This meeting will be conducted by Zoom based on the ongoing public health emergency, and consistent with the Governor’s most recent emergency declaration, various Executive Orders entered by the Governor, and the recent amendments made to the Open Meetings Act in Public Act 101-640. The meeting will be streamed live via Zoom and a live stream of the meeting will be available to the public on https://riversidetv.us/ and on Riverside TV on Xfinity Channel 6, AT&T U-Verse Channel 99. Please check the Village’s website for more information www.riverside.il.us. The Zoom ID and access code will be made available on the Village’s website prior to the meeting. Public comments are welcome on any topic related to the business of the Public Body at Regular and Special Meetings when received by email or in writing by the Village’s Community Development Director prior to 5:00 p.m. on the day of the meeting. Emailed comments may be sent to Community Development Director Sonya Abt at sabt@riverside.il.us. Written comments may be submitted to the attention of the Village Clerk at 27 Riverside Road, Riverside, Illinois. Public comments may also be made live during the meeting by persons participating via Zoom.
VILLAGE OF RIVERSIDE, ILLINOIS
PLANNING AND ZONING COMMISSION
REGULAR MEETING
Monday, November 23, 2020 at 7:00 PM
This meeting will be conducted electronically via Zoom.
The Public may access the meeting using the Zoom Meeting ID and Access Code which will be posted
on the Village website at
https://www.riverside.il.us/165/Planning-Zoning-Commission
at least 2
hours before the meeting.
A G E N D A
1. Call to Order
2. Roll Call
Chairperson
Jill Mateo
Commission Members
Jennifer Henaghan
Joel Marhoul
Sean May
John Mathews
Jacqueline Miller
Theresa Pelletier
3. Approval of Minutes:
A. Planning & Zoning Commission Regular Meeting and Public Hearing minutes of September 23,
2020
4. Visitors, Petitions, Citizen Requests, and Communications:
5. Liaison Report:
A. Village Board Update
6. New Business:
7. Old Business:
A. Continued discussion regarding allowing habitable space above detached garages and in coach
houses and recommendations to the Village Board.
Planning and Zoning Commission
Regular Meeting Agenda
Page 2
November 23, 2020
cc: Jessica Frances, Village Manager, Doug Pollock, Village Trustee, Website, Landmark
8. Information:
9. Adjournment:
Page 1 of 6
Public comments received by email or in writing by the Community Development Director prior
to 5:00 p.m. on the day of the meeting were welcome on any topic. Public comments were also
allowed in person. Physical spacing was observed, and public access to the meeting was limited
due to the ongoing public health emergency, but access to the meeting was facilitated.
VILLAGE OF RIVERSIDE
PLANNING AND ZONING COMMISSION REGULAR MEETING AND PUBLIC HEARING
Minutes
I.
Call to Order:
The Regular Meeting of the Village of Riverside Planning and Zoning
Commission was held on Wednesday, September 23, 2020, in the 2
ndFloor Auditorium
of the Riverside Township Hall, 27 Riverside Road, Riverside, IL. Chairperson Mateo
called the Regular Meeting to order at 7:00 p.m.
II.
Roll Call:
Present:
Chairperson Mateo
Commissioner Pelletier
Commissioner Henaghan
Commissioner May
Commissioner Miller
Commissioner Mathews
Commissioner Marhoul
Also Present: Community Development Director Abt
Management Analyst Bouman
Director Bailey
III.
Approval of Minutes:
A. Planning & Zoning Commission Regular Meeting and Public Hearing minutes of
August 26, 2020
Chairperson Mateo noted she has sent a few minor changes to Mr. Bouman.
Commissioner Henaghan made a motion to approve the minutes. Commissioner
Miller seconded the motion.
AYES: Henaghan, Pelletier, Miller, May, Mathews, Marhoul, Mateo.
NAYS: None.
Motion passed.
IV.
Visitors, Petitions, Citizen Requests and Communications:
None.
V.
Liaison Report:
Page 2 of 6
Trustee Pollock was not present. Director Abt stated that both the Swim Club and
the Garage Variation had been approved by the Village Board.
VI.
Public Hearings and Recommendations:
A. PZ20-06 – Zoning Code and Municipal Code Text Amendments – Garage and
Driveway Regulations.
