HomeMy WebLinkAboutA002 - Council Action Form dated January 10, 2023 ITEM#: 25
DATE: 01-10-23
j DEPT: P&H
COUNCIL ACTION FORM
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SUBJECT: TEXT AMENDMENT REGARDING STANDARDS FOR HOME
OCCUPATIONS
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BACKGROUND:
j 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
home-based businesses as home occupations (they are otherwise the same). The new
state regulations pre-empt 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 Board of Adjustment.
' The current Ames code (Attachment A) contains lists of specific uses, such as catering,
day care, engineering offices, beauty parlors, etc. 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,
i such as auto repair, firearm sales, kennels, restaurants, dance studios. The City applies
certain standards to home occupations regarding limitations of up to 10 vehicle trips a
day, class sizes, storage, equipment usage, etc.
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.
In order to comply with this new law, changes to the current City standards are
needed.
At the October 11 meeting, City Council reviewed options to modify the City standards
and directed staff to allow home occupations by right, subject to specific criteria. This
approach is fairly permissive in that it will allow for a wide range of home occupations that
previously required review and approval by the Zoning Board of Adjustment as Special
Home Occupations, The City Council previously determined that a two-classification
system was not needed, and to establish criteria similar to the City's current criteria for all
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uses. No exception process to exceed the Limitations is allowed. 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.
PROPOSED ORDINANCE:
j Planning, Legal, and Inspections staff have worked together to substantially
rework the home occupation regulations (Attachment C) to incorporate state
requirements and modify the City's current standards to fit the goal of having
uniform standards for all types of home occupations as directed by Council. Key
issues addressed with the proposed changes are: 1) intensity of use for a home
occupation within buildings and yards, 2) employee limits, 3) customer limits, 4)
parking requirements, and 5) prohibited uses. Additionally, child day care facilities
are reclassified as a separate use from home occupations, although the standards
remain the same as they are current applied through the home occupation process.
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 rear or side yard when screened by a 6-foot-high
fence. (This change is based upon allowances described in state law in general.)
3. Clarifying the criteria for parking of one vehicle on a driveway, but not storage of
vehicles, equipment, trailers, etc. Parking on the street is only permissible for one
vehicle related to the business. Customer parking on the street is not regulated,
however we continue to have the standard that a second on-site parking space is
required when two customers are likely present concurrently. (Previously the ZBA
had some discretion regarding how to apply parking requirements, these changes
are to create enforceable standards without a permit)
4. Establishing hours of operations from 6:30 a.m. to 7;00 p.m. if there are off-site
employees or customers. (The ZBA could previously set hours of operation)
5. Setting a new maximum occupancy for employees and clients, including a
maximum of five clients at a time. Employees limited to primary residents and up
to two off-site employees coming to the site. (This change is to conform to state
law in general.)
6. Modifying the list of prohibited uses. The list is increased from the current
restrictions due to the lack of discretionary review process. (This change is due to
a single review process and is allowed by state law in general.)
7. Moving the child 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.
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Staff has also proposed to modify certain definitions as needed. This includes an update
to the Garage/Rummage Sale definition to clearly define that a sale is for three days or
less and only three are allowed in a year,
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission met on November 16, 2022, to consider the
proposed text amendment, The Commissioners discussed the differences between the
current and proposed code, the new day care regulations, and how Home Occupations
would be regulated without permits,
The Commission voted 5-0-0 to recommend that the City Council amend the Home
Occupation as presented,
ALTERNATIVES:
1 , Approve on first reading a text amendment regarding home occupation regulations
as presented in Attachment A,
2. Direct staff to prepare modifications to the proposed text amendment and return
for Council consideration at a later date.
3. Do not approve the proposed text amendment.
CITY MANAGER'S RECOMMENDED ACTION:
The current City regulations regarding home occupations are unenforceable and must be
changed to comply with the new state requirements. The Municipal 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. Consistent with City Council's initial direction, where possible, existing standards
were retained for ease of administration and consistency with prior experiences. The
amended code sections modify the standards to comply with state law while still
allowing the City to control for any negative impacts of home occupations through
enforcement actions. Therefore, it is the recommendation of the City Manager that
the City Council approve Alternative #1.
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Attachment A
Current Zoning Code Requirements for Home Occupations
See. 29.1304. HOME OCCUPATIONS.
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.intentto eliminate certain businesses
and occupations that ma.y be compatible with residential areas.
(1) Permitted, Special and Prohibited Home Occupations.
(a) The following are Permitted Home Occupations:
(i) Home sewing or tailoring;
(i i) 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) Home child care providers designated by the state department of human services
as either Non-Registered Homc, Child Development Home "A", or Child
Development Home"C" (1 Provider).
(b) The following are Special Home Occupations:
(i) Home 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 Horne
Occupation,
(i i) 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)H.ome 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;
(i i) 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
1 (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.
(2) Permit and Review Procedures.
