(a) Purpose. To accommodate residents who desire to start a home business while ensuring that said businesses:
(1) Are imperceptible from normal residential activity and do not adversely impact the character of the surrounding residential area;
(2) Are secondary and incidental to the residential use of the dwelling unit; and
(3) Do not adversely affect the health, safety or welfare of other persons residing in the area.
(b) Review and approval.
(1) A conditional use permit is required for Type II home businesses. See § 21.501.04 for conditional use permit requirements.
(c) Types of home businesses.
(1) Type I. Type I home businesses are of a type that the City Council has historically found do not adversely affect the health, safety or welfare of other persons residing in the area. Examples of Type I home businesses are listed below. This list is intended to be illustrative not exhaustive.
(A) Professional home offices or studios;
(B) Home beauty shops;
(C) Tutoring, music, fitness, or dance instruction for no more than two students at any one time;
(D) Licensed therapeutic massage;
(E) Watch repair, dressmaking, tailoring and similar crafts;
(F) Animal grooming for no more than four animals at any one time;
(G) Firearm Office where no firearm(s) or ammunition are stored or inventoried on the premises; or
(H) Cottage food operations, subject to the requirements in M.S. § 28A.152, as it may be amended from time to time.
(2) Type II. Type II home businesses are businesses of a type that the City Council has historically found to have the potential to adversely affect the health, safety or welfare of other persons residing in the area. Examples of Type II home businesses are listed below. This list is intended to be illustrative not exhaustive.
(A) Music, dance, or fitness schools;
(B) Repair shops not expressly prohibited by the city code;
(D) Photography studios and similar uses; or
(E) A Type I home business reclassified as a Type II home business by virtue of a conditional use permit approved by the City Council.
(3) Prohibited home businesses. The following home businesses are prohibited without limitation:
(A) Motor vehicle or boat repair, service or painting;
(B) Small engine and major household appliance repair;
(C) The sale, lease, or trade of firearm(s) or ammunition, where firearm(s) or ammunition are stored or inventoried on the premises;
(E) Taxidermy shops;
(F) Unlicensed massage;
(G) Escort businesses;
(H) Body art establishments;
(I) Animal kenneling; and
(J) Food establishments as defined in Minnesota Rules 4626.0020 subpart 35, as it may be amended from time to time.
(1) Health, safety and welfare.
(A) Home businesses must not endanger the health, safety or welfare of the community by reason of blight, noise, smoke, dust, odor, glare, vibration, fire hazard, increased vehicular traffic including deliveries, unsanitary or unsightly conditions, or similar conditions that have a reasonable likelihood of disturbing the peace, comfort, repose or quiet enjoyment of the indoor and outdoor spaces of neighboring residential properties.
(2) Where allowed. See § 21.209 of this code for the classification of home businesses within the zoning districts.
(A) Type II home businesses are not permitted in accessory dwelling units, two-family dwellings, townhomes, or in multi-family dwellings.
(3) Prohibited activities. Activity that produces light, glare, noise, odor, dust, smoke or vibration perceptible beyond the boundaries of the premises and distinguishable from neighboring residential uses is prohibited.
(4) Gross floor area (GFA). Home businesses may occupy no more than 25 percent of the total gross floor area (GFA) of the principal residential dwelling unit.
(5) Use of accessory buildings or garages.
(A) Type I home businesses may not use or be located in accessory buildings or garages.
(B) As provided in subsection (b) below, the Planning Commission may approve Type II home business activities in accessory buildings or garages if it finds that the proposed activities would not alter the residential character of the neighborhood if performed within an accessory building or garage.
(6) Alterations. No interior or exterior alterations may be made to dwelling units to accommodate a home business that would be:
(A) Inconsistent with the residential character of the surrounding area; or
(B) Not customarily found in a primary residential dwelling.
(7) Separate entrances. The space devoted to or used by the home business must not have its own separate entrance and must be completely contained within the principal residential dwelling unit so as to have no exterior visibility. Any entrance leading to the space devoted to or used by the home business must also lead to the remainder of the home.
(A) Exception. Type II home businesses permitted by the Planning Commission to operate from an accessory building or garage are exempt from this provision.
(8) Exterior displays and signage. Exterior display, exterior signage, advertisement or other exterior indication of a home business is limited to one non-illuminated sign not to exceed one and one-half square feet in area as per Chapter 19, Article X.
(9) Exterior storage. Exterior storage or display of trailer, equipment or materials, tools, supplies, stock-in-trade, products or by-products used or produced in conjunction with a home business is prohibited.
(10) Vehicle parking and storage. Vehicles used in conjunction with a home business must comply with the parking and storage provisions of § 21.301.06 of this code.
(12) Primary residence requirement. The owner of the home business must use the dwelling unit as the person's primary residence, as evidenced by the person's driver's license, vehicle registration, voter registration or other clear and convincing evidence.
(A) Type I home businesses. No more than one person having their primary residence elsewhere, as evidenced by the person's driver's license, vehicle registration, voter registration or other clear and convincing evidence, may work on the premises at any time.
(B) Type II home businesses. No more than two persons having their primary residence elsewhere, as evidenced by the person's driver's license, vehicle registration, voter registration or other clear and convincing evidence, may work on the premises at any time.
(14) On site sales. No retail, wholesale or other sales activity may be conducted on site other than by telephone, mail, internet or other electronic medium. Also no items may be displayed for sale on the premises.
(15) Deliveries and pick-ups. Type I and II home businesses may receive up to four deliveries and pick-ups per day.
(16) Client visits.
(A) Type I home businesses. The total number of clients upon the premises must not exceed six customers per day and must not exceed two clients at any one time.
(B) Type II home businesses. As provided in subsection (b) above, the Planning Commission may determine the number and intensity of client visits per day and time.
(17) Hazardous materials. Toxic, explosive, flammable, radioactive or other restricted materials used, sold, or stored on the site in connection with the home enterprise must conform to the city code and Uniform Fire Code for residential uses.
(e) Enforcement. The city will enforce the standards of this section based on verified, on-going violations.
(f) Penalty. Violation of the standards set forth in this section shall be enforceable in all of the following manners, without limitation: civil injunctive action; the assessment of civil administrative fines and penalties that are assessable against the property; as well as criminal misdemeanor prosecution.