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Home My WebLink About120-02 Home Occupation Amendment Page 1 of 13 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 120-02 AN ORDINANCE AMENDING SECTIONS 1101, 1102 AND 1107 OF THE PRIOR LAKE CITY CODE RELATING TO HOME OCCUPATIONS AND ADOPTING BY REFERENCE CITY CODE SECTION 104 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: Section 1. City Code Subsection 1101.1000 is amended by deleting the definition for “Home Occupations” in its entirety and replacing it with the following: Home Occupation. An occupation, profession, or activity which provides gainful employment of a person or persons residing in the dwelling unit, which is clearly incidental and subordinate to the residential use, and which does not alter the exterior of the dwelling or structures on the lot, or affect the residential character of the neighborhood. Section 2. City Code Subsection 1102.204 is amended as follows: 1102.204____Accessory Uses. The following uses shall be permitted as accessory uses to principal uses allowed in the "A" Agricultural Use District under the provisions of this Ordinance: ➢ Off-Street Parking ➢ Signs ➢ Private recreational facilities ➢ Pole Barns ➢ Family day care serving fewer than 14 persons ➢ Home occupations meeting all criteria of for home occupation as an accessory use in the “R-S” Rural Subdivision Residential Use District ➢ Keeping no more than 2 roomers or boarders ➢ Adult day care in a religious institution. ➢ Yard Sales, provided each does not exceed 4 days in duration, and there are no more than 3 ➢ sales per year conducted on the premises. Signage for this use is regulated by Subsection ➢ 1107.709. Page 2 of 13 Section 3. City Code Subsection 1102.305 provision (1) is deleted in its entirety and replaced with the following: 1) Home Occupations are permitted accessory uses in an “R-S” Rural Subdivision Use District subject to the following conditions. It is the intent of this Subsection to maintain the character and integrity of residential areas by establishing standards regulating home occupations so that they can be conducted in a manner that does not jeopardize the health, safety and general welfare of residential neighborhoods. The purpose of this Subsection is to distinguish between those home occupations that have minimal or no secondary impact and those that have the potential for adverse effects upon neighboring properties. a. Space within the dwelling, excluding an attached garage, devoted to the home occupation shall not exceed 500 sq. ft. or 20% of the floor area, whichever is greater. Space within an attached garage or detached accessory structure devoted to the home occupation shall not exceed 250 sq. ft. or 50% of the total floor area of all attached garages and detached accessory structures, whichever is greater. b. The home occupation shall be conducted by the person or persons residing in the dwelling unit. One employee who does not reside in the dwelling unit is allowed so long as off-street parking is provided for that employee on a hard surface driveway which meets the requirements of the City Code Subsection 1107.200. c. All equipment, machinery, and materials shall be stored within an enclosed structure. d. The use must be clearly subordinate to the residential use of the lot. e. The structure utilized for the home occupation shall conform to all applicable fire and building codes. f. The activity does not generate traffic in greater volumes than would normally be expected in a residential neighborhood. g. Operation of the home occupation is not apparent from the public right-of- way or any lake. h. Commercial motor vehicles are prohibited from being parked on residential lots. i. Deliveries may only be sent to or from the lot using a passenger motor vehicle or by a residential express mail company (USPS, UPS, FedEx, etc.) Page 3 of 13 j. Nothing used in the home occupation shall create noise, vibration, smoke, dust, electrical disturbances, odors, heat, glare or other nuisance factors which are discernible at the property line. k. Everything associated with the home occupation shall be stored, handled and disposed of according to all applicable local, state and federal guidelines. l. No garbage, rubbish, or refuse container shall exceed ninety-six (96) gallons in capacity. m. The following activities shall not be allowed as home occupations: i. Repair, painting, service or sales of small engines. ii. Repair, painting, service or sales of motor vehicles that are not registered to a resident of the dwelling. iii. Repair, painting, service or sales of recreational vehicles that are not registered to a resident of the dwelling. iv. Repair, painting, service or sales of commercial motor vehicles. v. Adult