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HomeMy WebLinkAboutA001 - Council Action Form dated July 29, 1986 ITEM # DATE: 7/29/86 COUNCIL ACTION FORM SUBJECT: Motion to Set a Date for Public Hearing on Revisions to Horne Occupation Section of the Zoning Ordinance BACKGROUND: The current zoning ordinance language with respect to Home Occupations was adopted by the City Council in 1980. (Existing language is attached. ) Since that time, the Zoning Board of Adjustment has handled a relatively large num- ber of permit cases, and has recently requested that the ordinance be modified so as to streamline the process for home occupations where possible. The proposed language accomplishes this intent by the inclusion of the lan- guage which is contained in Section 29.10(3) of the proposed ordinance. This Section grants administrative approval of Permitted Home Occupation to City Staff, such that these uses do not require Zoning Board approval . In the event that an applicant is denied by staff in this administrative process, there is also an appeal process before the Board. This administrative process does streamline the process in the instance of permitted home occupations. The proposed language also creates more clarity for the applicant and the City with respect to the uses, the approval criteria and the review process . In addition the proposed language contains a Section on Bed and Breakfast Estab- lishments which regulates these establishments as Home Occupations but with additional specific criteria. The Zoning Board of Adjustment and the Planning and Zoning Commission have reviewed this proposed amendment and have recommended that the City Council adopt the proposed ordinance language. The Assistant City Attorney has also reviewed the proposed amendment and has found no problems with the ordinance concept. ALTERNATIVES: 1. The City Council can approve of the proposed amendment and can set September 9, 1986 as the date for the public hearing on the amendment. 2. The City Council can approve of the proposed amendment with modifica- tions and can set September 9, 1986 as the date for the public hearing on the amendment. 3. The City Council can table action on the amendment and refer it back to the Planning and Zoning Commission for further review. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #1. This will approve of the proposed amendment language and set September 9, 1986 as the date for the public hearing on the amendment. COUNCIL ACTION: -- o# I iN� Sec. 29. 10. HOME OCCUPATIONS. Statement of Intent: Within the various zoning districts as de- scribed, certain uses are permitted as they are mutually compatible. It is the intent of this chapter to restrict incompatible uses; however, it is not the intent of this chapter to eliminate certain home occupations which may be compatible with residential areas. Home occupations are hereby permitted and defined as business, occupation, or profession carried on within a residential dwelling by a resident or residents thereof, and shall have the following characteristics: (1) There shall be no external evidence of the occupation with the exception of one unlighted nameplate of not more than one in(1) square foot n or displays ea ethrough d flat against window dwelling. Advertising g permitted. (2) There shall be no emission of smoke, dust, odor, fumes, glare, noise, vibration, electrical or electronic disturbance detectable at the lot line. (3) The activity shall employ in the home only members of the immediate family of the residents of the dwelling. (4) There shall be no continual visits by the general publicand there shall not be any activity so as to cause parking and traffic problems annoying to the public. (5) There shall f be no pu equipment poses used except as is customary o (6) The above listed characteristics shall not be construed to restrict rummage sales this rexceptio sale n of hallarBt produce to allow premises, provided or the the tence operation standsf a o or booths forrcial nursery,ouse or the display of produce exis grown on the premises. Permit Required. Home occupations shall be permitted as a special exception use under the general use regulations of the z on g district. A special permit therefore must first be obtained by application o the Zoning Board of Adjustment. The Board may grant such permit if it reasonably concludes from the evidence that the home occupation pro- posed will meet the standards set out in the first paragraph of this section. The Board may, if warranted by the evidence, impose, as additional conditions, such measures as may be deemed necessary eto protect the legitimate use and enjoyment of neighboring p With the Any failure to obtain such permit when required, or to comply standards and conditions aforesaid, when issued, shall constitute a violation of this section and shall further more be grounds for r Board oca- tion of the said permit, after notice and hearing, by the Zoning of Adjustment. (Ord. No. 2751, Sec. 10, 7-1-80) HOME OCCUPATION ORDINANCE Definition to be included in Section 29.2 of the Zoning Ordinance Home Occupation - any activity conducted for financial gain or profit in a dwelling unit, and which activity is not generally or customarily character- istic of activities for which dwelling units are intended or designed; such activity is clearly incidental or secondary to residential use of a dwelling unit. Bed-and-Breakfast Establishment - any building or portion thereof containing not more than five guest rooms which are used by not more than ten guests where rent is paid in money, goods, labor, or otherwise. Guest Room - room intended, arranged or designed to be occupied or which is occupied by one or more guests, but which no provision is made for cooking and not including dormitories for sleeping purposes. Residential non-commercial quest rooms shall be within or attached to the principal residence and shall be a part of the residential utility (sewer, electric, etc. ) service line. Section 29.10.1 Home Occupations Statement of Intent - the intent of this Section is to: 1. Protect residential areas from potential adverse impacts of activities defined as home occupations; 2. Permit residents of the community a broad choice in the use of their homes as a place of livelihood in the production or supplementing of personal/family income; 3. To restrict incompatible uses; however, it is not the intent to elimi- nate certain businesses and occupations which may be compatible with residential areas; 4. Establish criteria and development standards for the use of