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HomeMy WebLinkAboutA004 - Planning and Zoning Commission Review of Home Occupation and Bed and Breakfast ordinance A ; till 1" all I TO: Mayor and City Council FROM: Department of Planning and Housing DATE: August 22, 1986 RE: Planning and Zoning Commission Review of Home Occupation and Bed and Breakfast Ordinance At the August 5, 1986 meeting of the City Council , Council members raised a question about the density provision in the proposed Bed and Breakfast Ordi - nance. The draft that the Council has received to date would permit up to five guest rooms per structure (Section 29.10 4(a) ) and up to ten persons per establishment (29.2(4) ) . The rationale for the five guest rooms was influenced greatly by parking re- quirements currently in the ordinance. At present, duplex uses are permitted in the R1-6 zoning district if constructed prior to 1983. In addition, duplex uses in this district may have been required to have three off-street parking spaces per unit, or a total of six spaces if there was an on-street parking prohibition. Similarily, if six spaces were then equated to a Bed and Break- fast use, then one space per guest room plus one space for the dwelling owner would then limit the guest rooms to five per structure. In addition to the parking rationale, the Staff also took into account the temporary nature of the use with respect to increased density and felt that five guest rooms or ten persons would not measurably alter the character of a neighborhood. This is also added to the fact that the Zoning Board does have the authority to limit the guest rooms to less than five if the Board feels the character of the neighborhood and the nature of the property warrants that decision. This provision of the Ordinance will remain. The Planning and Zoning Commission met on the issue at their meeting of August 20, 1986. After further discussion , the Planning and Zoning Commission is recommending that guests in Bed and Breakfast establishments be limited as follows: Zoning Districts Number of Guest Rooms S-R, R1-10, R1-6, R-2, R2-7 3 guest rooms, 6 persons R-3, R-4 5 guest rooms, 10 persons This is more consistent with the density intent of the districts as they now exist. tly 5 b. Delivery vehicles bringing materials to the home occupation may be parked on the street near the premises for not more than one hour; C. One additional on-site parking space is required above the normal parking requirement where two or more clients are likely to con- currently visit the premises; NOTE: This section assumes the first client would park in the driveway, and if a second client's car could not fit in the driveway, it would be parked in the street. d. No more than four client vehicles during a period of 60 consecu- tive minutes shall be allowed on the site; e. Occasional exceptions may be permitted for such events as meet- ings, conferences, demonstrations, or similar events. 7. Clients. a. There shall be no more than four clients or customers allowed on the premises at one time. This requirement shall not be con- strued to prohibit occasional exceptions, which are in no way a nuisance to adjoining residences. 8. Class Size. a. If the home occupation is the type which classes are held or instructions given, there shall be no more than four students or pupils at any one given time. The Board may approve up to six students if it finds that the additional students will not gener- ate additional traffic. Day-care homes may have up to six children or adults at a time. Additional children or adults will require a Special Use Permit for a day-care center. 9. Number of Home Occupations. a. The total number of home occupations within a dwelling unit is not limited except that the cumulative impact of all home occupa- tions conducted within the dwelling unit shall not be greater than the impact of one home occupation. This will be determined by using the home occupation criteria. For example, the combined uses will not occupy more than 25% of the floor area of the pri - mary structure and not exceed 400 square feet of an accessory building, the combined number of clients may not exceed four at any given time, etc. Section 29.10.4 Bed and Breakfast Establishments Special Permit Criteria - in order to obtain a Special Permit for a Bed-and- Breakfast Establishment, all criteria set for home occupations must be met in addition to the following: 6 1. Maximum number of guest rooms - five ( 5) per structure; (The Zoning Board of Adjustment may restrict the number of guest rooms to a lesser number. ) ; 2. Only breakfast shall be served and only guests residing in the structure or family members may be served . The structure shall not be remodeled into a commercial kitchen unless required by Environ- mental Health rules and regulations established pursuant to Chapter 11 of the Ames Municipal Code; NOTE: Chapter 11 of the Municipal Code deals with health and sanitation. According to this chapter, the Board of Health has the power to make and enforce rules and regulations that may be inconsistent with laws or rules of the State Board of Health in order to protect or improve the public health . Therefore, if the Board rules that it would be to the public's benefit to remodel a kitchen into a commercial use, the owner would be required to do so. 3. Off-street parking ratio shall be one space per guest room and one space for the owner and shall meet the standards established by the City; 4. Guests shall register upon arrival , stating their names, current resi- dence address and the license plate number of the vehicle that is being used by the guest . The registration form shall be kept by the owner for a period of three years and shall be made available for examination by a representative of the City of Ames upon one day's notice; 5. Guest stays shall be limited to two weeks; 6. The Special Permit is not transferable to a subsequent owner or to another property; 7. The Establishment must comply with local and state regulations regard- ing all applicable permits including, but not limited to fire, health and building/zoning permits.