business establishments regulated by City Code Section 1111. vi. Medical, dental, chiropractic, psychiatric or other similar treatment or therapy, including acupuncture, where the person(s) providing the service is not licensed by the State of Minnesota to administer such treatment. vii. Businesses, educational programs or similar gatherings which meet on a regular basis, having more than six (6) non-resident persons in attendance at one time. viii. Animal Handling and Animal Kennels, including boarding, breeding, and grooming establishments. ix. Music instruction, unless conducted within a detached single-family dwelling unit. x. Beauty or barber shop. xi. Manufacturing or processing. xii. Any use which violates any applicable law. xiii. Other uses as determined by the Zoning Administrator to have an adverse impact upon neighboring properties. n. Signage shall comply with City Code Section 1107, including but not limited to Subsection 1107.707. o. All applicable permits from other governmental agencies have been obtained. p. The City reserves the right to inspect the premises in which the home occupation is being conducted to ensure compliance with the provisions of this subsection. Page 4 of 13 Section 4. City Code Subsection 1102.404 provision (1) is deleted in its entirety and replaced with the following: 1) Home Occupations are permitted accessory uses in an “R-1” Single Family Residential Use District subject to the following conditions. It is the intent of this Subsection to maintain the character and integrity of residential areas by establishing standards regulating home occupations so that they can be conducted in a manner that does not jeopardize the health, safety and general welfare of residential neighborhoods. The purpose of this Subsection is to distinguish between those home occupations that have minimal or no secondary impact and those that have the potential for adverse effects upon neighboring properties. a. Space within the dwelling, excluding an attached garage, devoted to the home occupation shall not exceed 500 sq. ft. or 20% of the floor area, whichever is greater. Space within an attached garage or detached accessory structure devoted to the home occupation shall not exceed 250 sq. ft. or 50% of the total floor area of all attached garages and detached accessory structures, whichever is greater. b. The home occupation shall be conducted by the person or persons residing in the dwelling unit. One employee who does not reside in the dwelling unit is allowed so long as off-street parking is provided for that employee on a hard surface driveway which meets the requirements of the City Code Subsection 1107.200. c. All equipment, machinery, and materials shall be stored within an enclosed structure. d. The use must be clearly subordinate to the residential use of the lot. e. The structure utilized for the home occupation shall conform to all applicable fire and building codes. f. The activity does not generate traffic in greater volumes than would normally be expected in a residential neighborhood. g. Operation of the home occupation is not apparent from the public right-of- way or any lake. h. Commercial motor vehicles are prohibited from being parked on residential lots. Page 5 of 13 i. Deliveries may only be sent to or from the lot using a passenger motor vehicle or by a residential express mail company (USPS, UPS, FedEx, etc.) j. Nothing used in the home occupation shall create noise, vibration, smoke, dust, electrical disturbances, odors, heat, glare or other nuisance factors which are discernible at the property line. k. Everything associated with the home occupation shall be stored, handled and disposed of according to all applicable local, state and federal guidelines. l. No garbage, rubbish, or refuse container shall exceed ninety-six (96) gallons in capacity. m. The following activities shall not be allowed as home occupations: i. Repair, painting, service or sales of small engines. ii. Repair, painting, service or sales of motor vehicles that are not registered to a resident of the dwelling. iii. Repair, painting, service or sales of recreational vehicles that are not registered to a resident of the dwelling. iv. Repair, painting, service or sales of commercial motor vehicles. v. Adult business establishments regulated by City Code Section 1111. vi. Medical, dental, chiropractic, psychiatric or other similar treatment or therapy, including acupuncture, where the person(s) providing the service is not licensed by the State of Minnesota to administer such treatment. vii. Businesses, educational programs or similar gatherings which meet on a regular basis, having more than six (6) non-resident persons in attendance at one time. viii. Animal Handling and Animal Kennels, including