1. PUBLIC HEARING to consider an application from the Village of Riverside for
text amendments to the Village of Riverside Zoning Ordinance and Municipal
Code regarding Garage and Driveway Regulations. Petitioner: Village of
Riverside
Chairperson Mateo opened the public hearing and entered the public notice
into the record as Exhibit A.
Chairperson Mateo swore in the petitioners.
Director Abt explained that in 2018, the Village considered text amendments to
the Zoning Code and Municipal Code relative to garages and driveways to address
attached garages and driveway widths and their potential negative impact on the
Village’s landmark designation, the General Plan of Riverside and neighborhood
character. Ultimately there were several concerns about the implications of the
proposed code changes and the Village Board did not approve the text
amendments. In March 2019, Staff presented to the Village Board priority issues
related to garages and driveways that needed to be addressed. These included
the following:
•
Conflicts between the Zoning Code and Title 8 (Public Ways and Property)
regarding driveway widths and setback requirements
•
Conflicts within the driveway apron regulations in Title 8 related to flares
vs. radii.
•
Clarification on how front elevations are measured.
•
Maximum driveway widths for attached front loaded garages.
•
Nonconformities related to existing attached garages.
Staff explained that following the 2019 presentation, the Village Board created an
ad hoc committee to review Staff’s recommendations and provide a
recommendation to the Village Board on what changes should be made. The
committee, led by Department of Public Works Director Bailey, met on several
occasions and made recommendations regarding each of Staff’s issues and
proposals. The ad hoc committee concurred with several of Staff’s
recommendations, and disagreed with certain others. The Village Board directed
the Planning and Zoning Commission to conduct a public hearing on a text
amendment incorporating the most straightforward changes, with the
understanding that subjects on which there was significant disagreement by the
ad hoc committee regarding staff recommendations, and the offering of bonuses
for garage design standards, would take additional work and would be considered
at a later time.
Staff explained that the ad hoc committee’s recommendations have been
Page 4 of 19Page 3 of 6
incorporated into a text amendment.
Staff summarized the proposed changes. The text amendment:
•
Establishes that Title 8, Chapter 4 relates to driveway aprons not private
driveways.
•
Establishes 10 feet as the maximum width for residential driveway aprons
and that they shall not exceed the width of the private driveway at the
property line.
•
Establishes a maximum width of 20 ft. for abutting/shared driveways.
•
Creates a definition for a driveway apron.
•
Creates a process for allowing a larger apron where it is determined that
an alignment or road curvature issue makes a wider driveway apron
necessary to accommodate a vehicle movement.
•
Establishes 10 ft. as the maximum driveway width for all residential
driveways, allowing it to widen for a distance of 20 ft. to the width of the
garage it serves.
•
Establishes a taper requirement for driveways to attached front loaded
garages.
•
Clarifies how façade width is determined and how garage width is
measured for attached front loaded garages.
•
Clarifies that existing residential driveways that exceed the maximum
width permitted by the Zoning Code may be reconstructed within their
existing footprint.
Director Abt noted that bonuses related to garage design standards would be
discussed separately and a separate public hearing held. She also stated that
Director Bailey was the Staff Liaison to the Ad Hoc Committee and could answer
any questions regarding the Committee’s recommendations or discussion.
Chairperson Mateo asked if Staff had received any public input. Director Abt
stated that she had not received any written comments or emails.
The Commissioners also discussed the taper requirement for front loaded
attached garages. Commissioner Miller asked for some clarification from Director
Bailey on the Ad Hoc Committee’s recommendation. Director Bailey explained
that the ad hoc committee agreed with Staff’s recommendation, however they
did not believe the ‘either/or’ language was necessary. He clarified that they
agreed with the driveway needing to meet the 10 ft. width within 30 ft. of the face
of the garage. The Commission discussed and ultimately decided that the “or the
property line whichever comes first” language should be included. They also
stated that the figures should be updated to reflect the taper requirements.
The Commissioners discussed the better clarification and consistency in language
for driveway aprons as well as modifications regarding the use of a radius rather
than a flare for driveway aprons. Commissioner Pelletier noted that it is not
typical to see a radius in a residential curb cut. Directors Abt and Bailey concurred
that most communities have a flare. The Commission discussed that a radius
would allow for more green space in the parkways, which has been a priority of
Page 4 of 6
the Village. Ultimately the Commission recommended switching from a flare to a
4 ft. radius at the curb. Commissioner Mathews expressed some concern about
existing driveway aprons. After further discussion, the Commission recommended
that existing driveway aprons be allowed to be replaced to their existing width
however with the new radius at the curb line rather than the flare.
