HomeMy Public PortalAboutOrd 644 Amendment of zoning regulations(First published in The Ark Valley News on March 21, 2019.)
ORDINANCE NO: 644
AN ORDINANCE CONCERNING THE AMENDMENT OF CHAPTER 8
SECTION 1 OF THE ZONING REGULATIONS OF THE CITY OF BEL
AIRE, KANSAS, ALL WITHIN THE CITY OF BEL AIRE, SEDGWICK
COUNTY, KANSAS.
Be it ordained by the Governing Body of the City of Bel Aire, Kansas:
Section 1. AMENDING SECTION 2.03 OF THE BEL AIRE SUBDIVISION
REGULATIONS OF THE MUNICIPAL CODE CHANGING THE
DEFINITION OF HOME OCCUPATION:
HOME OCCUPATION- A business, profession, occupation, trade, or hobby conducted by a
person in a dwelling unit or accessory structure, for financial income or support equal to or
greater than $2500 per year. Home Occupations are always accessory to the use of a dwelling
unit as a residence.
SECTION 3. REASSIGNMENT OF ORDINANCE SECTIONS:
8.01 HOME OCCUPATIONS
8.02 GENERAL STANDARDS FOR ALL PERMITTED HOME OCCUPATIONS WITHIN
THE CITY OF BEL AIRE:
8.03 HOME OCCUPATIONS PERMITTING PROCESS
8.04 NON CONFORMING USES
8.05 TEMPORARY ZONING WAIVER
8.06 PLANNED UNIT DEVELOPMENT
8.07 WIRELESS TELECOMMUNICATIONS FACILITIES REGUALTIONS
Section 2. AMENDING SECTION 8.01 OF THE BEL AIRE SUBDIVISION
REGULATIONS OF THE MUNICIPAL CODE TO STATE :
8.01 HOME OCCUPATIONS
HOME OCCUPATION- A business, profession, occupation, trade, or hobby conducted by a
person in a dwelling unit or accessory structure, for financial income or support equal to or
greater than $2500 per year. Home Occupations are always accessory to the use of a dwelling
unit as a residence.
PURPOSE AND SCOPE This section is intended to permit the establishment of certain
incidental and accessory Home Occupations in residential areas under conditions that will ensure
their compatibility with the character of the residential district and subject neighborhood. In
order for a home occupation to be lawful, it must comply with Chapter 3 of the City Code, and
all standards of this section. A lawful home occupation shall be considered an accessory use and
shall remain subordinate to the residential use. These regulations recognize that many types of
work can be done in a home with little or no impact upon the surrounding neighborhood.
A. Authorization Specific to Home Occupations. Any person using a dwelling unit in any
zoning district for a Home Occupation is required to have approval of the Planning
Commission through the conditional use process unless otherwise specified in this
section. Beyond requirements of this section, maintaining all other applicable State and
local permits associated with a business or permitted use, shall be standard terms of all
Home Occupation authorized within the City.
B. Exempted: Home Occupations NOT required to register with the City:
1. No impact home occupations. A home occupation existing within a
dwelling that (1) complies with all of the use limitations for the zoning
district in which it is located and (2) does not materially change the existing
noise, traffic, odor, outdoor external storage or external lighting requirements
of the neighborhood in which it operates is not required to be registered with
the City. A list of examples of no impact home occupations is included in
section 8.03 of this article. The list in section 8.03 is not all —inclusive but
intended to provide guidance regarding what is acceptable. Other local, State
and federal health and safety regulations may apply depending on the specific
facts of the business in question, and be enforced by the City as required.
2. Hobby generating less than $2500 per year. A hobby is defined as an
activity by the occupant of a dwelling purely for personal enjoyment,
amusement or recreation, and compliant with all City ordinances, not
garnering more than $2500 per year in financial income or support. All hobby
activities generating more than $2500 per year in financial income or support
shall be considered home occupations and must comply with this regulation.
