City of Duluth - File #: 23-058-O

Date	Action By	Action	Result	Action Details	Meeting Details	Video
12/18/2023	City Council	adopted		Action details	Meeting details	Not available
12/11/2023	City Council	read for the first time		Action details	Meeting details	Not available

Title

AN ORDINANCE AMENDING SECTIONS 50-20, Use Specific Standards, TO ADD ACCESSORY DAY CARE FACILITY AND ACCESSORY RETAIL OR SHOWROOM; and 50-41, Definitions, TO AMEND ACCESSORY DAY CARE FACILITY, AND TO ADD ACCESSORY RETAIL OR SHOWROOM.

Body

CITY PROPOSAL:

The city of Duluth does ordain:

Section 1. That Section 50-19.8, Permitted use table, be amended to add the following:

TABLE 50-19.8: USE TABLE, REVISED MAR 2023

P: Permitted Use S: Special Use I: Interim Use A: Accessory Use U: Permitted Only in Upper Stories (Form Dist.) 1, 2, 3, as per table 50-19.1 Residential Mixed Use Form Special

Use Specific Standards

R-C

RR-1

RR-2

R-1

R-2

R-P

MU-N

MU-C

MU-I

MU-B

MU-W

MU-P

F-1

F-2

F-3

F-4

F-5

F-6

F-7

F-8

F-9

I-G

I-W

P-1

AP

ACCESSORY USES

Accessory agriculture roadside stand

A

50.20.5.A

Accessory bed and breakfast

A

50-20.5.B

Accessory boat dock, residential

A

50-20.5.C

Accessory caretaker quarters

A

Accessory communications tower for private use

A

Accessory day care facility

A

50-20.5.D

Accessory dwelling unit

A

50-20.5.D

Accessory heliport

A

50-25.5.E

Accessory home occupation

A

50-20.5.F

Accessory home share

A

50-20.5.G

Accessory recycling collection point

A

Accessory retail or showroom

A

50-20.5.J

Accessory sidewalk dining area

A

50-20.5.H

Accessory solar or geothermal power equipment

A

50-20.5.I

Accessory uses and structures not listed elsewhere

A

50-20.5.J

Accessory vacation dwelling unit

I

I3

I

50-20.5.M

Accessory vacation dwelling unit, limited

A

50-20.5.N

Accessory wind power equipment

A

50-20.5.K

Minor utilities and accessory wireless antennas attached to existing structures

A

50-20.5.L

Section 2. That Section 50-20.5, Accessory Uses, be amended to add the following:

D. Accessory day care facility.

1. For all new uses after January 31, 2024, the use must provide off-street parking spaces for pick-up and drop-off determined by the Land Use Supervisor to be sufficient to provide for the safe pick-up and drop-off of users of the facility based on the maximum licensed capacity of the facility, the configuration of the facility, the types and intensity of other uses adjacent to the facility, the intensity of traffic adjacent to the facility and other factors determined to be relevant to the safe pick-up and drop-off of users of the facility. The determination of the Land Use Supervisor may be appealed to the Commission. Pick-up and drop-off areas must be clearly signed as for pick-up and drop-off only, and shall not conflict with safe on-site pedestrian and vehicular movements.

2. In the RR-1 and RR-2 districts this use and related parking facilities and structures other than driveways are limited to no more than 20 percent of the lot;

3. In the MU-B and I-G districts, where an outdoor exercise area is provided, the exercise area shall be enclosed by a fence. Outdoor exercise areas must be separated from improved public streets, drive lanes, and loading areas by at least 20 feet;

4. In the MU-B and I-G districts, the application may be denied by the Land Use Supervisor if he or she determines that the size, nature, character or intensity of the use of property in the immediate vicinity of the applicant’s property would pose an unreasonable risk to the health, safety or welfare of users of the applicant’s facility; the decision of the Land Use Supervisor may be appealed to the Commission;

5. In the I-G district, the use must be related to provision of day care services to the primary use on the lot, and the use may not exceed 15% of the gross floor area of the buildings on the lot.

Section 3. That Section 50-20.5, Accessory Uses, be amended to add the following:

J. Accessory retail or showroom.

1. The use must not exceed 15% of the gross floor area of the buildings on the lot which are associated with the assembly, manufacture, or processing of the products on display or offered for sale.

Section 4. That Section 50-41.1, Definitions: A, be amended as follows:

Accessory day care facility. A private or public establishment licensed by the state that regularly provides, for periods less than 24 hours a day, one or more dependents of employees or users of a business or facility with care, training, supervision, rehabilitation or developmental guidance, for gain or otherwise, while the employees or users are on site for work or other activities related to the principal use of the property. on a regular basis, for periods less than 24 hours a day, for gain or otherwise, This use is as a secondary and subordinate activity to a permitted or approved special use of the property and does not result in additional trips to the site.

Section 5. That Section 50-41.1, Definitions: A, be amended to add the following:

Accessory retail or showroom. Space allocated within an industrial business for the display and/or sales (or donation) of products assembled, manufactured, or processed on site.

Section 6. That this ordinance shall take effect 30 days after its passage and publication.

Statement of Purpose

STATEMENT OF PURPOSE: This ordinance makes several changes to Chapter 50, the Unified Development Chapter. It amends the definition of Accessory day care facility and creates use specific standards for that use. It creates a definition and use specific standards for Accessory retail and showroom use. See Attachment 1 for a memo explaining the proposed changes.

The planning commission held a public hearing and considered the ordinance amendments at a Tuesday, October 10, 2023, planning commission meeting. Following discussion, the commission voted with 7 yeas, 0 nays, and 0 abstentions, to recommend that the city council approve the proposed text changes to the Unified Development Chapter of the City Code.

PL 23-170