Prescott City Zoning Code
ARTICLE IV
Conditional Uses
§ 635-32 Statement of purpose.
The purpose of a conditional use permit is to provide a reasonable degree of discretion in determining the suitability of certain uses of a special nature, so as to make impractical their predetermination as a principal use in a district. The development and execution of this article is based upon the division of the City into districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use of a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses, and are those uses specifically designated as conditional uses by the zoning district or which are classified as a conditional use under the review procedures in this article.
§ 635-33 Authority of Plan Commission.
A.
The City Council may authorize the Plan Commission to issue a conditional use permit after review and public hearing, provided that such conditional use and involved structure(s) are found to be in accordance with the purpose and intent of this Zoning Code and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community based on substantial evidence to allow or deny such conditional use. Such Plan Commission action, and the resulting conditional use permit, when for limited conditional use, shall specify the period of time for which effective, if specified, the name of the permittee, the location and legal description of the affected premises. Prior to the granting of a conditional use, the Plan Commission shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.
B.
Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways and within 1/2 mile of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The Plan Commission shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action.
C.
Conditions such as landscaping, architectural design type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
D.
The length of time, in years, of a conditional use permit shall be determined by the Plan Commission as a condition of the permit, unless the permit is associated with a lease agreement with the City of Prescott. The lease agreement will determine the length of the conditional use permit. Such permits may be renewed under the issuance procedures of this article.
E.
Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall be required of all conditional uses.
§ 635-34 Initiation of conditional use.
Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses in the zoning district in which such land is located.
§ 635-35 Application for conditional use.
A.
Application. An application for a conditional use shall be filed on a form prescribed by the City. Such applications shall be forwarded to the Plan Commission on receipt by the Zoning Administrator. Application shall be accompanied by a nonrefundable fee as established by the Common Council. Such application shall also be accompanied by two copies of detailed written and graphic materials fully explaining all proposed changes, development and use.
B.
Information requirements. The information required for all conditional use permit applications shall generally consist of any or all of the following, as determined by the Zoning Administrator:
C.
Plans. In order to secure information upon which to base its determination, the Zoning Administrator may require the applicant to furnish, in addition to the information required for a building permit, the following information:
(1)
A plan of the area showing contours, soil types, high-water mark, groundwater conditions, bedrock, slope and vegetation cover;
(2)
Location of buildings, parking areas, traffic access, driveways, walkways, open spaces, landscaping, lighting;
(3)
Plans for buildings, sewage disposal facilities, water supply systems and arrangements of operations;
(4)
Specifications for areas of proposed filling, grading, lagooning or dredging;
(5)
Other pertinent information necessary to determine if the proposed use meets the requirements of this chapter.
§ 635-36 Hearing on application.
The request for conditional use shall be placed on the agenda of the first possible Plan Commission meeting occurring after 30 days from the date of submission. The request shall be considered as being officially submitted when all the information requirements, including paid fee, are complied with. A hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
§ 635-37 Notice of hearing on application.
Notice of the time, place and purpose of such hearing shall be given by publication of a Class 1 Notice, as prescribed by the Wisconsin Statutes, at least 10 days prior to the public hearing in the official City newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the Zoning Administrator, members of the Plan Commission, and the owners of record as listed in the office of the City Assessor who are owners of property in whole or in part situated within 250 feet of the boundaries of the properties affected, said notice to be sent at least 10 days prior to the date of such public hearing. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.
§ 635-38 Standards for conditional uses.
A.
No application for a conditional use shall be approved by the Plan Commission unless the following conditions are present:
(1)
The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
(2)
The uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.
(3)
The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(4)
Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
(5)
Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(6)
The conditional use shall conform to all applicable regulations of the district in which it is located.
(7)
The proposed use does not violate floodplain regulations governing the site.
B.
When applying the above standards to any new construction of a building or an addition to an existing building, the Plan Commission shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objectives of the zoning district and the City's Comprehensive Master Plan.
C.
In addition to passing upon a conditional use permit, the Plan Commission shall also evaluate the effect of the proposed use upon:
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution including sedimentation.
