Loading...
5 Amendment Home Occupationst CITYOF ~90 City Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.937. I900 General Fax 612.93Z5739 £ngineering Fax 612 93 Z 9152 Public Safety ?ax 612.934.2524 Web www. ci. chanhassen, mn, us MEMORANDUM TO: Planning Commission FROM: Cynthia Kirchoff, Planner II DATE: April 12, 2000 PC DATE: CC DATE: April 19, 2000 May 8, 2000 Zoning Ordinance Amendment Article XXIII. General Supplemental Regulations Division 3. Home Occupations PROPOSAL The City receives numerouS complaints concerning home occupations. Staff believes there are gray areas in the ordinance that make interpretation difficult at times. For instance, if the occupation is not stated, is it prohibited? Staff wants to ensure the ordinance is clear for residents and those who have to enforce it. The proposed amendment revises the definition of home occupation, prepares an intent statement and clarifies existing standards. PLANNING COMMISSION UPDATE On February 3, 2000, the Planning Commission reviewed an issue paper concerning home occupations and the proposed ordinance amendment (see Attachment 1). The commission was concerned with placing additional restrictions on property zoned residential, hours of operation of home occupations, and non-home occupation business vehicles. The current home occupation ordinance limits the type of business, the hours, the' traffic and parking and the number of employees. It prohibits outdoor storage associated with the business and retail sales. The proposed ordinance specifically prohibits the parking of typical contractor's equipment. Further it limits the type of vehicles used with the home occupation. The intent is to clarify what is not permitted. The hours of operation for home occupations are not to be changed. A home occupation can operate between the hours of 8:00 a.m. and 8:00 p.m. The · nuisance ordinance (see Attachment 2) restricts the hours for various activities, but those specified are less strict than the home occupation ordinance. 3e Cit~ of Chanhassen. A erowht~ commumh, w/tt, clean lakes, aualin, schools, a cham~i,~ downtown, thrivine businesses, and beautiM varks. A great olace to live, work, and flay. Plarming Commission Home Occupation ZOA April 12, 2000 Page 2 Non-home occupation business vehicles are not prohibited by the ordinance. If a resident works for a bottling company and drives a vehicle that has the name'of the beverage on the door, this is not prohibited by ordinance. Section 20-1102., Parking of Trucks in R-Districts states, ~'No trucks or other commercial vehicle with multiple axels shall be parked on any residential premises or street in any R-District overnight; provided that nothing herein shall prevent the parking of such vehicle in a fully enclosed garage or similar permanent structure, or the parking of necessary construction vehicles during the construction period on the premises where construction is in progress." Staff makes the interpretation that the City cannot require one to drive a certain vehicle to work, but can prohibit the vehicle utilized for a commercial business parked outdoors on residentially zone property. SUMMARY Local governments attempt to mitigate the impacts of a small business in a residentially zoned district by adopting a home occupation ordinance. Issues such as the types of businesses permitted and prohibited, the number of non-resident employees and the hours of operation are typically regulated. The current ordinance addresses these issues, however, staff would like to clarify what activity is permitted in conjunction with a home occupation. The proposed zoning ordinance amendment revises the definition of home occupation, specifies an'intent statement and clarifies the performance standards under which a home occupation may operate. The current ordinance does not have an intent statement. A purpose or intent statement serves to express the objective of the ordinance. The intent in most cases is to protect adjacent properties from the business or activity. Staff has prepared an intent statement that permits such activities but requires that they .do not compromise the character of the residential neighborhood. The proposed ordinance amendment clarifies the standards under which a home occupation may operate. These are referred to as performance standards. Performance standards are, by definition, a set of criteria relating to certain characteristics that a particular use may not exceed. These standards may include limiting the occupation to one non-resident employee, the hours of operation and the area to be utilized for the business. This is the best method for restricting home occupations. The amended ordinance eliminates the permitted uses section. As long as the occupation meets the standards, it is permitted. The current ordinance prohibits the outdoor storage of anything in connection with the home occupation. Staffhas interpreted this to mean no contractors' equipment or materials may be stored on the site. The amendment clarifies that assumption. Section. 