(a) Permitted Home 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,
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 Horne Occupation Permit if it reasonably concludes
from 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 this 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 homes due to the nature of the clients using the facility.
(i i) 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
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needs of daycare e. kitchen bathroom napping rooms, play areas, etc.).
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However, the day care can provide care to no more than one person per 35 square
1 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. 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.
j 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 shal I 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
building.No storage is to be visible from lot lines.
(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
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 commodities 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.
(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.
This 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 a4joining residences.
(g) Class Size. 1f 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 G students if it finds that the additional students will not generate
additional traffic. Day-care homes may have up to G 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.
`Phis will be determined by using the home occupation criteria.
(4) Family 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.
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(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 ears of age
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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 lie or she agrees to comply with the
required guest or reserved parking provisions.
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Attachment B
j Newly Adopted State Code Regulating Home-Based Businesses
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i Iowa Code See. 414.33
1, For the purposes of this section:
a. "Goods" means any merchandise, equipment, products, supplies,or materials.
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 cornnion 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
lire 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 sprinklers in a
single-family detached residential dwelling or any residential dwelling with not more than
two dwelling units.
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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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Item No. 25
' ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL
CODE OF THE CITY OF AMES, IOWA, BY
AMENDING SECTION 29.201, BY REPLEALING
AND REPLACING SECTION 29,1304, AND BY
ENACTING A NEW SECTION 29.1304A THEREOF,
FOR THE PURPOSE OF REGULATING HOME
OCCUPATIONS, REPEALING ANY AND ALL
i ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT TO THE EXTENT OF SUCH CONFLICT;
i AND ESTABLISHING AN EFFECTIVE DATE.
i BE IT ENACTED, by the City Council forthe City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same
is hereby amended by amending Section 29.201, by repealing and replacing Section
29,1304, and by enacting a new Section 29.1304A as follows:
' "Sec. 29.201. DEFINITIONS.
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13 Animal Boardin House means a lace or establishment other than an animal shelter
where animals not owned by the 12roprietor are sheltered fed and watered in return
for consideration.
(98) Home Occupation means an occupation, profession, activity, or use conducted for
financial gain or profits in a.dwelling unit or on a.residential propertt+that is clearly
secondary to the residential use of the dwelling unit or ro ert , ee� ��� �' -��.n
neighbafhood,and does not employ more than 2 persens, net ineluding Fesident(s)e
the dwellon
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
con-u-nunity a broad choice in the use of their homes as a place of livelihood in the
production or supplementing ofpersonal/family income, to restrict any negative
impacts on surrounding properties,and to establish criteria and develop stall dards.for
the use of residential structures or dwelling units for Home Occupations.
(2) Definitions.
(a) Clients and Customers are visitors to a I-lome Occupation who are en a in
the services offered by the Home Occupation or who are purchasing items sold
by the Home Occupation.Clients and customers are not residents of the dwellin
where the I lome. Occupation is located and are not employed by the Hon-le
Occupation.
(3) Regulation.
(a) Home Occupations are an allowed use, subject to conformance with all codes
and standards of the Ames Municipal Code. No permit or license is required.
f (b) A Home Occupation shall be operated and maintained in conformance with the
l criteria set forth in this section.
(4) Criteria.
(a) All Home Occupations must comply with City, County, and State regulations
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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.
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(b) Any Home Occupation that does not comply with all of the criteria in this section
is prohibited.
(c) All Home Occupations must COMply with the following requirements:
(i) Operation, Impact, and Nuisance.
a, The Home Occupation operation s11all not alter the structure so that it
is no longer a dwelling unit.
b. The activity shall be conducted in a manner that will not alter the
normal residential character of the premises.
c. The use shall be compatible with the residential use.of the property
and with the surrounding residential uses.
d. There shall be no emission of smoke,dust,odor,fumes, glare, noises,
vibration or electrical or electronic disturbances detectable at the lot
line that would exceed what is normally produced by the residential
use of a dwelling nit.
e. Hours of operation for employees, clients/customers and deliveries
are to be between the hours of 6:30 a.m. and 7:00 ►n.
(ii) Area Limitations:
a. Buildings.
(1) 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,
(2) 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.
(3) The gross floor area calculation shall not include attics or
detached buildings intended for animal use (chicken coops, dog
houses,_etc.).
(4) All zoning district requirements for primary structures detached
garages, and accessory structures apply.
b. Yard,
(1) Home Occupation a-etivity in a yard is prohibited.unless it is:
(i) In a side or rear yard and
(ii) Behind a fence that is:
1, Solid and opaque, and
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2, A minimum of 6 feet hi&
(2) The Home Occupation must occupy less than 25%of the fenced
yard area, in addition to the space used in (a)(.l).
(3) Use of a front yard or a street side ,yard for Home Occupation
purposes is prohibited.
(4) Use of a yard may be restricted by other City Codes and zoning
standards,such as Outdoor Storage.
iii Si na e.
a. Any sin utilized at the Horne Occupation shall be limited to one
flush-mounted sign on the main residential structure, which shall not
exceed one square foot in area,
b. Such sigLi shall not be lighted and nonreflectinp, materials shall be
used.
c. The legend shall show only the name ofthe.occupant and the type of
occupation.
