HomeMy WebLinkAbout2019-04-23 CC Meeting Packet Enclosure Oak Park Heights
Request for Council Action
Meeting Date April 23''.2019
Time Required: 5 Minutes
Agenda Item Title: Consider AMENDMENT Special Home Occupation Permit— 14860
Upper 55th Street Stillwater Premier Bengals
Agenda Placement Public Hearin ew sines
Originating Department/Requ r: ric/ ohnson, City Administrator
Requester's Signature 1/127—
Action Requested Discussio r Possible Action
Background/Justification(Pl se indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached memo dated 4/19/19 and related documents
Page 37 of 108
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City of Oak Park Heights
14168 Oak Park Blvd.N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574
4-19-19
MEMO
TO: Mayor and City Council MerpbercI��`
FROM: Eric Johnson,City Admir4stra1 l/
f?=: UPDATE;Pursuant to Amendment Rest-Lorenz Home Occupation.
As noted in the attached Communication,the Lorenz's are seeking an AMENDMENT to their Special Home
Occupation Permit to allow additional breeding Bengal cats upon the premises where they operate a home
occupation.The request seeks the allowance to moving from eight(8)breeding Females to twelve(12)and two(2)
males to three(3).On 4/18/19 I did make a site visit to 14860 Upper 559 Street N and met with the Owners Michelle
and Corey Lorenz. I would note the following conditions:
1. The location where the cats are kept remains in the accessory/attached garage and remains in good
condition. However,this garage is NOW at full capacity with this expansion as each cat must be provided
reasonable space in such kennel.See enclosed images.
2. All the animals kept appeared to be in healthy condition.
3. Files requested to be viewed appeared to be in proper order-(transfer of animals).
4. There was not any outside of the home/garage area where it could be noted that the site was operating as
a commercial activity.To date no site complaints have been received.
Recommendation:
Staff would recommend that the request be approved with the further stipulations amending the current permit.
o As it relates to any cats over 24 weeks of age:not more than 12 female and 3 male cats are
permitted on the premises for any reason.
o Condition Number 7 of the current Home Occupation permit shall be revised to'Two Hours"per
day.(This is to ensure exercise as some of these kennels are small).
o That all other previous conditions remain as issued.
ENCLOSURES:
1. Copy of Lorenz's letter-dated 4/2/19 and Application-seeking expansion.
2. Public Hearing Notice as Published.
3. Copy of current Special Home Occupation Permit.
4. Copy of current State Licensure and Copy of a Sample Animal Transfer as required by State.
5. Current internal site images-Taken 4/18/19
6. Staff report from 12/7/18
Page 38 of 108
ENIC, #- I
1)ate Apo %,,-,', 2019
To ViiMiTi It May Concer
1., Mamie& Lons-....n,t, aw i)i Stillwater Pum atangigs, k,vc,,vtd Ike pennmacn vo :,- ' t-t: ,--- trtz
of cu tu in my (=Italy. Originally when a numter was discussed IH:q.,1) Bic, he told us to
pir...;,.'k a nurnberp and lot him krem if w9 'minted 20 inc,%rease it W9 lat,cunwity l 8 breackig
*males end 2 breeding maim We would ace to inc-rezn a., number to 12 6reeding fernlike
vitedi 2 breeding males. in order to cri o *-= .- ._ tlarit:A tele Mil Board of kw mai fteefth(which
viie 4Airveniiy obtaiili, ii-evize; needs to 0e a manorooffi vy 10 breeding anias. we him had not
cz-i7p;-24-n2st thus tat NI Minds see up to dodo on iwir ratiiM : * 0 : : t., Wiii! Mai* I -t Vie
new Weeding fenvilas vill itul,pe it ocilophVed too. Ail arms we - tminridned and
f:twang is done totk., Lita is wlit'ary filvitoniTerit and t to *ha vartac:Iagona.of to-A MN Mord
-0? Ariltnel Health_
Tb garit t.:-.3.1 fot your considostion.
