HomeMy WebLinkAboutA001 - Commission Action Form dated November 16, 2022 ITEM #: 8
DATE: 11/16/22
COMMISSION ACTION FORM
SUBJECT: TEXT AMENDMENT TO THE STANDARDS FOR HOME OCCUPATIONS
BACKGROUND:
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On June 14 , 2022, Governor Reynolds signed into law House File 2431, which pertains
"to the regulation of home-based businesses". The Ames Zoning Ordinance refers to
i home-based businesses as home occupations (they are otherwise the same). The new
regulations preempt certain local laws and limit how a city can regulate home-based
businesses, principally regarding "no-impact" businesses. In order to continue to apply
standards to home occupations, the City must modify its zoning standards to comply with
state law.
Home occupations are considered a secondary or accessory function to the primary use
of a dwelling unit as a residence. An occupant of the residence must be employed at the
business. Home occupations currently are allowed in all residential zoning districts
subject to permitting requirements and performance standards of Article 13 of the Zoning
Ordinance. Generally, a large range of uses is permissible with review by the Zoning
I Board of Adjustment.
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The current Ames code (Attachment A) contains lists of specific uses, such as catering,
day care, engineering office, beauty parlors that define the permitting process. The Code
categorizes allowable uses into those that are Permitted, which are reviewed through an
administrative process ($25 fee), and those that are Special, which are reviewed through
a public process by the Zoning Board of Adjustment ($75 fee). The code also contains a
prohibited uses section, such as auto repair, firearm sales, kennels, restaurants, dance
studios. The City does apply certain standards to home occupations regarding limitations
of up to 10 vehicle trips a day, class sizes, storage, equipment usage, etc.
i The new state law (Attachment B) does not allow cities to regulate home-based
businesses by use (with some exceptions) but does allow them to regulate by
intensity of use and potential impacts to a neighborhood, including parking on the
street and any noise, odor, or pollution emanating from the property in question.
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The statute, in part, reads:
A city shall not prohibit a no-impact home-based business or otherwise require a
person to apply, register, or obtain any permit, license, variance, or other type of
prior approval from the city to operate a no-impact home-based business.
The state law defines a "no-impact home-based business" as one that, essentially, is
operated within a building or in a yard out of view from surroundings and does not create
any negative impacts on the surrounding neighborhood or surrounding properties. If a
business is classified as no-impact home-based business, the City of Ames may
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not require any permit or other review. it is allowed by right. If the City receives
complaints about the no-impact home-based business, staff can investigate to see
if the use is complying with the state criteria pertaining to impacts and intensity of
use. The City cannof require a permit for such a use before it begins to operate.
The new law appears to significantly change the regulation of home occupations.
However, its intent is similar to our current Permitted and Specially Permitted approach
for home occupations. After consultation with the City Attorney and the Inspections
Division, staff believes that adjustments to our approach can made to continue to
apply regulations to home occupations. New standards would have to address the
state law requirements and provide performance thresholds to assess impacts to
a neighborhood. The City can be more permissive than the state law, but not more
restrictive.
At the October 11 meeting, City Council reviewed options to modify our standards and
directed staff to allow home occupations by right without subject to criteria. If a home
occupation is not in compliance with the adopted criteria, the business must: 1) modify
operations to come into compliance or 2) cease operations. There would no longer be a
two-class system with review by the Zoning Board of Adjustment.
Proposed Ordinance
The current regulations governing home occupations need to be rewritten to comply with
state law. The City may no longer regulate home occupations principally by use, but may
still control factors, such as odors, traffic, noises, that may result from such a use.
Planning staff, in coordination with the Legal Department and the Building Official, has
substantial) reworked the home occupation regulations Attachment C . The list of uses
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allowed with administrative review and the list of uses allowed with the Zoning Board of
Adjustment review are gone. A list of prohibited uses remains; these uses, by their nature,
cannot comply with the home occupation general criteria of being compatible with the
residential character of the area.
