9.1. PCSR 05-23-2023 - Laserfiche WebLink

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Prohibited Uses Staff are recommending motor vehicle repairs and/or sales be placed back on the prohibited activities as this use has been challenging for the past few years. Staff would like to discuss the option of exceptions to this, and the repair of internal combustion engines, for parcels over five acres in size. Staff are also seeking input on any other types of uses the commission would like to see placed on the prohibited activities list. Interim Use Permits During the previous work session, the commission was in favor of renters being allowed to operate a business from the residential property they are renting, through an Interim Use Permit (IUP) process. Staff are recommending the IUP be valid for a maximum of three years or until the lessee no longer resides on the parcel, whichever comes first. An amendment to an IUP can be processed if an extension is needed after the three-year permit. An IUP will be subject to any decisions made regarding architects. Conditional Use Permits (CUP) Staff are recommending two criteria for occupations being run out of an accessory structure. The property shall be outside of the Urban Service District, or on lots that are 2 ½ acres or larger within the Urban Service District, with no city services available. Any structure and/or outdoor storage area shall be set back a minimum of 150 feet from any existing structure on a neighboring parcel while maintaining accessory structure setbacks, whichever is greater. Professional Design Services Staff are recommending adding a section explaining city and state regulations for commercial businesses located in residential districts and to clearly outline what occupations need to have professional design services, again alleviating the need for staff to make the determination on which residential business owner is, or is not, required to hire an architect. Is it as simple as stating any use in accessory structures that has employees, customers, and/or patrons is required to have an architect? Late discussions with the city attorney indicate this is a zoning ordinance and requirements for an architect are a building permit issue. Staff will continue their conversation with the city attorney and hopefully have an answer at the meeting. Commercial Building Codes and Scenarios Once uses requiring an architect are determined by the council, it is staff’s interpretation of state statutes and building codes that even if a structure does not require an architect, it still must meet all applicable commercial building, electrical, plumbing, mechanical, and fire codes. An architect is just one piece of the project process. It is understood, from a zoning standpoint, how uses such as auto repair or cabinet shops with the storage of chemicals/solvents, fuels, dust, fumes, and loud tools would need to be reviewed through a CUP process. Direction received indicates the city can affirm these types of uses need to be reviewed/designed by a licensed professional. Here are a few scenarios showing some of the questions staff deal with when dealing with home occupations. What direction should be taken with a use that would have minimal impact on the surrounding area? The owner of a house has 16 acres with a 4,000 square foot existing detached barn finished on the interior, with another 9,000 square foot detached pole building adjacent to it. They want to operate a wedding venue from the barn and park patron vehicles in the larger pole building so they are not visible to the neighbors. The barn structure is laid out to hold 75-125 people and the space between the buildings can be utilized for outdoor weddings when the weather allows. The nearest home is about 800 feet away. There is no production of any products, minimal deliveries, no dangerous chemicals, or fumes, but possibly some party noise until 11:00-midnight. Receiving a CUP will address