(3)
Existing topographic and drainage features and vegetative cover on the site.
(4)
The location of the site with respect to floodplains and floodways of rivers and streams.
(5)
The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.
(6)
The location of the site with respect to existing or future access roads.
(7)
The need of the proposed use for a shoreland location.
(8)
Its compatibility with uses on adjacent land.
(9)
The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.
§ 635-39 Denial of application for conditional use permit.
When a decision of denial of a conditional use application is made, the Plan Commission shall furnish the applicant, in writing, those standards that are not met, based on substantial evidence, and enumerate reasons the Plan Commission has used in determining that each standard was not met.
§ 635-40 Appeals.
Any action of the Plan Commission in granting or denying a conditional use permit may be appealed to the Pierce County Circuit Court, if a written request for an appeal is filed within 30 days after the date of the Plan Commission's action in granting or denying the permit.
§ 635-41 Conditions and guarantees.
The following provisions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Plan Commission may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in § 635-38 above. In all cases in which conditional uses are granted, the Plan Commission shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards;
(13)
Type of shore cover;
(14)
Specified sewage disposal and water supply systems;
(15)
Planting screens;
(16)
Piers and docks;
(17)
Increased parking; or
(18)
Any other requirements necessary to fulfill the purpose and intent of this chapter.
B.
Site review. In reviewing each application, the Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The Plan Commission may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, stormwater detention, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.
C.
Signage; evidence of use. One sign having an area of not more than four square feet shall be permitted.
D.
Extent of use. At no time shall the proposed conditional use utilize more than 35% of the gross floor area of the conforming use.
E.
Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the Plan Commission.
F.
Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the Plan Commission may require the use of certain general types of exterior construction materials and/or architectural treatment.
G.
Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where a use is proposed to be located on areas indicated as having soils which are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided which clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or that any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.
H.
Conditional uses to comply with other requirements. Conditional uses shall comply with all other provisions of this chapter such as lot width and area, yards, height, parking and loading. No conditional use permit shall be granted where the proposed use is deemed to be inconsistent or conflicting with neighboring uses for reasons of smoke, dust, odors, noise, vibration, lighting, health hazards or possibility of accident.
§ 635-42 Plan Commission action.
A.
Recommendation.
(1)
Following the receipt of a Plan Commission recommendation, the City Council may authorize the Zoning Administrator to issue a conditional use permit for conditional uses specified in this chapter after review and a public hearing, provided such uses are in accordance with the purpose and intent of this chapter.
(2)
The Plan Commission, based on substantial evidence, shall make findings of fact and recommend such actions or conditions relating to the request as it deems necessary to carry out the intent and purpose of this chapter.
§ 635-43 Validity of conditional use permit.
Where the Plan Commission has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the Plan Commission action unless the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted. A conditional use permit shall also terminate and automatically be revoked when the permitted conditional use activity has a change of ownership. Approximately 45 days prior to the automatic revocation of such permit, the Zoning Administrator shall notify the holder by certified mail of such revocation. The Plan Commission may extend such permit for a period of 90 days for justifiable cause, if application is made to the City at least 30 days before the expiration of said permit.
§ 635-44 Complaints regarding conditional uses.
The Plan Commission shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this Code. Upon written complaint by any citizen or official, the Plan Commission shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 635-38 above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 635-36 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in § 635-38 or conditions previously imposed by the Common Council, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use as provided in § 635-41. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and § 1-4. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in Subsection A(1) and (2) in § 635-38 will be met, the Plan Commission may revoke the subject conditional approval and direct the Zoning Administrator and the City Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Plan Commission shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.
§ 635-45 Bed-and-breakfast establishments.
A.
As conditional use. Bed-and-breakfast establishments shall be considered conditional uses and may be permitted in residential districts pursuant to the requirements of this article.
B. AGENT BED-AND-BREAKFAST ESTABLISHMENT MEAL OWNER-OCCUPIED
Definitions. As used in this section, the following terms shall have the meanings indicated:
The person designated by the owner as the person in charge of such establishment and whose identity shall be filed, in writing, with the Zoning Administrator upon issuance of the permit and updated five days prior to a designated agent taking charge.