Staff has altered the criteria to comply with the new state regulations. Notable changes
include:
1. Increasing the amount of the dwelling unit floor area that can be occupied by the
business to not exceed 50%. (This change is to conform to state law in general.)
2. Allowing business activity in the yard when screened by a 6-foot-high fence. (This
change is based on allowances described in state law i general.)u a n
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3. Clarifying the parking criteria, whereas previously the ZBA had some discretion on
how to apply parking requirements.
4. Establishing hours of operations from 6:30 a.m. to 7:00 p.m. if there are off stie
employees.
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5. Setting a new maximum occupancy for employees and clients. (This change is to
conform to state law in general.)
6. Expanding the list of prohibited uses. (This change is due to a single review
process and is allowed by state law in general.)
7. Moving the Day Care regulations out of home occupations and into their own,
separate section within Article 13 of the Zoning Ordinance due to their unique
operationally aspects that would likely not meet home occupation standards.
Staff has also proposed to modify certain definitions as needed. This includes an update
to the Garage Sale definition to clearly define that a sale is for three days or less and only
three are allowed in a year.
ALTERNATIVES:
1. Recommend that City Council amend the home occupation regulations as
presented in Attachment C.
2, Recommend that City Council amend the home occupation regulations using
standards other than those presented in Attachment C.
3. Recommend that City Council take no action to amend the home occupation
regulations.
PLANNING AND HOUSING DEPARTMENT RECOMMENDATION:
The current City regulations regarding home occupations are unenforceable and must be
changed to comply with the new state requirements. The code has been rewritten so that
it regulates impacts and externalities. The former application and review process has
been eliminated. Uses will be allowed by right with no appeal process. Any home
occupation that is not in compliance with the adopted criteria must alter how it operates
or cease to operate. Citations for noncompliance will be Municipal Code Infractions and
subject to fines.
Staff has written the new regulations with an eye towards ease of enforceability and clarity
of use. Vague language has been replaced with clear numbers. Where possible, existing
standards were retained for ease of administration. The new code modifies the standards
to comply with state law while still allowing the City to control for any negative impacts of
home occupations.
Staff therefore recommends Alternative 1.
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i Attachment A
Current Zoning Code Requirements for Home Occupations
See.29.1304.HOME OCCUPATIONS.
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This Section is intended to protect residential areas from potential adverse impacts of activities
defined 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 standards for the use of residential
structures or dwelling units for home occupations.It is not the intent to eliminate certain businesses
and occupations that may be compatible with residential areas.
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(1) Permitted, Special and Prohibited Home Occupations.
(a) The following are Permitted Home Occupations:
(i) IIome sewing or tailoring;
I (ii) Studios for painting, sculpturing, ceramics or other similar arts;
(iii) Writing or editing;
(iv) Telephone answering, scheduling of appointments, and other office activities
where there are limited visits to the home;
(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 4 students at any one time;
(vii) Catering, home-cooking and preserving for the purpose of selling the product;
(viii)Computer programming, services provided over the Internet and other similar
activities;
(ix) Mail order businesses where products are shipped directly from the supplier to the
customer; and
(x) Offices for architects and engineers.
(xi) IIome child care providers designated by the state department of human services
as either Non-Registered IIome, Child Development Home "A", or Child
Development Home"C"(1 Provider).
(b) The following are Special IIome Occupations:
{i) IIome child care providers designated by the state department of human services
as either Child Development Home "B", or Child Development Home "C" (2
Providers). Child care providers designated by the state department of human
services as a "Licensed Center' are not eligible for approval as a Home
Occupation.
(ii) Home adult day care for the care of no more than six adults (not permanent
residents).
(iii) Physicians and other licensed medical practitioners;
(iv) Barbershops and beauty parlors;
(v) Small repair shops (including small appliances, mower repair, blade sharpening
and similar uses);
(vi) Real estate and related services;
(vii) Insurance agents;
(viii)Home professional offices,lawyers and members of similar professions,and
(ix) All other activities not included on either the permitted or prohibited list.