residen- tial structures or dwelling units for home occupations. Section 29.10.2 Permitted, Conditional and Prohibited Home Occupations Permitted Home Occupations 1. Horne sewing or tailoring; 2. Studios for painting, sculpturing, ceramics or other similar arts; 3. Writing or editing; 4. Telephone answering; 2 5. Production of crafts such as handiwork, model-making, weaving, lapi- dary, and cabinet-making for the purpose of selling the product; 6. Tutoring and giving lessons, limited to four students; 7. Catering, home-cooking and preserving for the purpose of selling the product; 8. Computer programming; 9. Home professional offices for engineers , architects, and members of similar professions excluding physicians , chiropractors , and other licensed medical professionals. Conditional Home Occupations 1. Day-care homes (six or fewer children or adults) ; 2. Physicians and other licensed medical practitioners; 3. Barbershops and beauty parlors• 4. Small repair shops ( including small appliances, mower repair, blade sharpening and similar uses); 5. Realtors; 6. Lawyers; 7. Insurance agents; 8. Bed-and-breakfast operations (See Section 29.10.4); 9. All other activities not included on either the permitted or prohib- ited list. Prohibited Home Occupations 1. Animal hospitals; 2. Dancing studios or exercise studios; 3. Private clubs; 4. Restaurants; 5. Stables and kennels; 6. Automobile repair or paint shops. Activities Not Defined as Home Occupations 1. Rummage/garage sales are not included on this list and are not defined as home occupations provided no more than three sales per year are . 3 conducted. In addition, sale of garden produce is not defined as a home occupation provided no more than three sales per year are conducted. Section 29.10.3 Permit and Review Procedures Permitted Home Occupations - applicants must submit an application to Planning and Housing Department. The application will be reviewed by the staff. The applicant will be notified of the decision of the Department. The decision may be appealed to the Zoning Board of Adjustment within 30 days of the notifi- cation if the applicant is aggrieved. Conditional Home Occupations - applicants must submit a Special Permit applica- tion to the City Clerk. Applications will then be reviewed by the Planning and Housing Department; a staff report will be prepared and sent to the Zoning Board of Adjustment. The Board may grant such Permit if it reasonably concludes from the evidence that the home occupation proposed will meet the standards set out in Section 29 . 10( 1) . The Board may, if warranted by the evidence, impose, as additional conditions, such measures as may be deemed necessary to protect the legitimate use and enjoyment of neighboring properties. Any failure to obtain such Per- mit when required, or to comply with the standards and conditions aforesaid, when issued, shall constitute a violation of this section and shall further- more be grounds for revocation of the said Permit after notice and hearing by the Zoning Board of Adjustment. Prohibited Home Occupations - will not be allowed permission to operate. Criteria - all home occupations must meet the following criteria: 1. Area to be Used. a. The activity shall be conducted in a manner that will not alter the normal residential character of the premises and in no way cause a nuisance to adjoining residents, nor shall there be any structural alteration to accommodate the occupation. There shall be no emission of smoke, dust, odor, fumes, glare, noises, vibra- tion, electrical or electronic disturbances detectable at the lot line that would exceed that normally produced by a single resi- dent . Special noise exceptions will be allowed for day-care homes due to the nature of the clients using the facility; b. The activity shall be located within the principal building or within an accessory structure. It shall occupy no more than 25% of the total floor area of the residence and shall not exceed 400 square feet of an accessory building. NOTE: The reason limitations are set on the amount of area to be used for home occupations is to assure the primary use of the structure is for residential use. These specific standards were obtained from other city ordinances around the country and from a 1985 ISU thesis on home occupations. ,4 2. Signs. a. Any sign utilized at the home occupation shall be limited to one flush-mounted sign on the main residential structure which shall not exceed one square foot in area. Such sign shall not be lighted and non-reflecting materials shall be used. The legend shall show only the name of the occupant and the type of occupa- tion. Color shall be consistent with the residential character. 3. Equipment. a. There shall be no mechanical equipment used except as is cus- tomary for domestic household purposes. Any merchandise or stock in trade sold, repaired or displayed shall be stored entirely within the residential structure or in an accessory building. No storage is to be visible from lot lines. 4. Employment. a. The activity shall employ only members of the household residing in the dwelling. In certain circumstances and upon approval of the Zoning Board of Adjustment , non-family members can be employed. NOTE: The employee section has been broadened to allow non-family-member employment with approval of the ZBA to allow smaller families the opportunity to earn a supplemental income that would not otherwise be able to because of insufficient manpower. For example, a single per- son who works during the day or retired elderly couple who needs help with more laborious tasks. 5. Traffic. a. The activity should not generate significantly greater traffic volumes than would normally be expected in a residential area. Not more than ten ( 10) visits per business day shall be allowed. Generally, delivery and pickup of materials or commodities to and from the premises by commercial vehicles should not exceed two trips per week. The activity shall not interfere with the deliv- ery of utilities or other services in the area. NOTE: "The traffic generated by the home occupation should not interfere with the delivery of utilities or other services in the area" , means that the traffic generated by the home occupation shall not interfere with other residential services in the area. For example, delivery trucks shall not interfere with garbage pick-up by blocking the street or access to the cans. 6. Parking Criteria. a. One delivery vehicle associated with the home occupation may be parked on the street near the premises for not more than four consecutive hours;