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HomeMy WebLinkAboutCouncil Presentation - Ord 2023.031 LDC UpdateOrdinance No. 2023-031 Revising Marana Town Code, Title 17 (Land Development) Steve Cheslak, Planning Manager Request Town Council approval for revision to Marana Town Code Title 17 (Land Development), Chapter 17-4 (Zoning) •Section 17-4-3 (Use conditions matrix) -Clarify that for home occupations, the use of amenities customarily incidental to a residential use is permitted subject to conditions. 2 Background 3 •Based on recent home occupation business license activity regarding the use of backyard outdoor area. •Intent to allow use of amenities customarily incidental to residential use -swimming pool, playground equipment, and other similar amenities. •Business examples: private lessons for swimming, yoga, gardening and sports coaching. Title 17 Revision Chapter 17-4 “Zoning” •Section 17-4-3 (Use conditions matrix) Table 3. Conditions per use 1.A modification that clarifies an existing condition: Does not include Additional conditions may apply for specific uses regulated by other provisions of this title 2.The addition of the condition: May include customary use of amenities customarily incidental to a residential use, such as a swimming pool, playground equipment, and other similar amenities, in the backyard only, and only during the hours of 8:00 AM to 5:00 PM. 4 Title 17 Revision 5 •Must be conducted by a full time occupant of the dwelling •Shall not exceed 25% of the gross floor area of a dwelling •Shall not employ more than one nonresident of the premises •Exterior public display of stock-in-trade, external evidence of the home occupation, and outdoor storage of equipment or material associated with the home occupation are prohibited •All parking shall be on site and shall not include commercial parking features such as wheel stops, parking lanes or striping •Shall maintain the required residential off-street parking •Shall not create more parking demand or vehicular or pedestrian traffic than a typical residential use •No more than one vehicle shall be used in conjunction with the home occupation •Shall not cause any sustained, unpleasant, or unusual noises or vibrations; noxious fumes or odors; or other nuisances in the immediate neighborhood •Shall serve no more than five clients per day •Shall serve no more than two clients at a time •Any new structure or proposed changes to an existing structure used in conjunction with the home occupation must be consistent with the residential character of the dwelling •Prohibited home occupations include auto repair and service; veterinarian service, kennels, and pet grooming; commercial food preparation; mortuary or embalming service; tattoo parlor; welding service; and any commercial use not customarily incidental to a residential use •Does not include Additional conditions may apply for specific uses regulated by other provisions of this title •May include customary use of amenities customarily incidental to a residential use, such as a swimming pool, playground equipment, and other similar amenities, in the backyard only, and only during the hours of 8:00 AM to 5:00 PM Table 3. Conditions per use Residential -Home Occupation Recommendation 6 Staff recommends approval of the revision to Marana Town Code, Title 17 "Land Development”.