HomeMy WebLinkAbout~Master - Amending Home Occupation Regulations ORDINANCE NO. 2962
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY REPEALING SECTION 29.2, DEFINITIONS,
AND ENACTING A NEW SECTION 29.2 TO INCLUDE DEFINITIONS
RELATING TO HOME OCCUPATION PERMITS; REPEALING SEC-
TION 29.10, HOME OCCUPATIONS, AND ENACTING A NEW SEC-
TION 29.10, REGULATING HOME OCCUPATIONS; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE-
WITH TO THE EXTENT OF SUCH CONFLICT, IF ANY; AND ES-
TABLISHING AN EFFECTIVE DATE
BE IT ORDAINED by the City Council for the City of Ames, Iowa:
Section One. The Municipal Code for the City of Ames, Iowa shall be
and is hereby amended by repealing Section 29.2 thereof and enacting a new
Section 29.2 as follows:
"Sec. 29.2. DEFINITIONS AND RULES OF CONSTRUCTION.
For the purpose of interpreting this chapter, certain words,
terms and expressions are herein defined. Words used in the
present tense include the future; the singular number includes the
plural, the plural includes the singular; the word "shall" is always
mandatory.
(1) Accessory building. A subordinate building, the use of
which is incidental to that of the principal building or to
the principal use of the premises. An accessory use is
one which is incidental to the main use of the premises.
(2) Alteration, structural. Any change in the load bearing
members of a building, such as bearing walls, columns,
beams or girders. The enlargement of the size or height j
of a building shall be construed to be a structural
alteration.
(3) Apartment. A room or suite of rooms, with toilet and
culinary accommodations, used or designed for use as a
residence by a family, located in a building containing
two (2) or more such rooms or suites or located in a
building devoted primarily to nonresidential use.
(4) Bed-and Breakfast.Establishment Any building or por-
tion thereof containing not more than five guest rooms in
the R-3 and R-4 zoning districts and two guest rooms in
the S-R, 111-10, R1-6, R-2 and R2-7 zoning districts
where rent is paid in money, goods, labor, or otherwise.
A maximum of ten guests shall be allowed to stay at a
bed and breakfast establishment in the R-3 and R-4
2e
zoning districts, and no more than four guests shall be
allowed to stay in such establishment in the S-R, R1-10,
R1-6, R-2, and 112-7 zoning districts.
(5) Boardinghouse. A lodging or rooming house where meals
are regularly served for compensation to more than three
(3) persons not members of the family there residing.
(6) Building. A structure having a roof supported by
columns or walls for shelter, support, or enclosure of
persons, animals or chattels. When separated by divi-
sion walls from the ground up without openings, each
portion of such structure shall be deemed a separate
building.
(7) Building, height of. The perpendicular distance mea-
sured in a straight line from the curb level to the high-
est point of the roof beams in the case of flat roofs, and
to the average of the height of the roof in the case of
pitched roofs, the measurement in all cases to be taken
through the center of the front of the building. Where
a dwelling is situated on ground above the curb level,
such height shall be measured from the level of the ad-
joining ground, at the front building wall, provided the
distance from the building to the street line is not less
than the height of the adjoining ground above the curb
level. Where a dwelling is on a corner lot and there is
more than one grade or level, the measurement shall be
taken from the main entrance elevation.
(8) Business. The word "business" or "commercial" when
used herein refers to the engaging in the purchases,
sale or exchange of goods or services, or the operation
for profit of offices or recreational amusement enter-
prises.
(9) Convalescent home. A building or premises in or on
which care is provided for two (2) or more invalid,
infirm, aged, convalescent, or physically disabled or
injured persons, not including insane or other mental
cases, inebriate, or contagious cases. Nursing homes
are convalescent homes.
(10) Dwelling Unit. A building or portion thereof designed
or used exclusively for residential occupancy, but not
including house trailers, mobile homes, hotels or motels.
