Approval of Planning Commission Minutes April 5, 2018

Transcription

1 AGENDA CITY OF DAYTON, MINNESOTA So. Diamond Lake Road, Dayton, MN Thursday, May 3, 2018 REGULAR MEETING OF THE PLANNING COMMISSION - 7:00 P.M. 7:00 I CALL TO ORDER 7:00 II PLEDGE OF ALLEGIANCE 7:00 III APPROVAL OF AGENDA 7:00 IV CONSENT AGENDA These routine or previously discussed items are enacted with one motion A. Approval of Planning Commission Minutes April 5, :05 V OPEN FORUM VI REGULAR MEETING is limited to 3 minutes for non-agenda items; state your name and address; No Commission Action will be taken and items will be referred back to staff 7:10 B. 7:30 C. 7:50 D. Amendments to Zoning Ordinance Pertaining to Tree Preservation and Replacement, Section ; Ord Amendments to Zoning Ordinance Pertaining to Accessory Buildings and Structures, Section ; Ord Amendments to Zoning Ordinance Pertaining to Home Occupation, Section , , ; Ord VII NOTICES AND ANOUNCEMENTS 8:15 E. The next Planning Commission Meeting is tentatively scheduled for June 7, :15 VIII ADJOURNMENT The City of Dayton's mission is to promote a thriving community and to provide residents with a safe and pleasant place to live while preserving our rural character, creating connections to our natural resources, and providing customer service that is efficient, fiscally responsible, and responsive.

2 MINUTES OF THE April 5, 2018, PLANNING COMMISSION Schmitz called the April 5, 2018, Planning Commission Meeting to order at 7:00 P.M. Roll Call Present: Planning Commission members Schmitz, Sevald, Faulds, Dahlheimer and Kangas Absent: none Also in Attendance: Tina Goodroad, City Administrator/Development Director; Alec Henderson, Associate Planner and Councilmember Bob O Brien Approval of Agenda Sevald moved to approve the agenda, and Faulds seconded. All ayes, and the motion passed. Open Forum No one spoke. Consent Agenda A. March 8, 2018 Planning Commission Minutes Motion: Faulds moved to approve, Sevald seconded, the Planning Commission meeting minutes from March 8, Motion passed. Clarification that agenda reads February, should read March. Open Forum None AGENDA ITEMS B. Amendments to Zoning Ordinance Pertaining to Home Occupation, Section Goodroad introduced that this is a public hearing. The intent is for Panning Commission and Council to get two meetings each with this ordinance so ample input is received before any action is made. The intent of this ordinance is to not adversely impact residential character. Goodroad explained briefly the proposed new Ordinances and home occupation types. Three categories: Telecommuting, Administrative Permit (basically a registration with conditions for the intensity of the work), and IUP (Interim Use Permit) more intensive home occupations that require Council approval. No outdoor storage has been clarified. How many vehicle trips was expanded on (rather than a vague characterization). In the Home Extended Business, we bring up lot sizes. What is the proper lot size for a more intense use? If there is more space, there is less likely to be adverse impacts on neighbors. This ordinance was written to be the most restrictive and intended changes would be based on recommendations from the Commission and Council.

3 Kangas thinks there is a big difference between a business that uses machinery or increases traffic vs computer or office work. Schmitz took a look at other cities, Maple Grove: if we can t hear, see it, or smell it, it should not be an issue. Other cities regulate by parking, or lot sizes. This seems too strict. Goodroad explained we would be in favor of simplifying the Ordinance or having just administrative. We do not, though, want to rely solely on code violations. Sevald is trying to create a list of what types of occupations are in each category. Permitted could be computer work, Administrative could be a hair salon, Home Extended could be auto repair. Goodroad replied this is where it gets complicated. It is hard to create lists. We can adjust lot sizes and parking to address some of the major issues. I think we are in agreement of Type 1, and Type 2, The tripping point is the Home Extended Business. I guess we need to know specifically what is not right about the draft so we can move forward. What is too restrictive; is it employees? Vehicles? Outdoor Storage? Lot size may be the only way we can get flexibility. We do not want to get to the point where there is unreasonable use in areas that do not mesh with surrounding residential. Kangas asked if there were any current complaints. Goodroad answered yes. We have a full-fledged landscaping business on a keyboard lot that has many vehicles coming and going, noise, fumes. The neighbors have been calling. The problem is enforcement. This business has been kicked out of a City to the East. O Brien stressed that we need to have an Ordinance in place as outside storage is an issue too. Bruce Carty th Ave N, owns just under 2.5 acres and lives next to the business Goodroad just described. Has lived next to a metal worker for 32 years who did work, quit and ate at a normal eating time like the rest of us and we had no problems. Sometimes there was noise, but it was not obnoxious. We now have a new guy who saw an angle with the Ag zoning and has come in. The landscaping business came in 2 years ago, in the time that he has done this he has like thirty employees. He s refurbishing homes and dumping debris on the lot. They have large trucks. Going 24 hours, 7 hours a week. They also do snow plowing and they are firing everything up and getting the plows ready. I am up wind from him and he s burning brush every night in the summer, so we cannot use our windows. I liked him when I first met him, but he s a hustler. He has a good business, but it is not a home business - it is commercial. He rents the house out to his brother. The Commission talked and pointed out that there are several issues with what is going on next to the Carty lot. It seems that they would need a burn permit for the types of fires that they are having and sounds like the property should also have a rental permit.

