HomeMy WebLinkAbout2017-03-06-H01 Home Occupations_ORDINANCE_PH AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 6, 2017
AGENDA ITEM: Public Hearing on an Ordinance to Amend Chapter 300, Zoning Ordinance,
City of Waukee, Iowa, by amending Section 301.8(I) General Regulations –
Home Occupations
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: Last fall, the City Council was approached by a resident
that runs private swimming lessons out of a residential home as permitted
within the City’s Home Occupation Ordinance. They had received notice
from the City that they were not in compliance with the code due to the
number of instructors that were being utilized for the facilitation of swimming
lessons.
The current Ordinance allows for one additional employee who is not a
resident of the home and does not specify between hired employees and
contract employees.
The City Council requested staff to draft an ordinance amendment to address
the concerns/issues that were discussed during the open forum.
Staff has prepared an ordinance that addresses four specific issues:
1. Modifies the term of employment to include both hired employees and
contract employees.
2. Incorporates an accessory structure as an allowable use for a home
occupation as a private swimming pool would be considered an accessory
structure to the home.
3. Creates an exception specific to swimming lessons which would allow for
up to three employees on the premises to allow a ratio of one student to
one instructor.
4. Defines allowable times of day for providing private swimming lessons
within a home.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
The Planning and Zoning Commission reviewed the proposed zoning ordinance amendment at their
meeting on February 28, 2017 and recommended approval.
Approval of an Ordinance to Amend and replace Section 301.8(I) Home Occupations
Ordinance
Development Director, Brad Deets, advised the council that recently the City has been
receiving concerns to the current Home Occupations Ordinance specifically related to private
swimming lessons. Mr. Deets informed the Commission that, after review of several
ordinances, staff has proposed several modifications to the home occupations ordinance to
clarify employees as well as to make the private swimming lessons portion of the ordinance
more consistent with surrounding communities.
Mr. Deets advised that the section 301.8(I.1.a) would now read:
“Not more than one person who is not a resident on the premises shall be employed or
independently contracted that conducts work on the premises unless specifically permitted
elsewhere in this chapter.”
Mr. Deets advised that the section 301.8(I.1.e) would now read:
“The home occupation shall be conducted entirely within the principal dwelling unit or an
approved accessory structure, and in no event shall such use be apparent from any public
way.”
Mr. Deets advised that the section 301.8(I.2.a.) would now read:
“a. For private swim lessons, the following provisions shall be observed:
i. Hours of operation shall be limited to eight o’clock (8:00) A.M. through five
o’clock (5:00) P.M. Monday through Friday and ten o’clock (10:00) A.M.
through (4:00) P.M. on Saturdays.
ii. In addition to the residents of the premises, no more than three (3) outside
employees or independent contractors shall be permitted on the premises at
any given time.”
Mr. Deets advised that the amendments must pass approval of the Commission before it can
be reviewed by the Council.
• Commissioner Schmidt brought forth a concern that with parents included, a full
capacity swimming lesson home could be subject to up to 7 vehicles. Mr. Deets
advised that there are provisions that parking must be provided on site or in designated
parking areas.
• Commissioner Schmidt questioned what the complaints have been to date. Mr. Deets
advised that there had been noise complaints, but it was more that the ordinance
needed to specify certain employment regulations, taking into account the types of
home operations as well as providing buffers to residential neighbors, such as the
hours of operation proposed.
• Commissioner Hoifeldt questioned if this would open doors for other operations such
as daycares. Mr. Deets advised that daycares are slightly different in that they are
restricted at the state level for licensing and requirements. Cities can enforce stricter
codes than the state regulations, but that is not something the City is interested in at
this time.
Commissioner Fontenot moved to approve Approval of an Ordinance to Amend and replace
Section 301.8 (I) Home Occupations Ordinance, as presented. The motion was seconded by
Commissioner Schmidt. Ayes: Stonebrook, Fontenot, Hoifeldt, and Schmidt. Nays: None.
Motion Carries.
STAFF REVIEW AND COMMENT: The proposed changes to the Ordinance are consistent with
the changes that were discussed with the City Council during the workshop
held in November 2016.