Chairperson Mateo opened the hearing to the public for questions and/or
comments.
No one in the audience wished to comment.
Commissioner Miller had some questions and comments regarding measuring
driveway width. She noted the proposed language states the driveway may widen
to the width of the garage but does not define the width of the garage; however
the current language in the code does define how the width of the garage is
measured. She stated that the new language should include how garage width is
defined. Commissioner Pelletier stated that in previous discussions they had
proposed limiting the driveway width to two feet wider than the garage door. The
other Commissioners recalled that previous recommendation. The Commission
discussed that requirement again and recommended including language on how
to measure garage width in all the driveway sections. For detached garages it
would be measured from the exterior face of the exterior walls, while attached
garages would be measure from the interior face of the demising wall to the
exterior face of the exterior wall. The Commission also recommended that the
figures be updated to show how the garage width is determined.
Commissioner Marhoul asked Director Bailey about the Ad hoc Committee’s
decision to focus on permeable surfaces, greenspace and trees. Director Bailey
stated that there had not been a great deal of discussion on the proposal for
bonuses and the recommendation was simply to emphasize those three items as
listed. Commissioner Marhoul asked if further discussion on this would happen at
a separate meeting. Chairperson Mateo stated that it would.
Commissioner Miller stated that she still disagrees with the 50% maximum for
garage width. She believes 45% would be preferable. Chairperson Mateo stated
that could be part of the future discussion regarding bonuses relative to garages.
Commissioner Miller also suggested that the “excludes architectural elements”
should be further clarified by referencing the permitted encroachments table.
After some discussion on whether it should include more elements or reference
the permitted encroachments list to be more comprehensive the Commissioners
recommended revising the language to reference encroachments listed in Table 7
Permitted Encroachments.
Chairperson Mateo asked for a motion to continue or close the public comment
portion of the hearing. Commissioner Mathews made a motion to close the public
hearing. Commissioner May seconded. Voice vote. All in favor.
Page 5 of 6
2.
DISCUSSION, MOTION AND RECOMMENDATION by the Planning and Zoning
Commission to the Village Board regarding the request for expansion of the
existing special use and several variations set forth in 6.A.1 above.
The Commissioners discussed the various standards for text amendments and
agreed that the proposed text amendments with their modifications are
consistent with Village plans and the intent and general regulations of the Zoning
Ordinance. That they provide several clarifications and remove conflicts within
the code and would address any nonconformities created by the amendments.
Commissioner Henaghan made a motion to recommend approval of the Proposed
Text Amendments with the revisions discussed. Commissioner Pelletier seconded.
AYES: Henaghan, Pelletier, Miller, May, Mathews, Marhoul, Mateo.
NAYS: None.
Motion passed.
VII.
Old Business:
None.
VIII.
New Business:
A.
Discussion regarding allowing habitable space above detached garages and in
coach houses.
Director Abt provided a brief summary of the Village Board’s discussion regarding
allowing habitable space above detached garages and in coach houses. She stated
that the Village Board asked the Planning and Zoning Commission to look into the
matter further including the home occupation regulations.
The Commissioners discussed the idea. Commissioner Henaghan is in favor of the
idea of providing the additional habitable space for office space only, however did
have some concerns about the commercial use and potential negative impacts
due to visitors. She also noted that there may be accessibility issues.
Commissioner May expressed some concern about the classification of the
construction and that may make the conversion not a viable option due to cost.
Commissioner Mathews expressed concern about changing bulk regulations. This
was a non-starter for him as he believes this would change the character of the
neighborhood. Commissioner Marhoul asked about the number of coach houses
in the Village. Director Abt stated she would have to look into that. Chairperson
Mateo asked about “tiny offices”. Director Abt stated that those would be
allowed currently by code. Accessory Buildings are allowed however they cannot
exceed 800 sq.ft. in the aggregate. She stated the residents can build additions to
their garages for a work space on the ground level provided it meets the setbacks
and coverage restrictions.
Commissioner Marhoul stated the code as it stands provides sufficient
opportunity for limited use spaces and isn’t sure where the value is in creating
additional requirements on those accessory structures.