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(c) The following are prohibited Home Occupations;
(i) Animal hospitals;
(ii) Dancing studios or exercise studios;
(iii) Private clubs;
(iv) Restaurants;
(v) Stables and kennels;
(vi) Repair or painting of motor vehicles, including motorcycles; and
(vii) Firearm sales
(d) Rummage/garage sales are not included in the listing of permitted, special or prohibited
home occupations and are not defined as home occupations, provided no more than 3
sales per year are conducted.In addition,sale of garden produce is not defined as a home
occupation provided no more than 3 sales per year are conducted.
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(2) Permit and Review Procedures.
(a) Permitted Horne Occupations. Applicants must submit an application to the Planning
and Housing Department. The application will be reviewed by the staff, and the
applicant will be notified of the decision of the Department.If the applicant is aggrieved,
I the decision may be appealed to the Zoning Board of Adjustment within 30 days.
(b) Special Home Occupations.Applicants must submit a Special Home Occupation Permit
to the City Clerk for consideration by the Zoning Board of Adjustment. 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 the Special Home Occupation Permit if it reasonably concludes
jfrom the evidence that the home occupation proposed will meet the criteria set out in
Section 29.1304(3). The Board may, if warranted by the evidence, impose such
additional conditions as may be deemed necessary to protect the legitimate use and
enjoyment of neighboring properties. Any failure to obtain such Special Home
Occupation Permit when required, or to comply with the criteria and conditions set out
when issued, shall constitute a violation of tlus Section and shall be grounds for
revocation of the Special Home Occupation Permit after notice and hearing by the
Zoning Board of Adjustment.
(c) Prohibited Home Occupations. No person will be allowed to operate prohibited home
occupations.
' (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
character of the premises, or in any way cause a nuisance to adjoining residents,
nor shall there be any structural alteration to accommodate 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 would exceed that
normally produced by a single residence. Special noise exceptions will be allowed
for day care horxres due to the nature of the clients using the facility.
(ii) 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. Exception: For
family day care homes, the entire dwelling unit may be used to serve the various
needs of day care (e.g., kitchen, bathroom, napping rooms, play areas, etc.).
However, the day care can provide care to no more than one person per 35 square
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feet of the total dwelling unit, exclusive of baths, hallways, closets, kitchens, and
dining areas. The dining area may be included in the square footage calculation if
used by day care participants for activities other than meals.
(b) Signs. Airy 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 nonreflecting materials shall be used.The legend shall
show only the name of the occupant and the type of occupation.Color shall be consistent
with the residential character.
(c) Equipment. There shall be no mechanical equipment used except as 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
j building. No storage is to be visible from lot lines.
i (d) Employment. The activity shall employ only members of the household residing in the
dwelling unless approval for the employment of up to two (2) non-family members is
granted by the Zoning Board of Adjustment.
(e) Traffic. The activity shall not generate significantly greater traffic volumes than would
normally be expected in a residential area. Not more than 10 vehicular visits per day
shall be allowed.An exception to the number of visits allowed per day may be permitted
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for family day care homes and adult day care due to the number of children or adults
allowed on-site and the need for parent or caregiver contact during the day.The delivery
and pick up of materials or comrmodities to the premises by commercial vehicles shall
not interfere with the delivery of other services to 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 4 consecutive hours.
I (ii) One additional on-site parking space is required above the normal parking
requirement where 2 or more clients are likely to visit the premises concurrently.
(iii) No more than 4 client vehicles during any given hour shall be allowed on the site.
jThis requirement shall not be construed to prohibit occasional exceptions for such
events as meetings, conferences, demonstrations, or similar events that are in no
way a nuisance to adjoining residences.
(g) Class Size. If the home occupation is the type in which classes are held or instructions
given, there shall be no more than 4 students or pupils at any given time. The Board
may approve up to 6 students if it finds that the additional students will not generate
' additional traffic. Day-care homes may have up to 6 children or adults at a time.