Any place of lodging that is owner occupied, single-detached dwelling with no more than five guest bedrooms available for overnight lodging, where one meal per day may be included, and includes living accommodations used by the residents of the dwelling during times of operation.
Food that is prepared and eaten at a specific time, such as breakfast is the morning meal, lunch is the noon and dinner, or supper is the evening meal. "Meal" does not include snacks or other amounts of food served between meals.
An owner who has legal residency on the premises that contains a principal structure and who resides in the principal structure at least six months of the year, and whose portion of the dwelling unit is not rented when the owner is not present.
C.
Regulations.
(1)
A bed-and-breakfast establishment shall be owner-occupied, and the principal use of the premises shall be a single-family residence.
(2)
No bed-and-breakfast establishment shall be operated on a lot which contains any ordinance violations.
(3)
Minimum number of off-street parking spaces: two off-street parking spaces for the principal domiciled residents of the dwelling, plus one additional space for each room approved for use by guests.
(4)
Off-street parking spaces for a bed-and-breakfast establishment shall be permitted only in the side or rear areas of the property. No additional parking is allowed in the front yard area.
(5)
Off-street parking may be provided on a proximate property within 200 feet of the bed-and-breakfast establishment property, if such agreement is on file with the City and there is conformance with all requirements of this chapter.
(6)
There shall be no visible indication of the bed-and-breakfast establishment use from the road or adjacent properties except for a maximum of a twelve-square-foot sign, which may be lighted in such manner and nature as to not alter or deteriorate the nature of the surrounding neighborhood.
(7)
All bed-and-breakfast establishments shall provide a register and require all guests to register their true names and addresses before assigned quarters. The register shall be kept intact and available for inspection by a City representative for a period of not less than one year.
(8)
No more than five rooms shall be used as guest rooms for bed-and-breakfast guests, nor shall more than 12 persons be registered as guests of the bed-and-breakfast establishment at any one time. Guest occupancy shall be limited to a short-term rental agreement as defined in § 66.1014, Wis. Stats.
(9)
The bed-and-breakfast establishment shall employ not more than the equivalent of two full-time persons who are not domiciled in the principal structure.
(10)
Bed-and-breakfast establishments may provide one meal per day for registered guests.
(11)
No alcoholic beverages may be sold to registered guests.
(12)
No food or beverages shall be served or sold to the general public on the premises unless allowed by a separate permit.
(13)
No cooking facility shall be allowed in any guest room.
(14)
No smoking shall be allowed in any guest room.
D.
Conditional permit required.
(2)
Application requirements. The following is required to be furnished at the time an application is filed for a conditional use permit in addition to the other application requirements of this article:
(a)
Site plan showing location and size of buildings, parking areas and signs.
(b)
Floor plan(s) showing the location, size and number of guest bedrooms and the size and capacity of the dining area.
(c)
The maximum number of guests allowed at any one time on the premises.
(d)
Number, surfacing and size of parking stalls.
(e)
Number, size and lighting of signs.
(f)
Other information as the City may deem necessary to review the application.
(3)
Display of permit. The permit issued by the Zoning Administrator shall be conspicuously displayed in the bed-and-breakfast establishment.
E.
Termination of permit. A bed-and-breakfast use permit shall be void upon the sale or transfer of the property ownership. The Plan Commission shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with this chapter shall be valid until terminated by action of the Zoning Administrator for violation of the provisions of this section, or of State of Wisconsin regulations as set forth in Ch. DHS 195 or DHS 197, Wis. Adm. Code, or as above provided.
§ 635-46 Short-term rentals.
A.
Purpose.
(1)
The purposes of this section are to:
(a)
Ensure that the quality of short-term rentals operating within the City is adequate for protecting public health, safety and general welfare.
(b)
Determine the responsibilities of owners operating these rental properties to promptly respond to unreasonable uses or misuses of these rental properties.
(c)
Protect the character and stability of all areas within the City of Prescott.
(d)
Provide for the administration and enforcement of this section.
