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DER2012-00006 FURTHER CONSIDERATION OF AMENDMENTS TO THE JULY 9, 2009 EDITION OF THE WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE SECTIONS III-D.1 and 6.b; SECTIONS IV-E, SECTIONS IV-E.3.d,e,f and g; SECTIONS IV-E.5.i, j and k; SECTIONS VI-E.6; SECTIONS E.7.a,b,d,e,f and h; SECTIONS IV-E.8.e,f,h,j,l,p,q,r,s and t; and SECTIONS V-I.2.n,o and p, DEALING WITH PRINCIPAL USE REGULATIONS, SUPPLEMENTARY USE REGULATIONS, HOME OCCUPATIONS AND TYPES OF ADJUSTMENTS ALLOWED.
Presented by: John L. Schlegel, Director of Planning.
RECOMMENDED ACTION: Approve the proposed amendments as recommended by the Metropolitan Area Planning Commission (MAPC), adopt the findings of the MAPC and authorize the Chairman to sign the prepared resolution.
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Background: In 2012 Metropolitan Area Planning Department ("MAPD") staff was requested by the Sedgwick County Board of County Commissioners to review Wichita-Sedgwick County Unified Zoning Code ("UZC") regulations dealing with rural home occupations. A four-person Citizen's Committee composed of Charlie Peaster, John Daley, Max Weddle and Joe Johnson was appointed to assist with the review. MAPD and County legal staff met with the citizen's committee on approximately six occasions. At the end of the six meetings the committee recommended a number of proposed amendments to the UZC, primarily found in Article IV, Section IV-E.
On August 2, 2012, the Metropolitan Area Planning Commission ("MAPC") established September 6, 2012, as the date for a public hearing to consider amendments to the July 9, 2009 Edition of the Wichita-Sedgwick County Unified Zoning Code ("UZC"). The proposed amendments are located in: Section III-D.1, Principal Use Regulations Schedule; Section III-D.6.b, Agricultural Supplementary Use Regulations; Section IV-E, Home Occupations and Section V-I.2, Types of Adjustments Allowed, and include codification and other amendments as identified below. The MAPC instructed the proposed amendments be sent to the Advanced Plans Committee for review and comment. On August 16, 2012, and August 30, 2012, the Advanced Plans Committee met with staff and the Citizen's Committee. As a result of the Advanced Plans Committee and the Citizen's Committee meetings some additional modifications were identified and incorporated in the proposed amendments. The original amendments were approved by unanimous vote by the Advanced Plans Committee and with the Citizen's Committee's unanimous concurrence, and included recommendations that rural home occupations have a two-acre minimum lot size; a forty-foot setback from an off-site residence and a twenty-foot setback from property lines.
On September 6, 2012, the MAPC held the public hearing to consider the recommended amendments. Members of the Citizen's Committee were present. No other citizens were present or spoke regarding the proposed amendments. The MAPC voted 11-1 to recommend approval of the proposed amendments. The one dissenting voter expressed the general opinion that portions of the proposed amendments went too far in accommodating commercial activity as a rural home occupation, and some of the amendments were the equivalent of allowing commercial use without commercial zoning.
The only proposed amendment to non-rural home occupations is found in Section IV.E.3.g, which makes it clear that inventory produced by employees of a home occupation can be legally sold. The current language can be interpreted to mean that a home occupation can have non-resident employees produce inventory but that inventory made by non-resident employees cannot be sold on the premises. The proposed amendment removes the possibility of that interpretation.
On November 21, 2012, the Sedgwick County Board of County Commissioners (BoCC) considered the proposed amendments. After considerable discussion, primarily dealing with the minimum land area requirement for a rural home occupation; the minimum separation distance between a rural home occupation and an off-site residence; and the minimum setback from property lines for a rural home occupation and any associated outside storage, the BoCC voted to send the amendments back to the MAPC for further consideration. During the BoCC's discussion some Commissioners suggested that the minimum land area should be increased from two to five acres (M.a below); rural home occupations should be separated from off-site residences by 120 feet instead of 40 feet (M.b below); and the minimum setback from property lines for a rural home occupation and associated storage should be 50 feet instead of 20 feet (N.d below).