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--I i 11:16CP 1-7E11- 1Z-
Michelle Lorenz
nr of Stillwater Premier Bengafs
,
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Page 39 of 108
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City of Oak Park Heights
14168 Oak Park Blvd. N.
Oak Park Heights, MN 55082
Phone (651)439-4439 '" Fax(651)439-0574
www.cityofoakparkheights.com
HOME OCCUPATION PERMIT APPLICATION
Applicant: 1V1 i c L4 e(.1 e Lorenz. Phone#
Street Address: (t4 gLap 1,4per 55ThS-f-Jif
Cit (SISway erf�err►tr �s a grna I. cam
IC r� Q.ICr Zi
S p 55pg2. Email:uvildlilr>°a.�tia�tiP� c. "I
Pursuant to MN Statute 270.0O2 Tax Clearance; Issuance of Licenses,the licensing authority is required
to provide the Minnesota Commissioner of Revenue your Minnesota business tax identification
number. Please provide the following information as it applies to your home occupation:
Business Name as certified by the Minnesota Secretary of State:
Sti weuter Pre.n l e r '�� ...�s 11_._1 C.
Doing Business as Name, if different that certified with Minnesota Secretary of State:
Minnesota Tax Identification Number: WW .
Federal Tax Identification Number: -.4111111111011
S
For application property:
Street Address: W '(d,Q ucpper 55t Sf N
city Oak Pcir k �-� ,i ��t� zip .5-so xz
Legal Description of the property:
nto ecu- ,11
Zoning District:
Page 40 of 108
Is the property connected to the City water and sewer system? )( Yes No
(If additional space is needed to adequately answer the following,please accurately number and
answer the responses on the back of these sheets.)
Describe the home occupation(type of home business)being proposed:
ire eitkAq o qn Q cafs
Describe the character of the existing surrounding property:
Q c idiv t- &kbcv
Who is to be employed in proposed occupation?
f
Will any person(s)be employed that does not live at the occupation address listed in this application?
Yes /` No
In what part of the structure will the occupation be located?
The
9arQ
Page 41 of 108
How many customers will be served at one time?
yit?S
What are the intended days and hours of this occupation?
i+ v a-(i cs I 'id no Uct ttni<LA RI 30p nn
What service will this occupation provide?
Provir v> 'O 2 4' \ i t'fn LaVI ft k
Is off street parking available? Y Yes No If yes,describe location, capacity and type of
surface:
Y)V k/C. wcA.At CfAiKur-t, LI Ca-15
Will there be a need for street parking? X Yes No If yes, how much space will be
needed?
r t�Ltt i nfiront- 7i,c,r hotAA_e 15pot—
dch`4-
1<no w
Will the occupation require the use of an accessory building? Yes No uOrAid
If yes, please justify the need of an accessory building and describe the facility:
Page 42 of 108
Are other governmental licenses or permits required to legally conduct business in this occupation?
Yes No If yes, please list the licenses and/or permits below:
M t 300d of Psi mad eL h.t _ .
The City reserves the right upon issuing any home occupation permit to inspect the premises in which
the occupation is being conducted to insure compliance with the provisions of Zoning Ordinance
401.15.M "Home Occupations."
May the City inspect the premise during the application process? ' Yes No
If no, please explain:
Is there any additional information regarding this application that the City should be aware of
concerning the occupation?
By signing this application, I declare that I have read all applicable City Ordinances. I affirm that all
information provided to the City of Oak Park Heights on this application, or as a part thereof, is true
and accurate to the best of my knowledge.
Date: 151 161 �_� lV : _ /•
Signature of Applicant'
Page 43 of 108
Please Check One: Fee shall be submitted with complete application.
Special Home Occupation -Fee:$100
(Ordinances 401.03&401.15.M)
Permitted Home Occupation -Fee: $25
(Ordinance 401.15.M)
Home Occupation Renewal(Annual) -Fee: $15
Page 44 of 108
Will the home occupation require or involve any equipment not normally found in a dwelling unit?
X Yes No If yes, please describe the equipment:
ki-k,r)pct, 0..ur 1---1 I+ex
Will the occupation involve over-the-counter sale of merchandise produced off the premises?
Yes y_ No If yes, please describe the merchandise to be sold:
How long do you anticipate the occupation be carried on at this address?
lefi
s
How much of an investment in the premise is required for this occupation?