(2) PROPERTY MANAGER SHORT-TERM RENTAL
Definitions. As used in this section, the following terms shall have the meanings indicated:
An individual or company that is hired to oversee the day-to-day operations of a unit of real estate.
Pursuant to § 66.1014(1)(c), Wis. Stats., a "short-term rental" is a residential dwelling that is offered for rent for a fee and for fewer than 30 consecutive days.
B.
Short-term rental standards.
(1)
Each short-term rental shall comply with the requirements of this section and any other applicable state, county or local laws, codes, rules or regulations.
C.
Operation of short-term rentals.
(1)
No person may maintain, manage, or operate a short-term rental more than 10 nights each license year without a short-term rental license. Every short-term rental shall be operated by the property owner or a property manager.
(2)
Each short-term rental property owner or a property manager, as applicable, is required to have the following licenses and permits:
(3)
Each short-term rental shall comply with all of the following:
(a)
Nameplates or other signage related to the short-term rental property shall not exceed two square feet. No other signage advertising the short-term rental is permitted on site.
(b)
No recreational vehicles (RVs), campers, tents or other temporary lodging arrangements shall be permitted on site as a means of providing additional accommodations for paying guests or other invitees.
(c)
Compliance with all applicable state, county and local codes and regulations is required.
(d)
The property owner or property manager of each short-term rental shall provide a guest register and require all guests to register their true names and addresses and rental time period(s) before being assigned sleeping quarters. The guest register shall be kept by the property owner and available for inspection for at least one year, as required by the Wisconsin Administrative Code.
D.
Short-term rental license. The City Clerk shall issue a short-term rental license if an applicant demonstrates compliance with the provisions of this section. A short-term rental license is issued for one license year and may be renewed annually as provided in § 635-46F. The license shall contain the following information (as applicable):
E.
Short-term rental license procedure.
(1)
All applications for a short-term rental license shall be filed with the City Clerk on forms provided by the Clerk. Applications must be filed by the property owner or property manager. No license shall be issued unless the completed application form is accompanied by a nonrefundable payment.
(2)
Each application shall include the following information for each short-term rental unit:
(a)
The name of the property owner or property manager, with contact information including mailing address, a telephone number, and an email address at which the property owner or property manager is available.
(b)
A copy of a completed State of Wisconsin lodging establishment inspection form dated within one year of such inspection.
(c)
A copy of a current seller's permit issued by the Wisconsin Department of Revenue.
(d)
For renewal licenses only, written certification that a guest register has been kept as required by the Wisconsin Administrative Code.
(3)
Unless earlier revoked, each license shall run from July 1 of one year to June 30 of the following year and may be renewed annually. The application fee shall be paid upon filing of the application.
(4)
When the City Clerk determines that an application is complete and meets the requirements of this section, the Clerk shall approve the application and issue a short-term rental license. If the Clerk determines that the application is incomplete or does not meet the requirements of this section, the Clerk shall deny the application and inform the applicant, in writing, of the reason(s) why the application was denied and what action is needed to obtain approval of the application.
(5)
No short-term rental license shall be issued or renewed if the applicant or short-term rental property has outstanding fees, taxes, special charges or forfeitures owed to the City.
F.
Renewal.
(1)
Each application for renewal of a short-term rental license shall include updated information for the documentation on file with the City Clerk, and payment of the renewal fee.
(2)
No license shall be renewed if the short-term rental property is under an order issued by the Building Inspector or a local health officer, or designee, to bring the premises into compliance with state, county or local laws, codes, rules or regulations.
G.
Display of license. The license shall be displayed on the inside of the main entrance door of each short-term rental.
H.
Fees. Any person applying for a short-term rental license or renewing a license pursuant to this section shall be subject to the fees as established by resolution of the Common Council. The current fee schedule is on file with the City Clerk.
I.