Planning staff prepared revisions to the proposed amendments using the acreage and distances mentioned immediately above. The revised amendment was presented to the MAPC for reconsideration on March 21, 2013. One of the Planning Commissioners asked for a clarification on how the original acreage and distances were selected, and if the Citizen's Committee was supportive of the revisions? Mr. Peaster indicated they were supportive of the revisions and indicated that one of the committee members had suggested the original acreage and distance minimums based upon the minimum distances that would work on a two-acre lot. Other than committee members, there were not any other members of the public present regarding this item. Planning Commissioner Dennis recommended that H) below be revised as follows: "No inventory (except articles produced on the premises either by members of the immediate family residing on the premises or employees of the Home Occupation) shall be displayed or sold on the premises." Mr. Dennis indicated that the revised language further clarified the intent of the revisions better than what was initially recommended. The MAPC recommended approval (9-0) of the revised amendments.
Listed below are the delineated versions of the proposed amendments where underlined words or sentences are either new to the code or have moved to a new section; lined-through words or sentences are proposed to be deleted from the current code.
A) Sec. III-D.1 Use Regulations Schedule. The Use Regulations Schedule of this section provides a tabular summary of the principal land Use types allowed within each zoning District. The schedule is intended for reference and does not necessarily reflect all of the regulations that may apply to particular Uses or Districts. In the event of conflict between the Use Regulations Schedule and the Use regulations found within the individual District sections of this Code, the text of the individual District regulations shall prevail.
B) Sec. III-D.6.b Agriculture. There shall be no retail or wholesale sales permitted in conjunction with Agriculture Uses in any District from the most restrictiveSF-10 District through the NR District, except on Sites of at least ten acres in size, unless a Conditional Use permit has been approved in accordance with Sec. V-D.
C) Sec. III-E HOME OCCUPATIONS
The Home Occupation standards of this section are intended to permit the establishment of certain incidental and accessory Home Occupations in residential and rural areas under conditions that will ensure their compatibility with the character of the subject area. They are intended to permit residents to engage in Home Occupations that are compatible with residential land Uses and to ensure that Home Occupations do not adversely affect the integrity of residential and rural areas. A Home Occupation shall be considered an Accessory Use, subject to the following standards. This section of the Code divides those uses deemed suitable as a Home Occupation into two subcategories. The first subcategory includes those uses permitted as a Home Occupation in Dwelling Units regardless of the property's zoning, subject to applicable development standards, and are referred to as Home Occupations. The second Home Occupation subcategory includes additional uses, referred to as rural Home Occupations, that may be permitted in the RR and SF-20 zoning districts if they are operated in compliance with applicable standards described below.
D) Sec. IV-E.3 General standards. The following standards shall apply to all Home Occupations unless specifically modified by the standards of Sec. IV-E.4 or Sec. IV-E.67.f.
E) Sec. IV-E.3.d There shall be no Outdoor Storage of equipment, including but not limited to construction equipment, materials or Vehicles used in the Home Occupation unless allowed as a rural Home Occupation subject to Sec. IV-E.7.l or as a Vehicle Storage Yard in the RR district.
F) Sec. IV-E.3.e No more than one Commercial Vehicle may be Parked inside or outside of a building and the one permitted Commercial Vehicle shall not exceed 26,000 pounds gross vehicle weight rating unless the Vehicle is associated with a rural Home Occupation as permitted by Sec. IV-E.8.l.
G) Sec. IV-E.3.f No more than one person other than persons occupying such Dwelling Unit as their residence shall be employed., except that up to the equivalent of four full time employeesorpersons may be employed at a Home Occupation site in the SF-20 and RR districts. A full time employee is a person employed by, or who conducts business on behalf of, a rural Home Occupation in time increments of eight hours or more per day. A part time equivalent full time employee is defined as any person employed by, or who conducts business on behalf of, a rural Home Occupation in time increments of less than eight hours per day. Determination of an employee's status as a full time or part time equivalent on site status shall be determined by payroll records, time cards or other business records. Employees or persons lacking a record on which to determine the employee's full time or part time equivalent shall be considered full time employees.
H) Sec. IV-E.3.g No inventory (except articles produced on the premises either by members of the immediate family residing on the premises or employees of the Home Occupation) shall be displayed or sold on the premises.