4 Carty mentioned that the piles are getting insane. They have a leaf dump that is rotting and I have talked to him about it, but he hasn t been doing much. Clearly, he was never planning on living there. Probably living in Champlin for a long time. Goodroad confirmed that he does not have an IUP, so he definitely would need to get that at a minimum. Sevald mentioned we need to fill some holes in the Ordinance. We say employee, but he could say they are independent contractors. Its clear this site is not the right place for this business. Schmitz asked Carty how wide his lot is. Carty replied 120 wide. It s a sliver. Faulds stated it seems distance would be the key. We can simplify it to distance, parking, and if you see it. I think if you get the permit to know its there, then you go beyond and you bring in the distance/parking requirements. Goodroad I m hearing simplify, help me understand what is not okay. Schmitz okay with the IUP, I think we need it. Tom Potter Hemlock Lane; has a large truck (an F550), I don t work out of my home, just park my truck inside my outbuilding. It s about nuisances, if I am a good neighbor I should do my business. If I am a bad neighbor? Like the landscaping business - that s his problem? I d be livid too if I lived next to that landscaping company. Its about noise, smell, whatever. Then bring the hammer down. Most landscaping businesses have at lease a small dump truck, probably an F-350 or F-550. The only difference is suspension. If you are going to limit things it should be off of look, smell and noise, not the size of the truck. Faulds can t believe the current Ordinance would not have the teeth to stop the landscaper. Goodroad explained he came in at the same time as the moratorium. Carty asked who he should call? The police? Goodroad responded; Yes, The Chief of police suggests to call 911 so we have things on record. We are trying to get an ordinance in place that can apply across the board and apply to every case so we are not writing this for one problem. Carty mentioned this guy running his business is not even living there, he s running the business doing whatever he wants and renting out the house.

5 Kangas inquired; I know you don t have the staff, but when you already have a complaint, what is the process - is it a cease and desist letter? Faulds input; even now, if its not permitted, even if he were to apply, it is not allowed. What do we do? The Commission continued conversation and directing staff on changes they would like to see. Motion by Kangas, second by Schmitz to table supporting amendments to Zoning Ordinance pertaining to Home Occupation. Discussion by Faulds asking about the sewer and water availability changing things as it comes in. C. Amendments to Zoning Ordinance Pertaining to Screening and Outdoor Storage in Industrial and Business Districts Section , and Henderson walked through the draft Ordinance and pointed out the basic changes. Most changes are cleaning up redundancies. Sevald inquired; what about a ten-million-dollar business that is all outdoor storage? Commission discussed and if they did a good job maintaining it there would not be a problem. The Commission talked through some of the changes that they would like to see in the Ordinance. Motion by Sevald, second by Schmitz for supporting amendments to Zoning Ordinance pertaining to Screening and Outdoor storage in Industrial and Business Districts with the two amendments discussed. D. Amendments to Zoning Ordinance Pertaining to Fences in Section , Henderson explained that this cleans up the Ordinance to match other sections, change the old references and update them to the new design requirements. Change RO district standards to 3 ft, and anything over is not allowed. The Commission spoke to the 20 foot setback requirement to the RO district and would like it to read edge of right away with no fence within the right of way line. Motion by Kangas, second by Sevald for supporting amendments to Zoning Ordinance pertaining to Fences. NOTICES AND ANNOUNCEMENTS E. The next Planning Commission meeting is tentatively scheduled for May 3, 2018.

6 City Council Update Councilmember O Brien updated on decisions made during the 3/13/18 Council meeting which included approval of final plat to River Hills 8 th addition, reviewed access networks for expanded high speed internet and approved final plat of Diamond View Estates 2 nd addition. Presentations from that meeting included Pine Meadows revised concept plan. Council likes the plan without access to Dayton River Road and additional park property. Approved sending a voluntary RFP out for land acquisition for future community park. O Brien noted that he was unable to attend the March 28 th meeting so he did not have any updates for that. ADJOURN Schmitz moved to adjourn, Dahlheimer seconded the motion. All ayes, and the motion passed. Meeting adjourned at 9:15 p.m. Respectfully submitted, Amy Benting