(iv) Traffic,
a. Not more than .1.0 vehicular trips related to the business per day shall
be allowed. A trip to and from the Home Occupation location shall
count as one.trip.
b. The maximum number of trips shall include those taken b
employees,clients/customers,and deliveries.
c. The del ivea and pick up ofmaterials or commodities to the premises
by commercial vehicles shall not interfere with the deliver of other
services to the area.
(v) Parking Criteria.
a. A property with a Home Occupation shall meet all the standards for
parking and drivewa s in Sec. 29.406 including but not limited to
the minimum number of required.parking spaces,paving,and location
requirements.
b. 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,
C. Only one delivery vehicle associated with the activitmay�be parked
on the street near the premises for not more than 4 consecutive hours.
d. One additional on-site parking space is required above the normal
parking requirement where 2 or more clients/customers are likely to
visit the premises concurrently.
e, No more than 4 client or customer vehicles related to the home
Occupation during any given hour shall be allowed on the site.
f. On street parking of equipment, vehicles trucks and trailers related
to or used for the home occupation is prohibited, with the exception
of one vehicle related to the home occupation that may be parked on
the street.
(vi) .Maximum Occupancy_ of the Dwelling Unit for Employees and
clients/customers.
a, There is no limitation on primary residents as employees.
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b, No more than two non-residents of the dwelling may be employed.by
the Home Occupation.
c, Employees arriving at the site for work that occurs either on-site or
off-site are included as non-resident employees,
d. The maximum number of clients/customers at any one time shall not
exceed four,
e. 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.
(vii) Number of Home Occupations.
a. The total number of Home Occupations within a dwelling unit is not
limited.
b. The cumulative impact of all Home Occupations conducted within
the dwellingunit shall not exceed the criteria in this section.
(5) Rummage/Garage Sales.
(a) A rumnmage/gLarage sale is a sale of household goods and belongings held either
outdoors or in a garage,
(b) Rumnma e/Tara a sales are not Home Occupations, provided the following:
(i) The sale does nol occur over more than three consecutive days.
(ii) No more than three sales per year are conducted.
(iii) The maximum number of sales per year is not contingent upon the length
of any sale, The number of sales may not increase beyond three by
shortening the length of each sale.
(6) Prohibited Uses in addition to Home Occupations that do not comply with the
criteria the following uses are prohibited for Home Occupations:
(a) Alcohol sales
(b) Adult-oriented businesses including:
(i) Creating or selling pornography
(ii) Providing nude or topless dancing
(c) Animal boarding houses kennels, stables, and veterinary hospitals
(i) Exception An in-home animal boarding house is allowed as a Home
Occupation for the boarding of tip to six 6 animals. Use of the yard for
the keeping of boarded animals is not permitted as part of an in-home
animal boardinghouse.
ouse.
(d) Dancingstudios or exercise studios
(e) Private clubs
(o Restaurants and bars
(g) Repair it or painting of motor vehicles including motorcycles and boats)or of any
trailer, camper, etc., pulled by a motor vehicle
(h) Firearm training or instruction
(i) Shooting ranges
0) welding or machine shop
(k) Dispatch service with cars on-site
(1) Dry cleaners
(m) Funeral lmomes 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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See. 29.1304A. CHILD DAY CARE FACILITIES,HOME-RASED.
(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 children)or Type"C" 1 adult.(e,g.,
up to eight children).
(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. The applicable
criteria for a Special Use Permit is listed in Section.29.1503(5).
(3) Da Care Centers are not a home-based Child Care Facility.
(4) Dedicated Area. For Family Dgy Care homes the entire dwelling unit may be used to
serve the various needs of dg_y care e. kitchen, bathroom, nappingr ooms, play
areas etc) However, 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 Dgy Care participants for activities other than meals.
(5) Parking,and Traffic.Each permitted Day Care must meet and maintain on-site parking
to minimum requirements of the Zoning Ordinance. The Board shall consider the
proposed parkin parking,along with drop off and pick up,as part of their review to determine
if traffic levels and parking are compatible with the area for any Dgy Care re uirin
a Special Use Permit. The Board may appiy conditions to any Special Use Permits
for parking and traffic control as allowed by Section 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
attendingty Care at any given time, or a public or neighborhood park is
located within 300 feet of the site.. This provision only applies to da care
provided to children five years of age and older.
(b) An area desi nated 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 parkirig 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 lie or she agrees
to complywith required guest or reserved parking provisions.
Section Two. Violation of the provisions of this ordinance shall constitute a municipal
infraction punishable as set out by law.
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Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby
repealed to the extent of such conflict, if any.
ISection Four. This ordinance shall be in full force and effect from and after its passage
and publication as required by law.
Passed this day of ,2023.
Renee Hall, City Clerk John A.Haila, Mayor
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