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HomeMy WebLinkAbout2624-21 - ADMIN Ordinance - City Council - 2021/08/16Ordinance No. 2624-21 Ordinance regarding home occupations The City of St. Louis Park does ordain: Whereas, the planning commission conducted a public hearing on June 16, 2021 on the ordinance, and Whereas, the City Council has considered the advice and recommendation of the planning commission (case no. 21-24-ZA), and Now, therefore be it resolved that the following amendments shall be made to the City Code: Section 1. Chapter 36, Section 36-83 of the St. Louis Park City Code is hereby amended to add the following underlined text: Sec. 36-83 Home Occupations. (a) Purpose and effect. The purpose of this section is to provide conditions under which a home occupation may be conducted that ensures a minimum negative impact to neighborhoods and neighboring land uses. (b) Authorized home occupations. A dwelling in any use district that permits dwellings, may conduct a home occupation as an accessory use if it complies with the following conditions: (1) A registration of land use is required for any home occupation established after July 12, 2019, that has customers, students, or an employee coming to the site. (2) The home occupation and structure housing the home occupation meets all applicable fire and building codes, as well as any other city, county, state, or federal regulations. (3) The home occupation is clearly incidental and subordinate to the residential use of the property and does not change the character of the property. (4) The floor area of the home occupation cannot exceed 25% of the total floor area of the principal dwelling unit. If a home occupation is conducted by the occupant of an accessory dwelling unit, then it is limited to 25% of the floor area of the accessory dwelling unit. (5) Operation of the home occupation is not apparent from the public right-of-way. (6) All material or equipment is stored within an enclosed structure. (7) The home occupation does not produce nuisance noise, odors, smoke, heat, glare, vibration, or electrical interference beyond the residential lot occupied by the home occupation. (8) One person who does not legally reside at the property may be employed at a home occupation. If there is a home occupation being conducted in both the primary dwelling and accessory dwelling unit, then only one of the two may have an employee that does not legally reside on the property. (9) Persons do not come to the location of the home occupation to be dispatched to other locations, or to pick-up or drop-off equipment, materials, or supplies. (10) Sale of products related to the home occupation is allowed with the following conditions: DocuSign Envelope ID: 1BC2B6F8-468C-4C2F-A261-F25922EFA331 Ordinance No. 2624-21 2 i. Products are shipped to and from the premises; or ii. Product sales occur off-site at a permissible location; or iii. Customers visit the premises by appointment only; or iv. Products are sold on the premises at garage sales as regulated by this chapter. (11) No more than one non-illuminated wall sign up to two square feet in area is used to identify the home occupation. (12) The home occupation does not include any of the following uses: auto body/painting, motor vehicle sales, motor vehicle service and repair, small engine repair, massage, medical/dental office, animal handling, restaurant, firearm sales, currency exchange, payday loan agency, sexually-oriented business or high-impact sexually oriented business. (13) No portion of the home occupation is conducted within any attached or detached accessory building, except the occupants of an accessory dwelling unit may conduct a home occupation in the accessory dwelling unit. Section 2. R-1 single-family residence district. Chapter 36, Section 36-163(e)(5) of the St. Louis Park City Code is hereby amended to delete the following struck-out text (renumber accordingly): (5) Home occupations complying with all of the following conditions: a. The city has approved a Registration of Land Use for any home occupation established after July 12, 2019, that has customers or students coming to the site. b. The home occupation and structure housing the home occupation meets all applicable fire and building codes, as well as any other city, county, state, or federal regulations. c. The home occupation is clearly incidental and subordinate to the residential use of the property and does not change the character of the property. d. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. e. No portion of the home occupation is conducted within any attached or detached accessory building. f. Operation of the home occupation is not apparent from the public right-of-way. g. Only equipment, machinery, and materials which are normally found in the home are used in the conduct of the occupation. h. All material or equipment is stored within an enclosed stru cture. i. The home occupation does not produce nuisance noise, odors, smoke, heat, glare, vibration, or electrical interference beyond the residential lot occupied by the home occupation. j. No person is employed at the residence who does not legally reside in the home. k. Persons do not come to the location of the home occupation to be dispatched to other locations. l. Sale of products related to the home occupation is allowed with the following conditions: i.. Products are shipped to and from the premises; or ii. Product sales occur off-site at a permissible location; or iii. Customers visit the premises by appointment only; or DocuSign Envelope ID: 1BC2B6F8-468C-4C2F-A261-F25922EFA331 Ordinance No. 2624-21 3 iv. Products