7 CITY OF DAYTON Meeting Date: PLANNING COMMISSION Item: B ITEM: Amendments to Zoning Ordinance related to Tree Preservation and Replacement, Tree Disease and Landscaping Requirements, Section BACKGROUND/OVERVIEW: While reviewing landscaping and tree preservation plans from recent developments, an inconsistency between the Tree Preservation and Tree Replacement subjections was brought to light that made administering the ordinance difficult. Subdivision 3, Removal Threshold, determines the threshold of tree removal before having to replace trees: Development in residential districts may remove or disturb up to 50% of the total number of significant trees. Any removal or disturbance beyond this threshold shall require restoration. Significant trees removed for water quality treatment ponds, public trails, sidewalks and collector or arterial roads are exempt from the removal threshold calculation. [The removal threshold for non-residential districts also by total number of significant trees.] However, the replacement guidelines are in terms of inches of tree, rather than number of trees. This adds confusion for addressing which individual trees should be considered to be calculated as part of the threshold. It is believed that two years ago, when this section was last revised, that the reference to individual trees was meant to read in inches similar to what was suggested for the tree replacement guidelines, but through multiple iterations and Commission and Council reviews this may have been missed. Proposed Amendments: The attached amendment is in ordinance format. The underline reflects proposed new text, strikeout reflects text that is proposed to be removed or changed and text with neither underline nor strikeout reflects no change to the text. Section Tree Preservation and Replacement, Tree Disease and Landscaping Subd. 2 Definitions Clarify definitions to include an abbreviation for Diameter at Breast Height (DBH) for trees, and clarify what is meant by measurement. Diameter at Breast Height (DBH) The measurement diameter of a tree s trunk measure measured 4.5 feet above the ground. 1

8 Subd. 2 Removal Threshold The proposed change to removal threshold language would better reflect the replacement inches policy. With the current ordinance reading as number of trees, there could potentially be different outcomes of necessary replacement inches depending on which trees are chosen to be allowed within the threshold. Using total inches as the threshold, rather than number of individual trees, treats tree coverage on a site more comprehensively. ATTACHMENTS: Proposed Ordinance Amendments 2

9 ORDINANCE NO CITY OF DAYTON HENNEPIN AND WRIGHT COUNTIES, MINNESOTA AN ORDINANCE AMENDING DAYTON CITY CODE RELATING TO SECTION TREE PRESERVATION AND REPLAEMENT, TREE DISEASE AND LANDSCAPING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF DAYTON DOES ORDAIN: SECTION 1. AMENDMENT. Dayton City Code Section is hereby amended by adding the following underlined language and deleting the following strikethrough language, which reads as follows: TREE PRESERVATION AND REPLACEMENT, TREE DISEASE AND LANDSCAPING REQUIREMENTS Subd. 2 Definitions For the purpose of this subchapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning. Diameter at Breast Height (DBH) The measurement diameter of a tree s trunk measure measured 4.5 feet above the ground. Subd. 3 Removal Threshold (1) Development in residential districts may remove or disturb up to 50% of the total number of inches of significant trees DBH. Any removal or disturbance beyond this threshold shall require restoration. Significant trees removed for water quality treatment ponds, public trails, sidewalks and collector or arterial roads are exempt from the removal threshold calculation. (2) Development in non-residential districts may remove up to 70% of the total number of inches of significant trees DBH. Any removal or disturbance beyond shall require reforestation. Significant trees removed for water quality treatment ponds, public trails, sidewalks and collector or arterial roads are exempt from the removal threshold calculation. SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Adopted by the City Council of the City of Dayton this 8th day of May, year Mayor

10 Res ATTEST: Deputy City Clerk Published in the Champlin Dayton Press on Page 2 of 2

11 CITY OF DAYTON Meeting Date: PLANNING COMMISSION Item: C ITEM: Amendments to Zoning Ordinance related to Accessory Buildings and Structures, Section , Ordinance BACKGROUND/OVERVIEW: During the review of other zoning ordinances (Fences, Landscaping Screening, etc.) it came to staff s attention that the Accessory Buildings section contained outdated references. The RT district is now the R-3 district, but the reference to this district remained in the Accessory buildings code. Minnesota State building code has also change the minimum square footage requirements for a building permit from 120 to 200. The references must also change to reflect the State Building Code. Proposed Amendments: The attached amendment is in ordinance format. The underline reflects proposed new text, strikeout reflects text that is proposed to be removed or changed and text with neither underline nor strikeout reflects no change to the text. Section Accessory Buildings and Structures References to 120 square feet limits have been changed to reflect more recent 200 square foot building permit minimum. The table in Subd. 5 Residential Districts listed R-T, Attached and Detached Transitional Residential District. This would be changed to R-3, Single-Family Attached and Detached. ATTACHMENTS: Proposed Ordinance Amendments 1