(11) Dwelling--single-family. A building designed for and
occupied exclusively by one family.
3
(12) Dwelling--two-family. A building comprised of two
apartments designed for occupancy as separate dwelling
and housekeeping units. Such building shall be deemed
a two-family dwelling regardless of how many persons, if
any, occupy each apartment, and regardless of any
familial or rental relationships that may exist between the
occupants of the two apartments.
(Ord. No. 2861, Sec. 28, 10-25-83)
(13) Dwelling--multiple-famil . A building designed for occupancy by
more than two (2) families.
(14) Family. An individual, or two (2) or more persons related to one
another by blood, marriage, or legal adoption, including foster
children, and not more than two (2) roomers; or in the alterna-
tive, not more than three (3) unrelated persons.
(15) Farm. An area which is used for the growing of the usual farm
products such as vegetables, fruit trees and grain, and their
storage, as well as for raising thereon of the usual farm poultry
and farm animals such as horses, cattle, sheep and swine. The
term "farming" includes the operating of such an area for one or
more of the above uses for treating or storing the produce; pro-
vided, however, that the operation of any such accessory uses
shall be secondary to that of the normal farming activities, and
provided further that farming does not include the feeding of
garbage or offal to swine or other animals.
(16) Fraternity house; sorority house. A building, other than a hotel
or motel, that is occupied as a domicile predominantly by members,
candidates for membership, employees and guests of the same
social fraternity or sorority.
(17) Garage, private. An accessory building or portion of a building
used only for the shelter and/or storage of vehicles by the occu-
pants of the dwelling, or the leasing of space as provided herein,
including covered space or carport.
(18) Gross floor area. The sum of the gross horizontal area of floors
of a building, including interior balconies and mezzanines. All
horizontal dimensions are to be between the exterior faces of walls.
(19) Guest Room - Room intended, arranged or designed to be occupied
or which is occupied by one or more guests, but which no provi-
sion is made for cooking and not including dormitories for sleeping
purposes. Residential non-commercial guest rooms shall be within
or attached to the principal residence and shall be a part of the
residential utility (sewer, electric, etc.) service line.
(20) Home Occupation - Any activity conducted for financial gain or
profit in a dwelling unit, and which activity is not generally or
4
customarily characteristic of activities for which dwelling units are
intended or designed; such activity is clearly incidental or secon-
dary to residential use of a dwelling unit.
(21) Junkyard or salvage yard. An open area on any lot or parcel of
land which is used for storage, abandonment or keeping of junk,
including scrap metals or scrap materials, or for the abandonment
or dismantling of machinery, motor vehicles, or other vehicles or
parts thereof.
(22) Lodging house. Also called rooming house, is a building or por-
tion thereof, other than a hotel or motel, which provides rooms for
sleeping, and is capable of accommodating more than three (3)
people, for which rents or fees are charged.
(23) Lot. A lot is a parcel of land under one ownership on which a
principal building and its accessories are or may be placed, to-
gether with the required open spaces, having its frontage upon
one or more streets or public place.
(24) Lot area. The area of a horizontal plane, bounded by the front,
side and rear lot lines.
(25) Lot, corner. Lots conforming to the requirements of the following
specified conditions shall be considered as corner lots under the
provisions of this chapter:
(a) A lot fronting on two (2) intersecting streets which form an
interior angle of one hundred and thirty-five degrees (135')
or less and which lot has a frontage of not less than twenty-
five (25) feet on each of such streets.
(b) A lot located at the angle in a street where the interior angle
formed by the intersection of the street lines is one hundred
thirty-five degrees (1351) or less and which lot has a fron-
tage of not less than twenty-five (25) feet on each leg of
such angle.
(26) Lot depth. The distance from the front line to the rear lot line.
In the case of a lot of irregular shape, the mean depth shall be
the lot depth.
(27) Lot, interior. An interior lot is any other lot than a corner lot.