Page 6 of 6
Director Abt asked if there was any additional information the Commissioners
would like to review before they made any formal recommendation to the Village
Board on this matter.
The Commissioners asked for Home Occupation standards, the number of coach
houses vs. the number of landmarked coach houses and the LaGrange and
Hinsdale Ordinances since they allow the above garage offices.
IX.
Information:
X.
Adjournment:
Chairperson Mateo asked for a motion and second to adjourn the Regular Meeting
and Public Hearing. Commissioner Miller made a motion to adjourn. Commissioner
May seconded.
AYES: Henaghan, Pelletier, Marhoul, Miller, May, Mathews, Mateo.
NAYES: None.
Motion passed.
The meeting adjourned at 9:06 p.m.
Respectfully submitted:
____________________________________
___________________________________
Community Development Director, Sonya Abt
Date Approved
MEMORANDUM—COMMUNITY DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT
To: Chairperson Mateo & Members of the Planning and Zoning Commission From: Sonya Abt, AICP, Community Development Director
CC: Jessica Frances, Village Manager, Michael Marrs, Village Attorney
Re: Inhabitable spaces above garages
Date: November 19, 2020
Background
At the September 3, 2020 Village Board meeting, the Trustees discussed the potential for allowing home offices above detached garages. Trustee Jisa initiated the discussion noting that the COVID-19 pandemic had changed the way people work and he believed the shift to working from home would be permanent. It’s forced companies to re-think how they do business and he believes working from home is going to become more and more popular. He also noted that the ability to convert the space above a garage or a coach house into a home office and work there would make it easier to work from home and increase a property’s value.
In their discussion, the Trustees did express some concerns about enforcement, visitors, home occupations and renting the space to others, or illegally converting them into dwelling units.
The Board believed the issue was worthy of further exploration and referred the matter to the Planning and Zoning Commission for further review including review of the home occupation regulations to address any potential negative impacts.
The current regulations for detached garages do not permit living space above the parking area of a garage, except for storage. This is with the exception of historic landmark coach houses which are permitted to have an accessory dwelling unit.
The garage regulations also regulate maximum wall height in addition to overall peak height. This was specifically put in place to limit the ability of creating livable space above the garage.
Discussion
At the September 23, 2020 Planning and Zoning Commission meeting the Commission discussed allowing offices above garages. Some Commissioners had some concerns about how changing the bulk regulations could change the character of the neighborhood. They also had concerns about additional commercial uses in residential districts. The Commission asked to see the home occupation regulations as well as the La Grange and Hinsdale Ordinances for review before further discussion and recommendations. They also requested a list of all the coach houses in town and how many are designated as landmarks.
Attached are the home occupation and accessory building/garage regulations for Riverside, La Grange and Hinsdale for the Commission’s review.
MEMORANDUM—COMMUNITY DEVELOPMENT DEPARTMENT
Staff has reviewed the Village files on coach houses and in 2000 there were approximately 28 coach houses in the Village. Currently only 13 coach houses are designated as landmarks.
Recommendation
Provide Staff and the Village Board feedback on allowing office areas above detached garages and potential text amendments needed to allow.
Attachments:
• Home Occupation Regulations
• Garage Height and Use Restrictions
• Building Code Regulations.
Riverside Zoning Ordinance
(D) Home Occupations:1. No person other than a family member residing on the premises shall be employed as part of a home occupation.
2. Business shall be conducted primarily via fax, mail, telephone or computer equipment.
3. The receipt, sale or shipment of deliveries shall not be permitted on or from the premises, with the exception of regular U.S. mail and/or an express shipping service that is characteristic of service to residential neighborhoods.
4. Outdoor storage of merchandise or material shall be prohibited.
5. The home occupation shall be conducted entirely within a principal or accessory building on the lot. Motor vehicle repair shall not be permitted as a home occupation.
6. The home occupation shall not exceed twenty five percent (25%) of the total floor area of the principal and/or accessory building.
7. No exterior alteration that changes the residential character of the principal or accessory building shall be permitted.
8. Vehicular or pedestrian customer or client traffic shall not be generated in a significant manner by the home occupation.
9. The home occupation shall not generate any impacts related to noise, vibration, smoke, heat, lighting, fumes or odors, or create interference with any electrical, radio or television equipment, or create any other nuisances or safety hazards to neighboring properties.