If an investment is required, does it include alteration? Interior Exterior
If so, please describe the required alteration:f
Page 45 of 108
* - 4
NOTICE OF PUBLIC BEARING
ON APPLICATION FOR
AN AMENDMENT TO A SPECIAL HOME OCCUPATION LICENSE
TO ALLOW
A SMALL BUSINESS TO OPERATE IN A HOME
THAT WILL INCLUDE BREEDING&SALE OF BENGAL CATS
LOCATED AT 14860 Upper 55th Street
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council for the City of Oak Park Heights,
Washington County, Minnesota shall hold a public hearing, at the direction of the City
Administrator, upon the application of Ms. Michelle Lorenz to amend a small business
Special Home Occupation license for CAT BREEDING AND SALES OF BENGAL CATS
—increasing the number from 10 to 14;located at 14860 Upper 55th Street.,City of Oak Park
Heights,County of Washington and State of Minnesota,legally described as follows:
BREKKE HEIGHTS,Lot 7,BIock 1
Washington County Property Number: 0402920140008
The public hearing shall be held before the City Council on Tuesday,April 23rd, 2019 at
6:00 o'clock p.m. at the City Hall, 14168 Oak Park Blvd. N., Oak Park Heights, Minnesota
55082. All written and oral comments will be considered.
Following such review,the City Council may take further action including but not limited to
approval,denial or continuance.
Dated this 9th day of April,2019.
BY ORDER OF THE CITY COUNCIL
�o
Eric Johnson, City Admi a eltor
Page 46 of 108
G6 •
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$ 100.00 No. 2019-001
State of Minnesota ) City of Oak Park Heights
County of Washington )ss. Office of Administration
2019 Home Occupation Permit
IN CONSIDERATION OF the statements made by Michelle Marie Lorenz in her application
therefore duly filed in this office,which application is hereby made a part hereof, PERMISSION IS
HEREBY GRANTED To said Michelle Marie Lorenz(Applicant)as owner of Stillwater Premier
Dengals, a Bengal cat breeding business situated upon that tract of land with the physical address
of 14860 Upper 55"' St.N., Oak Park Heights, MN 55082.
This permit is granted upon the express conditions that said owner and her contractors, agents,
workers and employees, shall comply in all respects with the December 11, 2018 conditions of
approval as noted below and ordinances of the City of Oak Park Heights.
Conditions of Permit:
1. When requested by the City, the Applicant shall provide the City Administrator and/or Building
Official unscheduled access to the home and garage areas for the purposes of an animal
welfare check including access to all animal records. For the purposes of this condition, access
must be granted within two hours of a request made by the City. Nothing in this condition
supersedes the City's ability to access the property if alternative legal methods are warranted
and utilized.
2. The Applicant's State licensure shall remain in proper order and in-effect.
3. All cats and dogs kept at the property shall be duly licensed over the age of 6 months; no
exceptions.
4. The Applicant shall maintain a medical/welfare file of any animal on the premises over 14 weeks
old. Such data shall include status of medical examinations with signatures by a licensed
veterinarian including but not limited to, proof of vaccinations and other records so as to
reasonably ascertain health and wellness.
5. The Applicant shall comply with State Statute(s) associated with any animals kept on the
property, including but not limited to MN STAT. 343.20, 343.21, 343.24, 343.27, 343.28 &
343.31 and 346.35; 346.36, 346.37&346.39
6. No more than two (2) males and (8 females) cats may be kept on the property. Litters of kittens
under the age of 24 weeks are not included in this calculation.A HEPA air filtration system shall
remain fully-operable and utilized at all times.
• i1
Page 47 of 108
! I'
7. No cats may be maintained outdoors or outside the primary home or its attached garage.All cats
shall have reasonable time outside of their respective caged area to free roam within the garage
area and not less than 1 hour per day to do so.
8. Boarding, keeping or maintaining of other cats and dogs not specifically owned by the Applicant
is prohibited.
9. All animal waste shall be maintained in fashion so that it does not create a noxious odor or visual
impairment to the neighborhood.The Applicant shall additionally pay a $75.00 annual fee to the
City to offset the estimated tonnage associated with cat litter disposal.
10. Should the Applicants move from the premises, yet decide to retain ownership of the home and
rent out such space, this permit would be void. The Applicant must maintain the home as their
primary domicile and occupy such home.
11. The Applicant agrees that any enforcement action deemed necessary by the City under this
permit shall be immediately complied with. Any enforcement action (including impoundment
and/or boarding costs) initiated by the City under this permit shall be at the cost of the Applicant
who shall reimburse the City therefore, including but not limited to the City's attorneys fees.
Given under the hand of the City Adminis• .tor •'said City of Oak Park Heights and its
corporate seal this 19th day of December, 2I ; / w ,
lf
yohnson, City Administrator
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Page 48 of 108 I
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Ewa. 46
City of Oak Park Heights
14168 Oak Park B1vd N•Oak Park Heights,MN 55082•Phone(651)439.4439•Fax(651)439-0574
12/7/18
MEMO
TO: Mayor and City Condi bens
Citi
k4:0,- Eft.!chnsan,Ciity i
RE: Special Home Occupation ' Request-14860 Upper 558 Street N.
