(1) Purpose. The purpose of this section is to provide a means by which home occupations can be conducted as an accessory use to a residential dwelling unit, as a use that is clearly incidental and secondary to a residential use on the same premises, without jeopardizing the health, safety and general welfare of the surrounding neighborhood or the inhabitants of the home occupation property, and without jeopardizing the residential character of the neighborhood.
(2) Application. All occupations conducted in the home shall comply with the provisions of this section except as follows:
(a) Permitted agricultural/farm related uses in the R and R-X Districts.
(b) The limited seasonal sale of products grown solely on the site by the residents of the homestead.
(c) Day care when licensed by the state and/or county.
(d) Any other use listed as a permitted, conditional, or interim use within the corresponding zoning district.
(e) Any use allowed by an existing conditional or interim use permit.
(f) Garage sales in compliance with the following:
1. Each property is limited to four garage sales per year.
2. Each sale is limited to three days.
3. Signs must be in conformance with Chapter 1010 of this title.
(3) Procedure.
(a) Home Occupation Level A does not require an application, review, or permit as long as the business complies with the general provisions listed in division (6) below, and the requirements of the Home Occupation Level A listed in division (7) below.
(b) Home Occupation Level B requires the following:
1. Application for a Home Occupation Level B shall be filed by the property owner or designated agent on forms to be provided by the city, and shall be accompanied by:
a. A non-refundable fee as established by City Council ordinance; and
b. Site and building plans as necessary to prove compliance with the general provisions of division (6) below, and the requirements of the Home Occupation Level B listed in division (8) below.
2. The Zoning Administrator shall review the application and shall determine whether the proposal is in compliance with all applicable evaluation criteria, ordinances, and applicable performance standards set forth in the ordinance. The Zoning Administrator shall notify the applicant, in writing, of any incomplete application within 15 business days of the date of submission.
(c) Home Occupation Level C requires an interim use permit. the procedure for an interim use permit is described in § 1007.017.
(4) Violations. After two founded nuisances, or code violation complaints have been made and verified with written notices to the home occupation, a public hearing may be called to consider additional conditions, limitations, or revocation of the home occupation within 60 days of the last complaint. Home Occupation Level C, which requires an interim use permit, shall be subject to the revocation clause included in § 1007.017.
(5) Expiration.
(a) Upon issuance, a Home Occupation Level B permit shall continue to be valid unless one or all of the following occur:
1. The business owner relocates to another residential address; permits are not transferable to another person or property.
2. The type of businesses occurring on the site changes significantly.
3. The permit is revoked by the city per division (4) above.
(b) A Home Occupation Level C, approved as part of an interim use permit application, shall comply with § 1007.017.
(6) Requirements - general provisions. All home occupations shall comply with the following requirements:
(a) General provisions.
1. The home occupation shall be operated by an occupant of the dwelling.
2. The home occupation shall be clearly incidental and secondary to the residential use of the premises, and shall not change the residential character thereof.
3. The home occupation shall comply with all requirements of Chapter 901 of this code and shall not be incompatible or disturbing to the surrounding residential uses.
4. No home occupation shall require internal or external alterations or involve construction features not customarily found in residential dwellings except where required to comply with local and state fire and police recommendations.
5. The home occupation shall meet all applicable fire and building codes, and applicable permits must be obtained prior to any construction activities.
6. No exterior evidence of the presence of the home occupation on the property, except any signage allowed by the sign code and any vehicles allowed by § 1007.044(11).
7. Personal motor vehicles not exceeding a gross weight rating of 12,000 pounds used in the home occupation may be parked on the property.
8. Any motor vehicle with a gross weight rating in excess of 12,000 pounds is subject to § 1007.044(11)(c).
9. The number of on-site parking spaces shall not be reduced to less than two.
10. In no case shall the permitted home occupation cause the need for an additional driveway access to the property.
11. When applicable, all state licensing requirements shall be met.
12. The applicant shall demonstrate the home occupation use is within the capabilities of the property's sewage treatment system or the city's utility system.
13. There shall be no use or outdoor storage of any toxic chemicals or hazardous materials of any type or in any amount not normally found in a residential structure.
14. No motor vehicle repair, paint or body work; commercial preparation of food for service on the premise; business related to or involving explosives, ammunition or weapons; or ambulance or related emergency services shall be permitted as a home occupation.
