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Home My WebLink AboutOrdinance - 1-2009 - Amending City Code Section 11.65 Relating to Home Based Businesses - 02/17/2009CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 1-2009 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.2 RELATING TO DEFINITIONS, SECTION 11.65 RELATING TO OPERATION OF A HOME OCCUPATION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code, Chapter 11, Section 11.02, 27, entitled "Home Occupation" is amended in its entirety as follows: 27. Home Based Business - Any occupation or service 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. Section 2. City Code, Chapter 11, Section 11.65, Subdivision 1 is renumbered as Subdivision 2 and the following subparagraphs A, C, E, H, and I of said subdivision as renumbered are amended and subparagraphs J, K, L, M and N are added as follows: Subparagraph A is amended in its entirety as follows: A home based business shall be conducted in a dwelling. No more than 25% of the dwelling may be devoted to home based business use. Home based businesses are not permitted within a detached accessory building or garage. Subparagraph C. is amended in its entirety as follows: An entrance to the space devoted to such home based business shall be within the dwelling. There shall be no internal or external alterations, or construction features not typically found in a dwelling. Subparagraph E. is amended in its entirety as follows: No non -vehicular motor utilized in connection with the operation of a home based business shall exceed 1 horse power. Non -vehicular motors shall not be operated or tested at the premises of a home based business. Subparagraph H. is amended in its entirety as follows: Not more than one vehicle of not more than 3/4 ton capacity, nor any trailers, utilized in connection with a home based business shall be permitted at the site of the home based business. Any vehicles utilized in connection with the home based business having ladders, pipes, glass, tools, buckets, tanks, snow plow, winch, or any other appendages and vehicles licensed as a cab or limousine shall be parked in an attached garage when at the site of the home based business. Vehicles utilized in connection with a home business shall not be permitted to be parked on the public or private streets for more than 4 hours in a 24 hour period. Subparagraph I. is amended in its entirety as follows: A home based business shall not create business related pedestrian, automobile, or truck traffic in excess of 10 trips per dwelling per day. One trip shall be measured as any business related activity requiring pedestrian, automobile or truck to enter or leave on which the dwelling is located. Subparagraph I is added as follows: No retail or wholesale sales activity shall be conducted on the premises other than by telephone, mail, Internet or other electronic medium. Subparagraph K. is added as follows: Parking is limited to 4 spaces for an employee, visitors and invitees of the home based business. No vehicles utilized in connection with the home based business and no employee or customer vehicles may be parked on public or private streets. Subparagraph L. is added as follows: Deliveries for a home based business shall be limited to straight axle vehicles and shall be limited to two delivery or pick-up trips per day and during the hours of 7:00 a.m. to 7:00 p.m. Subparagraph M. is added as follows: Hours of operation for customers of a home business shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Subparagraph N. is added as follows: A home based business may display one exterior sign not to exceed one square feet for the dwelling and two signs for each vehicle associated with the home based business, each sign not to exceed one square feet. Section 3. City Code, Chapter 11, Section 11.65, is amended to add a new Subdivision 1, entitled "Purpose and Intent" as follows: Subd. 1. Purpose And Intent For Home Based Business - To establish standards by which home based businesses are allowed in residential neighborhoods and preserve the residential characteristics of the R, R1 and RM Districts. Home based businesses shall have no adverse impact to building aesthetics, traffic volume, noise, odor, or any other activity that adversely affects the health, safety and general welfare or is detrimental to the residential nature of the surrounding neighborhood. Section 4. City Code, Chapter 11, Section 11.65, Subd. 1 is amended by replacing the term "home occupation" wherever it appears in the subdivision with the term "home based business." Section S. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3Td day of February, 2009, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17`' day of February, 2009. 1 lr6li t� / � 9� UI KAleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on February 26, 2009. HOME OCCUPATION CODE AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 1-2009 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.2 RELATING TO DEFINITIONS, SECTION 11.65 RELATING TO OPERATION OF A HOME OCCUPATION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendments to city code chapter 11 relating to performance standards for home occupations. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /96t Kat een Forta, City Clerk Phil yang, Mayor PUBLISHED in the Eden Prairie News on February 26, 2009. (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Newspapers State of Minnesota ) CITY OF EDEN P)SS. HENNEPIN COUNTY, JX MINNESOTA County of Hennepin HOME OCCUPATION CODE AMENDMENT SUMMARY OF ORDINANCE NO. 1.2009 AN ORDINANCE OF THE CITY Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the OF EDEN PRAIRIE, publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts MINNESOTA, AMENDING CITY herein stated as Follows: CODE CHAPTER 11 BY AMENDING SECTION 11.2 (A) This newspaper has complied with the requirements constituting qualification as a legal RELATING TO DEFINITIONS, newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as SECTION 11.65 RELATING TO amended. OPERATION OF A HOME OCCUPATION; AND ADOPTING 3 7 BY REFERENCE CITY CODE (B) The printed public notice that is attached to this Affidavit and identified as No. 5-3 CHAPTER I AND SECTION 11.99 was published on the date or dates and in the newspaper stated in the attached Notice and said WHICH, AMONG OTHER Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of THINGS. CONTAIN PENALTY the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both PROVISIONS inclusive, and is hereby acknowledged as being the kind and size of type used in the composition THE CITY COUNCIL OF THE and publication of the Notice: CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: • This ordinance abcdeighl klmnopgrstu allows amendments to city code chapter 11s relating to occupations. standards for home occupations. LB Eff�iveDate: ThisOrdinance y shall take effect upon publication. Laurie A. Hartmann Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk (A full copy, of the text of this Subscribed and sworn before me on Ordinance fs available from City Clerk.) (Published in the Eden Prairie News an Thursday, February26,2009;No. this day of 2009 3753) ..en.i+c...sw JYMME J. BARK 1 NOTARY PUBLIC - MINNESOTA My Commission Expires 01131/2013 Not,PObli, I RATE INFORMATION Lowest classified rate paid by commercial users for comparable space... $31.20 per column inch Maximum rate allowed by law for the above matter ................................... $31.20 per column inch Rate actually charged for the above matter ............................................... $12.43 per column inch