HomeMy WebLinkAboutZTA200900011 Legacy Document 2009-06-03COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: ZTA 2009 -011 Resolution of Intent to AGENDA DATE: June 9, 2009
Amend Zoning Ordinance Section 3.1 relating to the definitions
of Home Occupations Class A and Class B
ACTION:
SUBJECT /PROPOSAL /REQUEST: Amend the definition of
home occupations to be consistent with the intent that the CONSENT AGENDA:
occupation is conducted where the business owner resides ACTION: Yes
STAFF CONTACT(S): Ms. McCulley and Mr. Kamptner ATTACHMENTS: Yes
BACKGROUND: As the Commission and staff discovered with the (massage therapy) home occupation within the
Belvedere carriage unit, the current Ordinance definitions for home occupations are not consistent with the intent that a
business is conducted where the business owner resides. The current definitions require that the business owner simply
reside on "the premises." The definition of "premises" is broad and extends to other buildings on the property.
DISCUSSION: An ordinance amendment to address this issue will require that the business owner reside in the
dwelling unit in which the home occupation is conducted. Staff recognizes that there are other issues for further
research and discussion relating to our home occupation regulations that extend into policy considerations. Staff
recommends that we move forward promptly with what is seen as a correction for this very specific issue relating to
home occupations.
RECOMMENDATION: Adoption of the attached (Attachment A) resolution of intent.
ATTACHMENT: Resolution of Intent
RESOLUTION OF INTENT
WHEREAS, Section 5.2, Home Occupations, of the Zoning Ordinance establishes regulations pertaining
to home occupations conducted in dwellings; and
WHEREAS, under appropriate regulations, home occupations can exist in residential areas with minimal
land use impacts to the neighborhood and the surrounding district and without changing the residential character
of the neighborhood and the district; and
WHEREAS, home occupations are divided into to classes — Home Occupation Class A and Home
Occupation Class B, and those classes are defined Section 3. 1, Definitions, of the Zoning Ordinance; and
WHEREAS, the definitions of Home Occupation in Section 3.1 currently allow the occupation to be
conducted in any dwelling unit on the premises but do not expressly require the family to reside in the dwelling
unit in which the home occupation is conducted; and
WHEREAS, it is desired to amend the definitions of Home Occupation in Section 3.1 to allow the
occupation to be conducted only in the dwelling unit in which the family resides in order to better assure that the
residential character of the neighborhoods and districts in which they are situated is preserved and to better assure
that home occupations do not become a detriment to the neighborhood.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a
resolution of intent to amend Section 3.1 and any other related regulations of the Zoning Ordinance deemed
appropriate to achieve the purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the
zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of
Supervisors, at the earliest possible date.
Attachment A