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Burnsville City Zoning Code

CHAPTER 10

12A RESIDENTIAL BUSINESS REQUIREMENTS

10-12A-1: Purpose

The purpose of this chapter 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. This chapter also distinguishes between special sales events and continuous business. (Ord. 1445, 12-5-2017)

10-12A-2: Home Occupation

A home occupation, including short term home rentals permitted under section 3-31-3 of this Code, may be conducted in a residential dwelling in any residential zoning district subject to the following requirements:

  1. Exterior Parking:
    1. Exterior parking of vehicles in excess of twenty two feet (22') in length is prohibited.
    2. No more than four (4) vehicles related to the home occupation, including customer vehicles, may be parked on the property outside a garage. Vehicles parked outside a garage may only be parked on driveways surfaced with concrete, bituminous, or brick pavers.
    3. Exterior parking of trailers, bobcats, landscaping equipment, cement mixers, and other similar types of equipment used in the home occupation is prohibited.
  2. Employees: Only residents of the dwelling may engage in or conduct the home occupation in the home except:
    1. One nonresident if, by reason of physical or medical condition, the owner would not, in the absence of such assistance, be able to conduct the home occupation, or
    2. One nonresident individual.
  3. Accessory Use Of The Property: The home occupation shall be conducted entirely within the principal dwelling. Occasional use may be made of a backyard for activities not involving manufacturing, assembly, or fabricating if such use does not create a nuisance or violate the City's noise standard. The home occupation may not be conducted in accessory buildings or in attached or detached garages. Exterior storage is prohibited. Garages may be used for storage if sufficient room is maintained for the number of vehicles for which the garage is designed.
  4. Appearance:
    1. Except for customer and delivery vehicles, and one nonilluminated nameplate sign not larger than two (2) square feet affixed to the dwelling immediately adjacent to the entrance used for business access and except as otherwise expressly authorized by this chapter, there shall be no evidence of the occupation, activity, or business use visible, audible, or with an odor detectable from the exterior of the dwelling.
    2. No structural changes to the dwelling or residential driveway shall be permitted which are inconsistent with the residential use and appearance of the property.
  5. Public Health: The use of dumpsters in conjunction with the home occupation is prohibited.
  6. General Restrictions:
    1. Except for short term home rental to transients, customer visits related to the home occupation shall be allowed only during the hours of seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. Monday through Saturday. Deliveries and pickups related to the home occupation shall only be allowed during the hours of eight o'clock (8:00) A.M. to six o'clock (6:00) P.M. Monday through Saturday.
    2. Sales of goods shall be allowed only if incidental to, and made at the time of, the primary provision of a business service.
    3. Deliveries may not be made by semitrailer truck.
    4. No business activity may be conducted which is illegal or prohibited under any other City ordinance or applicable law. (Ord. 1445, 12-5-2017)

10-12A-3: Special Sales Events

Special sales events may be conducted from a residential dwelling in any Residential Zoning District subject to the following requirements:

  1. General Requirements:
    1. At least five percent (5%) of the items being sold must be owned by a resident of the dwelling.
    2. No more than two (2) sales events may take place in a twelve (12) month period. Each sales event may be one, two (2), three (3), or four (4) consecutive days.
  2. Signage: A special sales event may be advertised with the use of not more than six (6) temporary signs which may be displayed on the residential premises where the event is being held or within a one mile radius of such premises. Permitted signs shall be subject to the requirements in section 10-30-4 of this title.
  3. Hours Of Operation: A special sales event may be operated only between the hours of nine o'clock (9:00) A.M. and nine o'clock (9:00) P.M. on weekdays, and the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. on weekends.
  4. Use Of Garage: A special sales event may use a garage located upon the residential premises in connection with the event for purposes of display of goods or merchandise, or for access.
  5. Additional Requirements: Except as specifically modified by this section the requirements in subsections 10-12A-2(C), (D), (E) and (F) of this chapter shall apply. (Ord. 1491, 6-4-2019)

10-12A-4: Registration Of Nonconforming Home Occupations

All home occupations rendered nonconforming by this section shall register with the City Inspections Department within one year of the effective date hereof. (Ord. 752, 5-17-1999)

10-12A-5: Exemptions

This chapter does not apply to garage sales and to daycare and residential facilities licensed by the State. (Ord. 752, 5-17-1999)