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)