boarding, breeding, and grooming establishments. ix. Music instruction, unless conducted within a detached single-family dwelling unit. x. Beauty or barber shop. xi. Manufacturing or processing. xii. Any use which violates any applicable law. xiii. Other uses as determined by the Zoning Administrator to have an adverse impact upon neighboring properties. n. Signage shall comply with City Code Section 1107, including but not limited to Subsection 1107.707. o. All applicable permits from other governmental agencies have been obtained. Page 6 of 13 p. The City reserves the right to inspect the premises in which the home occupation is being conducted to ensure compliance with the provisions of this subsection. Section 5. City Code Subsection 1102.504 provision (1) is deleted in its entirety and replaced with the following: 1) Home Occupations are permitted accessory uses in an “R-2” Medium Density Residential Use District subject to the following conditions. It is the intent of this Subsection to maintain the character and integrity of residential areas by establishing standards regulating home occupations so that they can be conducted in a manner that does not jeopardize the health, safety and general welfare of residential neighborhoods. The purpose of this Subsection is to distinguish between those home occupations that have minimal or no secondary impact and those that have the potential for adverse effects upon neighboring properties. a. Space within the dwelling, excluding an attached garage, devoted to the home occupation shall not exceed 500 sq. ft. or 20% of the floor area, whichever is greater. Space within an attached garage or detached accessory structure devoted to the home occupation shall not exceed 250 sq. ft. or 50% of the total floor area of all attached garages and detached accessory structures, whichever is greater. b. The home occupation shall be conducted by the person or persons residing in the dwelling unit. One employee who does not reside in the dwelling unit is allowed so long as off-street parking is provided for that employee on a hard surface driveway which meets the requirements of the City Code Subsection 1107.200. c. All equipment, machinery, and materials shall be stored within an enclosed structure. d. The use must be clearly subordinate to the residential use of the lot. e. The structure utilized for the home occupation shall conform to all applicable fire and building codes. f. The activity does not generate traffic in greater volumes than would normally be expected in a residential neighborhood. g. Operation of the home occupation is not apparent from the public right-of- way or any lake. h. Commercial motor vehicles are prohibited from being parked on residential lots. Page 7 of 13 i. Deliveries may only be sent to or from the lot using a passenger motor vehicle or by a residential express mail company (USPS, UPS, FedEx, etc.) j. Nothing used in the home occupation shall create noise, vibration, smoke, dust, electrical disturbances, odors, heat, glare or other nuisance factors which are discernible at the property line. k. Everything associated with the home occupation shall be stored, handled and disposed of according to all applicable local, state and federal guidelines. l. No garbage, rubbish, or refuse container shall exceed ninety-six (96) gallons in capacity. m. The following activities shall not be allowed as home occupations: i. Repair, painting, service or sales of small engines. ii. Repair, painting, service or sales of motor vehicles that are not registered to a resident of the dwelling. iii. Repair, painting, service or sales of recreational vehicles that are not registered to a resident of the dwelling. iv. Repair, painting, service or sales of commercial motor vehicles. v. Adult business establishments regulated by City Code Section 1111. vi. Medical, dental, chiropractic, psychiatric or other similar treatment or therapy, including acupuncture, where the person(s) providing the service is not licensed by the State of Minnesota to administer such treatment. vii. Businesses, educational programs or similar gatherings which meet on a regular basis, having more than six (6) non-resident persons in attendance at one time. viii. Animal Handling and Animal Kennels, including boarding, breeding, and grooming establishments. ix. Music instruction, unless conducted within a detached single-family dwelling unit. x. Beauty or barber shop. xi. Manufacturing or processing. xii. Any use which violates any applicable law. xiii. Other uses as determined by the Zoning Administrator to have an adverse impact upon neighboring properties. n. Signage shall comply with City Code Section 1107, including but not limited to Subsection 1107.707. o. All applicable permits from other governmental agencies have been obtained. Page 8 of 13 p. The City reserves the right to inspect the premises in which the home occupation is being conducted to ensure compliance with the provisions of this subsection. Section 6. City Code Subsection 1102.604 provision (1) is deleted in its entirety and replaced with the following: 1) Home Occupations are permitted accessory uses in an “R-3” Multiple Family Residential Use District subject to the following conditions. It is the intent of this Subsection to maintain the character and integrity of residential areas by establishing standards regulating home occupations so that they can be conducted in a manner that does not jeopardize the health, safety and general welfare of residential neighborhoods. The purpose of this Subsection is to distinguish between those home occupations that have minimal or no secondary impact and those that have the potential for adverse effects upon neighboring properties. a. Space within the dwelling, excluding an attached garage, devoted to the home occupation shall not exceed 500 sq. ft. or 20% of the floor area, whichever is greater. Space within an attached garage or detached accessory structure devoted to the home occupation shall not exceed 250 sq. ft. or 50% of the total floor area of all attached garages and detached accessory structures, whichever is greater. b. The home occupation shall be conducted by the person or persons residing in the dwelling unit. One employee who does not reside in the dwelling unit is allowed so long as off-street parking is provided for that employee on a hard surface driveway which meets the requirements of the City Code Subsection 1107.200. c. All equipment, machinery, and materials shall be stored within an enclosed structure. d. The use must be clearly subordinate to the residential use of the lot. e. The structure utilized for the home occupation shall conform to all applicable fire and building codes. f. The activity does not generate traffic in greater volumes than would normally be expected in a residential neighborhood. g. Operation of the home occupation is not apparent from the public right-of- way or any lake. Page 9 of 13 h. Commercial motor vehicles are prohibited from being parked on residential lots. i. Deliveries may only be sent to or from the lot using a passenger motor vehicle or by a residential express mail company (USPS, UPS, FedEx, etc.) j. Nothing used in the home occupation shall create noise, vibration, smoke, dust, electrical disturbances, odors, heat, glare or other nuisance factors which are discernible at the property line. k. Everything associated with the home occupation shall be stored, handled and disposed of according to all applicable local, state and federal guidelines. l. No garbage, rubbish, or refuse container shall exceed ninety-six (96) gallons in capacity. m. The following activities shall not be allowed as home occupations: i. Repair, painting, service or sales of small engines. ii. Repair, painting, service or sales of motor vehicles that are not registered to a resident of the dwelling. iii. Repair, painting, service or sales of recreational vehicles that are not registered to a resident of the dwelling. iv. Repair, painting, service or sales of commercial motor vehicles. v. Adult business establishments regulated by City Code Section 1111. vi. Medical, dental, chiropractic, psychiatric or other similar treatment or therapy, including acupuncture, where the person(s) providing the service is not licensed by the State of Minnesota to administer such treatment. vii. Businesses, educational programs or similar gatherings which meet on a regular basis, having more than six (6) non-resident persons in attendance at one time. viii. Animal Handling and Animal Kennels, including boarding, breeding, and grooming establishments. ix. Music instruction, unless conducted within a detached single-family dwelling unit. x. Beauty or barber shop. xi. Manufacturing or processing. xii. Any use which violates any applicable law. xiii. Other uses as determined by the Zoning Administrator to have an adverse impact upon neighboring properties. n. Signage shall comply with City Code Section 1107, including but not limited to Subsection 1107.707. Page 10 of 13 o. All applicable permits from other governmental agencies have been obtained. p. The City reserves the right to inspect the premises in which the home occupation is being conducted to ensure compliance with the provisions of this subsection. Section 7. City Code Subsection 1102.901 provision (5) is amended as follows: (5) The following uses are permitted in the “TC-T” Transitional Town Center Use District, subject to the conditions set out for each use in Subsection 1102.800 and requirements