12 ORDINANCE NO CITY OF DAYTON HENNEPIN AND WRIGHT COUNTIES, MINNESOTA AN ORDINANCE AMENDING DAYTON CITY CODE RELATING TO ACCESSORY BUILDINGS THE CITY COUNCIL OF THE CITY OF DAYTON DOES ORDAIN: SECTION 1. AMENDMENT. Dayton City Code Section 1001 is hereby amended by adding the following underlined language and deleting the following strikethrough language, which reads as follows: ACCESSORY BUILDINGS AND STRUCTURES Subd. 2 General Regulations (1) No accessory building or structure shall be permitted on any lot, in any district, prior to the time of construction of the principal building to which it is accessory, except for a building devoted exclusively to agricultural use, and on a parcel of land at least 10 acres in size and zoned A-l or A-2 or 20 acres in size and zoned S-A. (2) The City Council may allow the construction of an accessory building prior to the principal structure being constructed if a building permit is taken out for both structures and an appropriate escrow deposit and agreement is made between the applicant and the City to provide for forfeiture in the event the principal structure is not built within the time specified. (3) All accessory storage buildings square feet in area or less except those used for agricultural purposes shall be located in the rear yard between the rear property line and the rear of the main structure no closer than 5 feet to any property line or 20 feet to a side lot line, if adjacent to any public street right-of-way. (4) In case an accessory building is attached to the main building it shall be made structurally a part of the main building and shall comply in all respects to the main building. An accessory building, unless attached to and made a part of the main building shall not be closer than 10 feet to the main building, except as otherwise provided in this Subsection. (5) Accessory building design requirements: a. The exterior materials of the proposed accessory building shall be complementary in color, texture or materials and of equal or greater quality with those of the principal dwelling. No accessory building shall be constructed of canvas, plastic, fabric or other similar nonrigid materials. b. In all Residential Zoning Districts, no post frame construction shall be constructed in whole or in part on lots less than 80,000 square feet. For purposes of this section, a post frame construction is defined as a structure, the basic support and framework of which is provided by wooden poles inserted vertically into the ground similarly to telephone poles.

13 Res c. Architectural metal siding can be used as a permitted material provided it is complementary in color to the principle structure. Any exposed screws or fasteners shall match the color of the siding. Roof material shall be asphalt shingles or standing seam metal roof material. d. Vertical siding shall be in 2 colors on all 4 sides of the structure. Horizontal siding shall match the principle structure and include trim or other design element to provide a visual break in the siding. e. The accessory building shall include design elements that match the principal structure. This shall include additional accenting through the use of a porch, complementary building trim, window/door trim, dormer, wainscoting, or other elements that are complementary to the principle building. f. Any application for a post frame construction accessory structure in residential districts shall require a site plan review and approval by the Planning Commission prior to issuance of a building permit and shall be accompanied by a color photo of the existing primary structure on site and a colored elevation plan of the proposed accessory structure with exterior building materials indicated. A fee for site plan review by the Planning Commission to cover administrative costs shall also accompany the application and shall be determined by the current adopted Fee Schedule. (6) For Commercial and Industrial Districts, the exterior materials shall meet the exterior building materials requirements as specified in this Code. (7) All accessory storage buildings in any zone, shall be maintained and kept in a neat and orderly fashion, specifically, structurally sound, no excessive flaking or peeling; if a metal building, no excessive rusting upon or through the walls, floor or roof. Any building which is not so maintained shall be removed by the property owner or upon due notice, the building may be removed by the City at the property owner s expense. (8) No permanent accessory storage building shall be located in any public utility easement or easements of record. Where any question arises as to the location or design of accessory buildings, the City Administrator or designee may refer the matter to the City Council for final determination. (9) All accessory buildings shall be suitably anchored to the ground. (10) Any accessory building in excess of square feet shall require a building permit issued by the City of Dayton and shall be constructed to the standards of the Minnesota State Building Code. (11) For the purpose of this Subsection, gazebos, decks, patios, and other unenclosed residential uses of property similar in nature shall be excluded from the definition of the term accessory building. (12) Consideration shall be given to provide for the future expansion and/or replacement of the septic system. Any application for an accessory structure in a non-sewered site shall be accompanied by a certified septic compliance certificate and a site plan showing both the primary and a secondary site suitable for a septic system. The City may deny the requested permit or alter the location to account for future septic system needs. (13) No accessory building or structure shall be permitted on any lot, in any district, without an approved building permit and/or site plan and a declaration of use statement signed by the applicant. (14) Accessory buildings are not permitted in Mixed Use or Business Districts. Page 2 of 8