(28) Lot width. The distance between the side lot lines. In the case
of a lot of irregular shape, the mean width shall be the lot width.
(29) Lot line, front. In the case of an interior lot, abutting on only
one street, the front lot line is the street line of such street. In
the case of any other lot, it may be such street line as is elected
by the owner to be the front line for the purpose of this chapter.
(30) Lot line, rear. That boundary line which is opposite and most
distant from the front line.
(31) Lot line, side. Any boundary line, not a front lot line, or a rear
lot line.
(32) Lot of record. A lot which is a part of a subdivision, the plat of
which has been recorded in the office of the County the
of
Story County, Iowa.
(33) Lot, through. A lot running through the block from street to
street.
(34) Mobile home. A vehicle so designed and constructed as to permit
being used as a conveyance upon the public streets or highways
and so constructed upon a permanent wheeled vehicle chassis as to
permit occupancy thereof for human habitation, dwelling or sleep-
ing places for one or more persons and which is capable of being
moved by its own power, or being towed or transported by another
vehicle, and regardless of whether such vehicle is dismounted from
its wheels or placed upon a permanent foundation. Provided, how-
ever that this definition does not include or apply to prefabricated
or module units not designed and constructed as a vehicle on a
permanent wheeled vehicle chassis, but transported over highways
on reusable wheeled vehicle chassis, only for location at a perma-
nent construction site.
(35) Principal building. A principal building is a nonaccessory building
in which the principal use of the lot on which it is located is
conducted.
(36) Public place. An open or unoccupied public space more than
twenty (20) feet in width which is permanently reserved for the
purpose of primary access to abutting property.
(37) Setback. The required distance between a lot line and the closest
wall of a structure on the lot.
(38) Story. A story is that part of a building comprised between any
floor and the floor or attic next above; the first story of a build-
ing is the lowest story having at least one-half (k) of its height of
one or more walls above the highest level of adjoining ground.
(39) Street, front. The street or public place upon which a lot abuts.
If a plat abuts upon more than one street or public place, it shall
mean the street designated as the front street in the owner's
application for a building permit.
(40) Street, public. A public thoroughfare more than twenty-four (24)
feet in width.
S
(41) Structure. Anything constructed or erected, the use of which
requires location on the ground or attached to something having
location on the ground.
(42) Supervised Group Home. A residential facility, occupied by per-
sons under the supervision of one or more persons who are un-
related to the persons being supervised by blood, marriage, or
adoption, wherein the individuals supervised have mental, social,
or substance abuse problems which hinder their functioning in
society and require the protection and supervision of a group
envirionment to facilitate their becoming functional members of
society. Hospitals, correctional placement residences, nursing,
convalescent and retirement homes are not included within this
definition of 'supervised group homes'. It shall be located no
closer than 500 feet from another supervised group home, and
shall be licensed by state authorities.
(43) Yard, front. The space, unobstructed to the sky, open for the
whole width of the lot extending from the nearest part of any
building on the lot to the front lot line excluding cornices, eaves,
gutters or chimneys projecting not more than thirty (30) inches,
steps, bay windows, or similar features not extending through
more than one story and which do not aggregate more than one-
third of the width of the frontage of the building, and vestibules
not more than one story in height and extending more than three
(3) feet beyond the front wall of the principal building, one story
open porches extending eight (8) or less feet into the front yard.
(44) Yard, rear. The required open space, unobstructed to the sky,
extending along the rear lot line (not a street line) throughout the
whole width of the lot to the rear of the principal building, ex-
cluding cornices, eaves, gutters, bay windows and chimneys
projecting not more than thirty (30) inches, uncovered steps, open
porches, not more than one story in height, and extending not
more than eight (8) feet into the rear yard, and accessory build-
ings.