in Section 1107 of the Ordinance. ➢ Residential Structures ➢ Home Occupations ➢ Group Day Care/Nursery School ➢ Public Service Structures ➢ Utility Substation ➢ Appliance, Small Engine and Bicycle Repair ➢ Food Service ➢ Hotel/Motel ➢ In-Vehicle Sales or Service ➢ Medical and Dental Laboratories ➢ Copy Shop ➢ Restaurants and Clubs and Lodges Without Liquor Licenses ➢ Shopping Center ➢ Game Rooms ➢ Bed and Breakfast Establishments Section 8. City Code Subsection 1102.902 is deleted in its entirety and replaced with the following: 1) Home Occupations are permitted accessory uses in an “TC-T” Transitional Town Center Use District subject to the following conditions. It is the intent of this Subsection to maintain the character and integrity of residential areas by establishing standards regulating home occupations so that they can be conducted in a manner that does not jeopardize the health, safety and general welfare of residential neighborhoods. The purpose of this Subsection is to distinguish between those home occupations that have minimal or no secondary impact and those that have the potential for adverse effects upon neighboring properties. a. Space within the dwelling, excluding an attached garage, devoted to the home occupation shall not exceed 500 sq. ft. or 20% of the floor area, whichever is greater. Space within an attached garage or detached accessory structure devoted to the home occupation shall not exceed 250 Page 11 of 13 sq. ft. or 50% of the total floor area of all attached garages and detached accessory structures, whichever is greater. b. The home occupation shall be conducted by the person or persons residing in the dwelling unit. One employee who does not reside in the dwelling unit is allowed so long as off-street parking is provided for that employee on a hard surface driveway which meets the requirements of the City Code Subsection 1107.200. c. All equipment, machinery, and materials shall be stored within an enclosed structure. d. The use must be clearly subordinate to the residential use of the lot. e. The structure utilized for the home occupation shall conform to all applicable fire and building codes. f. The activity does not generate traffic in greater volumes than would normally be expected in a residential neighborhood. g. Operation of the home occupation is not apparent from the public right-of- way or any lake. h. Commercial motor vehicles are prohibited from being parked on residential lots. i. Deliveries may only be sent to or from the lot using a passenger motor vehicle or by a residential express mail company (USPS, UPS, FedEx, etc.) j. Nothing used in the home occupation shall create noise, vibration, smoke, dust, electrical disturbances, odors, heat, glare or other nuisance factors which are discernible at the property line. k. Everything associated with the home occupation shall be stored, handled and disposed of according to all applicable local, state and federal guidelines. l. No garbage, rubbish, or refuse container shall exceed ninety-six (96) gallons in capacity. m. The following activities shall not be allowed as home occupations: i. Repair, painting, service or sales of small engines. ii. Repair, painting, service or sales of motor vehicles that are not registered to a resident of the dwelling. Page 12 of 13 iii. Repair, painting, service or sales of recreational vehicles that are not registered to a resident of the dwelling. iv. Repair, painting, service or sales of commercial motor vehicles. v. Adult business establishments regulated by City Code Section 1111. vi. Medical, dental, chiropractic, psychiatric or other similar treatment or therapy, including acupuncture, where the person(s) providing the service is not licensed by the State of Minnesota to administer such treatment. vii. Businesses, educational programs or similar gatherings which meet on a regular basis, having more than six (6) non-resident persons in attendance at one time. viii. Animal Handling and Animal Kennels, including boarding, breeding, and grooming establishments. ix. Music instruction, unless conducted within a detached single-family dwelling unit. x. Beauty or barber shop. xi. Manufacturing or processing. xii. Any use which violates any applicable law. xiii. Other uses as determined by the Zoning Administrator to have an adverse impact upon neighboring properties. n. Signage shall comply with City Code Section 1107, including but not limited to Subsection 1107.707. o. All applicable permits from other governmental agencies have been obtained. p. The City reserves the right to inspect the premises in which the home occupation is being conducted to ensure compliance with the provisions of this subsection. Section 9. City Code Subsection 1107.203 provision (8) is amended