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Ordinance No. 1301 02-11-2013 ORDINANCE NO. 1301 AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO HOME OCCUPATIONS Section 1: That Section 205.03 of the Fridley City Code be hereby amended as follows: 38. Home Occupation. Any gainful occupation or profession engaged in by the owner or occupant of a dwelling unit and carried on occurring within the dwelling unit that meets all the requirements set forth in the applicable provisions of the Zoning Code. and not in an accessory building. Any home occupation must meet all requirements as specified in the corresponding zoning code. Any home occupation shall be clearly incidental and secondary to the principal use of the premises and shall have no adverse impact to building aesthetics, traffic volume, hours of operation, noise, odor, dust, smoke, heat, vibration, or any other activity that adversely affects the health, safety, and general welfare or is detrimental to the residential nature of the surrounding neighborhood. shall not change the residential character. The following are criteria of home occupations: A. Professional offices, minor repair services, photo or art studios, dressmaking, teaching and similar uses. B. No stock in trade is stored outside the dwelling unit. C. No over the counter retail sales are involved. D. Entrance to the home occupation is gained from within the structure. E. Teaching is to be limited to six (6) or less students at any given time. F. Licensed home based Family Day Care that serve twelve (12) or fewer children when one (1) care giver is provided and licensed home based Group Family Day Care that serve fourteen (14) or fewer children when two (2) care givers are provided, as defined by the Minnesota Rule, Parts 9502.0300 to 9502.0445. (Ref. 864) G. In addition to spaces required by the occupant (family), there is no need for more than two (2) additional parking spaces at any given time H. Employees shall consist of members of the immediate family only. Ordinance No. 1301 Page 2 Section 2: That Section 205.07 of the Fridley City Code be hereby amended as follows: (4) Home occupations Home occupations shall be allowed in the R-1 one-family dwelling district, subject to the following criteria. (a)Home occupations must be carried on entirely within the dwelling unit. (b)Home occupations are not permitted within a detached or attached accessory building or garage. (c)The entrance to the space devoted to such occupation shall be within the dwelling. There shall be no separate entrance into the business area. (d)Employees are restricted to occupants of the dwelling and a maximum of one (1) non-occupant employee. (e)There shall be no internal or external alterations, which involve construction features not customarily found in dwellings. (f)Mechanical equipment that is not customarily found in a home may not be installed within the dwelling. (g)Exterior storage of equipment or materials used in the home occupation is prohibited. (h)Parking of commercial vehicles must follow regulations set forth in Chapter 506.13 of Fridley City Code. (i)There shall be no additional exterior indication of the home occupation, including advertising and/or displays of any kind other than the permitted signage set forth in Chapter 214. (j)Parking needs for the home occupation shall not exceed more than two (2) parking spaces at any given time in addition to the spaces required by the occupants. (k)A home occupation involving teaching is limited to four (4) or less students at any given time and lessons or classes shall be given within the principal structure only. (l)Licensed day care as defined and regulated by state law is considered a permitted accessory use subject to the regulations set forth herein. (m)Over the counter retail sales are prohibited except for articles incidental to a permitted commercial service such as shampoo sold by a beautician or barber and sales conducted by mail or the internet. (n)No more than three (3) garage sales of no more than three (3) consecutive days per sales event may be conducted on a property in a 12-month period. (o)The following activities or those of a similar nature are prohibited: (1)Motor vehicle service or repair of any vehicles other than those registered to residents of the property; (2)A commercial food service requiring a State license or inspection by a government entity other than the City; (3)Activities that generate significant amounts of customer traffic to the premises, in excess of ten (10) vehicles per day; (4)Activities that generate significant amounts of truck traffic to the premises in excess of three (3) deliveries or pick-ups per week. Deliveries and pick-ups by semi-truck/trailer shall be prohibited. Ordinance No. 1301 Page 3 Section 3: That Section 205.08 of the Fridley City Code be hereby amended as follows: (6) Home occupations. Home occupations shall be allowed in the two-family dwelling district, subject to the following criteria. (a)Home occupations must be carried on entirely within the dwelling unit. (b)Home occupations are not permitted within a detached or attached accessory building or garage. (c)The entrance to the space devoted to such occupation shall be within the dwelling. There shall be no separate entrance into the business