HomeMy WebLinkAbout2017-04-03-Ordinance 2837_Home OccupationsORDINANCE NO.2837
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:
$301.81.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.
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:
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.l.b).
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.
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.
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(1.1).
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,ten o'clock (10:00)A.M.through four o'clock (4:00)
P.M.on Saturdays and one o'clock (I:00)P.M.through four
o'clock (4:00)P.M.on Sundays.
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.
Office facilities for accountants,architects,brokers,doctors,dentists,
engineers,lawyers,insurance agents and real estate agents.
Office facilities for ministers,priests and rabbis.
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.~Re ealer.All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3.Severabilit 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 3'"day of April,2017,and approved this 3'"day of April,2017.
Attest:
'liam R card,Mayor
Rebecca D.Schuett,City Clerk