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City of Deephaven, Minnesota

 

"two square miles of tranquility"

 

1306.01 Purpose. The purpose of this Section is to maintain the character and integrity of residential areas 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. In addition, this Section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or non-conforming home occupation.

1306.02 Permitted Home Occupation. Any permitted home occupation as defined in the Ordinance, and subject to the performance standards of this Section, may be conducted solely within a single family detached dwelling (excluding attached garage space and/or any accessory structure) without permit or special approval of the City.

Subd. 1. Permit Required. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this Section shall require a "special home occupation permit" which shall be applied for, reviewed and disposed of in accordance with the procedural provisions of a special use permit pursuant to Section 1320 of this Ordinance.

Subd. 2. Declaration of Conditions. The Planning Commission and City Council may impose such conditions on the granting of a special use permit as may be necessary to carry out the purpose and provisions of this Section.

Subd. 3. Transferability. Permits shall not run with the land and shall not be transferable.

Subd. 4. Lapse of Special Use Permit by Non-Use. Whenever within one (1) year after granting a permit the use as allowed by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the Zoning Coordinator at least thirty (30) days before the expiration of the original permits. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.

Subd. 5. Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six (6) months from the date of its denial unless a decision to reconsider such matters is made by not less than four-fifths (4/5) vote of the entire City Council.

Subd. 6. Inspections. The City of Deephaven hereby reserves the right upon issuing any special use permit for a home occupation to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this Section or any conditions additionally imposed.

Subd. 1. No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.

Subd. 2. No equipment shall be used in the home occupation, which will create electrical interference to surrounding properties.

Subd. 3. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.

Subd. 4. No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations.

Subd. 5. There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site.

Subd. 6. All vehicle parking required for conduct of the home occupation shall be off-street. Parking/storage of all commercial or non-passenger vehicles used in the home occupation shall be within a fully enclosed building.

Subd. 7. The home occupation shall meet all applicable fire and building codes.

Subd. 8. No home occupation activity of a non-residential character shall be discernable from any private or public street. There shall be no exterior display or exterior signs or interior display or interior signs related to the home occupation, which are visible from outside the dwelling.

Subd. 9. No equipment, machinery or materials other than of a type normally found in or compatible with a dwelling unit shall be allowed.

Subd. 10. Shipments and delivery of products, merchandise or supplies shall be limited to the hours of 8:00 AM and 6:00 PM and shall regularly occur only in single rear axle straight trucks or smaller vehicles used to serve residential areas.

Subd. 11. All home occupations shall comply with the provisions of the City Nuisance Ordinance.

Subd. 12. No home occupation shall be conducted between the hours of 6:00 PM and 7:00 AM unless said occupation is contained entirely within the principal building, excluding attached garage space and will not include any on-street parking facilities.

Subd. 13. No retail sales and delivery of products or merchandise to the public shall occur on the premises except when incidental to the services provided.

Subd. 14. Not over twenty-five (25) percent of any structure shall be used for a home occupation.

Subd. 15. Product sales associated with private social events (i.e., "Tupperware parties) shall be exempted from this section provided they occur no more than four (4) times per year at any given residence.

Subd. 1. Only one (1) employee, who does not reside on the premises, shall be employed.

Subd. 2. Customers and/or clients from the general public shall not come to the premises in question for purposes pertaining to the conduct of the home occupation.

Subd. 3. All permitted home occupations shall be conducted entirely within the principal structure, excluding attached garage space, and may not be conducted in an accessory building.

Subd. 1. Only two (2) employees, who do not reside on the premises, shall be employed.

Subd. 2. In house instrument instruction and/or educational tutoring shall be exempt from the provisions of this code.

Subd. 3. Home Occupations granted a special use permit must be issued an annual home occupation license. The fee shall be $50.00 annually.

Subd. 1. Service, repair or painting of any motorized vehicle, including but not limited to motor vehicles, trailers, boats, personal watercraft, recreation vehicles and snowmobiles.

Subd. 2. Dispatch centers where persons come to a site and are dispatched to other locations.

Subd. 3. Medical or dental clinic.

Subd. 4. Rental businesses.

Subd. 5. Contracting, excavating, welding or machine shops.

Subd. 6. Commercial kennels and veterinary clinics.

Subd. 7. Tow truck services.

Subd. 8. The sale, lease, trade or other transfer of firearms or ammunition.

Subd. 9. Sale or use of hazardous materials in excess of consumer quantities which are packaged for consumption by individual households for personal care or household use.

Subd. 10. Any other use of residential property deemed to be detrimental or inconsistent with the residential character of the neighborhood.