(A) Accessory Structures: Accessory structures, including a detached garage, shed, gazebo, playhouse, animal house, garden house, and private greenhouse, are subject to the following:
1. Permit Required: No accessory structure shall be constructed prior to construction of the
principal building to which it is accessory. No accessory structure shall be erected or replaced within the Village without first obtaining a building permit.
2. Location: Accessory structures shall be located on the same lot as the principal building to which it serves.
3. Storage: The area above the vehicle parking spaces in a detached residential garage may be utilized for storage, but not living space.
4. Coach Houses: Coach house accessory structures that have been designated historic landmarks may be used for residential purposes and may be occupied as accessory dwelling units as set forth in title 11, chapter 1 of the Municipal Code. Kitchen and bathroom facilities are permitted in those accessory structures that have been designated as landmarks. The one-story limitation contained in these provisions shall not prevent the reconstruction of an existing accessory two-story coach house which has been substantially damaged or destroyed by fire or other casualty, provided that such coach house was originally constructed on the property in question before 1937, was constructed and maintained until so damaged or destroyed in the same design and architectural style as that of the principal residence, and its reconstruction as a two-story building is necessary in order to restore it to the same design and architectural style as that of the principal residence.
5. Historical Significance: Any accessory structures deemed to be historically significant by the Preservation Commission and noted as such in title 11, chapter 1, appendix D of the Municipal Code shall be permitted to encroach into any required yard.
6. Accessory Structures In Residential Districts:
(a) Detached accessory structures shall be limited to one (1) story.
(b) The maximum height of any detached accessory structure shall be sixteen feet (16') as measured to the peak of the roof, except in the R1-AA and R1-A Districts, where a detached garage not to exceed eighteen feet (18') in height, as measured to the peak of the roof, may be permitted to enable the roof pitch of the garage to match the roof pitch of an existing home. The maximum height of the side wall shall not exceed twelve feet (12') in height as measured in accordance with the definition for "side wall height".
(c) Detached accessory structures shall be prohibited in street yards. Detached accessory
structures shall only be permitted in rear yards, with the exception that where there is inadequate room for a detached garage to be constructed in a rear yard, such garage may be permitted in a side yard. (d) Accessory structures, including detached garages, shall be located a minimum of three feet (3') from any adjoining side or rear lot line and as measured to the foundation of the accessory structure. Accessory structures shall be located a minimum of ten feet (10') from the principal building on a lot. (e) The combined maximum ground floor area of all detached accessory structures shall be a maximum of twelve percent (12%) of the lot area, to a maximum size of eight hundred (800) square feet. The combined square footage of all structures, including the principal building, on the lot shall be in conformance with any maximum permitted building coverage and impervious surface requirements for the zoning district, as defined by this zoning ordinance.
LaGrange Zoning Ordinance
9-102 HOME OCCUPATIONSA. Authorization. Subject to the limitations of this Section 9-102, any home occupation that is
customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit.
B. Definition. A home occupation is a business, profession, occupation, or trade that: 1. Is conducted for gain or support by a full-time occupant of a dwelling unit; and
2. Is incidental and secondary to the use of such dwelling unit for dwelling purposes; and 3. Does not change the essential residential character of such dwelling unit.
C. Certificate of Zoning Compliance Required. No home occupation shall be established or maintained unless a Certificate of Zoning Compliance shall have first been issued in accordance with the provisions of Section 14-201 of this Code.
D. Use Limitations.
1. General Limitations. Every home occupation shall comply with the use limitations applicable in the district in which it is located.
2. Employee Limitations.
(a) The entrepreneur of every home occupation shall be domiciled in the dwelling unit where such occupation is conducted.
(b) No more than one person who is not domiciled in the dwelling unit where a home occupation is conducted shall be employed in connection with, or otherwise participate in the operation of, such occupation. This limitation shall not apply to employees who do not work at the dwelling unit devoted to such occupation.
3. Structural Limitations.
(a) No alteration of any kind shall be made to the dwelling unit where a home occupation is conducted that would change its residential character as a dwelling unit, including the enlargement of public utility services beyond that customarily required for residential use.
(b) No separate entrance shall be provided in connection with the conduct of any home occupation. 4. Operational Limitations.
