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Otsego City Zoning Code

CHAPTER 29

HOME EXTENDED BUSINESSES

11-29-1: PROHIBITED; EXCEPTION:

Following the effective date hereof, except in the A-1 Zoning District, no new home extended businesses shall be created or established and no existing home extended business shall be expanded or enlarged. (Prior Code § 20-29-1)

11-29-2: INTERIM USES FOR AGRICULTURAL, COMMERCIAL AND INDUSTRIAL DISTRICTS:

   A.   Lawfully approved home extended businesses which were established prior to the effective date hereof and which are located in agricultural, commercial, or industrial zoning districts shall be classified as existing interim uses pursuant to chapter 5 of this title and shall be subject to conditions imposed at the time of approval.
   B.   Unapproved and illegal nonconforming home extended businesses existing upon the effective date hereof and which are located in agricultural, commercial, or industrial zoning districts may, upon approval by the City Council, be classified as an interim use; provided, that:
      1.   The owner/operator, within sixty (60) days of written notification by the City, or upon their own initiative, files an application, required supportive information, and filing fee as specified by chapter 5 of this title.
      2.   At a minimum, conforms to the following (former Wright County) standards and requirements:
         a.   Business must be located on the homestead of the business operator.
         b.   No more than one nonfamily member employee in addition to the owner/operator and immediate resident family.
         c.   No outside storage of supplies, equipment or maintenance items; all work and work related items shall be kept in an enclosed structure.
         d.   Shall provide two (2) parking spaces per employee or one space for each four hundred (400) square feet of building area, whichever is greater.
         e.   Excessive noise levels are prohibited (that which may be considered a nuisance, L10 at 55 dba decibels as regulated in NPC regulations).
         f.   No more than thirty percent (30%) lot coverage of buildings, parking areas, and drives exists on the site.
         g.   Site must be capable of supporting necessary on site sanitary facilities; sewer and water.
         h.   All effluent consisting of any liquid, gaseous, or solid waste substance resulting from any process of manufacturing (i.e., sewage or industrial waste) shall not be discharged into the soil, water, or air unless it is at a location determined appropriate by the City.
         i.   A contract shall be required between a refuse hauler and the owner for disposal of all waste including, but not limited to, garbage, decayed wood, sawdust, shavings, bark, lime, sand, ashes, oil, tar, chemicals, offal, and all other substances not sewage or industrial waste which may pollute or tend to pollute the waters of the State. The contract shall be provided to the City prior to issuance of the interim use permit and shall state the destination of the waste and shall be renewed annually on or before January 1 of every year. The City shall be provided with documentation of the contract recorded.
         j.   Working hours shall be set by the City.
         k.   If located on an unimproved road or street, a letter of agreement containing any dust control measures determined necessary by the City shall be provided prior to issuance of the interim use permit, and said agreement shall be renewed annually (January 1 of every year).
         l.   All posted road limits shall be obeyed.
         m.   The distance from the building(s) in which the home extended business is located to the next neighboring property structure shall be at least five hundred feet (500').
         n.   The building(s) or portion of buildings in which the home extended business is located shall be no larger than two thousand (2,000) square feet.
         o.   After two (2) founded nuisance or permit violation complaints have been made and verified with written notice to the holder of the interim use permit, a hearing shall be called to reconsider the interim use permit within sixty (60) days of the date of the last complaint.
         p.   The building in which the home extended business is located, as well as the property in general, shall comply with the applicable Building and Zoning Codes and any ordinances which were in existence at the time when the home extended business was established. Additionally, as may be considered necessary by the City Council, the buildings and property shall be upgraded to present building and zoning standards.
      3.   So as to maintain compatibility and protect the health, safety, and general welfare of the public, the City Council may impose additional limitations or requirements as it deems necessary. Additionally, the City Council may require the posting of securities in order to insure compliance with any condition imposed.
      4.   A date not to exceed ten (10) years from the effective date hereof is established for termination of the home extended business activity or the residential use of the property. In making such a determination, the City Council's consideration shall include, but not be limited to:
         a.   The amount of investment involved in the home extended business.
         b.   The nature and amount of business equipment which can be physically relocated to an appropriate site.
         c.   The existing and potential adjoining development which may be adversely impacted by the residences or the home extended business.
         d.   The extent of pollution and/or other operational problems associated with the home extended business.
      5.   In those cases where the residential use of the property is terminated and providing the home extended business qualifies as an allowable activity within the respective zoning district in which it is located, said business shall be allowed to continue as a legal nonconforming use, subject to minimum improvements deemed necessary by the City Council to protect the health, safety, and general welfare of the public.
      6.   At such time as the property upon which the home extended business is sold or title is transferred, either the home extended business or residential use of the property shall terminate.
      7.   All home extended businesses, as defined by this section, shall be terminated within ten (10) years of the effective date hereof.
      8.   No more than one sign may be displayed per property. The sign may not exceed two (2) square feet in area nor a height of five feet (5') above the street grade. Such a sign shall not be illuminated and may be displayed only upon the property licensed for the home extended business. Lettering upon the sign shall be limited to the name and/or function of the home extended business. (Prior Code § 20-29-2)