14 Res Subd. 3 Conditional Use Permits. Application for a conditional use permit under this chapter shall be regulated by Subsection of this Code. Such a conditional use permit may be granted provided that: (1) There is a demonstrated need and potential for continued use of the structure for the purpose stated. (2) No accessory building or private garage shall be utilized for all or a portion of a home occupation, for commercial activities or for commercial storage. (3) No accessory buildings shall be constructed in Business Districts zoned B-1, B-2, B-3, B- 4 or Mixed Use Districts zoned V-M, H-M, 125th Avenue-M without a CUP. (4) The accessory building has an evident reuse or function related to a single-family residential environment in urban service areas, agriculture environment in nonurban service areas, business or industrial use in urban areas of the City. (5) Detached accessory buildings shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. (6) The performance standards and criteria of Subsection of this Code shall be considered and a determination made that the proposed activity is in compliance with such criteria. (7) There is a demonstrated need and potential for an accessory structure taller than the principal structure in all Residential, Mixed Use, Commercial and Industrial zoned districts. Subd. 4 Agricultural Districts (1) Conditional use permit. No building permit shall be issued for the construction of detached accessory buildings on an agriculture parcel exceeding the limits stated below, except by conditional use permit. (2) Site plan approval. a. Building permit required. Detached accessory buildings greater than square feet in floor area shall require a building permit. The Building Official shall review the site plan and construction drawings to determine compliance with the Building Code and other applicable ordinances, laws, and regulations. (3) Setbacks and encroachment. Setbacks Front, side or rear to a street A-1, Agricultural District A-2, Agricultural District S-A, Special Agricultural District Front, side or rear to an arterial street Side yard Rear yard 30 feet 50 feet 10 feet 10 feet *Accessory building height shall not exceed the principle dwelling height (4) Accessory building performance standards. Page 3 of 8

15 Res a. Accessory buildings and structures constructed for agricultural purposes in Agricultural Districts (A-1, A-2, S-A) are permitted as impervious coverage allows in Section Subd. 9 and Subd. 10. b. On parcels of less than 1 acre there shall be no more than 2 detached accessory structures and the total area of all detached accessory buildings shall not exceed the footprint of the principal dwelling. c. The footprint of the principal building includes attached garage area, if any. d. The exterior materials for residential accessory buildings must be comparable to the exterior materials of the principal dwelling. Residential accessory buildings shall have eaves and overhangs. e. No new accessory structures are permitted on the non-homestead outlot. Existing structures at the time of creation of the outlot will become legal non-conforming structures. Subd. 5 Residential Districts (1) Conditional use permit required. No building permit shall be issued for the construction of more than 1 detached accessory building on a single parcel in addition to 1 private garage (attached or detached), except by conditional use permit. (2) Site plan approval. a. Building permit required. Detached accessory buildings greater than square feet in floor area shall require a building permit. The Building Official shall review the site plan and construction drawings to determine compliance with the Building Code and other applicable ordinances, laws, and regulations. (3) Setbacks and encroachment. R-1, Single-Family Residential District (less than 50,000 sq. ft.) R-1A, Single-Family Residential District with Lot Averaging R-T, Attached and Detached Transitional Residential District R-3, Single-Family Attached and Detached Front, side or rear to a street Front, side or rear to an arterial street Side yard Rear yard Height Size limit * Cannot be placed in front yard 30 feet* 50 feet 5 feet 5 feet 16 feet** ** Cannot exceed the height of the principal structure 800 square feet R-1, Single-Family Residential District (more than 50,000 sq. ft.) Front, side or rear to a street 30 feet* Page 4 of 8

16 Res Front, side or rear to an arterial street 50 feet Side yard 5 feet Rear yard 5 feet Height 35 feet** Size limit 1,200 square feet * Cannot be placed in front yard ** Cannot exceed the height of the principal structure R-2, Single Family Residential District R-E, Single Family Estate Residential District Front, side or rear to a street 30 feet* Front, side or rear to an arterial street 50 feet Side yard Rear yard Height Size Limit Under 2.5 acres 10 feet 15 feet 35 feet** 1,250 sq. ft acres 1,750 sq. ft acres 2,000 sq. ft. 10+ acres As per impervious coverage limits * Cannot be placed in front yard ** Cannot exceed the height of the principal structure Front, side or rear to a street Front, side or rear to an arterial street Side yard Rear yard R-M, Medium Density Residential District R-H, High Density Residential District 30 feet* 25 feet 10 feet 10 feet Page 5 of 8

17 Res Height Size limit * Cannot be placed in front yard 10 feet** 800 square feet ** Limited to 1 story with maximum sidewall of 10 feet measured from floor surface to underside of the ceiling member RMH, Manufactured Housing District Front, side or rear to a street Page 6 of 8 15 feet* Front, side or rear to an arterial street 5 feet Side yard Rear yard Size limit * Cannot be placed in front yard 10 feet 5 feet 800 square feet ** Cannot exceed the height of the principal structure (4) Detached accessory buildings not exceeding square feet in floor area. a. All detached accessory buildings less than square feet shall be set back at least 6 feet from any other building or structure on the same lot and shall not be located within a required buffer yard or drainage and/or utility easement. b. Such structures may encroach into the required side or rear yard setbacks when located in the rear yard of the lot, except in the case of a side yard of a corner lot abutting a public street. c. When encroachment into required side or rear yard setbacks is allowed, such detached accessory buildings shall be set back at least 5 feet from all adjoining lots. (5) Detached accessory buildings exceeding square feet in floor area. a. All detached accessory buildings in excess of square feet shall be set back at least 10 feet from any other building or structure on the same lot and shall not be located within a required buffer yard or drainage and/or utility easement. b. Such structures may encroach into the required side or rear yard setbacks when located in the rear yard of a lot, except in the case of a side yard of a corner lot abutting a public street. c. When encroachment into required side or rear yard setbacks is allowed, such detached accessory buildings shall be set back at least 10 feet from all adjoining lots. (6) Attached private garages. A private garage attached to the principal building shall not exceed 1,000 square feet as measured by interior dimensions and shall be subject to all building and setback requirements of the principal structure, except as provided for herein. (7) Animal enclosures. a. Notwithstanding Subdivision 5(7)c. of this Subsection, domestic animal enclosures shall not be placed in the front yard or in the side yards abutting a street, shall not be placed closer than 10 feet to any property line, and shall not be placed closer than 25 feet to any dwelling unit other than on the owner s property.

