Code Violation - Illegal Home Occupation

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970 Wayzata Blvd W Page 2 of 4 Sec.78-1376. Home occupations. (a) Purpose. Home occupation regulations are established to ensure that home occupations will not adversely affect the character and livability of the surrounding residential neighborhood.The home occupation shall function as an accessory and subordinate use to the principal use of the dwelling unit. In order to protect the public health, safety and welfare within residential neighborhood, home occupations shall be divided into two regulatory levels: (1) Level 1 home occupations:Home occupations that comply with all standards of subsection (d)of this section and which have no potential neighborhood impacts. Level 1 home occupations may be operated without a license or permit. (2) Level 2 home occupations: Home occupations that comply with all standards of subsection (d)of this section but which could have potential neighborhood impacts;and home occupations that do not comply with all standards of subsection(d)of this section and which are not prohibited home occupations under subsection(e)of this section. Level 2 home occupations are required to be licensed under the provisions of section 26-76. Level 2 home occupations may include but are not strictly limited to: a. Those with employed persons other than occupants of the dwelling. b. Those carried out partially or wholly in an accessory structure,where allowed, including storage of materials, equipment or commercial vehicles in an accessory building. c. Those involving the use or parking of a commerciai or nonpassenger vehicle,whether such use or parking is in a building or outside. d. Those which do not meet one or more of the specified performance standards. e. Those which generate excessive traffic under the standards of subsection(d)(13)of this section. In cases where it is unclear whether a home occupation should be classified as level 1 or level 2,the zoning administrator shall make such a determination subject to city council confirmation if requested by the operator of the home occupation. (b) Conformance required. All existing home occupations shall be brought into conformity with this section within one year of the adoption of the ordinance from which this section is derived. (c) License required for level 2 home occupations. An annual license shall be obtained by any person operating a level 2 home occupation as defined in this chapter, under the provisions of section 26-76 of this Code. (d) Home occupation regulations.The regulations recognize that many types of home occupations can be conducted with minimal or no effect on the surrounding neighborhood. Home occupations shall be subject to the following standards: (1) The home occupation shall be clearly incidental and secondary to the residential use of the premises, and shall result in no incompatibility with or disturbance to the surrounding area. (2) Employed persons. No one other than the occupants of the dwelling and one employee or associate shall be on the property at any given time in relation to the home occupation. No employee or associate or combination of either shall work on the premises for more than 40 hours in one week.The home occupation may employ additional nonresident employees only if their work activities are performed off the premises. Personal vehicles of employees working off the premises shall be parked within a building or shall be fully screened from the street and from adjoining properties. Domestic employees shall not be considered employees of the home occupation. (3) Exterior alterations or modifications that change the residential character or appearance of the dwelling unit or accessory structure to that of a commercial nature shall be prohibited. (4) Interior alterations or modifications that eliminate the kitchen, habitable areas for sleeping, and bathrooms shall be prohibited.