20-985. Commercial parking and vehicles prohibits the outdoor parking of commercial vehicles that exceed a weight and length restriction. Further, the exterior parking of equipment is expressly prohibited. Planning Commission Home Occupation ZOA April 12, 2000 Page 3 PROPOSED AMENDMENTS All new information is in bold and any outdated information has been struck-through. ARTICLE I. GENERAL Sec. 20-1. Definitions. Home occupation means an occupation, profession, activity or use carried out for gain by a resident that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. ARTICLE XXIII. GENERAL SUPPLEMENTAL REGULATIONS DIVISION 3. HOME OCCUPATIONS Sec. 20-976. Compliancc. Purpose. A homc occupation may bc cstablished and conductcd only in accordance with this division. The purpose of this ordinance is to regulate home occupations in residential zoning districts to ensure that they are incidental to the primary residential use of the property and to establish standards by which home occupations can be conducted without compromising the character of the residential neighborhood. Sec. 20-977. Subordinate use. The use of a dwelling unit for any home occupation shall be clearly incidental and subordinate to its residential use. Not more than twenty-five (25) percent of the floor area of one (1) floor of a dwelling unit shall be used in the conduct of the home occupation. No garage or accessory buildings except accessory agricultural buildings existing on February 19, 1987 shall be used for any home occupation. Sec. 20-978. Occupations pcrmitted prohibited. (a) Thc following homc occupations arc pcrmittcd: (1) Professional scrviccs such as architects, cnginecrs, attomcys, officc, real estate agcnts, insurancc agents, and computcr programmcrs, secretarial scrviccs, and manufacturer's rcprcscntativcs. (2) Dressmaking, scwing, and tailoring. (3) Painting, sculpturing or writing. (1) Ilomc crafts such as model making, rug wcaving, lapidary work, pottery and cabinct malting. Planning Commission Home Occupation ZOA April 12, 2000 Page 4 (5) Tutoring scrviccs (c.g., piano tcachcr). {-6-) (1) Contractors' yards/landscaping businesses are prohibited for homc occupations. Sec. 20-979. Outside appearance. The home occupation shall be conducted entirely within a fully enclosed building. No change in the outside appearance of the building or land, or other visible evidence of the conduct of the home occupation shall be permitted. Outdoor storage of anything is prohibited in connection with a home occupation. Sec. 20-980. Hours of operation. The hours of operation of any home occupation shall be limited to between 8:00 a.m. and 8:00 p.m. Sec. 20-981. Use of equipment. No mechanical or electrical equipment requiring the use of voltage in excess of two hundred twenty (220) volts single phase shall be used in the conduct of a home occupation. Sec. 20-982. Traffic and parking. No traffic shall be generated by any home occupation in greater volume than would be normally be expected in a residential neighborhood, and no home occupation involving the need for more than three (3) parking spaces for the occupants and visitors shall be permitted. Adequate off-street parking facilities required to service the home occupation shall be provided on the premises, but no such parking facilities shall be established within any required front or side yard, except upon an established driveway. Sec. 20-983. Retail and wholesale sales prohibited. No commodities, merchandise or supplies shall be sold or offered for sale upon or from the premises, Whether at retail or wholesale. See. 20-984. Nonresident employee. Only one (1) nonresident of the dwelling unit may be employed upon the premises of a home occupation. Planning Commission Home Occupation ZOA April 12, 2000 Page 5 Sec. 20-985. Commercial equipment and vehicles. Exterior parking of trailers, steer skid loaders, landscaping equipment, cement mixers, and other similar types of equipment used in conjunction with the home occupation is prohibited. Parking of commercial vehicles in excess of 22 feet in length is prohibited. No commercial vehicles in excess of nine thousand (9,000) pounds gross weight shall be used in connection with the home occupation or parked on the property. RECOMMENDATION Staff recommends approval of the amendment to Section 20-1, Section 20-976, Section 20-978 and Section 20-985 as outlined above. ATTACHMENTS 1. Home Occupation Ordinance Issue Paper 2. Chapter 13. Nuisances g:\plan\ck~zoning ordinance amendments\home occupation zoa.doc CIT OF 690 Cit~ Onter Ddve, l)O Box 147 Chanhassen, Minnesota 55317 l~hone 612.937.1900 General Fax' 612.93Z5739 Engi,eering Fax 