Summary:
The Corey and Michelle Lorenz,(the App w: ts)the owner of 14860 Upper 558 Street have been operating a cat breeding
business'Stillwater Premier Bengal Cats'inside the garage of their property for approximately the last 12 months.The
Applicants were unaware that such a use—a commercial operation-is not permitted in the City without a review and the
possible issuance of a Home Occupation Permit In this particular case a SPECIAL HOME OCCUPATION PERMIT.They
have now applied for under such permit under City Ord.401.15 M.2.b.
The Applicants breed 'Bengal cats', a domestic breed identified by the American Cat Fancier Association -
lrttp:/lwww.c(a.omBreeds/BreedsAB/Bennal.aspx The Applicant's sell such kittens for approximately$1,000 each and
are apparently desirable due to their markings and temperament
Attachments:
1. Application and Breed Information
2. Photos from Site Visit made on 12/6/18.
3. MN Statutory elements
4. City Ordinances:601 Kennel and 4015.15 M-Special Home Occupations
5. Copy of Public Hearing Notice
Site Viet:
The Applicants keep the cats Inside their attached garage which is approximately 400 square feet,(two-car garage).Such
garage is insulated and heated.At the time of the visit,the cats appeared to be healthy,friendly and in good condition.
Each cat(except the breeding pair)is contained in a large two-level cage.The garage was warm,tidy with less odor than
expected;the Applicants have installed a HEPA air filtration system in the garage.The garage is just off-the kitchen in a
rambler-style home. NOTE The Applicants also have a Kennel Permit for the three companion dogs.
Kennels:
City Ord.601 does reference and require a Kennel permit when there are three or more dogs located on the premises.
However,the dentitions in the City's ordinances does only apply for dogs—noted below.In effect there is not specific
'lime on the number of cats In a home.
601.08 Kennels: tt shell be unlea4ul10 operate any kennel urdess a pamdt to operate the same hes been secured
from the Clay Council M 9dvance.
Page 58 or 158
Page 54 of 108
1. `Ccvnmarotal Kerrier means a kennel where gm am brad and4or sold for resale, wally or in boyar Vs,
whether or not any of these animals ata also kept for personal use and where the business may be 8 primary source
of income.Cbrrrrnercdal kennels are ako pieces where dogs are boarded,groomed or trained for a fee.
L YKennV means any place where three(3)gigga or mae(or yo to the number o1 dogs permitted as an accessory
use within the aly'a Zoning Codes and**bin the limitations therein provided)over four(4)morns of age ars kept;
rated sold,boarded,brad siratnrr,basted,orgroomed
However,itis the element of the commercial activity being conducted in the home-the act of operating a business,
per-se(as these are not companion animals)and having people come to the property for the viewing and purchase
of such animals that triggers such review.
Special Home Occupation and State Licensure:
City Ord.401.15 M 3.c2 does allow a SPECIAL HOME OCCUPATION to be conducted in an Accessory Structure
(garage),assuming compliance with the other related elements found in 401.15 M.a&b;the latter which outlines
exterior storage,prohibition of outside employees,prohibition of signage,application of building codes,and hours of
operation.
The Applicants have provided proof at their registration#849420 with the State of Minnesota and which also requires
a site inspection by State personnel and verification by a veterinarian.Both reviews are intended to prevent improper
Recommendation:
The Applicant's proposal and uses does not appear that It would alter the residential character of the neighborhood
as ail operations would be Indoors and visits to the site from prospective buyers of the cats would likely be very
limited and of non-commen:lel vehicle types.Staffs larger concern is that of animal welfare,but for which the City
must heavily rely on the reviews outlined by tie State of MN.Therefore,STAFF would recommend approval with
the following conditions.
Conditions for Approval:
In addition to those requirements found in City Ordinances inchxling but not limited to 401.15 M.3.a and b(parts 1&
2)the followir>g shall be conditions of approval as noted below(1-11);If non-compliance is found by the City it shall
be immediate grounds for Permit revocation and all animals shall be removed from the City within 72 hours:
1. The Applicant shad provide the City Staff itnmedate access to the property forte purposes of site inspection and animal welfare
aleck at any-time,ming access to all animal records.