RECOMMENDATION: Hold the Public Hearing
ATTACHMENTS: I. Proposed Ordinance (red-lined to show changes)
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 300, ZONING ORDINANCE, CITY
OF WAUKEE, IOWA, BY AMENDING AND REPLACING CHAPTER 301.8 GENERAL
REGULATIONS, SECTION I – HOME OCCUPATIONS
BE IT ORDAINED by the Council of the City of Waukee:
Section 1. Chapter 301, Waukee Municipal Code, Zoning Ordinance of the City of
Waukee, Iowa, is hereby amended by repealing said section in its entirety and enacting in lieu
thereof the following:
§301.8I. Home Occupations. Subject to the limitations of this section, any home
occupation that is customarily incidental to the principal use of a building as a dwelling
shall be permitted in any dwelling unit. Any question of whether a particular use is
permitted as a home occupation, as provided herein, shall be determined by the
administrative official pursuant to the provisions of this ordinance. The regulations of
this section are designed to protect and maintain the residential character of established
neighborhoods while recognizing that certain professional and limited business activities
have traditionally been carried on in the home. This section recognizes that, when
properly limited and regulated, such activities can take place in a residential structure
without changing the character of either the neighborhood or the structure.
1. Use Limitations. In addition to all of the use limitations applicable to the
district in which it is located, no home occupation shall be permitted
unless it complies with the following restrictions:
a. Not more than one person who is not a resident on the premises
shall be employed or independently contracted that conducts work
on the premises unless specifically permitted elsewhere in this
chapter.
b. No more than 50%, including storage area, of no more than one
floor of the dwelling unit, shall be devoted to the home occupation.
c. No alteration of the principal residential building shall be made
which changes the character and appearance thereof as a dwelling.
d. No stock of goods shall be displayed or sold on the premises in
excess of storage area available as defined in Section 301.8(I.1.b).
e. The home occupation shall be conducted entirely within the principal
dwelling unit or an approved accessory structure, and in no event shall
such use be apparent from any public way.
f. There shall be no outdoor storage of equipment or materials used in the
home occupation.
g. Not more than two commercially licensed vehicles used in connection
with any home occupation shall be parked on the property.
h. No mechanical, electrical or other equipment which produces noise,
electrical or magnetic interference, vibration, heat, glare or other
nuisance outside the residence shall be permitted.
i. No home occupation shall be permitted which is noxious, offensive or
hazardous by reason of vehicular traffic, generation or emission of noise,
vibration, smoke, dust or other particulate matter, odorous matter, heat,
humidity, glare, refuse, radiation or other harmful, objectionable
emissions.
2. Home Occupations Permitted. Customary home occupations include, but are
not limited to, the following list of occupations; provided, however, that each
such home occupation shall be subject to the use limitations set out in Section
301.8(I.1).
a. Providing instruction to not more than four students at a time.
a. For private swim lessons, the following provisions shall be observed:
i. Hours of operation shall be limited to eight o’clock (8:00)
A.M. through five o’clock (5:00) P.M. Monday through
Friday and ten o’clock (10:00) A.M. through (4:00) P.M. on
Saturdays.
ii. In addition to the residents of the premises, no more than
three (3) outside employees or independent contractors shall
be permitted on the premises at any given time.
b. Office facilities for accountants, architects, brokers, doctors, dentists,
engineers, lawyers, insurance agents and real estate agents.
c. Office facilities for ministers, priests and rabbis.
d. Office facilities for salespersons, sales representatives and
manufacturer's representatives when no retail or wholesale sales are
made or transacted on the premises.
e. Studio of an artist, photographer, craftsperson, writer or composer.
f. Homebound employment of a physically, mentally or emotionally
handicapped person who is unable to work away from home by reason of
his or her disability.
g. Shop of a beautician, barber, hair stylist, dressmaker or tailor.
h. Bed and Breakfast establishments limited to not more than three guest
rooms.
Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3. Severability Clause. If any section, provision or part of this ordinance shall be
adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as
a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.
Section 4. Effective Date. This ordinance shall be in effect upon its final passage, approval
and publication as provided by law.
Passed by the Council this ___ day of ________________, 2017, and approved this ___ day of
______________, 2017.
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk