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Staff ReportsCITY OF SHOREWOOD ORDINANCE NO.544 AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO HOME OCCUPATIONS FOR THE CITY OF SHOREWOOD Section 1. Zoning Code Section 1201.02 is hereby amended as follows: HOME OCCUPATION. Any business, occupation, or profession engaged in by the residents of the dwelling when conducted within the dwelling, accessory building, or on the parcel of land containing the dwelling unit. COMMERCIAL TRAILER: For purposes of this section, a commercial trailer is a trailer that transports property, materials and/or machinery used for an occupation or enterprise by the owner, lessee, or licensee. Personal or recreational use of a commercial trailer does not negate its designation as commercial. COMMERCIAL VEHICLE: For purposes of this section, a commercial vehicle is a self-propelled vehicle that travels along the ground on wheels and transports persons, and/or transports or pulls property, materials and/or machinery used for an occupation or enterprise by the owner, lessee, or licensee. Personal or recreational use of a commercial vehicle does not negate its designation as commercial. Section 2. Zoning Code Section 1201.03 is hereby amended as follows: Subd. 12. Home occupations. a. Purpose. The primary purpose of this subdivision is to provide a means through 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. In addition, this subdivision is intended to provide a mechanism enabling the distinction between limited home occupations and special home occupations, so that limited home occupations may be allowed as accessory uses within residential zoning. b. Application. Subject to the nonconforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this subdivision. C. Procedures and permits. (1) Limited home occupation. Any home occupation, as defined in this code and which qualifies as a limited home occupation under section d. (2) of this subdivision shall be allowed as accessory uses in all residential zoning districts. Limited home occupations are allowed without a permit, but shall comply with all other applicable provisions of this code. (2) Special home occupation. Any home occupation which does not meet the specific requirements for a limited home occupation as set forth in section d.(2) of this subdivision shall require a special home occupation permit which shall be applied for, reviewed and disposed of in accordance with the conditional use provisions of § 1201.04 of this chapter. (3) Declaration of conditions. The Planning Commission may recommend and the City Council may impose the conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this subdivision. (4) Effect of permit. A special home occupation permit may be issued for a period of one year after which the permit may be reissued for periods of up to three years each. Each application for permit renewal shall, however, be processed in accordance with the procedural requirements of the initial special home occupation permit, except that notice of a public hearing need not be published in the official city newspaper. (5) Transferability. Permits shall not run with the land and shall not be transferable. (6) Lapse of special home occupation permit by nonuse. Whenever, within one year after granting a permit, the use as approved by the permit shall not have been initiated, then the permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original permit. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to initiate the use. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision. (7) Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial unless a decision to 2 reconsider the matter is made by not less than four -fifths vote of the full City Council. (8) Renewal of permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his or her monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be considered as a new permit 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. d. Requirements, general provisions. All home occupations shall comply with the following general provisions and according to classification, the applicable requirement provisions. (1) General provisions. (a) 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) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. (c) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof and shall result in no incompatibility or disturbance to the surrounding residential uses. (d) 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) There shall be no exterior storage of equipment or materials used in the home occupation. (f) Accessory buildings may only be used for storage of commercial trailers, equipment, stock, or materials related to the home occupation if the property has an alternative, conforming location for the off-street parking required by subdivision 5 of this section. (g) The home occupation shall meet all applicable fire and building codes. (h) There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling. (i) All home occupations shall comply with the provisions of the city nuisance ordinance (Chapter 502). (j) No home occupation shall be conducted between the hours of 9:00 p.m. and 7:00 a.m. unless the occupation is contained entirely within the principal building and does not require any on -street parking facilities. (k) Parking. i. Parking for home occupations shall comply with the requirements of subdivision 5 of this section. ii. All parking for home occupations shall occur on the existing driveway.. On -street parking of any vehicles related to a home occupation is prohibited, including, but not limited to, customer or employee vehicles, commercial trailers, and commercial vehicles. iii. No commercial vehicle or trailer used in conjunction with the home occupation, shall be parked closer than 25 feet from the curb line or edge of the paved street surface. (2) Requirements - limited home occupations. (a) No person other than those who reside on the premises shall be employed in the home occupation. (b) All limited home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings. (c) Examples of limited home occupations include but are not limited to: art studio, dressmaking, secretarial services, professional offices and teaching with musical, dancing and