11-29-3: INTERIM USES FOR RESIDENTIAL DISTRICTS:

   A.   Lawfully approved home extended businesses which were established prior to the effective date hereof and which are located within residential zoning districts shall be classified as an existing interim use pursuant to chapter 5 of this title and shall be subject to the conditions imposed at the time of approval.
   B.   Continuation and classification as an existing interim use shall be further subject to the following:
      1.   The activity, use, and property shall fully conform to the ordinances in effect at the time of home extended business approval and conditions imposed as part of the approval.
      2.   The use is terminated within five (5) years of the effective date hereof, unless a time extension is applied for and granted by the City Council. A primary consideration of the City Council in making such a determination shall be the existing or potential neighboring uses which may be adversely impacted by the home extended business.
      3.   So as to maintain compatibility and protect the health, safety, and general welfare of the public, the City Council may impose additional limitations or requirements as it deems necessary upon such uses. (Prior Code § 20-29-3)

11-29-4: UNAPPROVED, ILLEGAL BUSINESSES IN RESIDENTIAL DISTRICTS:

   A.   Unapproved and illegal nonconforming home extended businesses existing upon the effective date hereof and which are located within residential zoning districts shall cease and terminate home extended business operations within two (2) years from the effective date hereof.
   B.   Time extensions may be approved by the City Council upon written request of the property owner; provided, that a substantiated, unique situation warrants a delay to the termination deadline. In considering such requests, a primary consideration of the City Council shall be the existing and potential development which may be adversely impacted by the home extended business operation. (Prior Code § 20-29-4)

11-29-5: ALLOWED BUSINESSES:

   A.   Allowed In A-1 District With Interim Use Permit: Home extended businesses may be allowed within the Agricultural A-1 Zoning District upon approval of a interim use permit.
   B.   Qualifying Property:
      1.   The use is located on and part of a farmstead and the occupants are actively engaged in farming activities as a primary source of income.
      2.   There is only one residential dwelling located on the farmstead, and no other neighboring residence is located within five hundred feet (500') of the buildings in which the home extended business is conducted.
   C.   Minimum Conditions:
      1.   No one other than the immediate family occupying the residence on the farmstead is employed as part of the home extended business.
      2.   There is no outside storage of supplies or equipment associated with the home extended business.
      3.   All activities associated with the home extended business are operated within buildings which have been approved for such use as part of the interim use permit.
      4.   The home extended business shall be conducted only in buildings existing or constructed as part of traditional farming activities and shall not, in and of itself, be the principal or primary activity or use of any building.
      5.   The use is in full compliance with all applicable performance standards as specified by this title.
      6.   There shall be no public display of retail sales items related to the home extended business occurring on the site.
      7.   There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception of directional and identification/business signs to the extent authorized by the provisions of chapter 37 of this title.
      8.   The provisions of subsection 11-4-2F of this title are considered and determined to be satisfied.
   D.   Additional Limitations And/Or Restrictions:
      1.   So as to maintain compatibility and protect the health, safety, and general welfare of the public, the City Council may impose additional limitations or requirements as it deems necessary.
      2.   The City Council may impose the posting of a security in order to insure compliance with any condition imposed.
   E.   Reconsideration Of Permit: After two (2) founded nuisances or Code or permit violation complaints have been made and verified with written notices to the holder of the conditional use permit, a public hearing shall be called to reconsider the conditional use permit within sixty (60) days of the date of the last complaint.
   F.   Exemptions: The limited seasonal sale of products grown solely on the site by the residents of the farmstead shall be exempt from the provisions of this section. (Prior Code § 20-29-5)