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Home occupation permit sparks heated community debate

October 02, 2024 | River Falls, Pierce County, Wisconsin


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Home occupation permit sparks heated community debate
In a recent government meeting, the planning commission discussed a special use permit (SUP) request for a home occupation involving a portable restroom facility rental business. The proposal, presented by the applicant, Mr. Kleist, aims to operate primarily from a residential property, focusing on the storage, maintenance, and detailing of restroom facilities and equipment.

The home occupation ordinance allows for certain business activities within residential areas, provided they meet specific criteria. These include conducting operations entirely indoors, limiting the number of non-family employees to one, and ensuring that the business does not create offensive externalities such as noise or odors. The ordinance also restricts operational hours and prohibits outdoor storage or construction related to the business.

Staff analysis deemed the proposed portable restroom business comparable to catering services, arguing that both involve equipment that is often cleaned and stored after use. However, the analysis faced significant pushback from local residents during the public comment period. Opponents, including neighbors Cindy Maxwell and Ian Lewenstein, raised concerns about the adequacy of the staff's analysis, particularly regarding potential health and safety risks associated with the chemicals used in portable toilets and the business's proximity to wetlands.

Maxwell highlighted that the analysis failed to address the number of employees and the implications of storing potentially hazardous materials on the property. Lewenstein criticized the comparison of the business to catering, asserting that the scale of operations and the nature of the services provided do not align with the home occupation standards.

In response to these concerns, staff recommended five conditions for approval, including strict adherence to indoor operations and continued licensure from the Wisconsin Department of Natural Resources (DNR). The commission is tasked with evaluating the application against the home occupation standards and the criteria for special use permits, with the potential for corrective action should violations arise.

The meeting underscored the tension between residential zoning regulations and the desire for local businesses to operate within those spaces, raising questions about the balance between community standards and economic development. The commission is expected to deliberate further on the application, weighing the concerns of residents against the regulatory framework governing home occupations.

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