HOME OCCUPATION SPECIAL USE PERMITS th Street North Stillwater MN

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1 216 4 th Street North Stillwater MN HOME OCCUPATION A Home Occupation is a business or enterprise conducted in a dwelling or accessory dwelling and incidental to the principle residential use whether conducted for profit or not for profit. The City of Stillwater regulates Home Occupations to ensure the character of our residential neighborhoods are maintained. Home Occupations are not allowed in every residential area and there are three different types of Home Occupation permits. Municipal Code Regulations Regarding Home Occupations website is: TVPEST_DIV1REST_S31-500HOOC The application for a Type I Home Occupation Permit is below. Type II and Type III required a Special Use Permit issued by the City of Stillwater Planning Commission. For further information regarding Home Occupations, please contact the Community Development Department at (651) SPECIAL USE PERMITS The purpose of a Special or Conditional Use Permit is to allow the integration of essential or desirable uses which may be suitable only in certain zoning districts or designed or arranged on a site in a certain manner. All uses set forth in the zoning regulations are subject to use permit review and are declared to be of such unique and special character that it is impractical to include them as principal permitted uses or as accessory uses in any district. Prior to the issuance of a Special or Conditional Use Permit, the Planning Commission will hold a public hearing. In some circumstances, the Planning Commission is an advisory board to the City Council. In this circumstances, the Planning Commission will make a recommendation to the City Council. The City Council, too, will hold a public hearing before acting on the permit application. In approving a Special or Condition Use Permit, it must be determined that: 1. The proposed structure or use conforms to the requirements and the intent of the zoning regulations, and of the comprehensive plan, relevant area plans and other lawful regulations 2. Any additional conditions necessary for the public interest have been imposed 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Applications must be accompanied by sufficient supporting documentation. An application checklist has been provided. Not all supporting documents may be required for every application. Please contact the Planning Department to discuss your application and for determination of which checklist items will be required.

2 216 4 th Street North Stillwater MN Permit No. Date Filed: TYPE 1 HOME OCCUPATION PERMIT Base Fee: $25.00 NON-TRANSFERABLE Business Name Phone # Receipt No.: Address City Stillwater State MN Applicant Name Phone # Zip Address City State Zip Occupation Type Type Narrative Description: Commercial activities in residential structures are subject to review by the City of Stillwater Building and Fire Departments. Permits will be reviewed by the Community Development Director upon complaint. Type I Home Occupations are permitted in the RA, LR, TR, CR, and RB Zoning Districts as per Sec of the Zoning Ordinance. Regulations for Type I Home Occupations as follows: 1. No outside storage or display of products, equipment or merchandise; 2. No in-person retail sales; 3. No traffic greater than the residential level of the neighborhood; 4. No separate business entrance; 5. No signs; 6. Not more than fifteen percent (15%) of the total gross floor area of a dwelling unit or three hundred (300) square feet, whichever is less is devoted to Home Occupation use; 7. No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electrical or television interference is permitted if it is detectable by adjacent neighbors; 8. All Type I Home Occupations must be registered with the Community Development Director on a registration form provided by the City; 9. Any Type I Home Occupation use that exceeds the standards set forth in this section requires a Special Use Permit; 10. No non-resident employees are permitted. Declaration I hereby certify that the information provided in this application is true, correct and complete to the best of my knowledge and belief. I hereby authorize the City of Stillwater and any agent or employee of it, to inspect the proposed site at any reasonable time before and after any permit is issued related to this request. Applicant Signature Date Review (For office use only) Approved Conditions of Approval: Denied Date By

3 216 4 th Street N, Stillwater, MN Phone: Fax: CONDITIONAL/SPECIAL USE PERMIT: APPLICANT INSTRUCTIONS Purpose In each zoning district, permitted uses and specially/conditionally permitted uses are listed. Special and conditional uses require a Special Use Permit. Process The purpose of the Conditional Use Permit (CUP) or Special Use Permit (SUP) is to allow special condition of uses that are not specifically permitted in the zoning district. Since the Zoning Ordinance cannot be drafted to deal with every circumstance, the CUP/SUP process is designed to provide the City sufficient flexibility to determine whether a specific land use on a certain site will be compatible with its surroundings, the Comprehensive Plan and the zoning on adjacent parcels. In approving the CUP/SUP, the Planning Commission must find that the proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the Zoning Ordinance. Project Consideration: Early in the consideration of a potential project, a determination shall be made whether a CUP/SUP is needed. Pre-application Conference: It is recommended the applicant make an appointment with Community Development Department (CDD) staff prior to submitting an application. The intent of this meeting is to discuss the applicable city code regulations, items that may be of concern, application submittal requirements, etc. In order for the meeting to be most effective, the future applicant should be prepared to discuss the proposed use and potential land alternation activities that may occur. Filing the Application: A complete application, required attachments, and applicable fee(s) will be accepted by the CDD according to the established Development Review Schedule. Incomplete applications will not be accepted or may be returned to the applicant. Once the application has been determined to be complete, staff will place the item on the applicable Commission and Council agendas. Notice of any scheduled public hearings will be sent to all property owners

