HomeMy WebLinkAbout2001-170 - Home Occupations I
Home Occupation Ordinance
ORDINANCE NO. 170
AN ORDINANCE RELATING TO HOME
OCCUPATIONS WITHIN THE CITY OF CORCORAN
THE CORCORAN CITY COUNCIL ORDAINS AS FOLLOWS:
Section 1. PURPOSE: The purpose of this Ordinance is to maintain the character and
integrity of residential areas 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 Ordinance is intended to provide a mechanism enabling the
distinction between permitted home occupations and special or customarily"more sensitive"
home occupations,so that appropriate,permitted home occupations may be allowed outright
or through an administrative process rather than a legislative hearing process.
Section 2. EXISTING SECTIONS DELETED: Upon passage and publication of this
Ordinance, Sections 10.02(b)31 and 10.02(b)31A are hereby deleted.
Section 3. DEFINITION: HOME OCCUPATION: A Home Occupation is any gainful
occupation or profession engaged in by the legal resident of a dwelling, at or from the
dwelling, or from an accessory building. Home Occupations in this Ordinance are identified
as allowed, special (requiring an administrative permit) and conditional home occupations
(requiring an annual license). All Home Occupations shall meet the requirements and
standards set forth in this Ordinance.
Section 4. APPLICATION: Subject to the non-conforming use section and other
applicable provisions of this Ordinance,all occupations conducted in the home and accessory
buildings located on the homestead site shall comply with the provisions of this Ordinance.
Section 5. PROCEDURES AND PERMITS: Whenever used in this Ordinance, the
phrase "Home Occupation" shall include Allowed Home Occupations, Special Home
Occupations and Conditional Home Occupations.
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A. An Allowed Home Occupation, as defined in this Ordinance, shall not require a
permit as long as all of the criteria in Sections 5 and 6 are satisfied.
B. Any Special Home Occupation, as defined in this Ordinance, shall require an
administrative permit, as outlined in Section 7 of this Ordinance.
C. A Home Occupation License shall be required for any Conditional Home Occupation
as described in Section 8; which license shall be processed as outlined in Section
10.14 of the Zoning Ordinance.
Section 6. GENERAL STANDARDS FOR ALLOWED AND SPECIAL HOME
OCCUPATIONS: All Allowed Home Occupations and Special Home Occupations shall
comply with the following general provisions:
A. No Home Occupation shall produce light, glare, noise, fumes, odor or vibration that
will in any way have an objectionable effect upon adjacent or nearby property.
B. No equipment shall be used in the Home Occupation that will create electrical
interference to surrounding properties. No equipment shall be used which creates
visual or audible interference in any radio or television receivers off the premises or
causes fluctuations in the voltage off the premises.
C. Any Home Occupation shall be clearly incidental and secondary to the residential use
of the premises, shall 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 evidence visible from public roads or adjacent parcels of
the Home Occupation, including but not limited to storage of material, equipment,
supplies, garbage dumpsters, etc. Personal vehicles (not to exceed 12,000 GVW)
used in the Home Occupation, which comply with applicable provisions of this
Ordinance, may be parked on the site.
F. The area used for the Home Occupation shall meet all applicable fire and building
codes.
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G. There shall be no exterior display or exterior signs or interior display or interior signs
that are visible from outside the dwelling advertising the Home Occupation.
H. All Home Occupations shall comply with the provisions of the City Code.
I. An Allowed or Special Home Occupation shall not include work staging areas or
employees reporting to the home occupation site to receive work assignments and
working elsewhere.
J. The applicant shall demonstrate, in a manner found acceptable to the City Building
Inspector that such use is within the capabilities of the property's sewage treatment
system.
K. No Allowed Home Occupation or Special Home Occupation shall employ any person
at the home site location who does not reside in the dwelling unit.
Section 7. ALLOWED HOME OCCUPATIONS: A Home Occupation meeting all of
the requirements of Section 5 as well as the following criteria shall be an Allowed Home
Occupation and may be conducted without a permit or fee:
A. The Allowed Home Occupation shall be located within the principal dwelling on the
property, except that a business office or computer workstation may be maintained in
any permitted structure.
B. No customer visits to the premises shall be permitted.
C. No deliveries other than those routinely made in a residential district (U.S. Mail,
United Parcel Service, etc.) shall be permitted.
Section 8. SPECIAL HOME OCCUPATION-ADMINISTRATIVE PERMIT: This
permit may be issued by the City Administrator or assigned staff based upon proof of
compliance with the provisions of this section. Application for the permit shall be submitted
to the City with an associated fee as established by the City Council. Prior to issuance of the
permit, a notice of intent shall be sent to all property owners within 350 feet of the perimeter
of the applicant's property. The notice shall request that written comments be forwarded to
the City Administrator within ten(10) days of the date of the notice. Upon expiration of the
comment period, the City Administrator shall determine if a permit should be issued,denied,
or forwarded to the City Council. Notice of the decision shall be sent to all persons who
have submitted written comment. The applicant or a noticed property owner may appeal a
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decision of the City staff to the City Council for final decision. Notice of an appeal must be
made within 10 business days following the notice of the City Administrator's decision.