area. (d)Employees are restricted to occupants of the dwelling and a maximum of one (1) non-occupant employee. (e)There shall be no internal or external alterations, which involve construction features not customarily found in dwellings. (f)Mechanical equipment that is not customarily found in a home may not be installed within the dwelling. (g)Exterior storage of equipment or materials used in the home occupation is prohibited. (h)Parking of commercial vehicles must follow regulations set forth in Chapter 506.13 of Fridley City Code. (i)There shall be no additional exterior indication of the home occupation, including advertising and/or displays of any kind other than the permitted signage set forth in Chapter 214. (j)Parking needs for the home occupation shall not exceed more than two (2) parking spaces at any given time in addition to the spaces required by the occupants. (k)A home occupation involving teaching is limited to four (4) or less students at any given time and lessons or classes shall be given within the principal structure only. (l)Licensed day care as defined and regulated by state law is considered a permitted accessory use subject to the regulations set forth herein. (m)Over the counter retail sales are prohibited except for articles incidental to a permitted commercial service such as shampoo sold by a beautician or barber and sales conducted by mail or the internet. (n)No more than three (3) garage sales of no more than three (3) consecutive days per sales event may be conducted on a property in a 12-month period. (o)The following activities or those of a similar nature are prohibited: (1)Motor vehicle service or repair of any vehicles other than those registered to residents of the property; (2)A commercial food service requiring a State license or inspection by a government entity other than the City; (3)Activities that generate significant amounts of customer traffic to the premises, in excess of ten (10) vehicles per day; (4)Activities that generate significant amounts of truck traffic to the premises in excess of three (3) deliveries or pick-ups per week. Deliveries and pick-ups by semi-truck/trailer shall be prohibited. Ordinance No. 1301 Page 4 Section 4: That Section 205.23 of the Fridley City Code be hereby amended as follows: (4) Home occupations Home occupations shall be allowed in the Hyde Park Neighborhood District, subject to the following criteria. (a)Home occupations must be carried on entirely within the dwelling unit. (b)Home occupations are not permitted within a detached or attached accessory building or garage. (c)The entrance to the space devoted to such occupation shall be within the dwelling. There shall be no separate entrance into the business area. (d)Employees are restricted to occupants of the dwelling and a maximum of one (1) non-occupant employee. (e)There shall be no internal or external alterations, which involve construction features not customarily found in dwellings. (f)Mechanical equipment that is not customarily found in a home may not be installed within the dwelling. (g)Exterior storage of equipment or materials used in the home occupation is prohibited. (h)Parking of commercial vehicles must follow regulations set forth in Chapter 506.13 of Fridley City Code. (i)There shall be no additional exterior indication of the home occupation, including advertising and/or displays of any kind other than the permitted signage set forth in Chapter 214. (j)Parking needs for the home occupation shall not exceed more than two (2) parking spaces at any given time in addition to the spaces required by the occupants. (k)A home occupation involving teaching is limited to four (4) or less students at any given time and lessons or classes shall be given within the principal structure only. (l)Licensed day care as defined and regulated by state law is considered a permitted accessory use subject to the regulations set forth herein. (m)Over the counter retail sales are prohibited except for articles incidental to a permitted commercial service such as shampoo sold by a beautician or barber and sales conducted by mail or the internet. (n)No more than three (3) garage sales of no more than three (3) consecutive days per sales event may be conducted on a property in a 12-month period. (o)The following activities or those of a similar nature are prohibited: (1)Motor vehicle service or repair of any vehicles other than those registered to residents of the property; (2)A commercial food service requiring a State license or inspection by a government entity other than the City; (3)Activities that generate significant amounts of customer traffic to the premises, in excess of ten (10) vehicles per day; (4)Activities that generate significant amounts of truck traffic to the premises in excess of three (3) deliveries or pick-ups per week. Deliveries and pick-ups by semi-truck/trailer shall be prohibited. Ordinance No. 1301 Page 5 (5) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH 11 DAY OF FEBRUARY 2013. ________________________________ SCOTT J. LUND, MAYOR ATTEST: _______________________________ DEBRA A. SKOGEN, CITY CLERK Public Hearing: December 19, 2012 Public Hearing: January 7, 2013 First Reading: January 28, 2013 Second Reading: February 11, 2013 Published: February 21, 2013