18 Res b. No encroachment shall be permitted in existing or required buffer yard or drainage and/or utility easements. c. Screening and/or a hard surface will be required if problems occur with appearance, noise, odor, and sanitation as determined by the Zoning Administrator. d. No such enclosure shall exceed square feet, unless approved through an administrative permit. (8) Temporary shelters. Unless mounted on a trailer or equipped with wheels, temporary shelters, ice fishing houses or other such structures used or designed to be used as temporary shelters shall be considered accessory buildings and shall be subject to the setback, square footage and other regulations of this Code. Setbacks and Encroachment Front, side or rear to a street Side yard Rear yard Height Structure sidewall Size Limit Parcels 12,000 sq. ft. and larger Parcels under 12,000 sq. ft. RO, Historic Village Residential District * Accessory structure cannot be placed in front yard ** Cannot exceed the height of the principal structure 30 feet* 5 feet 5 feet 16 feet** 8 feet 1,000 sq. ft.*** 800 sq. ft.*** *** Size limit includes all attached and detached garages and accessory structures (9) Special provisions. a. There shall be no more than 2 detached accessory structures on any lot and the total area of all detached accessory buildings and attached garages shall not exceed the footprint of the principal dwelling. b. The exterior materials for residential accessory buildings must be comparable to the exterior materials of the principal dwelling. Accessory buildings shall have eaves and overhangs with a roof pitch matching that of the principal structure. A minimum of a 4:12 roof pitch shall be required. c. No accessory structures may be located in front of the dwelling. Subd. 6 Industrial Districts Page 7 of 8

19 Res (1) Conditional use permit required. No building permit shall be issued for the construction of more than 1 detached accessory building on a single parcel in addition to 1 private garage (attached or detached), except by conditional use permit. (2) Site plan approval. a. Building permit required. Detached accessory buildings greater than square feet in floor area shall require a building permit. The Building Official shall review the site plan and construction drawings to determine compliance with the Building Code and other applicable ordinances, laws, and regulations. (3) Setbacks and encroachment. I-1, Light Industrial District I-2, Heavy Industrial District B-P, Business Park District Front, side or rear to a street 40 feet, 60 feet next to residential* Side yard Rear yard Maximum floor area ratio * Cannot be placed in front yard 10 feet, 20 feet next to residential 20 feet, 20 feet next to residential.50 FAR ** Cannot exceed the height of the principal structure (Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ) SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Adopted by the City Council of the City of Dayton this day of year. ATTEST: Mayor Deputy City Clerk Published in the Champlin Dayton Press on Page 8 of 8

20 CITY OF DAYTON Meeting Date: PLANNING COMMISSION Item: D ITEM: Ordinance ; Amendments to Zoning Ordinance , , Home Occupations, Parking. PREPARED BY: Alec Henderson, Associate Planner ACTION: Consider approval of BACKGROUND/OVERVIEW: Over the past year staff, Planning Commission, City Council and staff have been discussing ordinance updates under the moratorium which included Signs, Home Occupations, and Outdoor Storage. Council directed staff to review the current Home Occupation ordinance to ensure that Home Occupations do not adversely impact the residential character in Dayton. With the increase in new residential developments it is important to have standards in place to ensure home occupations do not alter the residential character of the neighborhood or negatively impact immediately surrounding neighbors. The current ordinance breaks Home Occupations in to two types: Administrative Home Occupation and Extended Home Business. The intent of Administrative home occupation is to allow for a low impact occupation at the home which does not adversely impact neighboring properties and may not be obvious to an outside view that a home occupation is being conducted at the residence. The Home Extended business allows (with an Interim Use Permit) for a slightly more intensive occupation which may include some commercial aspects such as an employee other than the resident of the property and use of an accessory building or portion of the garage. However, a Home Extended business is not intended to allow for small commercial business to be operating out of an agriculture or residential homestead property. The intent of the ordinance recommendations today is to repeal and replace the ordinance with Home Occupation Standards which allow for varying types of intensities without creating a nuisance for surrounding properties. The new ordinance breaks Home Occupations into two types: Administrative Home Occupations and Home Extended Businesses. The first level of home occupation is the Administrative Home Occupation. This level is similar to the existing ordinance. This type of Home Occupation allows for limited traffic associated with occupation or a work vehicle. No more than eight vehicle trips (round trip) per day shall occur related to the Home Occupation. The Administrative Home Occupation may not create any parking demand that cannot be accommodated by the driveway. No parking associated with the occupation is allowed on the street. No use of the garage or accessory structure is permitted with 1