3. Hobby automotive repairs. Regardless of financial income amounts
generated, all home automotive care hobby activities shall be limited to
occupant's vehicles, occupant's immediate family's vehicles, and occasional
non -occupant repairs. Non occupant repairs occurring two or less times a
calendar year, shall be presumed to be occasional. All automotive care
related hobby activities generating more than $2500 per year in financial
income or support shall be considered home occupations and must comply
with this regulation.
4. Exempted Generally. Door to door peddlers, vendors operating within the
City pursuant to a valid temporary use or administrative permit issued by the
City are generally exempted. Tax-exempt charitable organizations are
generally exempted from the requirement to register as home occupations.
Temporary and special event activities such as garage sales, bake sales,
lemonade stands, or temporary lawn care operations are generally exempted
from the requirement to register as home occupations. Other local, state, and
federal health and safety regulations including -- Article 3 of The City of Bel
Aire Code-- may apply to the exempted activities described within this
paragraph.
C. Home Occupations REQUIRED to register with the City:
A home occupation within a dwelling that (1) complies with all of the use limitations for
the district in which it is located and (2) MINIMALLY changes the existing noise, traffic,
odor, outdoor external storage or external lighting requirements of the neighborhood as
determined by the Zoning Administrator is required to be registered with the City.
Minimal impact for registration purposes shall mean a permitted business with actual or
anticipated:
1) Business traffic to or from the residence in excess of five (5)
vehicles per day,
2) Requiring external storage used in the home occupation,
3) Businesses having one (1) or more business related signs displayed
and visible to the outside,
4) Business having more than two (2) on site employees other than a
members of the immediate family permanently occupying such
residence.
5) Business raising certain public health, public safety, or public
welfare concerns determined to be minimal by the Police Chief or
City Zoning Administrator.
A list of examples of MINIMAL impact home occupations is included in section 8.03 of
this article. The list in section 8.03 is not all —inclusive but intended to provide guidance
regarding what is acceptable. Other local, State and federal health and safety regulations
may apply and be enforced by the City as required.
D. Registration Requirements: Article 3 of the City Code requires persons operating an
allowable home occupation that is described in 8.01 (C) and not exempt by 8.01 (B) of
this Article to register that home occupation annually and pay to the City Clerk or his or
her designee a permit fee for a Business Registration and Permit to Operate certificate.
Application requirements for the Business Registration and Permit to Operate certificate
are specified in Chapter 3 of the City Code. The registration fee for Business Registration
and Permit to Operate certificate shall be set forth in the City fee schedule. Additional
information may be required as necessary to enable the Clerk and Zoning Administrator
to determine whether such home occupation is in conformance with local ordinances
regulating home occupations.
E. Home Occupations REQUIRED TO HAVE A CONDITIONAL USE PERMIT:
Persons operating a home occupation that is not exempt by sections 8.01(B), and exceeds
the impact described in 8.01 (C) or that the City Zoning Administrator determines may
create a greater public health or safety concerns for neighborhood residents of the City
shall be required to obtain a conditional use permit for that home occupation. The
process for obtaining a conditional use permit is found in section 5.03 of this Zoning
Regulation.
F. Requesting Review by Planning Commission. Were the City Zoning Administrator
determines an applicant shall be required to obtain a conditional use permit, before
registering, that applicant may request the planning commission review that
determination. If a majority of the planning commission determines that home occupation
should only be required to register, the Planning Commission's determination shall be
final.
G. Conditional Use Permit Home Occupation Registration requirements: Upon
approval of a condition use permit, Article 3 of the City Code requires persons approved
to operate a home occupation to register that home occupation annually and pay to the
City Clerk or his or her designee a permit fee for a Business Registration and Permit to
Operate certificate. Application requirements for the Business Registration and Permit to
Operate certificate are specified in Chapter 3 of the City Code. The registration fee for
Business Registration and Permit to Operate certificate shall be set forth in the City fee
schedule. Additional information may be required as necessary to enable the Clerk and
Zoning Administrator to determine whether such home occupation is in conformance
with local ordinances regulating home occupations.