Additional children or adults will require a Special Home Occupation Permit for a day-
care center.
(h) 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 occupation.
This will be determined.by using the home occupation criteria.
(4) Fancily Day Care in Multifamily Dwellings. In addition to the criteria of Section 29.1304(3),
Family Day Care in multifamily dwellings shall comply with the following additional criteria.
(a) A defined outdoor play area is available on-site that provides not less than 75 square
feet per child based on the maximum number of children that will be attending the day
care at any given time, or a public or neighborhood park is located within 300 feet of
the site. This provision only applies to day care provided to children five years of age
and older.
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(b) An area designated and posted for guest parking is provided on the site; or at least one
parking space must be posted and reserved for use of the day care operation only.
Parking spaces otherwise required to meet minimum parking requirements for the
residents may not count toward the required guest or reserved parking spaces.
(c) The day care operator must provide evidence that the owner of the multifamily building
has no objections to the day care operation, and that he or she agrees to comply with the
required guest or reserved parking provisions.
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Attachment B
Newly Adopted State Code Regulating Home-Based Businesses
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Iowa Code Sec. 41.4.33
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1. For the purposes of this section:
i a. "Goods"means any merchandise, equipment,products, supplies, or materials.
i b. "Home-based business" means any business for the manufacture, provision, or sale of
goods or services that is owned and operated by the owner or tenant of the residential
property on which the business operates.
C. "No-impact home-based business" means a home-based business for which all of the
following apply:
(1) The total number of on-site employees and clients does not exceed the city
occupancy limit for the residential property.
(2) The business activities are characterized by all of the following:
(a) The activities are limited to the sale of lawful goods and services.
(b) The activities do not generate on-street parking or a substantial increase in
traffic through the residential area.
(c) The activities occur inside the residential dwelling or in the+ yard of the
residential property.
(d) The activities are not visible from an adjacent property or street.
2. The use of a residential property for a home-based business is a permitted use. However,this
subsection does not supersede any of the following:
a. A deed restriction, covenant, or agreement restricting the use of land.
b. A master deed, bylaw, or other document applicable to a common interest ownership
community,
3. A city shall not prohibit a no-impact home-based business or otherwise require a person to
apply, register, or obtain any permit, license, variance, or other type of prior approval from
the city to operate a no-impact home-based business.
4. A city may establish reasonable regulations on a home-based business if the regulations are
narrowly tailored for any of the following purposes:
a. The protection of the public health and safety,including rules and regulations related to
fire or building codes, health and sanitation, transportation or traffic control, solid or
hazardous waste,pollution, or noise control.
b. Ensuring that the business is all of the following:
(1) Compatible with residential use of the property and surrounding residential use.
(2) Secondary to the use of the property as a residence.
(3) Complying with state and federal laws and paying applicable taxes.
C. Limiting or prohibiting the operation of a home-based business for the purposes of
selling alcoholic beverages or illegal drugs, operating or maintaining a structured sober
living home, creating or selling pornography, providing nude or topless dancing, or
operating any other adult-oriented business.
5. A city shall not require as a condition of operating a home-based.business that the property
be rezoned for commercial use or that the business owner install or equip fire spruiklers in a
single-family detached residential dwelling or any residential dwelling with not more than
two dwelling units.
6. In any proceeding alleging that a city regulation does not comply with this section, the city
that enacted the regulation must establish by clear and convincing evidence that the regulation
complies with this section.
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Attachment C
Proposed Standards Regulating Home Occupations and Day Cares
Sec. 29.1304. HOME OCCUPATIONS.
(1) Purpose. This Section is intended to protect residential areas from potential adverse impacts
of activities defined 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 any negative impacts on surrounding properties; and to
establish criteria and develop standards for the use of residential structures or dwelling units
for Home Occupations.
(2) Definitions.