Complaints. Any resident of or owner of property within the City may file a sworn written complaint with the City Clerk alleging activities that may be grounds for revocation of a short-term rental license issued under this section. In the event the Clerk determines that the complaint states grounds for possible revocation, the Clerk shall notify the complainant and licensee of the complaint by certified mail, return receipt requested, and provide the licensee with a copy of the complaint. The notice shall direct the complainant and licensee to appear before the Common Council on a day, time and place included in the notice, not less than 10 days and not more than 45 days from the date of the notice for a hearing that shall be conducted. If a license is revoked, the City Clerk shall give notice of revocation to the licensee by certified mail, return receipt requested.
J.
Penalties.
(1)
Any person who violates any provision of this section shall be subject upon conviction to a forfeiture of not less than $5 nor more than $1,000 for each offense, together with the costs of prosecution. Each violation and each day a violation occurs or continues to exist shall constitute a separate offense.
(2)
The penalties described in this section shall be in addition to all other remedies of injunction, abatement or costs, whether existing under this section or otherwise.
K.
Appeals.
(1)
The City Clerk's decision to deny an initial or renewal short-term rental license shall specify the reason(s) for such denial, in writing. The City Clerk shall notify the licensee in writing of the City's intention not to renew the license and notify the licensee of their right to an appeal hearing.
(2)
The City Clerk's decision to deny an initial or renewal short-term rental license may be appealed to the Common Council by filing a written appeal with the Clerk within 30 days after the date of mailing of the written notice of the City Clerk's decision denying such license or renewal license. The Common Council shall conduct a due process hearing and issue a written decision on the appeal within 30 days of the City's receipt of the written appeal. The appellant may produce and cross-examine witnesses, present relevant evidence, and be represented by counsel at his or her expense. If the Common Council finds the City Clerk's reason(s) for denial sufficient, the decision shall be affirmed. If the Common Council finds the City Clerk's reason(s) for denial insufficient, the decision shall be reversed, and the license shall be granted and issued. The City Clerk shall give written notice of the Common Council's decision to the applicant or licensee.
(3)
A license may be revoked by the Common Council during the term of a license year following a due process hearing for one or more of the following reasons:
(a)
Failure by the licensee to make payment of delinquent fees, taxes, special charges, forfeitures or other debt owed to the City.
(b)
Failure to maintain all required local, county and state licensing requirements.
(c)
Any violation of local, county or state laws or regulations as determined by the Common Council which, based upon their number, frequency and/or severity, and their relation to the short-term rental property, its owner(s), tenant(s), occupant(s) or visitor(s), harms or adversely impacts the uses and nature of the surrounding neighborhood.
L.
Judicial review. The action of the Common Council in granting or renewing, refusing to grant or renew, or revoking or refusing to revoke a license under this section may be appealed to the Pierce County Circuit Court if filed within 30 days of the date of mailing by the City Clerk of the notice of the Common Council's action.
§ 635-47 Home occupations.
A.
Intent. The intent of this section is to provide a means to accommodate a small home-based family or professional business without the necessity of a rezoning from a residential to a commercial district. Approval of an expansion of a home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary.
B. HOME OCCUPATION
Definition.
An accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services that is clearly secondary to the residential use and does not change the character of the structure as a residence and meets all the applicable limitations of this chapter.
C.
Permitted home occupations; restrictions. Home occupations, including professional home offices, meeting the requirements of this subsection are a permitted use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following requirements:
(1)
The home occupation shall be conducted only within the enclosed area of the dwelling unit or an attached garage.
(2)
There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.
(3)
No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation shall be visible outside any structures located on the premises.
(4)
No home occupation use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.
(5)
Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated and shall not exceed two square feet. Refer to § 635-61A(1).
(6)
No business which generates excessive parking load (defined as parking which regularly exceeds the parking available in the normal driveway, including vehicles owned by residents of the property), nor traffic in excess of or beyond the amount generally associated with residential uses, shall be permitted.
(7)
A permitted home occupation shall not occupy more than 25% of the gross combined floor area of the dwelling.
(8)
Persons employed by a permitted home occupation shall be limited to those persons residing on the premises.