2. The Applicant's State ricensure shall remain In proper order and in-effect
3. Al cats and dogs kept at the property shall be duly licensed over the age of 6 months;no exceptions.
4. The Applicant shall maintain a medical/welfare lie of any animal on the premises over 14 weeks old.Such data shall include
status of medical examinations with signatures by a liccnsed veterinarian Including but not limited to,proof of vamtnatlons and
other records so es to reasonably ascertain health and wellness.
5. The Applicant shall comply with State Statute(s)associated with any animals kept on the property,inducting bur not limited to MN
STAT.343.24,343.21,343.24,343.27,34328&343.31 and 348,35;346.38,348.37&346.39
6. No more than two(2)males and 18 females)cats may be kept cn the
not Included in this calculation.A NEPA*Oration system shad remain fug perty.hers kittens at r the age of 24 weeks are
fully-operable and utilized at at times.
7, No cats may be maintained outdoors or outside the primary home or Its attached garage.AN cats shall have reasonable time
outside of their respecatve caged area to free roam within the garage area and not less than 1 hour per day to do so.
8. Boarding,keeping or maintaining of other cats and dogs not specifically owned by the Applicant is prohibited.
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9. All animal waste shall be maintained in fashion so that It does not create a noxious odor or visual impairment b the neighborhood.
The Applicant shall add loofa ly pay a$75.00 annual fee to the City to offset the estimated tonnage associated with cat liter
disposal.
10. Should the Applicant's move from the premises,yet decide to retain ownership of the home and rent out such space,this permit
would be void,The Applicant must maintain the home as their primary domicile and occupy such home.
11. The Applicant shall agree that any enforcement action deemed necessary by the Cfty shall be immediately complied with and an
wsMue uenenforcement(including impoundment and/or boarding costs)shall be billable to the Applicant end non-payment of
fully assessable to the property as a tax lien.
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401.115.M. Home Occupations.
1. Purpose. The purpose of this Section is to maintain the character and integrity of
residential areas 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 Section is intended to
provide a mechanism enabling the distinction between permitted home occupations
and special or customarily Amore sensitive" home occupations, so that permitted
home occupations may be allowed through an administrative process rather than a
legislative hearing process.
2. Procedures and Permits.
2 a. Permitted Home Occupation. Any permitted home occwation as defined
in this Ordinance, and subject to the performance standards of this Section,
may be conducted solely within a single family detached dwelling (excluding
attached garage space and/or any accessory structures). The permitted
home occupation shall require a "permitted home occupation permit". Such
permits shall be issued subject to the conditions of this Section, other
applicable City Ordinances and State law. This permit may be issued by the
Zoning Administrator based upon proof of compliance with the provisions of
this Section. Application for the "permitted home occu ation rmit" ihall be
accompanied by a fee as ,adopted by the City Counci . If a Zoning
Administrator denies a permitted home occupation permit to an applicant, the
applicant may appeal the decision to the City Council. The permit shall
remain in force and act un suc me as ere as been a change in
conditions or until such time as the •rovisions of this Section have been
breached. An annual fee, as set by e i ounce , wr 1 • 7 c arg . • e
applicant_ At such time as the City has reason to believe that either event
has taken place, a public hearing shall be held before the Planning
Commission, following the procedural provisions of a conditionafuse permit
in Section 401.03 of this Ordinance. The Ci Council shall make a final
decision on whether or not the permit holder is en i ed to t a permit.
0 Special Home Occupation. Any home occupation which does not meet the 1
specific requirements for a permitted home occupation as defined in this
Section shall require a " dal home oc cuD tion milt which shall be
,k applied for reviewed a d :rased on in accordance with the procedural
leNes •rovf Ions of a conditional use • - • 1 • i = of rtRK of is
Ordinance.
c. Declaration of Conditions. The City Council may impose such conditions
on the granting of a special home occupation permit as may be necessary to
carry out the purpose and provisions of this Section.
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d. Transferability. Permits shall not run with the land and shall not be
transferable.
e. Lapse of Special Home Occupation Permit by Non-Use. Whenever within
one(1)year after granting a permit the use as permitted by the permit shall
not have been initiated,then such permit shall become null and void unless a
petition for extension of time in which to complete the work has been granted
by the City Council. Such extension shall be requested in writing and filed
with the Zoning Administrator at least thirty(30)days before the expiration of
the original permit. There shaN be no charge for the filing of such petition.
