It is the intent of this chapter to permit the use of their residences by citizens for employment under certain conditions, but also to ensure that the surrounding residential areas are protected from adverse impacts of these commercial activities. Any time a citizen conducts business from their home or uses their home address as the place of business then they must obtain a home occupation permit.

(Ord. 2006-13 § 1 (part))

Home occupations are permitted in all zoning districts within the city of River Falls which permit residential use of property subject to the following conditions:

A.

General Standards.

1.

The home occupation shall involve the sale of goods or services in connection with such home.

2.

The home occupation shall be conducted entirely within the principal building and shall be clearly incidental and secondary to the permitted principal use of the building.

3.

The home occupation shall be conducted by a person residing on the premises in which the home occupation is conducted. Not more than one person, other than members of the family residing on the premises in which a home occupation is conducted, shall be regularly engaged in such occupation.

4.

A home occupation shall not produce any offensive noise, vibration, smoke, dust, odors, heat, gas, glare, electrical or audible interference, nor shall it otherwise create a risk to health, safety or property of residents and occupations of adjacent and neighboring properties.

5.

Customers or clients, or deliveries shall not enter the premises between the hours of ten p.m. and six a.m. Depending upon the nature of the home occupation and the neighborhood, the city staff may reduce the hours of operation.

B.

Structural Standards.

1.

Not more than twenty-five (25) percent of the gross floor area of the dwelling unit nor twenty-five (25) percent of the gross floor area if conducted in an accessory structure, shall be used in the conduct of the home occupation.

2.

Nothing incidental to the conduct of a home occupation shall be constructed, installed, placed or stored outside of the principal building in which it is carried on, nor shall any exterior evidence of a home occupation be permitted to exist on the lot in question if it is visible from any adjacent or neighboring properties or if it is not in keeping with the residential character of the neighborhood surrounding the lot, except for a sign and off-street parking as is set forth below.

3.

One unlighted sign per dwelling shall be allowed and shall not exceed four square feet in area or project six feet above the surface of the ground.

C.

Parking Standards. If there is one full-time equivalent employee in the operation of a home occupation, at least one off-street parking space shall be provided.

D.

Other Requirements. The home occupation shall comply with all other applicable codes.

E.

Permitted Uses. The following are examples of home occupation uses permitted within the city of River Falls, which meet the intent of this section subject to compliance with the conditions of this chapter:

1.

The office or studio of an accountant, architect, artist, attorney, ceramist, engineer, interior designer, landscape architect, photographer, dentist, physician or other licensed medical practitioner, teacher and practitioners in similar fields of service;

2.

Dressmaking, tailoring, millinery, catering, and telephone or mail services;

3.

Beauty parlors, beauty salons or barber shops;

4.

Family home day care services, not to exceed five children.

F.

Notice—Registration—Violations—Complaints—Appeals.

1.

Any person proposing to conduct a home occupation shall, as part of their application, be required to give notice of the home occupation application to fire, police, emergency services, residents and property owners within three hundred (300) feet of the premises. The notice shall include the nature of the home occupation, if there is an employee who will be engaged in such occupation, whether or not customers or clients will visit the site and shall contain an acknowledgment that the applicant will be willing to meet with neighboring residents and property owners before the permit is issued, and that the applicant understands that the application will be placed on file at City Hall and shall be available for public inspection. Review and written comments shall be provided fifteen (15) days from the date the notice was mailed. Staff shall collect and evaluate any written comments, which will be used in determining whether the home occupation complies with the home occupation regulations and what restrictions, if any, shall be placed on it. Staff shall thereupon either issue, with or without conditions, or deny the issuance of a home occupation permit and provide written notice of its decision to the applicant. In addition, a one time processing fee shall be filed with the city.

2.

Each person who seeks to engage in a home occupation shall register the type of home occupation in question with the city on forms provided by the city, including therein such information as is required by the city, as well as an acknowledgement that the home occupation engaged in on and from the property shall be in full compliance not only with this chapter but with all applicable codes and laws, which compliance requirement shall be a condition of the right to engage in such home occupation. Within seven business days after the public review process the city planning director or his designee will prepare a report that approves or denies the request based on whether or not it complies with the home occupation regulations.

3.

If approved, the applicant will receive a certificate of home occupation. The permit so granted shall be personal to the resident of the house and lot from which the home occupation shall be conducted. It shall not be transferable, either as and between successive occupants of the property in question, nor from one property in the city to another.

4.

No person shall conduct a home occupation in violation of this section. In addition to any other remedies available, the city may revoke the home occupation or the certificate of occupancy for any building in which a home occupation is being conducted in violation of this section. Failure to comply with the provisions of this section shall be subject to a penalty.

5.

Any person who is aggrieved by the granting of a home occupation permit or the exercise of rights under such a permit may file a complaint explaining the reasons therefor with the city. The city planning director or his designee shall investigate the grounds of the complaint and shall issue a written decision as to whether or not the home occupation in question or the manner in which it is conducted is in violation of the terms and conditions of the permit granted under this chapter. If a violation is found to exist, the city staff shall determine what action should be taken by the city to correct the same. All complaints filed hereunder shall be kept on file and shall be open to public inspection. Prior complaints concerning a given home occupation shall be considered by staff in the course of investigation of a later complaint.

6.

Persons aggrieved by the decision of the city staff in response to a complaint concerning a home occupation may appeal such decision to the common council, within thirty (30) days of the date on which the staff issued its decision.

(Ord. 2006-13 § 1 (part))

Home occupations under this section shall not be allowed in any residential area where there are legally binding restrictive covenants prohibiting commercial activities.

(Ord. 2006-13 § 1 (part))