(a) Except for the operation of a day care home, every home occupation shall be conducted wholly within a principal dwelling unit or permitted accessory structure.
(b) Except for the operation of a day care home, no more than a total of 600 square feet of floor area (exclusive of garage floor area devoted to permissible parking of vehicle used in connection with the home occupation) of any dwelling unit or any permitted accessory structure shall be specially designed and set aside exclusively for the conduct of a home occupation.
(c) Stock in trade shall not be routinely displayed or sold on the premises of any home occupation. (d) No routine attendance of patients, clients, subcontractors, or employees associated with any home occupation shall be allowed at the premises of the home occupation except that attendance of up to eight children at any one time may be allowed at a day care home operated as a home occupation and that the attendance of up to two persons at any one time may be allowed for the purpose of receiving private instruction in any subject or skill. "Routine attendance" means that the conduct of the home occupation requires non-domiciled persons to visit the premises of the home occupation as part of the regular conduct of the occupation, without regard to the number, frequency, or duration of such visits. (e) No mechanical, electrical, or other equipment that produces noise, electrical or magnetic
interference, vibration, heat, glare, emissions, odor, or radiation outside the dwelling unit that is greater or more frequent than that typical of equipment used in connection with residential occupancy shall be used in connection with any home occupation.
(f) No outdoor storage shall be allowed in connection with any home occupation.
(g) No refuse in excess of the amount allowable for regular residential pick-up shall be generated by any home occupation.
(h) Vehicles used in connection with any home occupation shall be subject to the requirements of Paragraph 9-101C4 of this Code.
5. Hours of Operation. No day care home shall accept the attendance of children except between the hours of 6:00 a.m. and 9:00 p.m.
6. Signage and Visibility.
(a) No sign shall advertise the presence or conduct of a home occupation.
(b) No home occupation shall be in any manner visible or apparent from any public or private street. 7. Traffic Limitations. No home occupation shall generate more traffic than is typical of residences in the area.
8. Nuisance Causing Activities. In addition to the foregoing specific limitations, no home occupation shall cause any nuisance or be noxious, offensive, or hazardous.
9. Licensing Requirements. Every home occupation shall be subject to applicable business licensing and inspection requirements, and shall comply with all applicable State and local laws and regulations, including licensing and permitting requirements.
4. Garages as Dwelling Units. No garage or other accessory structure shall be used or occupied as a dwelling unit in any residential district.
(4) no detached garage in any single family residential district shall exceed the following gross floor area maximums:
(i) Lots 6,500 square feet or less in total lot area: 484 square feet; (ii) Lots 6,501 to 10,000 square feet in total lot area: 600 square feet; (iii) Lots greater than 10,000 square feet in total lot area: 660 square feet.
No more than one garage, whether detached or attached to the principle structure on the lot, shall be permitted on any lot in a residential district.
Height Limitation for Accessory Structures. No accessory structure shall exceed 15 feet in height, measured in accordance with the definition of height in Subsection 16-102H of this Code, or 19 feet in maximum height; provided, however, that (i) flagpoles may extend to a height of 10 feet above the highest point of the roof of the principal structure and (ii) the height of any antenna with a surface area in excess of 10 square feet shall be governed by Subsection 9-101C of this Code.
9. Side and Rear Yard Regulations for Accessory Uses and Structures. Except as otherwise provided herein, parking areas wherever located and other detached accessory uses and structures when entirely located within the rear 30 feet of a lot shall not be required to maintain an interior side or rear yard in excess of three feet. This regulation shall not apply to residential recreational facilities or antennas and antenna support structures. No accessory use or structure, or combination of such uses or structures, located within an otherwise required side or rear yard pursuant to this Paragraph shall occupy more than 40 percent of any such required yard. Refer to subparagraph 9-101C4(c)
12. Minimum Setback for Garages. Notwithstanding any other provision of this Code to the contrary, an attached garage in any single family residential district shall be set back from the front lot line to a point not more than 10 feet in front of the average front building line of the remainder of the principle structure to which it is attached.
Hinsdale Zoning Ordinance
Sec. 9-102:Home Occupations:A. Authorization: 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. B. Definition: A "home occupation" is a business, profession, occupation, or trade that:
1. Is conducted for gain or support by a full time occupant of a dwelling unit; and
2. Is incidental and secondary to the use of such dwelling unit for dwelling purposes; and 3. Does not change the essential residential character of such dwelling unit.