other instructions which consist of no more than one pupil/client at a time and no more than five per day. None of the above shall service more than one person in the home at a given time. (d) The home occupation shall not include any of the following: i. Repair service or manufacturing which requires equipment other than found in a dwelling. ii. Teaching, counseling, or sales meetings which consists of more than one pupil/client at a time. iii. Over-the-counter sale of merchandise produced or sold off the premises. iv. Parking or storage of more than one commercial vehicle or commercial trailer used for the home occupation outside an accessory building. (3) Requirements - special home occupation. (a) Not more than one person other than those who reside on the premises shall be employed. (b) Special home occupations may be conducted within an accessory building. (c) Examples of special home occupations include: massage therapists, barber and beauty services, pet grooming, photography studio, group lessons, saw sharpening, small appliance and small engine repair and the like. (d) The special home occupation may include any of the following: i. Stock -in -trade incidental to the performance of a service; ii. Up to five clients/pupils/animals at any one time and no more than 10 clients/pupils/animals per day except as further limited by d. (1) (k) of this subdivision or by the City Council. Any group events (except pet grooming) may occur on no more than one day per week, unless otherwise approved by the City Council. (4) Prohibited home occupations. Auto repair, whether for consideration or not, of vehicles which are not registered to a resident of the dwelling, or to a son or daughter, sibling, parent, grandparent or grandchild of a resident on the property. e. Nonconforming use. Existing home occupations 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 within one year subsequent to the adoption of this chapter. Any existing home occupation that is discontinued for a period of more than 30 days, or is in violation of the ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this subdivision. f. Inspection. The City of Shorewood reserves the right, upon issuing any special home occupation permit, to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this subdivision or any conditions additionally imposed. Section 3. This Ordinance shall be in full force and effect upon publication in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of 2017. ATTEST: Sandie Thone, City Clerk Cj Scott Zerby, Mayor Marie Darling From: Marie Darling Sent: Tuesday, August 1, 2017 9:26 AM To: 'Tracey@ccrpIIc.com' Cc: Sandie Thone; Greg Lerud Subject: RE: Planning Commission Agenda Thank you for your comments. I will distribute this email to the Planning Commissioners for tonight's meeting so they may take your concerns into consideration. The public hearing at the Planning Commission meeting was advertised for this evening and the hearing must be opened. However, the Planning Commission makes recommendations on the proposed amendments, not the final decision. Their recommendation will be forwarded to the City Council. The Council's review is tentatively scheduled for August 14. W4a DQn&aq Planning Director 952-960-7912 mdar1ina(@ci.shorewood.mn.us City of Shorewood 5755 Country Club Road Shorewood, MN 55331 MN Data Practices Notification: Pursuant to MN Data Practices Chapter 13 all government data including email communications is presumed to be public unless there is a specific state statute, federal law, or temporary classification that classifies it otherwise. www.ci.shorewood.mn.us From: Tracey Peebles [mailto:TraceyCabccrpllc.com] Sent: Monday, July 31, 2017 4:45 PM To: Sandie Thone Subject: Re: Planning Commission Agenda Hi Sandie, Thank you for sending the details of the upcoming public hearing. This is very helpful and exactly what we needed. It is extremely unfortunate that the agenda of a public meeting is released so close to the date of the public hearing. It's even more unfortunate that the details of each agenda item are released with only 3 days to review prior to the hearing. We are traveling this week on a family vacation and will not be able to attend the public hearing tomorrow evening. We ask that the matter of zoning code changes to the Home Occupation code be postponed or left open in order for us to respond in person. This is starting to feel like a witch hunt and it is our suspicion the amendment to the Home Occupation zoning code is a direct result of our neighbor being a very squeaky wheel over the last 14 months. I do not argue that the number of complaints the city has received regrading parking related to a home occupation has increased but I would bet the number of complainers is extremely small. Our neighbor has been using the city as a venue for harassing us for the last 14 months. It has been disappointing to us that the extensive communication regarding these home occupation complaints have been one sided, with the city only communicating with us via violation notices. We have reached the point that we now feel the city is contributing to this harassing behavior by allowing a squeaky wheel to waste the city's resources chasing around false leads (we have yet to be found in violation, but have been served a number of erroneous notices), and now to dictate code changes. My husband has lived in Shorewood his entire life and has not had issues like this until we moved into our home last year. We also feel these code changes will unnecessarily add to the gentrification of our city by limiting the types of people that would choose to reside here, not a benefit to MOST of the residents. There are a number of items in the proposed changes that we would like an opportunity to respond to prior to them being adopted into code. We wish to personally meet with the appropriate parties, please let us know how to proceed in citing our many concerns. Sincerely, Tracey Peebles Director of Property Management City Center Real Estate Services Phone: 612-408-1825 Email: tracev@ccrpllc.com Please consider the environment before printing this email CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 •952-960-7900 Fax: 952-474-0128 • www.ci.shorewood.mn.us • cityha11@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission FROM: Marie Darling MEETING DATE: August 1, 2017 RE: Zoning Ordinance Text Amendment — Home Occupation Regulations FILE NO.: Zoning Ordinance (Section 1201.03 Subd 12) Shorewood's home occupation regulations were written to strike a balance between the residents that run small businesses from their homes and the need to protect neighbors from the impact of such businesses. The rules were crafted to define the boundary where home occupations would and would not be appropriate. The regulations indicate a two -level approach to home occupations; those that are allowed to operate with no impact on the surrounding properties ("limited home occupations") and those that have a little more impact ("special home occupation"). Special home occupations are designed to allow businesses with an employee or a heavier client base, subject to conditions to make sure they don't overwhelm the neighborhood. However, the volume of complaints about home occupations is increasing, especially those operating as limited home occupations. Staff propose these amendments to reduce the impact of home occupations on the surrounding neighborhood. The majority of the amended home occupation language is proposed due to the volume of calls regarding parking issues related to home occupations. Definitions Staff propose adding two definitions that are referred to in the amended regulations: commercial trailers and commercial vehicles. Frequently with home occupations, staff hears that the trailers or vehicles are all personal vehicles that are occasionally used for the business. Through long and expensive code enforcement observation of these home businesses, staff has found that the opposite is usually the case. The vehicles/trailers are most often used primarily for the business, with an occasional personal use. To avoid having to document every use of the vehicles/trailers, staff propose definitions to specifically indicate that any use of the vehicles/trailers for the home occupation means that they are commercial and subject to the home occupation parking/storage regulations. Page 2 Revised Home Occupation Language Staff included language to reduce the number of people on the site for limited home occupations and for special home occupations, to set a maximum limit for the number of persons that could be on the property at any one time. The limit for special home occupations would be set by the amount of parking available on the driveway up to a maximum of five persons. Staff has also proposed a list of home occupations that are not permitted in residential districts, including pet care (but excepting out grooming), auto repair, and businesses involving gatherings of more than 5 people at a time or more than two such gatherings per week. ATTACHMENTS: Draft Ordinance Existing Ordinance CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO HOME OCCUPATIONS FOR THE CITY OF SHOREWOOD Section 1. Zoning Code Section 1201.03 is hereby amended as follows: HOME OCCUPATION. Any business, occupations or profession engaged in by the residentseeeupants of the dwelling or .,eeessery building when conducted within the dwelling_, or -accessory building., or when eendueted upon athe parcel of land containing the dwelling unit. Commercial Trailer: For purposes of this section, a commercial trailer is a trailer that transports property, materials and/or machinery used for an occupation or enterprise that is carried on for profit by the owner, lessee, or licensee. Personal or recreational use of a commercial trailer does not negate its designation as commercial. Commercial Vehicle: For purposes of this section, a commercial vehicle is a self- propelled vehicle that travels along the ground on wheels and transports persons, and/or transports or pulls property, materials and/or machinery used for an occupation or enterprise that is carried on for profit by the owner, lessee, or licensee. Personal or recreational use of a commercial vehicle does not negate its designation as commercial. Section 2. Zoning Code Section 1201.03 is hereby amended as follows: Subd. 12. Home occupations. a. Purpose. The primary purpose of this subdivision is to provide a means through 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. 14 ;s fin4 er intended that businesses ,,,i,;,.h may be allowed within residential -d ets-should not gain an unfaireeenomie advantage ever businesses l,,eatea i this- iets zoned for buss e& , .1n addition, this subdivision is intended to provide a mechanism enabling the distinction between limited home occupations and special home occupations, so that limited home occupations may be allowed as accessory uses within residential zoning. b. Application. Subject to the nonconforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this subdivision. C. Procedures and permits. (1) Limited home occupation. Any home occupation, as defined in this code and which qualifies as a limited home occupation under section d. (2) of this subdivision shall be allowed as accessory uses in all residential zoning districts. Limited home occupations are allowed without a permit, but shall comply with all other applicable provisions of this code. (2) Special home occupation. Any home occupation which does not meet the specific requirements for a limited home occupation as set forth in section d.(2) of this subdivision shall require a special home occupation permit which shall be applied for, reviewed and disposed of in accordance with the conditional use provisions of § 1201.04 of this chapter. (3) Declaration of conditions. The Planning Commission may recommend and the City Council may impose the conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this subdivision. (4) Effect of permit. A special home occupation permit may be issued for a period of one year after which the permit may be reissued for periods of up to three years each. Each application for permit renewal shall, however, be processed in accordance with the procedural requirements of the initial special home occupation permit, except that notice of a public hearing need not be published in the official city newspaper. (5) Transferability. Permits shall not run with the land and shall not be transferable. (6) Lapse of special home occupation permit by nonuse. Whenever, within one year after granting a permit, the use as approved by the permit shall not have been initiated, then the permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original permit. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to initiate the use. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision. 2 (7) Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial unless a decision to reconsider the matter is made by not less than four -fifths vote of the full City Council. (8) Renewal of permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his or her monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be considered as a new permit 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. d. Requirements, general provisions. All home occupations shall comply with the following general provisions and according to classification, the applicable requirement provisions. (1) General provisions. (a) 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) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. (c) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof and shall result in no incompatibility or disturbance to the surrounding residential uses. (d) 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) There shall be no exterior storage of equipment or materials used in the home occupation. 3 (f) Accessory buildings mgy only be used for storage of commercial trailers, equipment, stock, or materials related to the home occupation if the home has an alternative, conforming location for the off-street parking required by subdivision 5 of this section. (g) The home occupation shall meet all applicable fire and building codes. (gh) There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling. (hi) All home occupations shall comply with the provisions of the city nuisance ordinance (Chapter 502). (ij) No home occupation shall be conducted between the hours of 9:00 p.m. and 7:00 a.m. unless the occupation is contained entirely within the principal building and does not require any on -street parking facilities. (jk) Parking. i. Parking for home occupations shall comply with the requirements of subdivision 5 of this section. ii. All parkin for hHome occupations shall occur on the existing driveway. existing driveway. On -street parking of any vehicles related to a home occupation is prohibited, including, but not limited to, customer or employee vehicles, commercial trailers, and commercial vehicles. iii. No vehicle or trailer used in conjunction with the home occupation, shall be parked closer than 25 feet from the curb line or edge of the paved street surface. (2) Requirements - limited home occupations. (a) No person other than those who ^�•�reside on the premises shall be employed in the home occupation. (b) All limited home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings. (c) Examples of limited home occupations include but are not M limited to: art studio, dressmaking, secretarial services, professional offices and teaching with musical, dancing and other instructions which consist of no more than one pupil at a time and no more than five per day. None of the above shall service more than one person in the home at a given time. (d) The home occupation shall not include any of the following: i. Rrepair service or manufacturing which requires equipment other than found in a dwelling_; ii. Tteaching, counseling, or sales meetings which ^tipconsists of more than one pupil/client at a time;_ iii. Oaver-the-counter sale of merchandise produced or sold off the premises, exeept for- these brand name ,.auc4 that are t ,,,,,rioted and sold i wholesale o retail outlets. iv. Parking or storage of more than one commercial vehicle or commercial trailer used for the home occupation outside an accessory building. (3) Requirements - special home occupation. (a) Not more than one person other than those who customarily reside on the premises shall be employed. (b) Special home occupations may be conducted within an accessory building. (c) Examples of special home occupations include: massage therapists, barber and beauty services, pet grooming, photography studio, group lessons, saw sharpening, small appliance and small engine repair and the like. (d) The special home occupation may include any of the following: i. Sstock--in-trade incidental to the performance of thea serviceji ii. repair- o ufaetur-inn .:rhie r o 0 e-PA ether than euste e�d in a rome, theTeaching, counseling or sales meetings Arith musioal, dai cifig and other- instr,,, ti-a of more than one client/pupil at a time but no more than five clients/pupils at any one time; no more than 10 clients/pupils per day or as further limited by d. (1) (k) of this subdivision or by the City Council. Such group events may occur on no more than one damper week, unless further limited by the City Council. (4) Prohibited home occupations: (a) Auto Repair, whether for consideration or not, of vehicles which are not registered to a resident of the dwelling, or to a son or daughter, sibling, parent, grandparent or grandchild of a resident on the property. (b) Business gatherings, _ education programs, musical instruction or other group activities of more than five clients/pupils at any one time or more than two such occurrences per week. (c) Pet care/boarding facilities, except for pet grooming. e. Nonconforming use. Existing home occupations 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 within one year subsequent to the adoption of this chapter. Any existing home occupation that is discontinued for a period of more than 30 days, or is in violation of the ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this subdivision. f. Inspection. The City of Shorewood reserves the right, upon issuing any i ep cial home occupation permit, to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this subdivision or any conditions additionally imposed. Section 2. This Ordinance shall be in full force and effect upon publication in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of 2017. ATTEST: Sandie Thone, City Clerk C Scott Zerby, Mayor 1201.03 Zoning Regulations Subd. 12. Home occupations. 