(a) Home Occupation means an occupation, profession, activity, or use conducted for
financial gain or profits in a dwelling unit or on a residential property that is clearly
secondary to the residential use of the dwelling unit or property, does not alter the
exterior of the dwelling unit, or affect the residential character of the property or the
neighborhood. (See Sec. 29.201)
(b) Rummage/Garage Sale is a sale of household goods and belongings held either
outdoors or in a garage. Rummage/garage sales are not defined as Home Occupations,
provided no more than three sales per year are conducted. A rummage/garage sale shall
not occur over more than three consecutive days.
(3) Regulation.
(a) IIome Occupations are allowed by right, subject to conformance with all codes and
standards of the Ames Municipal Code.No permit or license is required.
(b) A Home Occupation shall be operated and maintained in conformance with the criteria
set forth in this section.
(4) Criteria.
(a) All Home Occupations must comply with City,County,and State regulations for public
health and safety, including rules and regulations related to fire and building codes,
health and sanitation, transportation or traffic control, solid or hazardous waste,
pollution., or noise control.
(b) All Hoene Occupations must comply with the following requirements:
(i) Impact and Nuisance.
(1) The IIome Occupation operation shall not alter the structure so that it is no
longer a dwelling unit.
(2) The activity shall be conducted in a manner that will not alter the normal
residential character of the premises.
(3) The use shall be compatible with the residential use of the property and with
the surrounding residential uses.
(4) There should be no emission of smoke, dust, odor, fumes, glare, noises,
vibration,or electrical or electronic disturbances detectable at the lot line that
would exceed that normally produced by the residential use of a dwelling
unit.
(5) Hours of operation for employees, clients, and deliveries are to be between
the hours of 6:30 a.m. and 7:00 p.m.
(ii) Area Limitations:
(1) Buildings.
(a) The Home Occupation must occupy less than 50% of the gross floor
area(see Sec. 29.201 for a definition) of the dwelling unit.
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(b) Other structures on the property may be used for the Home Occupation,
but less than 50%of the sum of the gross floor area of all buildings may
be occupied by the business.
(c) The Home Occupation must occupy less than 50% of the gross floor
area of the dwelling unit but may occupy 50%or more of the gross floor
area of an accessory structure.
(d) The gross floor area calculation shall not include attics or detached
buildings intended for animal use (chicken coops, dog houses,etc.).
(e) All requirements for detached garages, accessory structures, and the
zoning district apply.
(2) Yard.
(a) Home Occupation activity must take place behind a solid,opaque fence
that is a minimuin of 6 feet high.
(b) The Home Occupation must occupy less than 25% of the fenced yard
area, in addition to the space used in(1)(a).
(e) Use of a front yard or a street side yard for Home Occupation purposes
is prohibited.
(iii) Signage.
(1) 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.
(2) Such sign shall not be lighted and nonreflecting materials shall be used.
(3) The legend shall show only the naive of the occupant and the type of
occupation.
(iv) Traffic.
(1) Not more than 10 vehicular trips related to the business per day shall be
allowed. A trip to and from the Rome Occupation location shall count as one
trip.
(2) The maximum number of trips shall include those taken by employees,
clients, and deliveries.
(3) The delivery and pick up of materials or commodities to the premises by
commercial vehicles shall not interfere with the delivery of other services to
the area.
(v) Parking Criteria.
(1) A property with a Home Occupation shall meet all the standards for parking
and driveways in Sec. 29.406, including two parking spaces, paving, and
location requirements.
(2) The minimum on-site parking may not be reduced beyond what is required
in Table 29.406(2). If the property has fewer parking spaces than required,
no parking may be removed.
(3) Trailers,inoperable vehicles, and other Home Occupation-related equipment
shall not be stored on the driveway. One operable company vehicle is allowed
to park.in the driveway overnight and on weekends.
(4) Only one delivery vehicle associated with the activity may be parked on the
street near the premises for not more than 4 consecutive hours.