612.93Z9152 Publk SafeO, Fax 612.934.2524 Web wwu:ci.d,anhassen, m,.m MEMORANDUM TO: Planning Commission FROM: Cynthia Kirchoff, Planner I DATE: January 26, 2000 RE: Home Occupation Ordinance Issue Paper SUMMARY Staff receives numerous complaints on outdoor storage and/or additional traffic associated with home-based businesses. The City regulates home occupations, however, some gray areas exist in the interpretation of the ordinance. That is, if it is not specifically stated, is the business activity permitted? The puq~ose of this memorandum is to offer an overview of the issues relating to home occupations and recommend amendments to the ordinance. BACKGROUND Although zoning has only exJsied since the tt;rn of the century, its impacts are profound and .{hr-rcaching. Zoning originated to protect the val'ue of the single- Pamily home fi'om incompatible uses. The logic was, in order to protect its value all other non-residential uses must be located as far away as possible. This included two-fanfily dwellings and apartments. All uses were segregated. Two- family homes were separated fi'om single-family homes and the corner grocery store was relocated to the arterial roadway. Ultimately, zoning altered a functioning way of life in some older urban areas and created traffic problems in the outlying suburbs. For instance, Mrs. Smith can no longer operate a hair salon in the basement of her home because it violates the home occupation ordinance. The salon must be located in a business district, perhaps only a car ride away from home but more likely a 45-minute commute. Local govermnents attempt to mitigate the impacts of a small business in a residentially zoned district by adopting a home occupation ordinance. Issues such as the types of businesses permitted and prohibited, the number of non-resident employees and the hours of operation are typically regulated. Many of the ordinances are out of touch with today's economy and lifestyles. Planning Commission Home Occupation Issue Paper January 26, 2000 Page 2 History of our zoning ordinance The City adopted its first zoning ordinance in February of 1972. This rather short document, only 23 pages, addressed regulations for various zoning districts, general regulations (e.g., signs, accessory buildings, etc.), non-conforming uses, variances and conditional use permits. A specific home occupation ordinance was not included, but the following definition was: "Home occupation is any occupation or profession carried on by a member of the immediate family residing on the premises in connection with which there is no display.that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling. There shall be no commodities sold upon the premises and no person employed therein other than a member of the immediate family residing on the premises or domestic servants: and no mechanical or electrical equipment shall be used except such as is normally used for purely domestic or professional purposes. No accessory building shall be used for such home occupation. Clinics, hospitals, barbershops, beauty parlors and animal hospitals are not home occupations." In 1983, the zoning ordinance was amended to allow home occupations in the residential and planned unit development districts. The next year, the ordinance was amended to allow contractors' yards as conditional uses in the R-1A district. This amendment was repealed in 1989. A major zoning ordinance amendment took place in 1986. The home occupation ordinance was included in this revised document and has remained virtually unchanged in 13 years, with the exception of one amendment. In 1995, the home occupation ordinance was amended to prohibit contractors' yards as home occupations. The issue with the existing ordinance is that it permits professional services, crafts and tutoring and prohibits only contractors' yards/landscaping businesses. Therefore, the ordinance is both inclusive and exclusive. It is also contradictory. For instance, it prohibits the use of an accessory structure yet it permits cabinet making. It is uncommon for one to build cabinets in a dwelling unit. Issues Associated with Home Occupations The City of Chanhassen does not require a license for home occupations therefore, we are not aware of the business until it becomes a nuisance to the neighbors. Generally, the zoning ordinance is enforced on a complaint basis. Ifa neighbor notices additional traffic or outdoor storage the City usually receives a telephone call. Staff inspects the property and drafts the property owner a letter indicating any code violations. The greatest number complaints concern contractor's yards. A contractor's yard is defined as any o fuse of land where vehicles, equipment, and/or construction materials and supplies Planning Commission Home Occupation Issue Paper January 26, 2000 Page 3 commonly used by