Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 18-048Ord.No:          18898

Agenda Title:

18-048 - 2R. An ordinance amending the Unified Development Ordinance, Chapter 14, of the Independence City Code which will amend accessory use setbacks in Section 14-400-01 and modify home businesses standards in Section 14-400-03.
Recommendations:

Commissioner Read made a motion to approve the case with adding the words ‘on the premises’ behind ‘at any one time’ in Section 14-400-03-E-3.  A second to the motion was made by Commissioner McClain. The Independence Planning Commission voted as follows:

Commissioner Goldesberry

-

Absent

Commissioner McClain

-

Yes

Commissioner Ashbaugh

-

Yes

Commissioner Preston

-

Absent

Commissioner Ferguson

-

Yes

Commissioner Read

-

Yes

 

The motion for approval passed with a 4-0 vote and such application is forwarded to the City Council for its consideration.

 

Staff recommends approval of the adoption of the proposed amendment.

Executive Summary:

The City proposes Amendment #33 of the Unified Development Ordinance (UDO) relating to accessory use setbacks in Section 14-400-01 and Home Businesses in Section 14-400-03.

Background:

Accessory Use Setbacks

 

Through the years, the Board of Adjustment has reviewed, and approved, multiple variance requests to locate an accessory structure closer to the street than the principal structure on larger lots.  In many instances on these large lots, the principal structure is setback hundreds of feet from the street, providing for very large front yards.  By current code, an accessory structure shall not be placed in front of the building line that faces any street.  Staff proposes to allow accessory structures on R-A and R-1 zoned properties of over 5 acres in size to only be required to be set back at least 50 feet from all lot lines adjacent to a street.  This would allow accessory structures to be located in front of dwelling units on larger lots, but still provide for adequate setbacks from the exterior property lines.

 

Home Businesses

 

The City proposes various changes to the home business section of the UDO.  Currently, only residents of the dwelling unit may be employed at a home business.  As the Commission may recall, a situation arose last year where a family had started a dance studio home business, and after one of the children had got married and moved out of the house, they were no longer able to engage in the home business which they had helped build.  The City proposes to amend language to allow for one person living outside the dwelling unit to be engaged in a home business.  Furthermore, the City proposes to give the Commission the authority to approve one additional person living outside of the dwelling unit for every acre of land the dwelling unit sits on to be engaged in the operation of a home business at any one time, not to exceed a total of six employees.  It’s imperative to note that this language does not allow additional employees by right, but gives the Commission the option to allow for these additional employees.

 

Furthermore, the proposed change would give the Commission the option to approve a home business that exceeds 25% of the total floor area of a dwelling unit, so long as that the minimum floor area for single-family detached houses in Section 15-505-03 are not used in conjunction with the home business (900 square feet for one story dwellings and 1,100 square feet for more than one story dwellings).  Currently, the Commission shall approve a home business that does not exceed 25% of the total floor area of the dwelling unit.  Additionally, the Commission has the option to approve more than one accessory to be used in conjunction with a home business and may approve an exterior addition to the building structure, or a new accessory building, in connection with any home business. Currently, the Commission shall approve a home business that uses up to 300 square feet of an existing accessory structure, and no exterior additions to the building structure or new accessory structures are permitted in connection with any home business. 

Lastly, the proposed regulations are being updated to reflect modern technology and internet usage in relation to a home business.  Currently, the selling of stocks of merchandise, supplies, or products is prohibited, except that incidental retail sales may be made in conjunction with other permitted home business operations.  The proposed change would allow sales methods such as the phone or internet that do not require the customer to come to the dwelling unit be allowed with a home business.

 

Draft Planning Commission minutes are attached to this Council agenda item.


Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
City Clerk DepartmentApproved

Council Action:          Council Action:          Accepted

ATTACHMENTS:
DescriptionType
Draft OrdinanceOrdinance
Staff ReportBackup Material
Home Business ChangesBackup Material
Accessory Structure Setback ChangesBackup Material
Draft PC MinutesBackup Material