The request for extension shall state facts showing a good faith attempt to
initiate the use. Such petition shaN be presented to the City Council for a
decision.
2 f. Reconsideration. Whenever an application for a permit has been
considered and denied by the City Council, a similar application for a permit
affecting substantially the same property shall not be considered again by
the Planning Commission or City Council for at least six(6)months from the
date of its denial unless a decision to reconsider such matters is made by not
less than four-frfths (4/5) vote of the City Council.
3. Requirement-General Provisions. All home occupations shall comply with the
following general provisions and according to definition,the applicable requirement
provisions.
a. General Provisions.
1) No home occupation shall produce light,glare,noise, odor,vibration,
smoke, dust, heat, or hazardous or toxic material shall not be
produced, stored, or kept on the premises that will in any way have
an objectionable effect upon adjacent or nearby property.
2) No equipment shall be used in the home occupation which will create
electrical interference to surrounding properties.
3) Any home occupation shall be clearly incidental and secondary to the
residential use of the premises, should not change the residential
character thereof,and shall result in no incompatibility or disturbance
to the surrounding residential uses.
4) No 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.
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5) There shall be no exterior storage of equipment or materials used in
the home occupation,except personal automobiles used in the home
occupation may be parked on the site.
5) The home occupation shall meet all applicable fire and building
codes.
12 7) All signing and informational or visual communication devices shall be
in compliance with Section 401.15.G of this Ordinance.
8) All home occupations shall comply with the provisions of the City
Code.
9) No home occupation shall be conducted between the hours of 10:00
pm. and 7:00 am. unless said occupation is contained entirely within
the principal building, excluding attached garage space, and will not
require any on stmt parking facilities.
10) No commodity shall be sold on the premises.
11) Not over twenty-five (25) percent of any one story can be used for a
home occupation.
b. Requirements-Permitted Home Occupations.
1) No person other than those who customarily reside on the premises
shall be employed.
2) The general public shall not come to the premises in question for
purposes pertaining to the conduct of the home occupation.
3) All permitted home occupations shall be conducted entirely within the
principal dwelling,excluding attached garage space, and may not be
conducted in an accessory building.
c. Requirements-Special Home Occupation.
1) No person other than a resident shall conduct the home occupation,
1'82 2) Special home occupations shall be limited to only those activities of a
non-residential nature which are specified as aliowed'by state statute
or regulation such as day care group nursery or whit;h comply with
Sections a and b above (except for b.2), but are conducted entirely
within the principal building, attached garage space, or detached
accessory building.
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3) Special home occupations may be allowed to accommodate their
parking demand through utilization of on-street parking. In such
cases where on-street parking facilities are necessary, however, the
City Council shall maintain the right to establish the maximum number
when and where changing conditions require additional review.
32 > 4). The general public shall be permitted to come to the !, r =..,an
questio •• r•g-15 pe ►-ming • e conduct of the home
occupation.
384. Transient Lodgin,.. Transient Lodging shall be consid r in all Residential
Districts with the --:uance of a Conditional Use Perm' according to Section
401.03.A,7 and that e following criteria are satisfactori met.
a. General Provis •ns. Only a detached single lily home may be utilizedfor
transient lodging ••nsistent with the terms an• conditions found herein;
1) The facility sh:11 have a State Issue• license for lodging and/or food
service, and /0 •mply with and m.intain all health, safety, building
and fire codes a ay be requi -• or applicable by the Building
Official. The ow -r is respons`•le to ensure the facility is code
compliant.
2) The owner may or may •of • upy the structure while such facility is
being utilized as a trans'- •t I•dging facility. There shall be a limit of
three (3) transient guests --r bedroom and a limit of three (3)
bedrooms for transient lod t, • in the facility.
3) All bedroom units shall b5-estab •hed within a principal structure or
accessory structure.
4) No transient lodging far Iffy shall be • ated closer than at least five
hundred (500) feet • other bed a • breakfast facilities and/or
transient lodging as m asured from prop.rty lines.
5) Dining and other fad_ les shall not be open • to the public but shall
be used exclusively iy the registered guests • the facility.
6) Two(2)off-street p,rking spaces shall be provid-• for the facility use
plus one (1) for e- h bedroom over two (2) •'r.•ms. No parking
spaces shall bal. ted in the front yard of the prope . ,other than on
an existing drive ..y. Ail parking areas shall be proved with
asphalt, concrete •r materials suitable to control dust an. •rainage as
approved by the _;ity Engineer.
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