I) Sec. IV-E.5.i Types of Home Occupations permitted. Home Occupations shall include the following list of occupations, plus uses that are similar in character; all other occupations shall be prohibited:
i. dental laboratories; and
J) Sec. IV-E.5.j Tattooing and Body Piercing Facilities (County); and
K) Sec. IV-E.5.k uses determined by the Zoning Administrator to be similar in character to those listed above, however none of the following uses shall be deemed to be similar in character:.
(1) Animal Care, General and Limited, except as provided in Sec. IV-E.7
(2) Vehicle Repair, General and Limited, except as provided in Sec. IV-E.7;
(3) Bed and Breakfast Inn, except as provided in Sec. IV-E.7;
(4) contractor's storage, except a provided in Sec. IV-E.7;
(5) Funeral Homes;
(6) Kennels and Riding Academy or Stables when carried on as a business activity;
(7) Medical services other than medical or dental offices;
(8) Renting of trailers, vehicles or other equipment;
(9) Restaurants except as provided in Sec. IV-E.7;
(10)Tattooing and Body Piercing Facilities; and
(11) Any use first allowed by right or by Conditional Use in the LI or GI Districts, unless specifically listed as permitted in Sec. IV-E.7.
L) Sec. IV-E.6.a-k Types of Home Occupations not permitted. None of the following uses shall be deemed to be similar in character to permitted home occupations:
a. Animal Care, General and Limited, except as provided in Sec. IV-E.78;
b. Vehicle Repair, General and Limited, except as provided in Sec. IV-E.78;
c. Bed and Breakfast Inn, except as provided in Sec. IV-E.78;
d. contractor's storage, except a provided in Sec. IV-E.78;
e. Funeral Homes;
f. Kennels and Riding Academy or Stables when carried on as a business activity;
g. Medical services other than medical or dental offices;
h. Renting of trailers, vehicles or other equipment;
i. Restaurants except as provided in Sec. IV-E.78;
j. Tattooing and Body Piercing Facilities (City); and
k. Any use first allowed by right or by Conditional Use in the LI or GI Districts, unless specifically listed as permitted in Sec. IV-E.78.
M) Sec. V-E.7.a and b Qualifying conditions for rural Home Occupations.In addition to the Home Occupations allowed by Sec. IV-E.5, rural Home Occupations (as specified in Sec. IV-E.78) are allowed by right on Sites in the RR and SF-20 zoning Districts under the following conditions:
a. Each Lot or tract shall be located upon a federal or state highway or a section linepublic road and shall contain a minimum of 20 5 acres.
b. The rural Home Occupation may not be conducted within 600 feet of a Dwelling Unitwherein on rural Home Occupation is conducted.A rural Home Occupation must be located at least 120 feet from residences located off-site from the zoning lot or property containing the rural Home Occupation unless the off-site residence operates a rural home occupation.
N) Sec. IV-E.7.d,e,f and h
d. Outdoor Storage is permitted provided the size of the storage area does not exceed 10,000 square feet. The storage area shall be located behind the front of the buildings within which the Home Occupation is conducted and at least 200 feet from all property lines or public Street Rights-of-Way. Outside storage shall not be located within any required Building Setback or within 50 feet of a property line, whichever is greater.Screening of the storage area by Structures, solid or semi-solid fencing and / or landscape materials from Abutting roads and Adjacent properties is required on properties of less than five acres in size orwithin 60050 feet of a property line or public right-of-way. Fences used to accomplish Screening shall be constructed to prevent the passage of debris or light and constructed of either brick, stone, architectural tile, masonry units, wood or similar material (not including woven wire) and shall be not less than six nor more than eight feet in Height. Landscape material intended to be used for Screening purposes must be indicated on a plan drawn to scale and submitted to the Planning Director for review and approval. Landscape material must provide the desired Screening effect within the first growing season following installation and throughout the year ever year thereafter. Screening requirements for rural Home Occupations may be reduced or waived by Administrative Adjustment as described in Sec. V-I.2.
e. No more than twothe equivalent of four full time employees orpersons, other than persons occupying the Dwelling Unit as their residence, shall be employed inat any rural Home Occupation site. A full time employee is a person employed by, or who conducts business on behalf of, a rural Home Occupation in time increments of eight hours or more per day. A part time equivalent full time employee is defined as any person employed by, or who conducts business on behalf of, a rural Home Occupation in time increments of less than eight hours per day. Determination of an employee's status as a full time or part time equivalent on site status shall be determined by payroll records, time cards or other business records. Employees or persons lacking a record on which to determine the employee's full time or part time equivalent shall be considered full time employees.
f. Only the standards of Secs. IV-E.3.a,and IV-E.3.c, IV-E.3.g andIV-E.3.h shall apply to rural Home Occupations.
h. Rural Home Occupations as specified in Sec. IV-E.78 that do not meet one or more of the conditions above, but are limited to no less than fivetwo acres and no more than four nonresidents employed in the Home Occupation, may be approved as Conditional Uses in accordance with the requirements and procedures for Conditional Uses in this Code.
