The purpose of this chapter is to maintain the character and integrity of residential areas, to prevent competition with commercial districts, to encourage telecommuting, 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. (Ord. 2019-21, 10-28-2019)

All occupations conducted within a residential dwelling shall comply with the provisions of this chapter, but shall not be construed, however, to apply to home occupations accessory to farming, home offices as defined by this title, daycare uses as allowed by this title, or other occupations that do not involve or require the patron to be upon the premises. (Ord. 2019-21, 10-28-2019)

   A.   Administrative Permit:

      1.   Except as required by this section, home occupations defined by this title shall require an administrative permit pursuant to chapter 8 of this title issued subject to the conditions of this chapter, other applicable City ordinances, and State law.

      2.   The permit shall remain in full force and effect until such time:

         a.   There has been a change in conditions

         b.   The provisions of this chapter have been violated.

         c.   There is a change in occupancy or ownership of the premises.

         d.   Within one (1) year after granting an administrative permit, the use as allowed by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the Zoning Administrator. Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use.

   B.   Declaration Of Conditions: The Zoning Administrator may impose such conditions on the granting of an administrative permit as may be necessary to carry out the purpose and provisions of this section.

   C.   Effect Of Permit:

      1.   An administrative permit may be issued for a period of one year, after which the permit may be reissued for periods of up to three (3) years each.

      2.    Each application for permit renewal shall, however, be processed in accordance with the provisions of chapter 8 of this title regarding administrative permits, except that no application fee shall be required.

   D.   Renewal Of Permits:

      1.   An applicant shall not have a vested right to renewal of an administrative permit by reason of having obtained a previous permit.

      2.   . Each application for the renewal of a permit will be considered de novo without taking into consideration that a previous permit has been granted. The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a permit. (Ord. 2019-21, 10-28-2019)

All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions.

   A.   Glare, Noise, Odor, Etc.; Prohibited: 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.

   B.   Equipment: No equipment shall be used in the home occupation shall create electrical interference to surrounding properties.

   C.   Incidental To Residential Use: Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.

   D.   External Alterations: No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and State fire and police recommendations.

   E.   Activities Conducted Within Principal Dwelling: All home occupations shall be conducted entirely within the living quarters of the principal dwelling and may not be conducted in any portion of an attached private garage or within detached accessory buildings.

   F.   Exterior Storage: There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site.

   G.   Compliance With Fire And Building Codes: The home occupation shall meet all applicable Fire and Building Codes.

   H.   Displays And Signs: There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception of one sign not to exceed four (4) square feet in area.

   I.   Nuisances: All home occupations shall comply with the provisions of title 4, chapter 1 of this Code regarding nuisances.

   J.   Hours: No home occupation shall be conducted between the hours of ten o’clock (10:00) P.M. and seven o’clock (7:00) A.M.

   K.   Employment: Not more than one (1) person other than those who reside on the premises shall be employed by the home occupation.

   L.   Parking: Home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway or guest parking area for multiple-family dwellings, where no vehicle is parked so as to obstruct a public street, sidewalk or trail or private driveway. (Ord. 2019-21, 10-28-2019)

   A.   Home occupations include, and are limited to:

      1.   Hair or nail salon.

      2.   Instructional classes with not more than one (1) pupil at a time. Additional students receiving instruction at one time may be allowed for single-family uses subject to approval of an interim use permit.

      3.   Massage therapy.

      4.   Photography studio.

      5.   Small appliance repair.

      6.   Tailoring, sewing and alternations.

   B.   Home occupations shall not involve any of the following:

      1.   Repair service or manufacturing which requires equipment other than found in a dwelling.

      2.   Services which consist of more than one (1) pupil, client, or customer at a time.

      3.   Over the counter retail sale of merchandise produced off the premises.

      4.   Outdoor storage of materials or equipment.

      5.   Cannabis Businesses as defined by Minnesota Statutes, § 342.01. (Ord. 2019-21, 10-28-2019; amd. Ord. 2024-14, 12-9-2024)

The city hereby reserves the right upon issuing any administrative permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this chapter or any conditions additionally imposed. (Ord. 2019-21, 10-28-2019)