Subd. 1. Purpose. The purpose of this subsection is to prevent competition with business districts 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 subsection is intended to provide a mechanism enabling the distinction between those home occupations having minimal or no secondary impact and those which have potential for adverse effects upon surrounding properties.
Subd. 2. Application. Subject to the non-conforming use provision of this subsection, all home occupations, as defined in subsection 1001.02, shall be further defined to distinguish permitted home occupations from interim use home occupations.
Subd. 3. Procedures and Permits.
1. Permitted Home Occupations. Any home occupation, as defined in subsection 1001.02, shall require an administrative permit which shall be applied for, reviewed, and processed in accordance with the procedural provisions of subsection 1002.05.
2. Conditions. The Zoning Administrator may impose such conditions on the granting of a home occupation permit as may be necessary to carry out the purpose and provisions of this subsection.
3. Transferability. Home occupation permits whether granted administratively or through the interim use permit process, shall not run with the land and shall not be transferable.
Subd. 4. Prohibited Activities. No home occupations (permitted uses or interim uses) shall:
1. Constitute a fire hazard to neighboring residences, adversely affect neighboring property values, or constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, noise, glare, odor, electrical interference, vibration, dust, and other nuisance or safety hazards;
2. Adversely impact governmental facilities and services, including roads, sanitary sewers, water, storm drainage, garbage service, police service, and fire service;
3. Adversely affect sensitive environmental features, including lakes, surface water and underground water supply and quality, wetlands, slopes, floodplains and soils, or other factors as found relevant by the city;
4. Involve the use of hazardous materials or activities; and/or
5. Involve any of the following: body shops, machine shops, welding, ammunition manufacturing, flea markets, motor vehicle repairs or sale, escort businesses, or any sexually oriented land uses.
Subd. 5. Requirements. All permitted home occupations shall comply with the following requirements and general provisions.
1. General Provisions.
a. 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 or right-of-way.
b. No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.
c. The home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof, and shall not result in compatibility or disturbance to surrounding residential uses.
d. No home occupation shall require internal or external alterations or involve construction features not customarily found in residential dwellings.
e. There shall be no exterior storage of equipment or materials used in the home occupation, except that personal automobiles used in the home occupation may be parked on-site.
f. The home occupation shall meet all applicable Building and Fire Codes.
g. There shall be no exterior display or signs which are visible from outside of the dwelling except to the extent authorized by the city sign ordinance.
h. All home occupations shall comply with the provisions of city nuisance ordinances.
i. No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m.
j. The operation of any wholesale or retail business shall not be permitted unless it is conducted entirely by mail or delivery and does not include the sale of equipment or delivery of merchandise to the premises.
k. The home occupation shall not involve any of the following: repair service which requires equipment other than found in a dwelling; manufacturing, over-the-counter sale of merchandise produced off the premises.
l. No person other than those who customarily reside on the premises shall be employed by the home occupation.
m. All home occupations shall be conducted entirely within the principal dwelling and shall not be conducted in accessory buildings, including attached garages.
n. Home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway, where no vehicles are parked closer than 15 feet from the curb line or edge of paved street surface, whichever is greater.
o. Home occupations which create a need for more than three parking spaces at any given time in addition to the parking spaces required by the occupants of the dwelling shall not be permitted.
p. In no case shall the permitted home occupation cause or create the need for an additional driveway access to the property.
Subd. 6. Interim Use-Home Occupations. The Zoning Administrator may require an applicant for home occupation to submit an interim use permit application for those occupations which do not meet all of the provisions of Subd. 5 above. Said home occupation may be granted an interim use permit provided that the following are met.
1. Adverse Effect on Neighborhood. The City Council shall find that all home occupation activity occurring on the premises shall not cause any adverse changes to the residential character of the neighborhood.
2. Screening of Exterior Changes. The City Council shall find that any exterior changes necessary to conduct the home occupation are sufficiently screened, properly designed, or separated by distance so as to be consistent with the existing adjacent residential uses and compatible with the residential occupancy.
3. Interior Changes. The City Council shall find that any interior changes necessary to conduct the home occupation comply with all Building, Electrical, Mechanical, and Fire Codes governing the use in a residential occupancy.
4. Traffic. The City Council shall find that the traffic generated by the home occupation involves only vehicles of the type that typically service single- family residences and that such traffic constitutes neither a nuisance nor a safety hazard.
Subd. 7. Non-Conforming Use. Existing home occupations lawfully existing on July 20, 2002 (effective date of ordinance), may continue as non-conforming uses subject to the provisions of subsection 1005.11.
Subd. 8. Inspection. The city hereby reserves the right upon issuing an administrative permit for home occupation to inspect the premises in which the home occupation is being conducted to ensure compliance with the provisions of this chapter or any conditions additionally required by the Zoning Administrator.
Subd. 9. Violations. The Zoning Administrator may revoke an administrative permit for home occupation upon verification and written notice to the property owner of any violations of the City Code. The decision of the Zoning Administrator to revoke the home occupation administrative permit may be appealed pursuant to the procedure outlined in subsection 1002.13.