GameRager: Maybe buy the property then challenge the bit of the covenant you don't like in court?
Yeah, I'm thinking about it. Not the court thing since it is a covenant tied to the land, but by appealing directly to the homeowners who live there now. We could also go directly to the developer and say, "Look, this is what my business entails. Howzabout an amendment where the business itself should be considered instead of a one-size-fits-none approach? You'll get two lots sold in one deal." This may turn out to be the best approach since, as owners of the lots, the developer is part of the HOA and thus has access to the rest of the small number of members.
In this particular subdivision, there are 13 total lots and 7 are open at this time (it's not some crazy-exclusive thing - it's merely a geological / topographical matter that keeps it small). The two we're considering directly border only one other lot, and that one has a residence established on it. Looks like it's been there for quite a while (this development has been around since 2003). So it's not like we'd be affecting the whole community, even if I were to go all crazy with the noise. Worst case, one might hear my air compressor kick on for 5-10 minutes twice in a day once per month. As it is now, you have to be inside our house, or within a few feet of it, to hear it. But it's definitely less noticeable than a lawnmower, and happens much less often - I've used it once so far this year.
Without owning the land now, all we can do is ask since we aren't members of the HOA. The legalese is kinda iffy on the remedial / punitive measures that could be taken against us if we went ahead and broke the covenant anyway. In a civil court one needs to show damage, and that would be the sticking point for any claim against: what harm has been caused to you by the presence of my business, the one you didn't know about until I told you of its existence? But I'd rather do it the right way and get it changed / waived beforehand
GameRager: Remember reading in history books about how people actually owned their land & could do whatever they wanted with it long ago? I wish that kind of sh*t would return, tbh.
Well, yeah, but I certainly understand the point of these things. It's not much different than city planners, deciding what can go where with zoning, tax incentives, etc. I guess my biggest gripe is that they don't consider the details of the matter. That's why I point out the garage sale, Girl Scouts, etc. That is also business, and nobody is going to raise a fuss about those even though they're more "intrusive" or public to the neighborhood than what I do.
Anyway, you and tinyE have inspired the wife and I to get in touch with the HOA and developer and plead our case. All they can say is "no", and then we're simply back in the hunt for that perfect piece o' land. Thanks for the different perspective.