O) Sec. IV-E.8.e,f,h,j,l,p,q,r,s and t Types of rural Home Occupations permitted. Rural Home Occupations permitted, in addition to those allowed by Sec. IV-E.5, include:
e. Vehicle repair, limited and Vehicle repair, general; Vehicle repair, general must beautomobile painting, upholstering, rebuilding, renovation, reconditioning, body and fender works and overhaul conducted entirely within an enclosed structure.with no Outdoor Storage of Vehicles, parts or equipment; except as provided by Sec. IV-E.7.d. Notwithstanding the definition of Vehicle repair, limited, such use may be conducted outside as a rural Home Occupation.
f. Bed and Breakfast Inn limited to three rooms for let and subject to all applicable codes concerning tourist accommodations and food handling enterprises;
h. contractor's storage, subject to size limitations and screeningsetback requirements as set out in Sec. IV-E.67.d above regardless of on-site location;
j. household dining establishments conducted within the main residence by prior reservation only, limited to 16 patrons and subject to applicable licensing and Building Code requirements;
l. the Parking or storage of one Commercial Vehicle owned by the occupant and exceedingthat exceeds26,000 pounds gross vehicle weight rating subject to screening as set out in Sec. IV-E.67.d above regardless of onsite location;when owned by the occupant. Nothing is this section prohibits Commercial Vehicles of less than 26,000 pounds gross vehicle weight rating that comply with other applicable regulations.
p. Uses determined by the Zoning Administrator to be similar in character to those listed above.lawn care service;
q. truck farm or garden;
r. sale, cutting, splitting and storage of firewood;
s. Tattooing and Body Piercing Facilities; and
t. Uses determined by the Zoning Administrator to be similar in character to those listed above.
P) Sec. V-I.2 Types of adjustments allowed. Zoning Adjustments shall be limited to the following:
n. permitting an Accessory Structure to be placed in front of the Principal Structure on less than five acres of land as specified in Sec. III-D.7.e(2); or
o. increasing maximum height permitted by the property development standards of the AFBP-O Air Force Base Protection Overlay District, but in no event shall an adjustment be granted that permits a structure height in excess of the height permitted by the underlying zoning district, and in addition to the Zoning Adjustment Criteria contained in Sec. V-I.6., the following criteria shall be used to evaluate adjustment requests: a line-of-sight analysis shall demonstrate that the proposed structure height does not provide a view of any portion of the air force base for a person located at any point on the Structure that exceeds the height permitted by this Overlay District given existing topography and the location and height of existing Structures and/or vegetation.; or
p. Screening requirements for Outdoor Storage associated with a rural Home Occupation, as required by Sec. IV-E.7.d may be reduced or waived on properties of less than five acres in size by zoning adjustment when existing topography or vegetation provide a natural screen or when the Adjacent land is used for agriculture or some other nonresidential land use.
Alternatives:
1. Approve the proposed amendments as recommended by the MAPC, adopt the findings of the MAPC and authorize the Chairman to sign the prepared resolution (requires a simple majority vote);
2. Deny the proposed amendments, provide alternative findings and override the MAPC's recommendation (requires a simple majority vote); or
3. Revise or amend the proposed amendments (requires a simple majority vote); or
4. Take no further action.
Financial Considerations: Approval of the request should not generate any financial considerations for Sedgwick County.
Legal Considerations: The City of Wichita and Sedgwick County are authorized by K.S.A 12-741, et seq. to adopt a joint zoning code. The City and County have done so, and that code has provisions for the adoption of a zoning code (Sec. V-C of the Unified Zoning Code).
Policy Considerations: The MAPC's recommendation is based upon findings of fact stated in the MAPC minutes.
Outside Attendees: Charlie Peaster, John Daily, Max Weddle and/or Joe Johnson
Multimedia Presentation: PowerPoint