Except as modified by this Section 8, all Special Home Occupations shall comply with the
requirements of Sections 6 and 7. A Special Home Occupation-Administrative Permit shall
be required for Home Occupations that are not otherwise permitted under Section 7 and
subject to the following criteria:
A. Services may be provided to customers on site provided no more than two (2)
additional parking stalls are necessary for customer parking and the spaces shall be
provided on the lot. The Home Occupation shall not add more than 10 daily, non-
residential vehicle trips to or from the property.
B. A single vehicle up to 26,000 lb. GVW may be allowed by Administrative Permit.
The City Administrator shall consider the vehicle size in relation to the intended use,
the road surface, the character of the neighborhood, number of vehicle trips and any
other relevant matters in deciding whether to issue an Administrative Permit.
Section 9. CONDITIONAL HOME OCCUPATION LICENSE (CHOL): All Home
Occupations not defined as Allowed or Special shall be defined as Conditional Home
Occupations and will require a Conditional Home Occupation License(CHOL)to be issued,
subject to review and approval by the City Council. The CHOL shall be processed pursuant
to Section 10.14 of the Corcoran Zoning Code. A CHOL is not a conditional use permit,but
a license personal to the individual applicant and the particular business for which the
application is made. If the business ceases, if ownership of the business changes, or if the
individual to whom a license has been issued ceases to own the subject premises, the CHOL
is automatically revoked.
All applicants must demonstrate, to the satisfaction of the Planning Commission and City
Council,the need for the CHOL. All applications will be reviewed and analyzed,taking into
consideration the general health, safety and welfare of the community as a whole. The
Planning Commission and the City Council shall consider the following standards and
criteria when reviewing an application for a CHOL:
A. The nature and general character of the geographic area in which the CHOL property
is located. The City may consider, in addition to other factors and not by way of
limitation,the existence and condition of gravel and paved roads in the area,existence
and proximity of collector,County and State roadways in the area,CHOL lot size,the
proximity of CHOL operations to neighboring residences, size of neighboring lots,
and use of neighboring properties.
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B. Consideration shall be made for potential property devaluation of adjacent and
surrounding properties.
C. Nuisance factors shall be considered, including but not limited to sight, odor, light,
glare and noise, and any other nuisance factors that may result from issuance of the
CHOL.
D. Environmental concerns, including but not limited to drainage,wastewater,wells and
wetland issues.
E. Compliance with the accessory building section of the Code(10.03[c])together with
other relevant Code sections.
F. Impact on the neighboring properties shall be considered before issuing a CHOL.
Section 10. EMPLOYEES; ON-SITE/STAGING FOR WORK OFF-SITE: For home
occupation businesses existing on May 24, 2001, the City Council may allow up to two (2)
on-site employees or up to four (4) employees reporting on-site for the purpose of staging
work to be performed off-site, or any combination of the two not to exceed two employees
working on-site or four employees in total. The applicant must prove that the applicant had
employees, as outlined above, on or within the nine (9) months prior to May 24, 2001 to
qualify for employees.
The actual number of on-site employees or employees permitted on-site for work staging will
depend on all factors considered in issuing the CHOL.
No home occupations that come into existence after May 24, 2001 shall be permitted to have
on-site employees or employees on-site for the purpose of staging work to be performed off-
site.
For purposes of this section, employees shall include independent contractors, part-time or
seasonal employees.
Section 11. EXCEPTIONS: Daycare home facilities and group family daycare home
facilities that are licensed by the State are exempt from the requirements of this Ordinance.
Section 12. DENIAL OF CHOL:
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C. Mandatory clean-up of a property in violation of the home occupation ordinance shall
be required as part of any resolution to a violation.
D. The City hereby reserves the right, upon approval of any home occupation, and upon
reasonable notice, to inspect the premises in which the occupation is being conducted
to insure compliance with the provisions of this section or any conditions imposed.
E. Violations of any provisions or conditions of the home occupation regulations may
result in the revocation of either the administrative permit or the CHOL following a
public hearing in compliance with the Administrative Procedures Act.
Section 15. EFFECTIVE DATE: This Ordinance shall have full force and effect upon its
passage and publication.
PASSED by the Council of the City of Corcoran, Hennepin County, Minnesota, this
9th day of August 2001.
Kenneth Guenthner, Mayor
ATTEST:
Su an Vergin, City Cle�
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