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Home My WebLink About1982-02 02-08 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of February, 1982 at 8 :00 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to.the Zoning Ordinance regarding Home Occupations. ORDINANCE NO. 82 -2 AN ORDINANCE AMENDING CHAPTERS 34 AND 35 REGARDING THE PROVISIONS FOR HOME OCCUPATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The following provisions of Section 34 -110 and Section 35 -900 of the City Ordinances are hereby repealed. Home Occupation [Any gainful occupation or profession, engaged in by the occupant of a dwelling unit within said dwelling, which is clearly incidental and secondary to the residential use of the premises, provided, such activity does not produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the premises; does not involve the use of accessory structures; and further provided that said activity does not involve any of the following: repair, service or manufacturing which requires equipment other than that customarily found in a home; over the counter sale of merchandise produced off the premises; or the employment of persons on the premises, other than those customarily residing on the premises. Examples include: dressmaking; secretarial services; professional offices; answering service; individual music or art instruction; individual hobby craft; child day care (defined as the care of not more than five (5) nonresident children and provided the facility and operation are properly licensed by the County, and provided a record of said license is on file with the City); and the like.] Home Occupation, Special [Any gainful occupation or profession, approved by special use permission, engaged in by the occupant of a dwelling unit within said dwelling or involving not more than one accessory use permitted by Section 35 -310 or Section 35 -311, and which involves any of the following: stock -in -trade incidental to the performance of the service; repair, service, or manufacturing which requires equipment other than that customarily found in a home; the employment on the premises, at any one time, of not more than one person who is a nonresident of the premises; the teaching of more than one (1) but not more than four (4) nonresident students at any given time; or the need for not more than two (2) parking spaces in addition to spaces required for the persons residing on the premises; and provided the activity: is clearly incidental and secondary to the residential use of the premises, including the dwelling, and permitted accessory buildings or installations thereon; does not produce light glare, noise, odor or vibration perceptible beyond the boundaries of the premises; does not consist of over -the- counter sales of merchandise produced off the premises. Examples include: barber and beauty services, shoe repair, photography studio, group lessons, saw sharpening, motor driven appliance and small engine repair, and the like.] Section 2. Section 34 -110 and Section 35 -900 of the City Ordinances are amended by the addition of the following: Home Occupation Subject to the further limitations of Section 35 -405 of the Zoning Ordinance, a Home Occupation is any gainful occupation or profession, carried on within a Dwelling Unit, by a family member residing within a Dwelling Unit, which is clearly incidental and secondary to the residential use of the Dwelling Unit and the Lot upon which it is constructed, including, without limitation, dressmaking, secretarial services, professional offices, answering services, individual music or art instruction, individual hobby crafts, and day care and similar activities. Home Occupation, Special Subject to the further limitations of Section 35 -406 hereof, and subject to approval by the City Council, a special home occupation is any gainful occupation or profession carried on within a Dwelling Unit or any permitted accessory buildings or installations on a Lot, by a family member residing within the Dwellin g Unit y which is clearly incidental and secondary to the residential use of the Dwelling Unit, the accessory structures, and the Lot upon which it is constructed, including, without limitation, barber and beauty services, shoe repair, photography studios, group lessons, saw sharpening, motor driven appliances and small engine repair, and similar activities. Section 3. Chapter 35 of the Brooklyn Center Zoning Ordinance, is amended by the addition of the following: Section 35 -405. ADDITIONAL REQUIREMENTS FOR HOME OCCUPATIONS: 1. No home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the Lot; 2. No home occupation shall involve the use of any accessory structures or installations; 3. No home occupation shall involve the use of equipment other than that customarily found in a residential Dwelling Unit; 4. No home occupation shall involve the retail sale of merchandise produced off the Lot; 5. No home occupation shall involve the employment on the Lot of persons who are not members of the family residing on the Lot; 6. No home occupation providing day care shall serve more than ten (10) children who are not members of the family occupying the Dwelling Unit; and such day care home occupation shall be licensed by Hennepin County and a copy of the said license shall be kept on file with the City Clerk; 7. No home occupation shall cause traffic congestion on the Lot containing the home occupation or on the streets adjacent thereto; 8. No automobile parking related to the home occupation shall be permitted on the street. Section 35 -406. ADDITONAL REQUIREMENTS FOR SPECIAL HOME OCCUPATIONS: 1. All special home occupations shall require approval of a special use permit pursuant to Section 35 -220 of the Brooklyn Center Zoning Ordinance; 2. No special home occupation shall use more than one accessory structure or installation and such structure or installation must be a permitted use under Section 35 -310 and Section 35 -311 of the Brooklyn Center Zoning Ordinance. 3. A special home occupation may use equipment not customarily found in a, residential Dwelling Unit; 4. No special home occupation shall employ, at any one time, more than one person who is not a member of the family occupying the Dwelling Unit; 5. No special home occupation may include the teaching of more than ten (10) students at one time who are not members of the family occupying the Dwelling Unit; 6. No special home occupation shall cause traffic congestion on the lot containing the Special home occupation or on the streets adjacent thereto. 7. No automobile parking related to the special home occupation shall be permitted on the street provided, however, that upon a finding that the Special home occupation is not feasible without on street parking, the City Council may authorize parking on''the street based upon a consideration of Section 35 -220.2 and of the following: (a) The amount of the applicant's street frontage. (b) The rights of adjacent residents to park on the street. (c) Preservation of the residential character of the neighborhood. 8. No special home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the Lot; 9. No special,home occupation shall include the retail sale of merchandise produced off the Lot. Section 4. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 8th day of February 1982. Mayor ATTEST: k Clerk Date of Publication January 21, 1982 Effective Date February 20, 1982 (Underline indicates new matter, brackets indicate matter to be deleted.)