(5) One additional on-site parking space is required above the normal parking
requirement where 2 or more clients are likely to visit the premises
concurrently.
(6) No more than 4 vehicles during any given hour shall be allowed on the site.
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(vi) Maximum Occupancy of the Dwelling Unit for Employees and Clients.
(1) There is no limitation on primary residents as employees.
(2) Off-site employees are limited to a maximum of:
(a) one for a dwelling unit with up to three bedrooms and
(b) two for dwelling units with four or more bedrooms.
(3) Employees arriving at the site for work either on-site or off-site are included
} as off-site employees.
(4) The maximum number of clients at any one time shall not exceed five.
(5) An exception to the maximum occupancy limitation is permitted for
exhibitions of goods or sales of goods that occur for three days or fewer when
the occurrence is less than three times a year.
(5) Prohibited Uses. The following uses are prohibited for Home Occupations. Any Home
Occupation that does not comply with the above criteria is prohibited.
(a) Alcohol sales
(b) Adult-oriented businesses, including:
(i) Creating or selling pornography
(ii) Providing nude or topless dancing
(c) Animal boarding houses, stables, and veterinary hospitals
(d) Dancing studios or exercise studios
(e) Private clubs
(f) Restaurants and bars
(g) Repair or painting of motor vehicles(including motorcycles and boats)or of any trailer,
camper, etc.,pulled by a motor vehicle
(h) F irearinl training or instruction
(i) Shooting ranges
(j) Welding or machine shop
(k) Dispatch service with cars on-site
(1) Dry cleaners
(m) Funeral homes or mortuaries
(n) Medical and dental offices
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(o) Equipment rental
(p) Outdoor storage or salvage businesses
(q) Towing
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Sec. 29.1304A. CHILD CARE FACILITIES, HOME-BASED.
(1) Regulation. A Day Care operated within a dwelling unit that includes a primary resident of
the home as an employee is allowed without a permit when it is licensed by the State of Iowa
as a Type"A" (e.g. up to six kids) or Type"C" 1 adult (e.g. up to eight kids).
(2) A Day Care licensed by the State as a Type `B" or a Type "C" 2 adults or any other type of
Day Care requires a Special Use Permit per Section 29.1503. Findings of Section 29.1503
(4)(a) are the applicable criteria.
(3) Day Care Centers are not a home-based Child Care Facility.
(4) Dedicated Area. For family day care homes,the entire dwelling unit may be used to serve the
various needs of day care(e.g.,kitchen,bathroom,napping rooms,play areas,etc.).However,
I the day care can provide care to no more than one person per 35 square feet of the total
dwelling unit, exclusive of baths, hallways, closets, kitchens, and dining areas. The dining
area may be included in the square footage calculation if used by day care participants for
i activities other than meals.
(5) Parking and Traffic. Permitted Day Care must maintain on site parking to minimum
I requirements of the Zoning Ordinance. Day Care requiring a Special Use Permit shall
consider the proposed parking with drop off and pick up with the review of the request to
determine if traffic levels and parking are compatible with the area. The Board may apply
conditions to any Special Use Permits for parking and traffic control as allowed by 29.1503.
(6) Family Day Care in Multifamily Dwellings. Child Care Facilities in multifamily dwellings
shall comply with the following additional criteria.
(a) A defined outdoor play area is available on-site that provides not less than 75 square
feet per child based on the maximum number of children that will be attending the day
care at any given time, or a public or neighborhood park is located within 300 feet of
the site. This provision only applies to day care provided to children five years of age
and older.
(b) An area designated and posted for guest parking is provided on the site; or at least one
parking space must be posted and reserved for use of the day care operation only.
Parking spaces otherwise required to meet minimum parking requirements for the
residents may not count toward the required guest or reserved parking spaces.
(c) The day care operator must provide evidence that the owner of the multifamily building
has no objections to the day care operation, and that he or she agrees to comply with the
required guest or reserved parking provisions,
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