HomeMy WebLinkAboutA001 - Council Action Form dated June 24, 1997 ITEM #: -55
DATE: 06/24/97
COUNCIL ACTION FORM
SUBJECT: MOTION TO APPROVE AN AMENDMENT TO THE ZONING
ORDINANCE TO CHANGE ONE OF THE PROHIBITED HOME OCCUPATIONS
FROM AUTOMOBILE REPAIR TO MOTOR VEHICLE REPAIR
ACTION FORM SUMMARY: This is a request to amend the Zoning Ordinance to
change a prohibited home occupation from automobile repair or paint shops to motor
vehicle repair or paint shops.
Approval of this request is recommended.
BACKGROUND:
The City Council has requested that staff prepare an amendment to the Zoning
Ordinance to broaden the prohibited home occupation, automobile repair or paint shops
found in Section 29.10 Home Occupations of the Zoning Ordinance to include
motorcycle repair. A citizen had written to the City Council requesting that the Council
consider changing the prohibited home occupation of automobile repair to include
motorcycle repair since this type of activity has the potential to cause as much or more
concern to surrounding residents.
ANALYSIS:
The Planning staff has considered that motorcycle repair or paint shops are akin to
automobile repair, and would be similarly prohibited, however, that interpretation has
never been challenged in litigation since no citizen has ever sought to have motorcycle
repair as a home occupation. Given the ordinary dictionary definitions of each vehicle,
it is questionable that a motorcycle would be classified as an automobile, and thus it is
arguable that motorcycle repair is a prohibited home occupation.
That is not to imply that motorcycle repair would be unconditionally allowed as a home
occupation, since it still would have to meet the criteria for a conditional home
occupation, and it is doubtful that all the criteria could be met. Specifically Section
29.10(3)(a)(I) states "The activity shall not be conducted in a manner that will 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,
vibration, electrical or electronic disturbances detectable at the lot line that would
exceed that normally produced by a single residence. Motorcycle repair, as well as
any other type of vehicular repair would require that significant changes be made to a
residential garage to accommodate that use in order to be in compliance with the
building and fire codes of the City. These changes could include location of the garage
a specified distance from the lot line, the addition of fire walls, installation of a floor
drain and an oil separator, and the installation of a ventilation system. Noise is also a
significant factor in many types of vehicular repair, including motorcycle repair, which
would be detectable at the lot line and a disturbance to adjoining residents. There
could also be fumes, odor, and vibration as a result of many types of vehicle repair.
The criteria for a home occupation also requires that any stock repaired shall be stored
entirely within the residence or an accessory building. In the case of vehicular repair
the work and testing of the equipment is often done in the driveway or on the street
adjacent to the residence, which would be contrary to the requirement that the work and
storage take place within a structure on the property, and contrary to the intent for a
home occupation, which is to be compatible with residential uses.
Therefore, staff is recommending that Section 29.10(1)(c) be amended to read as
follows:
(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) [Delete: Automobile] [Add: Motor vehicle] repair or paint shops;
STAFF COMMENTS:
The proposed change in the Home Occupation section of the Zoning Ordinance will
further clarify the activities that are not permitted as a home occupation. Although
complaints about vehicle repair in residential areas of the community have been
generally about automotive repair, there have been instances when it appeared that
some type of motorcycle repair for profit may have been taking place at a residence.
This amendment will make it clear that this type of home occupation is not permitted
and a home occupation permit cannot be sought.
RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
The Planning and Zoning Commission reviewed this request at their meeting of June 4,
1997 and recommended that this amendment to the Zoning Ordinance be approved.
ALTERNATIVES:
1 . The City Council can approve an amendment to Section 29.10(1)(c)(vi) to delete
the word automobile and add the word motor vehicle.
2. The City Council can deny this amendment to Section 29.10(1)(c)(vi) to delete the
word automobile and add the word motor vehicle.
2
3. The City Council can approve this request with modifications.
4. Action on this request can be postponed and referred back to City staff for
additional information.
RECOMMENDED ACTION:
It is recommended that Alternative #1 be adopted. Alternative #1 is an approval of the
change in the prohibited home occupations to broaden automobile repair and paint
shops to include all types of motorized vehicles, since this type of work would be a
disturbance to adjoining residents and is contrary to intent for home occupations.
Attachment
h\bpo\caf\motor.624
3