(A) Purpose. The purpose of this section is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home extended businesses can be conducted in the A-1 District without jeopardizing the health, safety, and general welfare of this community.
(B) Application. Subject to the nonconforming use provision of this section, all home extended businesses shall comply with the provisions of this section, and requirements as found in § 155.441.
(C) Requirements. The minimum requirements for a home extended business shall be:
(1) Businesses must be located on the homestead of the business operator.
(2) There shall be no more than three employees in addition to the owner/operator.
(3) There shall be no outside storage of supplies, equipment, or maintenance items; all work and work-related items shall be kept in an enclosed structure.
(4) There shall be provided two parking spaces per employee.
(5) Excessive noise levels are prohibited (i.e., those which may be considered a nuisance, L10 at 55 dBA decibels as regulated in MPCA regulations).
(6) There shall be no more than 30% lot coverage by the home extended business.
(7) The site must be capable of supporting on-site sanitary sewer and water facilities adequate to service the home extended business in accordance with this section.
(8) 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 Council and/or the Minnesota Pollution Control Agency.
(9) A contract between the refuse hauler and the owner shall be provided for all other waste including but not limited to garbage, recyclable materials, decayed wood, sawdust, shavings, bark, lime, sand, ashes, oil, tar, chemicals, offal, and all other substances not sewage or industrial waste which may pollute the waters of the state. The contract shall be provided prior to issuance of the conditional use permit and shall cite the destruction of the waste and shall be renewed annually on or before January 1 of every year.
(10) Working hours shall be set by the City Council.
(11) If located on a city road, a letter of agreement containing any dust control measures determined necessary by the city shall be provided prior to issuance of the conditional use permit and renewed annually (January 1 of every year).
(12) All posted road limits shall be obeyed.
(13) The distance from the extended home business building to the nearest residence shall be at least 200 feet.
(14) The home extended business must be outside of platted areas.
(15) An accessory structure occupied by a home extended business shall be no larger than 2,000 square feet.
(16) After four founded nuisance or permit violation complaints have been made and verified with written notice to the holder of the conditional use permit, a hearing shall be called to reconsider the conditional use permit within 60 days.
(17) The building must conform to the principal buildings and to the neighborhood.
(D) Nonconforming uses. Existing home extended businesses lawfully existing on the date of this chapter may continue as nonconforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home extended business that is discontinued for a period of more than 30 days or is in violation of the ordinance or code provisions under which it was initially established shall be brought into conformity with the provisions of this section.
(E) Inspection. The city hereby reserves the right upon issuing any conditional use permit for home extended businesses to inspect the premises in which the business is being conducted to insure compliance with the provisions of this section or any conditions additionally imposed.
(Ord. 110, passed 11-15-97; Am. Ord. 0405, passed 5-11-04; Am. Ord. 0605, passed 7-25-06; Am. Ord. 1401, passed 1-28-14; Am. Ord. 1407, passed 12-23-14; Am. Ord. 2001, passed 7-14-20) Penalty, see § 155.999