regulated as stated in Section 8.07. h) Permitted home occupations include and are limited to: art or photo studio, dressmaking, secretarial services, professional offices, repair services, or teaching limited to three (3) students at anyone time and similar uses. i) 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. / j) The home occupation shall be conducted by at least one (1) member of the family who resides in the dwelling unit. k) The home occupation shall meet all applicable fire and building codes. 2) Home Occupations Located in an Accessory Structure or Requiring Exterior Storage. A Special Use Permit shall be required for the following home occupations that are located in a detached garage or accessory structure, and/or requires exterior storage: a) Cabinet Making b) Woodworking c) Repair Services These home occupations shall be subject to the following provisions: a) The size ofthe lot or parcel ofland shall be three (3) acres or larger. b) The combined square footage of the accessory structure and/or outside 2 I storage area utilized by the home occupation shall not exceed eight hundred (800 s.f.) square feet. c) Setbacks of the accessory building and/or outside storage area shall be of a magnitude found necessary by the City, but in no case shall it be less than one hundred (100) feet front yard setback, thirty (30) feet side yard setback and fifty (50) feet rear yard setback or as required in Section 6.02. d) The outside storage area and all vehicles, materials and equipment being stored on-site shall be fenced, landscaped and screened in such a manner as to prevent it from being visible at any time ofthe year from road right- of-ways, public properties and surrounding properties. e) All provisions in Section 4.30(C). 3) Non-Conforming Home Occupations. All residents that are conducting a home occupation or business that does not conform to the standards stated in Section 4.30(1) and (2) and have conducted such business at their residence in the City prior to May 15, 1990 must make application for a Special Home Occupation Permit (an administrative permit) and shall comply with the following provisions: / a) The resident conducting such non-conforming home occupation shall demonstrate proof to the City that they have conducted such home occupation at their current address or residence prior to May 15, 1990. b) Complete a Special Home Occupation Permit application which documents the following relevant activity or conditions located on-site: 1. Description of home occupation. 2. Number of employees. 3. Location and area within principal structure and accessory buildings utilized by home occupation. 4. Location and size of exterior storage (all exterior storage shall comply with Section 8.01 screening requirements). 5. Intended days and hours of operation. 6. Number and types ofvehic1es. 7. Any other relevant activity. c) Upon completion of such application, the applicant shall enter into an agreement with the City (City Attorney will assist staff to draft an model agreement so the Council can review) that outlines the above conditions or current activity. The conditions as stated in the agreement shall be adhered to and cannot be increased or enlarged (See Section 4.03 3 j - Non-Conforming Uses). The home occupation shall not increase in extent, number, volume or scope from any of the conditions or the permit will be subject to revocation. (C) Special Use Permits. Special Use Permits granted by Section 4.30(B)(2) shall follow the criteria established in Section 5.03, Special Uses General Statement. These permits shall be valid for one (1) year from the date of issuance (unless otherwise specified in the resolution for approval) and thereafter shall be automatically renewed each year unless objections or complaints are received, or the conditions of the permit are not adhered to. (D) Special Home Occupation Permits. Special Home Occupation Permits granted by Section 4.30(B)(3) shall be temporary in nature, and shall be granted to a designated person who resides at the address the home occupation is being conducted. These permits shall not run with the land and shall not be transferable. Special Home Occupation Permits shall be automatically renewed each year unless objections or complaints are received, or conditions of the permit are not adhered to. , / If the Special Home Occupation Permit holder dies or moves to new location, the existing permit shall automatically terminate, except in the case of death, a surviving spouse, residing at the same address desires to continue the home occupation, written notice to that effect shall be given to the Planning and Zoning Department, and authorization shall be given for continuation of that permit. E) Complaint Procedure for Home Occupations with Special Use Permits or Special Home Occupation Permits. Complaints filed with the Planning and Zoning Department in reference to a home occupation that has been issued a permit from the City shall be one (1) or more of the following types. Complaint Types 1. Nuisances (light glare, noise, odor or vibration, etc.). 2. The health, safety, welfare or the integrity of an individual is put at risk. 3. The conditions of the permit are not adhered to. Upon determination that the complaint is of type stated, staff will investigate said complaint(s) and notify the permit holder or resident conducting the home occupation. 4 Such notification will state the nature of the complaint(s) and the corrective action(s) to be taken. If compliance is not achieved during a reasonable time period, the permit will be subject to revocation as outlined in Section 4.30(H). The permit holder will be required to cease operation and/or comply with the provisions as stated in Section 4.30(B)(1). (F) Inspections. There may be one (1) annual inspection each year made by the City Administrator or Administrator's designee of the property covered by a Special Use or Special Home Occupation Permit. In addition, the City Administrator or the Administrator's designee, shall upon reasonable request enter and inspect the premises covered by said permit for compliance purposes. (G) Vested Rights. " No home occupation allowed by a Special Use Permit or Special Home Occupation Permit shall confer upon any person or to the benefit of any property owner any vested right to that use rather the use shall remain subject to all conditions ofthe permit as established by the City. The City may find it necessary from time to time to review the conditions ofthe permit as they relate to the provisions ofthe general welfare of the community. (H) Revocation of Special Use Permits or Special Home Occupation Permits, When the City Council determines that the public interest so requires, it may revoke or suspend the Special Use Permit or Special Home Occupation Permit of a home occupation when it finds, after due investigation and a public hearing that: 1. The permit holder or any of his or her employees have concealed the receipt of stolen property or have knowingly received stolen property. 2. The permit holder has not complied with the provisions ofthis ordinance applicable to the premises, equipment or operation ofthe home occupation. 