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7/23/2015 Elk River,MN Code of Ordinances Sec. 30-801. - Home occupations. (a) Purpose. The purpose of this section is 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 residential character or health, safety and general welfare of the surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling a distinction between permitted home occupations and conditional or customarily "more sensitive" home occupations, so that permitted home occupations may be allowed through an administrative process rather than a quasijudicial hearing process. (b) Prohibited activities. No home occupations (permitted or conditional) shall: (1) Constitute a fire hazard to neighboring residences, adversely affect neighboring property values, or constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, noise, glare, odor, electrical interference, vibration, dust and other nuisance or safety hazards. (2) Adversely impact governmental facilities and services, including roads, sanitary sewers, water, storm drainage, garbage service, police service and fire service. (3) Adversely affect sensitive environmental features, including lakes, surface water and underground water supply and quality, wetlands, slopes, floodplains and soils, or other factors as found relevant by the city. (4) Involve the use of hazardous materials or activities. (5) Involve any of the following: body shops, machine shops, welding, ammunition manufacturing, flea markets, motor vehicle repairs or sale, escort businesses or any sexually oriented land uses, gun repair and/or sales, or other objectionable uses as determined by the city council. (c) Permitted home occupations. Permitted home occupation permits shall be issued subject to the conditions of this section, other applicable city ordinances and state law. A permit for a permitted home occupation may be issued by the city based upon proof of compliance with the provisions of this section. Application for the permitted home occupation permit shall be accompanied by a fee as adopted by resolution of the city council. If the city denies a permitted home occupation permit to an applicant, the applicant may appeal the decision pursuant to the provisions of subdivision II of division 2 of this article. Permitted home occupations are subject to the following criteria: (1) The occupation shall be carried on entirely within the dwelling unit or attached garage, except that light construction contractors may use detached accessory structures which would normally be allowed under the provisions of this article for storage. If the home occupation is carried on in the garage, the minimum amount of required garage space shall be maintained. (2) There shall be no exterior evidence of the home occupation such as displays or exterior storage of business equipment, materials, merchandise, inventory or heavy equipment. (3) No permitted home occupation shall require internal or external construction features not customarily found in dwellings. (4) A maximum of one full-time employee, or equivalent, other than those persons who customarily reside on the premises shall be employed. This provision shall not apply to dwellings where the permitted home occupation is a meeting place for employees and the work is done off-premises. (5) Permitted home occupations involving teaching shall not exceed two pupils at a time. about:blank 1/2