1201.03 a. Purpose. The primary purpose of this subdivision is to provide a means through 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. It is further intended that businesses which may be allowed within residential districts should not gain an unfair economic advantage over businesses located in districts zoned for business uses. In addition, this subdivision is intended to provide a mechanism enabling the distinction between limited home occupations and special home occupations, so that limited home occupations may be allowed as accessory uses within residential zoning. b. Application. Subject to the nonconforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this subdivision. C. Procedures and permits. (1) Limited home occupation . Any home occupation, as defined in this code and which qualifies as a limited home occupation under section d.(2) of this subdivision shall be allowed as accessory uses in all residential zoning districts. Limited home occupations are allowed without a permit, but shall comply with all other applicable provisions of this code. (2) Special home occupation. Any home occupation which does not meet the specific requirements for a limited home occupation as set forth in section d.(2) of this subdivision shall require a special home occupation permit which shall be applied for, reviewed and disposed of in accordance with the conditional use provisions of. 1201.04 of this chapter. (3) Declaration ofconditions. The Planning Commission may recommend and the City Council may impose the conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this subdivision. (4) Effect of permit. A special home occupation permit may be issued for a period of one year after which the permit may be reissued for periods of up to three years each. Each application for permit renewal shall, however, be processed in accordance with the procedural requirements of the initial special home occupation permit, except that notice of a public hearing need not be published in the official city newspaper. (5) Transferability. Permits shall not run with the land and shall not be transferable. (6) Lapse ofspecial home occupation permit by nonuse. Whenever, within one year after granting a permit, the use as approved by the permit shall not have been initiated, then the permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original permit. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to initiate the use. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision. (7) Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered gain by the Planning Commission or City Council for at least six months from the date of its denial unless a decision to reconsider the matter is made by not less than four -fifths vote of the full City Council. (8) Renewal of permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his or her monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be considered as a new permit 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. d. Requirements, general provisions. All home occupations shall comply with the following general provisions and according to classification, the applicable requirement provisions. (1) General provisions. (a) 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) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. (c) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof and shall result in no incompatibility or disturbance to the surrounding residential uses. (d) 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) There shall be no exterior storage of equipment or materials used in the home occupation. (f) The home occupation shall meet all applicable fire and building codes. (g) There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling. (h) All home occupations shall comply with the provisions of the city nuisance ordinance (Chapter 502). (i) No home occupation shall be conducted between the hours of 9:00 p.m. and 7:00 a.m. unless the occupation is contained entirely within the principal building and does not require any on -street parking facilities. (j) Parking accessory to home occupations shall comply with the requirements of subdivision 5 of this section. Home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway. No vehicle shall be parked closer than 25 feet from the curb line or edge of the paved street surface. (2) Requirements - limited home occupations. (a) No person other than those who customarily reside on the premises shall be employed. (b) All limited home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings. (c) Examples of limited home occupations include but are not limited to: art studio, dressmaking, secretarial services, professional offices and teaching with musical, dancing and other instructions which consist of no more than one pupil at a time. None of the above shall service more than one person in the home at a given time. (d) The home occupation shall not include any of the following: repair service or manufacturing which requires equipment other than found in a dwelling; teaching which customarily consists of more than one pupil at a time; over-the-counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in wholesale or retail outlets. (3) Requirements - special home occupation. (a) Not more than one person other than those who customarily reside on the premises shall be employed. (b) Special home occupations may be conducted within an accessory building. (c) Examples of special home occupations include: barber and beauty services, photography studio, group lessons, saw sharpening, small appliance and small engine repair and the like. (d) The home occupation may include any of the following: stock- in - trade incidental to the performance of the service, repair or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than one pupil at a time. e. Nonconforming use. Existing home occupations 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 within one year subsequent to the adoption of this chapter. Any existing home occupation that is discontinued for a period of more than 30 days, or is in violation of the ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this subdivision. f. Inspection. The City of Shorewood reserves the right, upon issuing any home occupation permit, to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this subdivision or any conditions additionally imposed.