21 an Administrative Home Occupation. Similar to the existing ordinance, the Home Extended Business is an Interim Use and required the issuance of an Interim Use Permit (IUP). If the Home Occupation exceeds the general requirements Home Occupations must adhere to as well as the specific requirements for Administrative Home Occupation, the applicant must apply for an IUP which has additional restraints under specific performance standards for Home Extended Businesses. Staff looked to adjacent cities to better understand other standards the City of Dayton was lacking in terms of Home Occupations. Proposed Amendments: The attached amendment is in ordinance format. The underline reflects proposed new text, strikeout reflects text that is proposed to be removed or changed and text with neither underline nor strikeout reflects no change to the text. Definitions section Home Extended Business and Home Occupation definitions were changed to reflect revisions from this most recent draft of Home Occupations. Mentions of the business operator was change to the business owner-operator. Subd. 2 Home Occupation Categories This most recent draft reverts the Categories back to two (Administrative Home Occupation and Home Extended Business). Subd. 3 General Provisions The general provisions section had significant language change in order to clarify the existing language to better reflect the surrounding communities and to create an easier to understand ordinance. Previous general or vague language was give specific requirements such as traffic characteristic to neighborhoods to providing an actual number of trips that is consistent with neighborhood traffic. Vehicle trips related to the home business would be limited to 8 round trips. Akin to 8-hour long client visits for instance. No vehicles or machinery are allowed to run between 10:00pm to 7:00am. Subd. 4 Performance Standards For Administrative Home Occupations, the allowed weight of a vehicle was changed from 4 tons to a gross vehicle weight of 11,700 12,000 lbs. to reflect surrounding area requirements as well as today s vehicles. Any Home Occupation which exceeds the administrative standards must go through the IUP process for a Home Extended Business. Home Extended Business standards have more significant changes. The first change is that these are allowed only in residentially zoned properties of 1 acre or more or in agricultural districts. The intent of this is to ensure that Home Extended Businesses, which may have more traffic or activity than that of a typical residential home have enough room to absorb higher intensity 2

22 occupations. Additional added requirements are: no outdoor storage for properties under 2.5 acres, setback from neighboring structures of 100 feet, use of an accessory building for the occupation would be allowed. Limits on accessory building sizes are by district regulations for accessory buildings. The amount of non-resident employees was reduced from 5 to 1. Subd. 5 Procedures and Permits No major change in substance. The language of the subdivision was clarified. Subd. 6 Non-conforming and Existing Business Uses Home Occupations operating without permit have 30 days to make an application for Administrative or Extended business (reduced from 60 days of the current ordinance). Language was clarified Parking Regulations. In addition to gross vehicle weight requirements being amended to home occupations, the parking regulations in Residential Districts was changed to match. The parking of vehicles is limited to a gross vehicle weight of 11,700 12,000 lbs and/or 9 feet tall. This restriction shall not apply to recreational vehicles or for lots of five acres or more. Agricultural activities operating within agricultural districts are exempt from GVW ratings restrictions. ATTACHMENTS: Proposed Ordinance Amendment Comparison data from neighboring cities 3

23 RULES AND DEFINITIONS. Dayton, Minnesota Zoning and Subdivision Code Subd. 1 Rules. For the purpose of this chapter, words used in the present tense shall include the future tense; words used in the singular shall include the plural, and the plural shall include the singular; the word building shall include the word structure, the word lot shall include the word plot, piece, or parcel; the word person shall include any firm, association, organization, partnership, trust, company or corporation as well as an individual; and the words used for shall include the phrases arranged for, designed for, intended for, maintained for, and occupied for. Subd. 2 Definitions. For the purposes of this chapter, certain terms and words are described as follows: Abandoned Sign Home Extended Business An occupation or profession engaged in, at or from the homestead and/or attached and/or detached accessory building of the business owner-operator. The business owner-operator must reside in the dwelling. The business use may not utilize more 20% 30% of the floor area of the dwelling (excluding any attached garage area). In addition to the resident/business operator, the Home Extended Business may employ a limited number of employees, who do not reside at the home. The primary use of the dwelling shall remain as a residence, and not as a business, shall remain compatible to the neighborhood, and all business-related storage and activities shall take place entirely within enclosed structures on properties less than 2.5 acres. Outdoor storage may be used on properties over 2.5 acres provided it is 100% screened from adjacent properties and right-of-way. Home Occupation Any use conducted entirely within a dwelling and carried on by members of a family residing therein, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof. Occupations or professions, which utilize more than 20% 25% of the dwelling, shall not be considered to be Home Occupations, except for family day cares, which shall be exempt from the 20% 25% regulation. The primary use of the dwelling shall remain as a residence, and not as a business, shall remain compatible to the neighborhood. The business owner-operator must reside in the dwelling. Home Occupations shall not include uses involving outside storage, garages or accessory building and storage areas.

