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Page 3 of 4 of the property. The nursery will feature plant sales of native species that are not commonly sold by local growers or garden centers. The home occupation will be an expansion of the Applicant’s existing garden that is used in their own yard. The plants would be grown in plug trays stored on benches so that they are raised off the ground. A typical size of the benches are 4’ x 8’ or 4’ x 12’. The Applicant anticipates starting with two to four benches attributed to the home occupation, but would be seeking flexibility in order to allow for business growth. Retail sales and customer orders would be conducted exclusively online. Customer order pickup would be “by appointment” only. The home occupation may require an occasional delivery of pots, packs, etc., but the Applicant anticipates this would occur only a handful of times per year. Home Occupations are allowed as an accessory use or conditional use under City Code Section 1325.02, Subd. 3. There are thresholds listed in the ordinance for the home occupation that distinguishes the differences between a Class I or Class II Home Occupation (i.e. employees, deliveries, customers visiting the premise, and size of the home occupation within the dwelling). However, the ordinance specifies that all home occupations (i.e. Class I and Class II) are required to comply with the following four conditions: 1. It shall not result in traffic, parking, noise, light, fumes and odors to such an extent that it is noticeable that the property is being used for non-residential purposes. 2. It shall be conducted entirely within the dwelling. 3. There is no exterior evidence of the home occupation. 4. It does not require any special entrances to the dwelling. For the concept review, the Applicant is seeking feedback from the City Council on considering a code (text) amendment to allow home occupations to be conducted outside of the dwelling (i.e. either an accessory building or not being required to be inside a building – exterior of dwelling) and to allow exterior evidence of the home occupation. The Applicant has provided language for two amendments as part of their submission. City staff would note that if changes were made to the two provisions as suggested it is likely that there will be other provisions within the home occupation section that would be impacted and need to be amended. The degree of changes would be dependent on direction of the City Council for handling of this request. See Attachment D for City Code Section 1325.02, Subd. 3 in its entirety. Proposed Code Amendments The Applicant has submitted the following proposed ordinance amendments: • In section 1325.02 of the city code (Accessory Uses), under Subdivision 3 (Home Occupations), I would like the council to consider moving line A.2. (“It shall be conducted entirely within the dwelling.”) to part B (Class I Accessory Home Occupations). According to the Applicant, this would allow business activity outside the home (in an accessory structure or elsewhere on the property), but only as a Class II Conditional Accessory Home Occupation. • Also in 1325.02, Subdivision 3, under part C (Class II Conditional Accessory Home Occupations), I would like the council to consider amending line 1.c (“It does not occupy more than thirty-three percent of the floor area of the dwelling”) to say “It does not occupy more than thirty-three percent of the floor area of the dwelling or accessory building, or 500 square feet of external property if not visible from the road.”