are sold on the premises at garage sales as regulated by this chapter. m. No more than one non-illuminated wall sign up to two square feet in area is used to identify the home occupation. n. The home occupation does not include any of the following uses: auto body/painting, motor vehicle sales, motor vehicle service and repair, small engine repair, massage, medical/dental office, animal handling, beauty shop and barbershop, firearm sales, currency exchange, payday loan agency, sexually- oriented business or high-impact sexually oriented business. Section 3. R-2 single-family residence district. Chapter 36, Section 36-164(e)(5) of the St. Louis Park City Code is hereby amended to delete the following struck-out text (renumber accordingly): (5) Home occupations complying with all of the following conditions: a. The city has approved a Registration of Land Use for any home occupation established after July 12, 2019, that has customers or students coming to the site. b. The home occupation and structure housing the home occupation meets all applicable fire and building codes, as well as any other city, county, state, or federal regulations. c. The home occupation is clearly incidental and subordinate to the residential use of the property and does not change the character of the property. d. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. e. No portion of the home occupation is conducted with any attached or detached accessory building. f. Operation of the home occupation is not apparent from the public right-of-way. g. Only equipment, machinery, and materials which are normally found in the home are used in the conduct of the home occupation. h. All material or equipment is stored within an enclosed structure. i. The home occupation does not produce nuisance noise, odors, smoke, heat, glare, vibration, or electrical interference beyond the residential lot occupied by the home occupation. j. No person is employed at the residence who does not legally reside in the home. k. Persons do not come to the location of the home occupation to be dispatched to other locations. l. Sale of products related to the home occupation is allowed with the following conditions: i. Products are shipped to and from the premises; or ii. Product sales occur off-site at a permissible location; or iii. Customers visit the premises by appointment only; or iv. Products are sold on the premises at garage sales as regulated by this chapter. m. No more than one non-illuminated wall sign up to two square feet in area is used to identify the home occupation. n. The home occupation does not include any of the following uses: auto body/painting, motor vehicle sales, motor vehicle service and repair, small DocuSign Envelope ID: 1BC2B6F8-468C-4C2F-A261-F25922EFA331 Ordinance No. 2624-21 4 engine repair, massage, medical/dental office, animal handling, beauty shop and barbershop, firearm sales, currency exchange, payday loan agency, sexually- oriented business or high impact sexually oriented business. Section 4. R-3 two-family residence district. Chapter 36, Section 36-165(e)(5) of the St. Louis Park City Code is hereby amended to delete the following struck-out text (renumber accordingly): (5) Home occupations complying with all of the following conditions: a. The city has approved a Registration of Land Use for any home occupation established after July 12, 2019, that has customers or students coming to the site. b. The home occupation and structure housing the home occupation meets all applicable fire and building codes, as well as any other city, county, state, or federal regulations. c. The home occupation is clearly incidental and subordinate to the residential use of the property and does not change the character of the property. d. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. e. No portion of the home occupation is conducted within any attached or detached accessory building. f. Operation of the home occupation is not apparent from the public right-of-way. g. Only equipment, machinery, and materials which are normally found in the home are used in the conduct of the home occupation. h. All material or equipment is stored within an enclosed structure. i. The home occupation does not produce nuisance noise, odors, smoke, heat, glare, vibration, or electrical interference beyond the residential lot occupied by the home occupation. j. No person is employed at the residence who does not legally reside in the home. k. Persons do not come to the location of the home occupation to be dispatched to other locations. l. Sale of products related to the home occupation is allowed with the following conditions: i. Products are shipped to and from the premises; or ii. Product sales occur off-site at a permissible location; or iii. Customers visit the premises by appointment only; or iv. Products are sold on the premises at garage sales as regulated by this chapter. m. No more than one non-illuminated wall sign up to two square feet in area is used to identify the home occupation. n. The home occupation does not include any of the following uses: auto body/painting, motor vehicle sales, motor vehicle service and repair, small engine repair, massage, medical/dental office, animal handling, beauty shop and barbershop, firearm sales, currency exchange, payday loan agency, sexually- oriented business or high-impact sexually oriented business. DocuSign Envelope ID: 1BC2B6F8-468C-4C2F-A261-F25922EFA331 Ordinance No. 2624-21 5 Section 5. R-4 multiple-family residence district. Chapter 36, Section 36-166(e)(7) of the St. Louis Park City Code is hereby amended to delete the following struck-out text (renumber accordingly): (7) Home occupations complying with all of the following conditions: a. The city has approved a Registration of Land Use for any ho me occupation established after July 12, 2019, that has customers or students coming to the site. b. The home occupation and structure housing the home occupation meets all applicable fire and building codes, as well as any other city, county, state, or federal regulations. c. The home occupation is clearly incidental and subordinate to the residential use of the property and does not change the character of the property. d. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. e. No portion of the home occupation is conducted within any attached or detached accessory building. f. Operation of the home occupation is not apparent from the public right-of-way. g. Only equipment, machinery, and materials which are normally found in the home are used in the conduct of the home occupation. h. All material or equipment is stored within an enclosed structure. i. The home occupation does not produce nuisance noise, odors, smoke, heat, glare, vibration, or electrical interference beyond the residential lot occupied by the home occupation. j. No person is employed at the residence who does not legally reside in the home. k. Persons do not come to the location of the home occupation to be dispatched to other locations. l. Sale of products related to the home occupation is allowed with the following conditions: i. Products are shipped to and from the premises; or ii. Product sales occur off-site at a permissible location; or iii. Customers visit the premises by appointment only; or iv. Products are sold on the premises at garage sales as regulated by this chapter. m. No more than one non-illuminated wall sign up to two square feet in area is used to identify the home occupation. n. The home occupation does not include any of the following uses: auto body/painting, motor vehicle sales, motor vehicle service and repair, small engine repair, massage, medical/dental office, animal handling, beauty shop and barbershop, firearm sales, currency exchange, payday loan agency, sexually- oriented business or high-impact sexually oriented business. Section 6. RC high-density multiple-family residence district. Chapter 36, Section 36- 167(e)(6) of the St. Louis Park City Code is hereby amended to delete the following struck-out text (renumber accordingly): DocuSign Envelope ID: 1BC2B6F8-468C-4C2F-A261-F25922EFA331 Ordinance No. 2624-21 6 (6) Home occupations complying with all of the following conditions: a. The city has approve a Registration of Land Use for any home occupation established after July 12, 2019, that has customers or students coming to the site. b. The home occupation and structure housing the home occupation meets all applicable fire and building codes, as well as any other city, county, state, or federal regulations. c. The home occupation is clearly incidental and subordinate to the residential use of the property and does not change the character of the property. d. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. e. No portion of the home occupation is conducted within any attached or detached accessory building. f. Operation of the home occupation is not apparent from the public right-of-way. g. Only equipment, machinery, and materials which are normally found in the home are used in the conduct of the home occupation. h. All material or equipment is stored within an enclosed structure. i. The home occupation does not produce nuisance noise, odors, smoke, heat, glare, vibration, or electrical interference beyond the residential lot occupied by the home occupation. j. No person is employed at the residence who does not legally reside in the home. k. Persons do not come to the location of the home occupation to be dispatched to other locations. l. Sale of products related to the home occupation is allowed with the following conditions: i. Products are shipped to and from the premises; or ii. Product sales occur off-site at a permissible location; or iii. Customers visit the premises by appointment only; or iv. Products are sold on the premises at garage sales as regulated by this chapter. m. No more than one non-illuminated wall sign up to two square feet in area is used to identify the home occupation. n. The home occupation does not include any of the following uses: auto body/painting, motor vehicle sales, motor vehicle service and repair, small engine repair, massage, medical/dental office, animal handling, beauty shop and barbershop, firearm sales, currency exchange, payday loan agency, sexually- oriented business or high-impact sexually oriented business. Section 7. MX 1 vertical mixed use district. Chapter 36, Section 36 -264(f) of the St. Louis Park City Code is hereby amended to add the following underlined text and dele te the following struck-out text: (9) Home occupations as regulated by this chapter. complying with all of the conditions in the R-C district. DocuSign Envelope ID: 1BC2B6F8-468C-4C2F-A261-F25922EFA331 Ordinance No. 2624-21 7 Section 8. MX-2 neighborhood mixed use district. Chapter 36, Section 36 -265(f) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text: (3) Home occupations as regulated by this chapter. a. All material or equipment shall be stored within an enclosed structure. b. Operation of the home occupation is not apparent from the public right-of-way. c. The activity does not involve warehousing, distribution, or retail sales of merchandise produced off the site. d. No light or vibration originating from the business operation is discernible at the property line, or adjacent dwelling unit. e. Only equipment, machinery, and materials which are normally found in the home are used in the conduct of the home occupation. f. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. g. No portion of the home occupation is permitted within any attached or detached accessory building. h. The structure housing the home occupation conforms to the building code. If there are any customers or students coming to the site, then the home occupation has received a certificate of occupancy for the business. Section 9. Planned unit development district. Chapter 36, Section 36-268-PUD 1(c) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text: (2) Home occupations as regulated by this chaptercomplying with all of the conditions in the R- C district. Section 10. Planned unit development district. Chapter 36, Section 36-268-PUD 2(d) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text: (3) Home occupations as regulated by this chaptercomplying with all of the conditions in the R- C district. Section 11. Planned unit development district. Chapter 36, Section 36-268-PUD 5(c) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text: (8) Home occupations as regulated by this chapter. complying with all of the following conditions: a. All materials or equipment shall be stored within an enclosed structure. b. Operation of the home occupations is not apparent from the public right -of-way. c. The activity does not involved warehousing, distribution, or retail sales of merchandise produced off the site. DocuSign Envelope ID: 1BC2B6F8-468C-4C2F-A261-F25922EFA331 Ordinance No. 2624-21 8 d. No person is employed at the residence who does not legally reside in the home except that a licensed group family day care facility may have one outside employee. e. No light or vibration originating from the business opera tion is discernible at the property line. f. Only equipment, machinery and materials which are normally found in the home are used in the conduct of home occupation. g. No more than one non-illuminated wall sign limited to two square feet in area is used to identify the home occupation. h. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. i. No portion of the home occupation is permitted within any attached or detached accessory building. j. The structure housing the home occupation conforms to the building code. Section 12. Chapter 36, Section 36-268-PUD-7 (c) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck -out text: (2) Home occupations as regulated by this chapter.complying with all of the conditions for home occupations located in the R-C district. Section 13. Chapter 36, Section 36-268-PUD-8 (c) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck-out text: (1) Home occupations as regulated by this chapter. complying with all of the conditions in the R-C district. Section 14. Chapter 36, Section 36-268-PUD-9 (c) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck -out text: (2) Accessory Uses: *** b. Home occupations as regulated by this chapter. complying with all of the conditions in the R-C district. i. Except family day care is prohibited. Section 15. Chapter 36, Section 36-268-PUD-11 (d) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck -out text: (1) Home occupations as regulated by this chapter. are permitted on Lot 1 with the condition that they comply with all of the following conditions: a. All material or equipment shall be stored within an enclosed structure. b. Operation of the home occupation is not apparent from the public right-of- way. DocuSign Envelope ID: 1BC2B6F8-468C-4C2F-A261-F25922EFA331 Ordinance No. 2624-21 9 c. The activity does not involve warehousing, distribution or retail sales of merchandise produced off the site. d. No person is employed at the residence who does not legally reside in the home except that a licensed group family day care facility may have one outside employee. e. No light or vibration originating from the business operation is discernible at the property line. f. Only equipment, machinery and materials which are normally found in the home are used in the conduct of the home occupation. g. No more than one non-illuminated wall sign limited to two square feet in area is used to identify the home occupation. h. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. i. No portion of the home occupation is permitted within any attached or detached accessory building. j. The structure housing the home occupation conforms to the building code; and in the case where the home occupation is day care or if there are any customers or students, the home occupation has received a certificate of occupancy. Section 16. Chapter 36, Section 36-268-PUD-14 (c) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck -out text: (1) Home occupations as regulated by this chapter. are permitted with the condition that they comply with all of the following conditions: a. All material or equipment shall be stored within an enclosed structure. b. Operation of the home occupation is not apparent from the public right- of-way. c. The activity does not involve warehousing, distribution or retail sales of merchandise produced off the site. d. No person is employed at the residence who does not legally reside in the home except that a licensed group family day care facility may have one outside employee. e. No light or vibration originating from the business operation is discernible at the property line. f. Only equipment, machinery and materials which are normally found in the home are used in the conduct of the home occupation. g. No more than one non-illuminated wall sign limited to two square feet in area is used to identify the home occupation. h. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. i. No portion of the home occupation is permitted within any attached or detached accessory building. j. The structure housing the home occupation conforms to the building code; and in the case where the home occupation is day care or if there are any customers or students, the home occupation has received a DocuSign Envelope ID: 1BC2B6F8-468C-4C2F-A261-F25922EFA331 Ordinance No. 2624-21 10 certificate of occupancy. Section 17. Chapter 36, Section 36-268-PUD-15 (b) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck -out text: AB. Accessory uses: Accessory uses are as follows: 1. Home occupations as regulated by this chapter. are permitted with the condition that they comply with the following conditions: i. All material or equipment shall be stored within an enclosed structure. ii. Operation of the home occupation is not apparent from the public right-of-way. iii. The activity does not involve warehousing, distribution or retail sales of merchandise produced off the site. iv. No person is employed at the residence who does not legally reside in the home except that a licensed group family day care facility may have one outside employee. v. No light of vibration originating from the business operation is discernible at the property line. vi. Only equipment, machinery and materials which are normally found in the home are used in the conduct of the home occupation. vii. No more than one non-illuminated wall sign limited to two square feet in area is used to identify the home occupation. viii. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. ix. No portion of the home occupation is permitted within any attached or detached accessory building. x. The structure housing the home occupation conforms to the building code; and in the case where the home occupation is day care or if there are any customers or students, the home occupation has received a certificate of occupancy. Section 18. Chapter 36, Section 36-268-PUD-16 (b) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck -out text (renumber accordingly): 2. Accessory uses. Accessory uses are as follows: a. Home occupations as regulated by this chapter. are permitted with the condition that they comply with all of the following conditions: i. All material or equipment shall be stored within an enclosed structure. ii. Operation of the home occupation is not apparent from the public right-of-way. DocuSign Envelope ID: 1BC2B6F8-468C-4C2F-A261-F25922EFA331 Ordinance No. 2624-21 11 iii. The activity does not involve warehousing, distribution or retail sales of merchandise produced off the site. iv. No person is employed at the residence who does not legally reside in the home except that a licensed group family day care facility may have one outside employee. v. No light of vibration originating from the business operation is discernible at the property line. vi. Only equipment, machinery and materials which are normally found in the home are used in the conduct of the home occupat ion. vii. No more than one non-illuminated wall sign limited to two square feet in area is used to identify the home occupation. viii. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. ix. No portion of the home occupation is permitted within any attached or detached accessory building. b. The structure housing the home occupation conforms to the building code; and in the case where the home occupation is day care or if there are any customers or students, the home occupation has received a certificate of occupancy. Section 19. Chapter 36, Section 36-268-PUD-17 (c) of the St. Louis Park City Code is hereby amended to add the following underlined text and delete the following struck -out text: 11. Home occupations as regulated by this chapter. are permitted with the condition that they comply with all of the following conditions: a. All material or equipment shall be stored within an enclosed structure. b. Operation of the home occupation is not apparent from the public right-of- way. c. The activity does not involve warehousing, distribution or retail sales of merchandise produced off the site. d. No person is employed at the residence who does not legally reside in the home except that a licensed group family day care facility may have one outside employee. e. No light of vibration originating from the business operation is discernible at the property line. f. Only equipment, machinery and materials which are normally found in the home are used in the conduct of the home occupation. g. No more than one non-illuminated wall sign limited to two square feet in area is used to identify the home occupation. h. Space within the dwelling devoted to the home occupation does not exceed one room or ten percent of the floor area, whichever is greater. i. No portion of the home occupation is permitted within any attached or detached accessory building. j. The structure housing the home occupation conforms to the building code; and in the case where the home occupation is day care or if there are any DocuSign Envelope ID: 1BC2B6F8-468C-4C2F-A261-F25922EFA331 Ordinance No. 2624-21 12 customers or students, the home occupation has received a certificate of occupancy. Section 21. This ordinance shall take effect September 17, 2021. Reviewed for administration: Adopted by the City Council August 16, 2021 Kim Keller, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney First Reading August 2, 2021 Second Reading August 16, 2021 Date of Publication September 2, 2021 Date Ordinance takes effect September 17, 2021 DocuSign Envelope ID: 1BC2B6F8-468C-4C2F-A261-F25922EFA331