3. The permit holder has obtained a permit through fraud or misstatement. 4. The home occupation is being conducted in a manner found to be detrimental to the health, safety, or general welfare of the public or is a nuisance, or is being operated or carried on in any unlawful manner. 5. The home occupation has not been operating or in business for a period of six (6) consecutive months. 5 J (I) Illegal Home Occupations, All home occupations that are being conducted in violation of this ordinance are illegal. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with State law. Adopted by the City Council of the City of Andover on this _ day of 1997. Attest: City of Andover Victoria V olk, City Clerk 1. E. McKelvey, Mayor / , / 6 J NON-CONFORMING SPECIAL HOME OCCUPATION PERMIT APPLICATION Name of Applicant Address City State Zip Home Phone Work Phone Signature Date Legal Description or PIN # Is the property connected to City sewer and water? Yes No Do you own or rent this property? Own Rent Current Zoning / 1 / If additional space is needed to adequately answer any of the following questions, answer on a separate sheet of paper or on the back of this application. Please number your answer to correspond with the question. 1. Describe the non-conforming home occupation and the activities involved on and off-site. 2. How many total employees engaged in the home occupation will be working on-site or on the property where the home occupation is being conducted? Total number of employees 3. If the home occupation is being conducted inside the home (please indicate size or square footage inside home that is utilized). Size of area within principal structure utilized by home occupation _ s.f. 4. Will the home occupation be carried out in a garage, shed, or any other part of the property other than the home? _ Yes _ No. If yes, please indicate number of garages or accessory buildings utilized by the home occupation. Structure Type Size (s.f.) 2 5. Will there be any outside storage of equipment or materials used in the home occupation? _ Yes _ No. If yes, indicate size of area utilized for outside storage. .' Size of exterior storage utilized for home occupation s.f. (Please note: Exterior storage shall be screened so as not to be visible from adjacent properties). 6. What are the intended days and hours of the home occupation? 7. Please indicate the number, types and gross weight of commercial vehicles (on- site) associated with the home occupation. Vehicle Type and Make Gross Weight 8. Are there any licenses or permits that are required from any government agencies to legally conduct this home occupation? _ Yes _ No. If yes, list the licenses or permits below: 9. List any additional information or activity concerning this home occupation that you believe is necessary for consideration of your application: 3 / By signing this application I declare that I have read Ordinance No.8, Section 4.30 of the Andover Zoning Ordinance, and that all of the information provided to the City of Andover on this application, or as a part thereof, is true and accurate to the best of my knowledge. Signature of Applicant Date 4 j structure or land shall be used, for any purpose nor in any manner which is not in conformity with this Ordinance. (D) When land is proposed to be annexed to City of Andover, the Planning Commission shall hold a public hearing upon the permanent zoning of said land. The results of the hearing, along with a recommendation, shall be presented to the governing body. In the event of annexation proceedings becoming final before the permanent zoning is determined, the annexed area shall be placed in the most restrictive district and such classification shall be considered as an interim step pending permanent classification, 4.02 Separability It is hereby declared to be the intention that the several provisions of this Ordinance are separable in accordance with the following: (A) If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in said judgment. '. j (B) If any court of competent jurisdiction shaH adjudge invalid the application of any provision of this ordinance to a particular property, building, or structure, such judgment shall not affect other property, buildings, or structures. (~ 4.03 Non-Conforming Uses and Structures \.jy (A) Any structure or use lawfuHy existing upon the effective date of this Ordinance may be continued at the size and in manner of operation existing upon such date as hereinafter specified. (B) No structural alteration shall be made. (C) Nothing in this Ordinance shall prevent the placing of a structure unsafe condition when said structure is declared unsafe by the Building Inspector. (D) When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use. / (E) Whenever a non-conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be 23 . / \ ) 4.04 / reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the struCture is fifty (50%) percent or more of its market value (as estimated by the Building Inspector), in which case the reconstruction shall be for a use in accordance with the provisions of this ordinance. (F) Whenever, a lawful, non-conforming use of a building or struCture or land is discontinued for a period of one (I) year, any future use of said building or structure or land shall be in conformity with the provisions of this Ordinance, (G) Any non-conforming open use of land lawfully existing upon the effective date of this Ordinance may be continued for a period of three (3) years after the effective date of this Ordinance, whereupon such non- conforming use shall cease. (H) Normal maintenance of a building or other structure containing or related to a non-conforming use is permitted, including necessary non- structural repairs and incidental alterations which do not exceed or intensify the non-conforming use. (1) A lawful non-conforming use may be changed only to a use of the same or more restricted classification. (1) Alterations may be made to a structure containing non-conforming residential units when they will improve the livability thereof. provided they will increase the number of dwelling units or expand the existing bulk of structure. Lot Provisions (A) A lot or parcel ofland for which a deed or contract for deed has been recorded in the Office of the Anoka County Recorder upon, or prior to, the effective date of this Ordinance shall be deemed a buildable lot provided it has frontage on a public street right-of-way which has been accepted and is currently maintained by the City and said space requirements for the district in which it is located can be maintained or adjusted to conform as follows: a lot or parcel of land of record upon the effective date of this Ordinance which is a Residential District and which does not meet the requirements of this Ordinance as to area, v.idth. or other open space. may be utilized for single family detached purposes provided the measurements of such area, width and yard space are v.ithin sixty (60%) percent of the requirements of this Ordinance; but said lot or parcel shall not be more intensively developed. (8B. 9-2 I -76; 8F, 2-19- 80) 24