C. Use Limitations:
1. Employee Limitations:
(a) The entrepreneur of every home occupation shall be domiciled in the dwelling unit where such occupation is conducted.
(b) No more than one employee who is not domiciled in the dwelling unit where a home occupation is conducted shall be present in connection with, or otherwise participate in the operation of, a home occupation at any one time. For the purposes of this subsection, the term employee shall not include persons domiciled in the dwelling unit where such home occupation is conducted. This limitation on the number of employees shall not apply to employees who do not work at the dwelling unit devoted to such home occupation.
2. Structural Limitations:
(a) No alteration of any kind shall be made to the dwelling unit where a home occupation is conducted that would change its residential character as a dwelling unit, including the enlargement of public utility services beyond that customarily required for residential use. (b) No separate entrance shall be provided in connection with the conduct of any home occupation.
3. Operational Limitations:
(a) Every home occupation shall be conducted wholly within a principal dwelling unit or permitted accessory structure; provided, however, that this subsection shall not apply to a daycare home operated as a home occupation.
(b) No more than a total of six hundred (600) square feet of floor area (exclusive of garage floor area devoted to permissible parking of vehicles used in connection with the home occupation) of any dwelling unit or any permitted accessory structure shall be specially designed, arranged,
or set apart for the conduct of a home occupation; provided, however, that this subsection shall not apply to a daycare home operated as a home occupation.
(c) No stock in trade shall be displayed or sold on the premises of any home occupation.
(d) No routine attendance of patients, clients, subcontractors, or employees (except as provided in subsection C1(b) of this section) associated with any home occupation shall be allowed at the premises of the home occupation except that attendance of up to eight (8) children at any one time may be allowed at a daycare home operated as a home occupation and that the
attendance of up to four (4) persons at any one time may be allowed for the purpose of receiving private instruction in any subject or skill. "Routine attendance" means that the conduct of the home occupation requires nondomiciled persons to visit the premises of the home occupation as part of the regular conduct of the occupation, without regard to the number, frequency, or duration of such visits.
(e) No mechanical, electrical, or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare, emissions, odor, or radiation outside the dwelling unit or any permitted accessory structure that is greater or more frequent than that typical of equipment used in connection with residential occupancy shall be used in connection with any home occupation.
(f) No outdoor storage shall be allowed in connection with any home occupation.
(g) No refuse in excess of the amount allowable for regular residential pick up shall be generated by any home occupation.
(h) Vehicles used in connection with any home occupation shall be subject to the requirements of subsection 9-101D4 of this article.
4. Signage And Visibility:
(a) No sign shall advertise the presence or conduct of the home occupation.
(b) No home occupation shall be in any manner visible or apparent from any public or private street.
5. Traffic Limitations: No home occupation shall generate more vehicular or pedestrian traffic than is typical of residences in the area.
6. Nuisance Causing Activities: In addition to the foregoing specific limitations, no home occupation shall cause or create any nuisance, or cause or create any substantial or undue adverse impact on any adjacent property or the character of the area, or threaten the public health, safety or general welfare, or be noxious, offensive, or hazardous.
7. Conformance With Laws And Regulations: Home occupations shall comply with all applicable federal, state, and local laws and regulations. (1991 Code; Ord. O2016-18, 4-19-2016)
A. Maximum height (feet or stories, whichever is more restrictive): Accessory structures 15 ft.
F. Maximum building coverage:
2. Maximum total accessory uses 10%
Side And Rear Yard Regulations For Accessory Structures And Uses: Parking areas wherever located and other detached accessory structures and uses when located within the rear twenty percent (20%) of the lot shall not be required to maintain an interior side or rear yard in excess of two feet (2'); provided, however, that when the rear yard of such lot abuts the side yard of an adjacent lot, then detached accessory structures and uses shall not be located closer than six feet (6') from said side yard, and provided further, however, that the exception provided by this subsection shall not apply to residential recreational facilities or antennas and antenna support structures. No accessory structure or use, or combination of such structures or uses, other than permitted accessory parking garages, located within an otherwise required side or rear yard pursuant to this subsection shall occupy more than thirty percent (30%) of such required yard.
2006 INTERNATIONAL RESIDENTIAL CODE
Definitions:
Dwelling: A building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
Dwelling Unit: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