as follows: (8) Use of Parking Facilities. Required off-street parking facilities in an "R" Use District may be utilized only for parking passenger automobiles, except that 1 truck not exceeding 1.5-ton capacity may be parked inside a building on the resident's property by the occupant of each dwelling unit. No required parking facilities or public right-of-ways in any "R" Use District shall be used for open-air storage of commercial motor vehicles, customer’s vehicles, or vehicles belonging to employees, owners, tenants of customers of business or manufacturing establishments. Section 10. City Code Subsection 1107.707 is amended as follows: Home Occupation Signs: Signs shall be permitted for the purpose of identifying a home occupation business. Said sign shall be non-illuminated, shall be limited Page 13 of 13 to one sign per residential property, shall be attached to the wall of a dwelling, attached garage or detached accessory structure and shall not exceed two (2) sq. ft. Section 11. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by reference, as though repeated verbatim herein. Section 12. This ordinance shall become effective upon its passage and publication. Passed by the City Council of the City of Prior Lake this 2nd day of March 2020. ATTEST: _________________________ __________________________ Jason Wedel, City Manager Kirt Briggs, Mayor A summary of this ordinance was published in the Prior Lake American on the 7th day of March 2020. SUMMARY ORDINANCE NO. 120-02 CITY OF PRIOR LAKE ORDINANCE NO. 120-02 AN ORDINANCE AMENDING SECTIONS 1101, 1102 AND 1107 OF THE PRIOR LAKE CITY CODE RELATING TO HOME OCCUPATIONS AND ADOPTING BY REFERENCE CITY CODE SECTION 104; WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. The following is only a summary of Ordinance No. 120-02. The full text will be available for public inspection after March 3, 2020 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance amends Section 1101 (General Provisions), Section 1102 (Use District Regulations) and Section 1107 (General Performance Standards) of the Prior Lake City Code to remove the requirement for a home occupation permit; allow a certain amount of square footage or percentage of flo or area of a dwelling, attached garage or detached accessory structure to be used for a home occupation; revises the conditions for a home occupation; and clarifies uses which are not permitted as home occupations. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 2nd day of March 2020. ATTEST: _________________________ __________________________ Jason Wedel, City Manager Kirt Briggs, Mayor Summary published in the Prior Lake American on the 7th day of March 2020. SUMMARY ORDINANCE NO. 120=02 CITY OF PRIOR LAKE ORDINANCE NO. 120-02 AN ORDINANCE AMENDING SECTIONS 1101, 1102 AND 1107 OF THE PRIOR LAKE CITY CODE RELATING TO HOME OCCUPATIONS AND ADOPTING BY REFERENCE CITY CODE SECTION 104; WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. The following is only a summary of Ordinance No. 120- 02. The full text will be available for public inspection after March 302020 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance amends Section 1101 (General ,Provisions), Section 1102 (Use District Regulations) and Section 1107 (General Performance Standards) of the Prior Lake City Code to remove the requirement for a home occupation permit; allow a certain amount of square footage or percentage of floor area of a dwelling, attached garage or detached accessory structure to be used for a home occupation; revises the conditions for a home occupation; and clarifies uses which are not permitted as home occupations. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 2"d day of March 2020. ATTEST: Jason Wedel City Manager Kirt Briggs Mayor (Published in the Prior Lake American on Saturday, March 7, 2020; No. 7602) Affidavit Of Publication Southwest News Media State of Minnesota) )SS. County of Scott ) Laurie A. Hartmann, being duly sworn, on oath says that she is the General Manager of the newspapers known as the Shakopee Valley News, Jordan Independent, Prior Lake American and Savage Pacer; and has full knowledge of the facts herein stated as follows:. (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.021 331A.07, and other applicable laws, as amended. �y (B) The printed public notice that is attached to this Affidavit and identified as No. /lava was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: Subscribed and sworn before me on this � day of !�!/� 2020 Laurie A. Hartmann ' ��" ,IYMME JEANNETTE BARK NOTARY ('UREIC - MINNESOTA MY COMMISSION EXPIRES 01/31/23 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed bylaw for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter.... . 66 $14.03 per column inch