(45) Yard, side. The required open space, unobstructed to the sky,
extending along the side lot line from the front yard to the rear
yard, measured from the nearest point on the building to the side
yard line, excluding cornices, eaves, gutters, chimneys, bay
windows, and open porches not exceeding three (3) feet in width,
or similar features extending not more than one story in height
which project into the side yard but are three (3) feet or less
from the adjacent lot line.
(46) Zoning permits. The permits issued by the enforcing officer
authorizing the use of the land for the purpose specified in the
document.
(Code 1956, Sec. 42-2; Ord. No. 2109, Sec. 1, 12-21-65; Ord. No.
2175, Sec. 1, 2-21-67; Ord. No. 2264, Sec. 1 & 2, 7-29-68; Ord. No.
4 n
2576, Sec. 2, 12-21-76; Ord. No. 2682, Sec. 1, 9-26-78; Ord. No.
2707, Sec. 1, 1-16-79; Ord. No. 2861, Sec. 1, 10-25-83; Ord. 2751,
Sec. 2, 7-1-80)"
Section 2. The Municipal Code of the City of Ames, Iowa shall be and
is hereby amended by repealing Section 29.10 thereof and enacting a new
Section 29.10 as follows:
"Sec. 29.10. HOME OCCUPATIONS.
Statement of Intent: This section is intended to protect
residential areas from potential adverse impacts of activities de-
fined as home occupations; to 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; to
restrict incompatible uses; to establish criteria and develop stan-
dards for the use of residential structures or dwelling units for
home occupations; it is not the intent to eliminate certain busi-
nesses and occupations which may be compatible with residential
areas.
(1) Permitted, Conditional and Prohibited Home Occupations
(a) The following shall be considered permitted home
occupations:
(i) Horne sewing or tailoring;
(ii) Studios for painting, sculpturing, ceramics or
other similar arts;
(iii) Writing or editing;
(iv) Telephone answering;
(v) Production of crafts such as handiwork,
model-making, weaving, lapidary, and cabinet-
making for the purpose of selling the product;
(vi) Tutoring and giving lessons, limited to four
students;
(vii) Catering, home-cooking and preserving for the
purpose of selling the product;
(viii)Computer programming;
(b) The following shall be considered conditional home
occupations:
(i) Day-care homes (six or fewer children or
adults);
(ii) Physicians and other licensed medical practi-
tioners;
(iii) Barbershops and beauty parlors;
(iv) Small repair shops (including small appliances,
mower repair, blade sharpening and similar
uses);
(v) Realtors;
(vi) Insurance agents;
(vii) Bed-and-breakfast operations (See Section
29.10.4)
(viii) Home professional offices for engineers, archi-
tects lawyers and members of similar profes-
sions excluding physicians and other licensed
medical professionals.
(ix) All other activities not included on either the
permitted or prohibited list.
(c) The following shall be considered prohibited home
occupations:
(i) Animal hospitals;
(ii) Dancing studios or exercise studios;
(iii) Private clubs;
(iv) Restaurants;
(v) Stables and kennels;
(vi) Automobile repair or paint shops;
(d) Rummage/garage sales are not included in the
listing of permitted, conditional or prohibited home
occupations and are not defined as home occupations
provided no more than three sales per year are
conducted. In addition, sale of garden produce is
not defined as a home occupation provided no more
than three sales per year are conducted.
9
(2) Permit and Review Procedures
(a) 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 notification if the applicant is ag-
grieved.
(b) Conditional Home Occupations - Applicants must
submit a Special Permit application to the City Clerk
for consideration by the Zoning Board of Adjust-
ment. 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 occupa-
tion proposed will meet the standards set out in
Section 29.10(3). 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 Permit when
required, or to comply with the standards and
conditions aforesaid, when issued, shall constitute a
violation of this section and shall furthermore be
grounds for revocation of the said Permit after
notice and hearing by the Zoning Board of Adjust-
ment.
(c) Prohibited Home Occupations - Will not be allowed
permission to operate.
(3) Criteria. All home occupations must meet the following
criteria.