8.02 GENERAL STANDARDS FOR ALL PERMITTED HOME OCCUPATIONS WITHIN
THE CITY OF BEL AIRE:
A. The following standards shall apply to all Home Occupations unless specifically
modified by residential district standards:
1. Hazardous substances are prohibited, except at the, "consumer commodity" level,
as that term is defined in 49 C.F.R. Sec. 171.8.
2. There shall be no outside storage or display of goods or equipment or materials
used in the home occupation.
3. Upon approval of the Zoning Administrator, one non -animated, non -illuminated,
accessory identification sign of no more than 2 square feet in area shall be
permitted, as approved in writing by the Zoning Administrator. All signs must be
in accordance with the Sign Code of the City of Bel Aire.
4. Zoning Code authorization of a Home Occupation shall in no way be construed to
override any restrictive covenant(s) of record, (i.e., Homeowners Association
Covenants).
5. No more than two (2) vehicles which advertise or assist in operation of the
business shall be legally parked in the front setback at the Home Occupation at
one time.
6. There shall be no overnight parking of vehicles rated over one (1) ton in the front
setback.
7. No equipment or process shall be used that creates undue noise, vibration,
electrical interference, smoke or particulate matter emissions or odors that are
detectable to the normal senses off the lot as determined by the Zoning
Administrator. In cases of electrical interference, no equipment or process shall
be used which creates a visual effect or an audible interference off the premises in
any radio or television receiver or transmitter or causes fluctuation in power
voltage.
8.03 HOME OCCUPATIONS PERMITTING PROCESS: Permitted home occupations may
include, but are not limited to the following list of occupations: This list is not all inclusive but
intended to provide guidance regarding what is acceptable.
TIER ONE
NOT REQUIRED TO
REGISTER - Examples
TIER TWO
REQUIRED TO REGISTER
- Examples
TIER THREE
CONDITIONAL USE
PERMIT REQUIRED *
•
•
•
•
•
•
•
Administrative offices of
business/trade
Arts and crafts activities
Baking/catering
Beauty salon
Clerical/secretarial
Day -time adult care
Direct sales
Occupations similar to those
listed in TIER ONE column but
additionally having the following
actual or anticipated
requirements:
• External storage used
for the home
occupation
All other home occupations.
Generally these are home
occupations which may be
substantially similar to those
allowed in tier one or tier two
but anticipated to create a
greater impact than typically
exists in Bel Aire for those
• Floral or interior design
• Jewelry, watch, clock
repair; engraving;
locksmith;
• Maid, laundry service
• Internet business
• Professional or
administrative offices
(including psychological,
lawyer, accountant,
engineer, architect or
similar)
• Photography
• Picture framing
• Scissors, saw, blade
sharpening Small
electronics repair
• Seamstress, tailoring,
• Tutoring, education or
training
• Having one (1) or more
business related sign
visible from outside.
Business related
vehicles are excluded
from this limitation.
Refer to the City Sign
Code.
• Business traffic to or
from the residence in
excess of five (5)
vehicles per day,
• More than two (2) on
site employees other
than a members of the
immediate family
permanently occupying
such residence.
• As determined by the
Police Chief or City
Zoning Administrator
Business raising public
health, public safety, or
public welfare concerns
categories of home occupations,
or are occupations raising public
health, safety, or welfare
concerns for residents as
determined by the City Zoning
Administrator or Chief of Police.
*Where the City Zoning Administrator determines an applicant shall be required to obtain a
conditional use permit, before registering, that applicant may request the planning commission
review that determination. If a majority of the planning commission determines that home
occupation should only be required to register, the Planning Commission's determination shall
be final.
SECTION 2. REPEAL. Section 6.06 B (2) f) is hereby repealed. All ordinances
or parts of ordinances in conflict herewith are also hereby repealed.
SECTION 6. EFFECTIVE DATE. This ordinance shall take effect and be in
force from and after the publication of its summary in the Ark Valley News, and
official City newspaper.
Passed by the Governing Body on this 19th day of March, 2019.
Signed by the Mayor this 19th day of March, 2019.
n
MAYOR, David Austin
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