(9)
Mechanical repair for hire (including automobile or boat repair, small engine repair, and body shop work), barbershops, beauty shops, recreation establishments of any kind, snow removal, businesses which store heavy equipment on the premises, dog grooming, massage parlors, tattoo parlors, restaurants, or if a federal license is required such as veterinarians, doctors, chiropractors, counselors, and psychologists, or similar uses shall not be permitted as a home occupation. (This list is to be considered to provide examples but is not considered all inclusive.) (Such uses may, upon approval by the Zoning Board of Appeals, be allowed under a conditional use permit.)
(10)
Home occupation permits are not transferable in terms of location or ownership.
(11)
Products, materials, and goods shall be kept completely enclosed within a building in a lawful manner where they are not visible from the street or other public or private property. The area in which products, materials and goods are kept shall be considered to be part of the 25% of the gross combined floor area permitted for a home occupation.
(12)
Home occupations must meet all fire codes and no home occupation shall refuse to allow inspection by the fire department, zoning officials or police.
(13)
A home occupation shall not be detrimental to the health, safety, welfare, peace and quiet or enjoyment of the surrounding property or neighborhood.
(14)
Home occupations may operate only during the hours between 8:00 a.m. and 8:00 p.m.
(15)
Not-for-profit organizations such as churches, food shelves, community-based residential facilities and other tax-exempt organizations shall be registered.
(16)
In-home day care for children and adults shall be registered.
(17)
Refer to fee schedule for fees.
D.
Conditional use home occupations.
(2)
In-home day care for children and adults shall be required to obtain a conditional use permit.
(3)
The Plan Commission may impose any reasonable condition on any conditional use permit.
(4)
Sale, transfer of the property, expansion or any other changes shall cause the conditional use permit to be null and void.
§ 635-48 Registration of home occupations.
§ 635-49 Accessory dwelling units (ADU).
A.
Intent. The intent of this section is add moderately priced rental units to the housing stock to meet the needs of older homeowners and smaller moderate-income households. For the older homeowners, it may enable them to age in place in their neighborhood or with family members, and for smaller moderate-income households, it provides moderately priced housing units.
B. ACCESSORY APARTMENT ACCESSORY COTTAGE ACCESSORY DWELLING UNIT (ADU) DETACHED ACCESSORY APARTMENT OWNER-OCCUPIED
Definitions. The following definitions are used in this section:
A type of ADU created by converting part of or adding to an existing principal structure by building a separate unit into the existing principal structure.
A type of ADU that is placed permanently on the same lot and detached from an existing principal structure.
A general term meaning a residential living unit that provides complete independent living facilities for one or more persons. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the existing principal structure and meets all the applicable standards of this chapter.
A type of ADU created by converting part of or adding onto an existing detached accessory structure such as space above a garage.
An owner who has legal residency on the premises that contains a principal structure and an ADU, who resides in the principal structure or ADU at least six months of the year, and whose portion of the dwelling unit is not occupied when the owner is not present.
C.
Permitted ADU restrictions. ADUs are a conditional use in all residential districts, except for high-density residential, and are subject to the requirements of the district in which the use is located, in addition to the following requirements:
D.
Accessory apartment and detached accessory apartment shall meet the conditions listed in § 635-49C and the following.
(1)
The total floor area shall not exceed 40% of the living area of the existing principal structure or 900 square feet, whichever is greater.
(2)
The total height shall not exceed 35 feet.
(3)
The total impervious surfaces of all improvements of the lot shall not exceed 30% of the rear yard.
(4)
The total number of bedrooms shall not exceed two.
(5)
A separate entrance shall be provided.
(6)
A maximum of one dedicated on-site parking stall may be required.
(7)
Off-street parking is not allowed.
(8)
The ADU shall be connected to the City's sanitary sewer system.
E.
Accessory cottage shall meet the conditions listed in § 635-49C and the following:
(1)
The total floor area shall not exceed 900 square feet.
(2)
The total height shall not exceed the height of the principal structure.
(3)
The total impervious surfaces of all improvements of the lot shall not exceed 30% of the rear yard.
(4)
The total number of bedrooms shall not exceed two.
(5)
A maximum of one dedicated on-site parking stall may be required.
(6)
Off-street parking is not allowed.
(7)
The ADU shall be connected to the City's sanitary sewer system.