24 Page 1 of 6 Dayton, Minnesota Zoning and Subdivision Code HOME OCCUPATIONS AND HOME EXTENDED BUSINESSES. Subd. 1 Purpose. The purpose of this Subsection is to maintain the character and integrity of residential areas, to prevent competition with commercial districts, to encourage telecommuting, and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this Subsection is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily more sensitive home occupations, so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process. Subd. 2 Home Business Occupation Categories Home businesses shall fall into 2 categories. (1) Administrative Home Occupations are those Home Occupations that have no effect on the surrounding neighborhood. This accessory use may be allowed with and an administrative permit in all agricultural and residential neighborhoods when the occupation conforms to the standards of Subdivisions 3 and 4(1) below. (2) Home extended business Extended Businesses are those Home Occupations that typically involve more significant element of commercial-type activity that has may have a minimal effect on the surrounding neighbors. This type is allowed only if no adverse impact on the neighbors can be guaranteed This accessory use may be allowed if the use meets all the criteria of Subdivisions 3 and 4(2) below and requires the issuance of an interim use permit. The Council may require compliance with any reasonable conditions, restrictions or limitations necessary to protect the residential or agricultural character of the area. Subd. 3 General Provisions All home businesses (home occupation or home extended business) All Home Occupations shall meet the following standards: (1) Any home business All Home Occupations shall be clearly incidental and secondary to the residential use of the of the premises, should Shall not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. (2) You must The applicant shall live reside in the home associated with the home business Home Occupation. Multiple home businesses may be permitted as long as the cumulative totals of all occupations meet the provisions. (3) There can be no outside storage of materials, goods, or equipment on or near the site, other than vehicles as specified in Subdivision 4. [Outside Storage Specified in Subd 4 Performance Standards] (4) No home occupation Home Occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. (5) No home business Home Occupation shall involve the use of equipment other than that customarily found in a residential dwelling. (6) The home business No Home Occupation shall not be visible from the outside of the dwelling. other than

25 a sign conforming to City Code requirements. There shall be no exterior display or exterior signs or interior display or interior signs which are visible from the outside of the dwelling with the exception of one directional or identification/business sign not to exceed 2 square feet in area. (7) All home occupations Home Occupations shall comply with the provisions of the City Nuisance Ordinance and City Noise Ordinace. (8) All parking associated with the home business Home Occupation shall occur on-site on the driveway. (9) The home business cannot Home Occupation shall not cause septic waste flow to exceed the design capacity of the septic system. (10) The home business cannot No Home Occupation shall generate traffic (by customers, employee, deliveries, etc.) to and from ( trip ) the home dwelling that is not characteristic of the neighborhood and shall not exceed eight (8) trips per day by any combination of employee, contract employee, customer or client visits, and/or deliveries per standard eight (8) hour day and no more than one customer or client visit on the premises at any given time. For the purposes of this section, one customer/client visit shall be considered to include any number of persons arriving in a single vehicle. (11) No home business Home Occupations shall produce light, glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. (12) No equipment shall be used in the home business operation of a Home Occupation which will create electrical interference to surrounding properties. (13) The home business All Home Occupations shall meet all applicable fire and building codes. (14) All home business shall comply with the provisions of the City Nuisance Ordinance. No home business Home Occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. unless said occupation will the Home Occupation does not require any on-street or off-street parking facilities or require in person customer interaction on site (e.g. telecommuting). (15) No vehicles or machinery related to the home occupation shall be idling or running on site, outdoors, between the hours of 10:00 pm and 7:00 am Subd. 4 Performance Standards (1) Home occupation performance standards Administrative Home Occupation Performance Standards a. The occupation or occupations shall not use more than 20% 25% of the floor area of the home (excluding the garage area). State licensed day care facilities serving 12 or fewer persons are exempt from this Subsection. b. No part of any detached garage or accessory building can be used for the occupation. c. No outdoor storage of supplies, materials, debris, equipment or maintenance items; all home occupation related items shall be kept in an enclosed structure. d. The home occupation is conducted entirely by the occupants of the home and up to one (1) nonresident employee, or contract employee, working on, or reporting to, the home. e. No direct sale of goods to the consumer are allowed to occur at the home occupation site. f. Up to 1 vehicle associated with the business with a gross vehicle weight rating under 4 tons 12,000 lbs. may be parked on the home property. No vehicles over 4 tons a gross vehicle weight rating of 12,000 lbs. associated with the occupation or occupations can shall be parked at or near the home. The Home Occupation shall not create a parking demand in excess of that which can be accommodated in an existing driveway or guest parking area for multiple-family dwellings where no vehicle is parked Page 2 of 6