(a) Area to be Used.
(i) The activity shall be conducted in a manner
that will not alter the normal residential char-
acter of the premises and in no way cause a
nuisance to adjoining residents. Nor shall
there be any structural alteration to accom-
modate the occupation. There should be no
emission of smoke, dust, odor, fumes, glare,
noises, vibration, electrical or electronic
disturbances detectable at the lot line that
10
would exceed that normally produced by a
single residence. Special noise exceptions will
be allowed for day-care homes due to the
nature of the clients using the facility.
(ii) The activity shall be located within the prin-
cipal building or within an accessory struc-
ture. 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.
(b) Signs. 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 occu-
pant and the type of occupation. Color shall be
consistent with the residential character.
(c) Equipment. There shall be no mechanical equipment
used except as is customary for domestic household
purposes. Any merchandise or stock in trade sold,
repaired or displayed shall be stored entirely within
the residential structure or in any accessory build-
ing. No storage is to be visible from lot lines.
(d) Employment. The activity shall employ only mem-
bers 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.
(e) Traffic. The activity should not generate signifi-
cantly greater traffic volumes than would normally
be expected in a residential area. Not more than
ten (10) visits per 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 delivery of utilities or other
services in the area.
(f) Parking Criteria.
(i) Only one delivery vehicle associated with the
activity may be parked on the street near the
premises for not more than four consecutive
hours.
11
(h) One additional on-site parking space is re-
quired above the normal parking requirement
where two or more clients are likely to con-
currently visit the premises.
(iii) No more than four client vehicles during a
period of 60 consecutive minutes shall be
allowed on the site.
(iv) Occasional exceptions may be permitted for
such events as meetings, conferences, demon-
strations, or similar events.
(g) Clients. There shall be no more than four clients
or customers allowed on the premises at one time.
This requirement shall not be construed to prohibit
occasional exceptions, which are in no way a nui-
sance to adjoining residences.
(h) Class Size. If the home occupation is the type in
which classes are held or instructions given, there
shall be no more than four students or pupils at
any given time. The Board may approve up to six
students if it finds that the additional students will
not generate 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.
(i) Number of Home Occupations. The total number of
home occupations within a dwelling unit is not
limited except that the cumulative impact of all home
occupations conducted within the dwelling unit shall
not be greater than the impact of one home occupa-
tion. This will be determined by using the home
occupation criteria. For example, the combined
uses will not occupy more than 25 0 of the floor area
of the primary 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.
(4) Bed and Breakfast Establishments
Special Permit Criteria. To obtain a Special Permit for a
Bed-and Breakfast Establishment, all criteria set for
home occupations must be met in addition to the follow-
ing:
' 1�2
(a) Maximum number of guest rooms - five (5) per
structure in the medium and high density residen-
tial zoning districts (R-3 and R-4) and a maximum
of two (2) guest rooms per structure in all low
density residential zoning districts (S-R, R1-10,
R1-6, R-2, R2-7). The Zoning Board of Adjust-
ment may restrict the number of guest rooms to a
lesser number.
(b) 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;
(c) Off-street parking ratio shall be one space per
guest room and a minimum of one space for the
owner. The parking spaces shall meet the stan-
dards established by the City;
(d) Guests shall register upon arrival, stating their
names, current residence 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;
(e) Guest stays shall be limited to two weeks;
(f) The Special Permit is not transferable to a subse-
quent owner or to another property;
(g) The Establishment must comply with local and state
regulations regarding all applicable permits and
licenses including, but not limited to fire, health,
food service, hotel, liquor, revenue, building and
zoning permits and licenses. "
Section Three. All ordinances or parts of ordinances in conflict here-
with are hereby repealed to the extent of such conflict.
Section Four. This ordinance shall be in full force and effect from and
after its passage and publication as required by law.
Passed this 3n day of _ September
1986.
1
ancy Gibbon ity erk
F. Paul Goodland, Mayor