building, excavation, roadway construction, landscaping and similar contractors are stored or serviced. A contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business. Typically, the complaints involve materials or equipment being stored or parked in a driveway. Technological and lifestyle changes mean more people can work from the home. Although a home office is permitted under the ordinance, a substantial number of delivery trucks and visitors/clients will create additional traffic, thus disturbing the neighbors (See Attachments 2-4). Purpose of a Home Occupation Ordinance A balance must be established between rights of all property owners. That is the purpose of a home occupation ordinance. It allows the incubation of a small business, yet protects the integrity of the neighborhood. In the following sections, staff attempts to review the issue associated with the home occupation ordinance and make recommendations for modifications. ANALYSIS Home occupation ordinances are essentially borne out of the same mold. However, they still are drafted and interpreted differently. The following section demonstrates the differences. Definition The definition of an item in the zoning ordinance may serve the purpose of a broad overview or may offer more specifics. Defining a home occupation is just as important as the ordinance because it may not address every occupation. A definition may provide additional insight not explicitly stated in the ordinance text. The following are definitions from various municipalities: "Any activity carried out for gain by a resident and conducted as a customarw incidental, and accessory use in the resident's dwelling unit." "A home occupation is defined as any business, occupatiom profession or commercial activity that is conducted or petitioned to be conducted from property that is zoned for residential use." (Blaine) "Any occupation of a service character which is clearly secondary to the main use of the premises as a dwelling, and does not change the character thereof or have any exterior evidence of such secondary use." (Eden Prairie) Planning Commission Home Occupation Issue Paper January 26, 2000 Page 4 "Any activity carried out for gain by a resident conducted as an accessory use entirely within the resident's dwelling unit, employing only the inhabitants thereof without the use of a sign to advertise the occupation, without offering any commodity or service for sale on the Premises and which does not create obnoxious noise or other obnoxious conditions to abutting residential property such as odor, increased traffic, smoke, or electrical interference. Specifically excluded is the storage of display of merchandise not produced by such home occupation, any activity involving any building alterations, window display, construction features, equipment, machinery or outdoor storage, any of which is visible from off the lot on which located." (Plano, TX) "A business or profession which is customarily carried on in a dwelling unit (or in a building or other structure accessory to a dwelling unit) by a member of the family residing in the dwelling unit. Home occupations shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes, and shall conform to the regulations and requirements of Section 80.1001.1-2 of this ordinance. Receipt of mail and the making and receiving of telephone calls and other routine office work done exclusively by the dwelling unit resident are not prohibited and do not constitute a home occupation. If, however, the business involves storage of materials, goods, equipment or supplies other than ordinary office supplies or generates any traffic or deliveries other than mail, it is a home occupation." (Canandaigua, NY) "A home occupation is an accessory use of a dwelling unit that is: (A) used fOr gainful employment that involves the provision, assembly, processing or sale of goods and/or services; and (B) Incidental and secondary to the residential use of the structure and does not change the essential character of the dwelling unit; but (C) Excludes uses that provide shelter or lodging to persons who are not members of the family residing in the dwelling unit as defined in Chapter 18, 'Definitions,' of this ordinance." (Evanston, IL) "A 'home occupation' is an occupation or profession which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and which is carried on by a member of the family residing in said dwelline unit." (Niskayuna, NY) "Home occupation means a business or enterprise conducted in a dwelling and incidental to the principle residential use whether conducted for profit or not for profit." (Stillwater, MN) In reviewing the definitions, several terms or phases are consistently mentioned: · customary, incidental · secondary to the main use of the premise as a dwelling · does not alter character of the residential neighborhood · carried out for gain by a resident · business, occupation, professional or commercial activity that is conducted from property that is zoned for residential use Planning Commission Home Occupation Issue Paper January 26, 2000 Page 5 According to the majority of ordinances, a home occupation should be incidental and secondary to the main use of the property. If it becomes a primary use of the property, the business should be relocated to a more appropriate business or industrial zoning district. Currently, our definition of home occupation is as follows: "...an occupation, profession, activity or use that is clearly a customary, incidentak and secondary use ora residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood." The definition addresses all issues except the activity is "carried out for gain by a resident." Perhaps the definition should be amended as follows: "...an occupation, profession, activity or use carried out for gain by a resident that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood." Ordinance Contents Home occupation ordinances are usually organized around the foliowing principles: permitted uses, prohibited uses and performance standards. The following table depicts the format of 11 home occupation ordinances. TABLE 1 Suburban Home Occupation Ordinances Specify Specify Performance Purpose or Permit Permitted Prohibited Standards h~tent Required Community Uses Uses Statement Andover X X X Blaine X X Bloomington X X X Bumsville X Chaska X Cottage Grove X X X Eden Prairie X Edina X X X Mankato X X Maple Grove X X X Special use permit, depending on use CUP, depending on use CUP, depending on use CUP Planning Commission Home Occupation Issue Paper January 26, 2000 Page 6 Minnetonka Shakopee X CUP, depending on use X Administrative permit Permitted Uses Many communities, including the City of Chanhassen, list permitted home occupations. The most common permitted uses are dressmaking/tailoring, architect/landscape architect, teaching service, day care, sales representative, word processing service and photography. The problem associated with specifying permitted uses is that it may exclude a use that may be appropriate in a residentially zoned district. It would be easier to simply note the prohibited uses. Furthermore, some uses listed are outdated (e.g., millinery service or hat making) because the economy or lifestyles have changed. Prohibited Uses The most common prohibited uses are barbershop/beauty parlor, hospital/clinic, contractor's yard, repair service, funeral home, restaurant, antique or gift shop, professional office, kennel, massage/health club, medical and dental office, landscaping service and music and dance school. Many of these uses created traffic problems or would quickly become the dominant use of the dwelling. Foremost, the business activities listed are not serving just the surrounding community or neighborhood but are regional, thus creating additional traffic or activity. Also, some uses that are specifically prohibited, if conducted in accordance with an ordinance, may not disrupt the neighboring properties. Performance Standards Performance standards are, by definition, a set of criteria relating to certain characteristics that a particular use may not exceed. These standards may include limiting the occupation to one non- resident employee, the hours of operation and the area in the utilized for the business. This is the best method for restricting home occupations. The City of Chanhassen limits the hours of operation, the amount of traffic and parking, the number of nonresident employees and prohibits retail sales. Purpose or Intent Statement A purpose or intent statement serves to express the objective of the ordinance. The intent in most cases is to protect adjacent properties from the business or activity. Burnsville's ordinance states that "The purpose of this Chapter is to maintain the character and integrity of residential areas Planning Commission Home Occupation Issue Paper January 26, 2000 Page 7 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." Chaska's states "It is the intent of this Section to provide for those customary home occupations which will not be detrimental to the desired low intensity residential environment." The City of Chanhassen does not have an intent or purpose statement. Permits A few of the communities surveyed require a permit to operate some home occupations. For instance, Andover requires a special use permit for occupations conducted in a garage or accessory structure such as cabinet making, woodworking, repair services and similar uses. Cottage Grove requires a conditional use permit for all home occupations. Ifa conditional use permit is required, enforcement policies must be established. Typically, CUPs are reviewed on a complaint basis. Staff would review the conditions of approval of