4 within 350 of the subject property. Legal notice will be published in the Stillwater Gazette at least ten (10) days prior to the scheduled public hearing(s). Staff Review: CDD staff will review and evaluate the project conformance to the Zoning Code, the Comprehensive Plan, relevant area plans, and all lawful regulations. Staff will develop a report which, in most cases, will include a recommendation for approval or denial. Recommendations for approval may be accompanied by staff recommended conditions of approval. Staff will distribute this report to the applicant in advance of the scheduled meeting(s) and hearing(s). Commission and Council Review: Commission and Councilmembers will receive the staff report in advance of the scheduled public hearing, an informal meeting held in the Council Chambers of City Hall. At meeting(s), staff will explain the nature of the request. The applicant, who is required to be at these meeting(s), will be given the opportunity to present testimony giving reasons or need for the CUP/SUP. Members of the public will be invited to testify in support or against the request. Once all testimony has been made, the respective appointed or elected members will discuss the request. After all discussion has occurred, the body will determine approval or denial of the application. They may, at their discretion, continue the hearing to a later meeting date. This happens when insufficient information has been submitted or additional information is needed to make a decision. Appeals Period: There is a ten-day period in which the applicant, or any other individual aggrieved by the decision, may submit a request for reconsideration of the application. If the appeal is to a decision of a Commission, the City Council will hear the appeal in a scheduled public hearing. Permitting. Once the City Council has approved an application, or once the ten day appeal period has ended, the applicant will receive an approved CUP/SUP indicating the approval and listing any conditions of approval. The applicant must execute the CUP/SUP form, acknowledging any conditions of approval will be met. The CUP/SUP is not issued until the permit form is signed and returned to the City. After the signed permit is received by the City, the permit is recorded against the property with the Washington County Recorder.

5 216 4 th Street North Stillwater MN Permit No. Date Filed: PLANNING APPLICATION Base Fee: Planning Commission Tech Fee: $25.00 Receipt No.: ACTION REQUESTED X Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance Lot Line Adjustment *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Only one copy of supporting materials are required. However, any documents larger than 11 x 17 must be submitted in paper and in pdf format. Review the Checklist to the Planning Administration Application Form for the complete list of required items that must be submitted. Any incomplete application or supporting material will cause your application to be rejected by the City. Required Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit if necessary. After Planning Commission approvals, there is a 10-day appeal period. Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits. PROPERTY IDENTIFICATION Address of Project Assessor's Parcel No. (GEO Code) Complete Property Legal Description* (*Required Applications will be rejected without a legal description) Tax descriptions and property descriptions from the county are not acceptable. Zoning District Description of Project "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply with the permit if it is granted and used." Required Property Owner Mailing Address City - State Zip Telephone No. Signature (Signature is required) If other than property owner Representative Mailing Address City - State Zip Telephone No. Signature (Signature is required)