(7) Requirements - Home Occupation Level A. All residential dwelling units are eligible for a Home Occupation Level A. In addition to the general provisions outlined in division (6) above, businesses must also comply with the following requirements specific to the Home Occupation Level A.
(a) Requirements.
1. Permitted home occupation shall be confined to the dwelling unit, and shall not be conducted in any accessory structure on the property, including an attached garage.
2. No customers or employees who do not reside at the dwelling may be permitted on the property.
3. If the home occupation will require a delivery service, such as UPS, no more than ten delivery/pickup trips per week shall be permitted.
4. The home occupation may not occupy more than 10% of the dwelling.
5. All off-street parking generated by the home occupation shall be confined to the driveway.
6. The operation of any wholesale or retail business is prohibited, unless it is conducted entirely by mail or by occasional home invitation.
(8) Requirements - Home Occupation Level B. All residential dwelling units are eligible for a Home Occupation Level B. In addition to the general provisions outlined in division (6) above, businesses must also comply with the following requirements specific to the Home Occupation Level B.
(a) Requirements.
1. Permitted home occupation may be conducted in an accessory structure provided that the use can comply with life safety requirements.
2. A limit of two customers or employees who do not reside at the dwelling may be permitted on the property at one time.
3. Areas accessible to customers or employees shall comply with all applicable life safety codes.
4. Vehicle trips generated by the business shall not exceed 20 in any 24-hour period.
5. If the home occupation will require a delivery service, such as UPS, no more than ten delivery/pickup trips per week shall be permitted.
6. If the home occupation is to occupy more than 10% of the dwelling, additional building and fire code issues may need to be addressed.
7. All off-street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway.
8. Personal Service Businesses shall be limited to allow the servicing a single customer at a time.
9. Between the hours of 7:00 p.m. and 7:00 a.m. no customers or employees who do not reside on the site may be at the site and no business operations occurring outside of the dwelling are permitted. For the purpose of this section, an attached garage does not count as part of the dwelling.
10. The operation of any wholesale or retail business is prohibited, unless:
a. It is conducted entirely by mail or occasional home invitation;
b. It is exclusively the sale of products produced on-site; or
c. It is clearly incidental to a service provided on the site.
(9) Requirements - Home Occupation Level C. All properties with a dwelling, zoned Rural, Rural Executive, or Future Urban Development, and fronting on an arterial or major collector roadway are eligible to apply for an interim use permit to allow a Home Occupation Level C. In addition to the general provisions outlined in division (6) above, businesses must also comply with the following requirements specific to the Home Occupation Level C.
(a) Requirements.
1. The property shall be a minimum of ten acres in size.
2. Permitted home occupation may be conducted in an accessory structure provided that the use can comply with life safety requirements.
3. A limit of five customers or employees who do not reside at the dwelling may be permitted on the property at one time.
4. Areas accessible to customers or employees shall comply with all applicable life safety codes.
5. Vehicle trips generated by the business shall not exceed 40 in any 24-hour period.
6. If the home occupation will require a delivery service, such as UPS, no more than 15 delivery/pickup trips per week shall be permitted.
7. If the home occupation is to occupy more than 10% of the dwelling, additional building and fire code issues may need to be addressed.
8. All off-street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway.
9. Personal service businesses shall be limited to allow the servicing of only two customers at a time.
10. Between the hours of 9:00 p.m. and 7:00 a.m. no customers or employees who do not reside on the site may be at the site and no business operations occurring outside of the main dwelling are permitted. For the purpose of this section, an attached garage does not count as part of the main dwelling.
11. The limited operation of any wholesale or retail business is allowed.
(10) Additional limitations and/or restrictions.
(a) So as to maintain compatibility with the rural and residential character of the neighborhood and to protect the health, safety and general welfare of the public, the city may impose additional limitations or requirements as it deems necessary.
(b) The city may impose the posting of a security in order to ensure compliance with any condition imposed.
(11) Inspection. The City of Lino Lakes hereby reserves the right, upon approval of any home occupation permit or interim use permit for a Home Occupation Level C, to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed.
(12) Penalty. Violation of the home occupation performance standards shall be subject to the enforcement and penalty provisions of § 1007.023 of this chapter.