the permit and determine if the property owner is in compliance. This would take the time of staff as well as the Planning Commission and City Council. PROPOSED AMENDMENTS Staff has prepared amendments to the existing ordinance. All new information is in bold and any outdated information has been struck-through. ARTICLE I. GENERAL Sec. 20-1. Definitions. Home occupation means an occupation, profession, activity or use carried out for gain by a resident that is clearly a customary, incidental, and secondary Use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. ARTICLE XXIII. GENERAL SUPPLEMENTAL REGULATIONS DIVISION 3. HOME OCCUPATIONS Sec. 20-976. Compliancc. Purpose. A homc occupation may bc established and conductcd only in accordance with this division. The purpose is of this ordinance is to regulate home occupations in residential zoning districts to ensure they are incidental to the primary Planning Commission Home Occupation Issue Paper January 26, 2000 Page 8 ~ residential use of the property and to establish standards that compel compatibility with other permitted uses and maintain the character of the residential neighborhood. Sec. 20-977. Subordinate use. The use of a dwelling unit for any home occupation shall be clearly incidental and subordinate to its residential use. Not more than twenty-five (25) percent of the floor area one (1) floor of a dwelling unit shall be used in the conduct of the home occupation. No garage or accessory buildings except accessory agricultural buildings existing on February 19, 1987 shall be used for any home occupation. Sec. 20-978. Occupations pcnnittcd prohibited. (a) Thc following homc occupations arc pcrmitted: (1) Profcssional scrviccs such as architccts, cnginccrs, attorncys, officc, rcal cstatc agcnts, insurancc agcnts, and computcr programmcrs, sccrctarial scrviccs, and manufacturer's rcprcscntativcs. (2) Drcssmaking, scwing, and tailoring. (3) Painting, sculpturing or writing, (~1) Ilomc crafts such as model making, rug wcaving, lapidary work, pottcry and cabinct making. (5) Tutoring sclwiccs (c.g., piano tcachcr). (-6) (1) Contractors' yards/landscaping businesses arc prohibitcd for homc occupations. Sec. 20-979. Outside appearance. The home occupation shall be conducted entirely within a fully enclosed building. No change in the outside appearance of the building or land, or other visible evidence of the conduct of the home occupation shall be permitted. Outdoor storage of anything is prohibited in connection with a home occupation. Sec. 20-980. Hours of operation. The hours of operation of any home occupation shall be limited to between 8:00 a.m. and 8:00 p.m. Planning Commission Home Occupation Issue Paper January 26, 2000 Page 9 Sec. 20-981. Use of equipment. No mechanical or electrical equipment requiring the use of voltage in excess of two hundred twenty (220) volts single phase shall be used in the conduct of a home occupation. Sec. 20-982. Traffic and parking. No traffic shall be generated by any home occupation in greater volume than would be normally be expected in a residential neighborhood, and no home occupation involving the need for more than three (3) parking spaces for the occupants and visitors shall be permitted. Adequate off-street parking facilities required to service the home occupation shall be provided on the premises, but no such parking facilities shall be established within any required front or side yard, except upon an established driveway. Exterior parking of trailers, Bobcats, landscaping equipment, cement mixers, and other similar types of equipment used in the home occupation is prohibited. Parking of vehicles in excess of 22 feet in length is prohibited. Sec. 20-983. Retail and wholesale sales prohibited. No commodities, merchandise or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. Sec. 20-984. Nonresident employee. Only one (1) nonresident of the dwelling unit may be employed upon the premises of a home occupation. Sec. 20-985. Commercial vehicles. No commercial vehicles in excess of nine thousand (9,000) pounds gross weight shall be used in connection with the home occupation or parked on the property. RECOMMENDATION Staff requests direction to draft an amendment to the home occupation ordinance based upon the information discussed in this memorandum. At a later date, a public hearing would be held before the Planning Commission and your recommendation would be forwarded to the City Council. Planning Commission Home Occupation Issue Paper January 26, 2000 Page 10 ATTACHMENTS 1. Home Occupation Ordinance 2. "Home Occupations and Zoningff New Hampshire Town and City, July-August 1988 3. "When Home is Where the Business is," Zoning News, December 1991 4. "Home Occupations as Accessory Uses," Zoning News, January 1996 g:\plan\ckXzoning ordinance amendments\home occupation issue paper.doc