(A) Accessory dwelling unit (ADU).
(1) ADUs shall be attached to the principal structure; ADUs shall be prohibited in detached accessory structures.
(2) Only one ADU may be created per single-family dwelling.
(3) ADUs must meet principal structure setbacks.
(4) ADUs must meet zoning district height restrictions.
(5) An ADU shall meet minimum building code standards for an efficiency unit.
(6) There shall be no more than two occupants per bedroom.
(7) The owner(s) of the property must continue to occupy at least one of the dwelling units on the property as their primary residence, except for a bona fide temporary absence.
(8) All vehicles owned by owners or tenants must be kept on improved surfaces.
(9) A deed restriction shall be created restricting the independent sale of an ADU and requiring adherence to size limitations and other requirements found in this chapter.
(10) Short-term vacation rental of ADUs shall not be permitted.
(11) Home occupations or home businesses shall not be permitted within the ADU.
(12) ADUs shall not have sewer and water connections independent from the primary residence.
(B) Child care facility. Child care facilities are permitted as an accessory use in any residential district as long as the following standards are met:
(1) Must comply with all state and local standards.
(2) The use of any accessory structure for child care is not allowed.
(3) Off-street parking shall be provided as follows:
(a) Meet the requirements of parking for the dwelling.
(b) One space per non-resident employee.
(c) One space for pick-up/drop-off.
(4) Signage shall be limited to a two by two, non-illuminated sign.
(C) Home occupations and home businesses.
(1) Purpose.
(a) A home occupation is any occupation for gain or support and can be beneficial to the community in that they provide services to its residents, as well as supplemental income and personal satisfaction to the residents.
(b) A home business is any occupation for gain or support and can be beneficial to the community in that they provide services to its residents, as well as supplemental income and personal satisfaction to the residents. However, a home business may result in activities that may have a negative impact upon the residential character of the community and surrounding neighborhood. It is for this reason that a conditional use permit shall be required for all home businesses, to ensure their compatibility with the neighborhood in which they are located.
(2) Permit required. A conditional use permit shall be required for all home businesses. Criteria in this section shall be in addition to criteria identified in § 154.067.
(3) Standards.
(a) Home occupation. No home occupation shall be allowed which does not meet the following standards:
1. The home occupation shall be conducted entirely within the home by owner resident occupants only.
2. The home occupation shall not require more than 25% of the area of any floor of the dwelling for such purpose, excluding child care facilities.
3. The home occupation shall not require any structural alterations or constructions involving features not customarily found in dwellings.
4. The home occupation shall be consistent with and shall not detract from the residential character of the district in which the home is located.
5. There shall be no outside storage of material or equipment or display of merchandise.
(b) Home business. No home business shall be allowed which does not meet the following standards:
1. The home business shall be conducted entirely on the same parcel as the home by the owner/resident/occupants only.
2. The home business shall not require more than 25% of the area of any floor of the dwelling for such purpose, excluding child care facilities and shall not occupy more than 50% of the floor area of any existing accessory structure.
3. The home business shall not require any structural alterations or construction involving features not customarily found in dwellings or accessory structures.
4. The home business shall be consistent with and shall not detract from the residential character of the district in which the home is located.
5. There shall be no outside storage of material or equipment or display of merchandise.
6. There shall be no more than one unilluminated name plate, advertising the business, measuring not more than one and one-half square feet in area attached on the principal structure near the structure entrance.
(4) Additional conditions for home businesses. In determining whether a particular home business is consistent with the residential character of a district, the city shall consider the following:
(a) Noise, odors, water and air pollution;
(b) Vehicular and pedestrian traffic;
(c) The use of flammable, explosive or highly volatile materials;
(d) Excessive lights or noise at night; and
(e) Litter.
(D) Outside parking or seasonal storage of recreational travel vehicles.
(1) Such vehicles shall be stored on an improved surface, such as a driveway.
(2) Vehicles stored in a street yard shall be operable and currently licensed.
(3) Vehicles shall not be stored in a side yard.
(4) Vehicles stored in the rear yard shall be screened at 100% opacity to a height of six feet.
(E) Short-term vacation rental.
(1) The maximum number of overnight guests will be limited to two times the number of bedrooms rented plus one.
(2) Events are not allowed to be hosted by transient guests on the premises. An event means a gathering on the premises of more than three un-registered transient guests. Events hosted by the property owner are allowed, but must abide by all applicable city ordinances and polices, including the prohibition on renting private residential property out for events.
(3) Dwelling requirements.
(a) The dwelling must be connected to city sewer and water.
(b) Rooms used for sleeping shall have an egress windows and smoke detectors.
(c) The guest(s) must have access during their entire stay to a full bathroom, including sink, toilet and tub or shower.
(d) Accommodation of guests is not allowed in recreational vehicles, tents, accessory structures, fish houses or similar structures.
(4) Parking.
(a) All guest parking must be accommodated on improved surfaces on the premises. No on-street parking is allowed for guests.
(b) At a minimum, parking shall be provided at the following rate:
1. One space for each one to two bedroom rental.
2. Two spaces for each three bedroom rental.
3. Spaces equal to the number of bedrooms minus one for each four and four plus bedroom rental.
(c) In accessory short-term vacation rentals, additional off-street parking for personal use must be provided at a rate of one parking space per two bedrooms not dedicated to the guest use.
(5) Proximity of assistance. If not staying on the property at the time of guest stay, the property owner or a manager/representative must be located within 30 miles of the property. The property owner shall maintain with the city the name, address, phone number and email for the local contact or managing agent for the property.
(6) Guest records. A guest record must be maintained, including the name, address, phone number and vehicle license plate information for all guests. This record must be provided to the city within 48 hours of a request for the guest record.
(7) Guest disclosures. The property owner must disclose in writing to their transient guests the following rules and regulations. This disclosure shall be conspicuously displayed in the home:
(a) The name, phone number and address of the owner, operating lessee or managing agent/representative.
(b) The maximum number of guests allowed at the property.
(c) The maximum number of vehicles allowed at the property and where they are to be parked.
(d) City nuisance ordinances requirement that noise levels be reduced between 10:00 p.m. and 8:00 a.m. and that this will be enforced by the Kasson Police.
(e) Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities.
(f) No events are allowed to be hosted on the premises.
(8) Garbage. All garbage must be kept in rubbish containers that are stored out of view of a public street.
(9) Signage. No signage pertaining to the short term vacation rental is allowed on the property.
(Ord. 879, passed 10-28-2020)