6 Checklist for Planning Applications Incomplete or unclear applications/plans will be returned to the applicant and may result in delay of application processing. ANY DOCUMENTS LARGER THAN 11 X 17 MUST BE SUBMITTED IN PAPER AND IN PDF FORMAT. Check and attach to application. The application form completed and signed by the property owner or owners authorized representative. A complete legal description of subject property. Building plans clearly dimensioned and scaled. The site plan showing exterior property lines, easements, lot width and depth and lot area building(s) location. (See attached site plan example, a parcel boundary survey may be required). All adjacent streets or right of ways labeled. Location, elevation, size, height of building or addition, dimensions, materials and proposed use of all buildings and structures (including walls, fences, signs, lighting and hooding devices) existing and proposed for the site (if the site is in a Historic District, additional design detail maybe required). Distances between all structures and between all property lines or easements and structures. Show adjacent buildings to this application site and dimension from property line. All major existing trees on the site (4 inch caliber or greater), giving type, location, size and other site coverage conditions. Show existing significant natural features such as rock outcroppings or water courses (existing and proposed marked accordingly). Locate all off-street parking spaces, driveways, loading docks and maneuvering areas with dimensions for driveway widths and parking space sizes. Pedestrian, vehicular and service points of ingress and egress; distances between driveways and street corners. Landscape plan showing number of plants, location, varieties and container sizes (landscape plan). Existing and proposed grading plan showing direction and grade of drainage through and off the site; indicate any proposed drainage channels or containment facilities. Required and existing street dedications and improvements such as sidewalks, curbing and pavement (may not be required). Letter to the Planning Commission describing the proposed use in detail and indicating how this use will effect and compatibility with adjacent uses or areas. Applications for new structures on slopes of 12 percent or greater must include an accurate topographic map. The map must contain contours of two-foot intervals for slopes of 12 percent or greater. Slopes over 24 percent shall be clearly marked. Other such data as may be required to permit the planning commission to make the required findings for approval of the specific type of application. Applicant/Owner Signature Date S:\PLANNING\ADMINISTRATION\FORMS\UPDATED FORMS 2017\FORMAT ACCORDING TO ADMIN\SUP PLANNING APPLICATION.DOCX September 13, 2017

7 S:\PLANNING\ADMINISTRATION\FORMS\UPDATED FORMS 2017\FORMAT ACCORDING TO ADMIN\SUP PLANNING APPLICATION.DOCX September 13, 2017 REQUEST FOR A SPECIAL USE PERMIT Purpose. In each zoning district, permitted uses and conditional permitted uses are listed. Conditional uses require a Special Use Permit. The purpose of the special use permit is to allow special consideration of uses that are not specifically permitted in the zoning classification. Since the Zoning Ordinance cannot be drafted to deal with every circumstance, the special use permit process is designed to provide the City sufficient flexibility to determine whether a specific land use on a certain site will be compatible with its surroundings, the Comprehensive Plan and the zoning on adjacent parcels. In approving the special use permit, the Planning Commission must find that the proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the Zoning Ordinance. Project Consideration. Early in the consideration of a potential project, a determination shall be made whether a special use is needed. If you have questions pertaining to a possible special use permit, contact the Stillwater Community Development Department at Pre-application Conference. It is recommended the applicant make an appoint with a Community Development staff member prior to submitting an application to discuss the feasibility of the request as well as any possible alternatives which will improve the chance of the special use permit being granted. The applicant should be prepared to discuss the proposed use, including number of employees, type of activity, hours of operation and special transportation needs when they meet with City staff. Filing the Application. A completed application should be submitted to the Community Development Department. Planning Commission public hearings are held on the second Wednesday of each month. The applicant will be required to pay a $200 (residential) or $500 (commercial) filing fee. This fee is to cover staff time to process the application and cost of mailing notices of hearings to property owners within 350 feet. Additional costs may be required if engineering or legal assistance is required to review the request. Planning Commission Review. The Planning Commission and applicant will receive a staff report evaluating the project conformance to zoning requirements including, in most cases, a recommendation for approval or denial. At that hearing, the chairman of the Planning Commission or staff member will explain the nature of the request. The applicant or representative must be present to present testimony giving reasons or need for the special use permit. The meeting is open to the public, neighbors or interested parties are invited to testify in support or against the request. These meetings are normally operated on an informal basis and take place in the City Council Chambers at Stillwater City Hall, 216 North Fourth Street. The Planning Commission will approve the request once the hearing has been closed and an informal discussion has been made. They may, at their discretion, continue the hearing to a later Planning Commission meeting. This happens when insufficient information has been submitted or additional information is needed to make a decision on the special use permit. Appeals Period. There is a ten-day period in which the applicant or any other individual aggrieved by the decision of the Planning Commission may submit an appeal to the City Council. The cost of an appeal is $50. The City Council will then consider the appeal of the Planning Commission decision at a public hearing. Once the ten day appeals period has ended or the City Council makes a final decision on an appeal, the applicant will receive a special use permit form indicating the approval and listing any conditions of approval that must be incorporated into the project design or use. The conditions of approval must be shown on the plans submitted for a building permit or included in a statement of compliance when the building permit is issued. The special use permit is not issued until the permit form is signed and returned to the City. After the signed permit form is received and all charges are paid, the permit is recorded on the property with the Washington County Recorder. Building permits as required can then be issued.