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HomeMy WebLinkAboutZTA200900011 Legacy Document 2009-07-15STAFF: Amelia McCulley PLANNING COMMISSION: July 21, 2009 BOARD OF SUPERVISORS: August 5, 2009 ZTA 2009 -011 Home Occupation Definition ORIGIN: Planning Commission Resolution of Intent (Attachment A) PROPOSAL: Amend the Albemarle County Zoning Ordinance definitions of home occupation (class A and B) to require that the business be conducted only in the dwelling unit in which the family resides. PUBLIC PURPOSE TO BE SERVED: This amendment better reflects the intent of the provision for home businesses. It will better assure that the residential character of the neighborhoods and districts in which these businesses are located will be preserved and that the home businesses will not become a detriment to the neighborhood. BACKGROUND: Since long before zoning, people have used their homes as places in which to work as well as to live. The classic early home businesses or cottage industries in America include the piano teacher, the tailor and the barber /beautician. We recently discovered that the current home occupation definition is overly broad so as to be contrary to the intent of home occupations and to our longstanding administrative practice. The current definition requires only that the business owner reside "on the premises." The definition of "premises" is broad and extends to other buildings on the property. If the property is improved with more than one dwelling, the definition allows a dwelling that is not the business owner's residence to become a business location. With the recent home occupation proposal in a carriage unit in Belvedere, staff initially denied the application. This denial, consistent with our longstanding administrative practice, was because the owner's residence was not the location of the home occupation. However, after further review with the County Attorney's office, staff concluded that the current definition did not support this practice; therefore, the denial was withdrawn and the application was approved. When the application was heard by the Commission (to approve increased traffic generation), they shared in staff's concern that the current home occupation definition is not appropriate. STAFF COMMENT: While there are numerous aspects of home occupation regulation which warrant further study, this zoning text amendment seeks to only correct the current definition. This correction will bring the definition in line with past practice and with our legislative intent. As you are aware, staff is also beginning work on amendments relating to home occupations in the Rural Areas. Administration / Review Process: An amendment which better defines allowed uses should enable staff as well as the public to have a clearer understanding of what is allowed. This should avoid time spent in interpretations and appeals. Housing Affordability: No impacts have been identified. Implications to Staffing / Staffing Costs: An amendment which better defines allowed uses should enable staff as well as the public to have a clearer understanding of what is allowed. This should avoid time spent in interpretations and appeals. STAFF RECOMMENDATION: Staff recommends adoption of the draft ordinance found in Attachment B. Attachment A: Resolution of Intent Attachment B: Draft Ordinance 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 defmitions 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 defmitions 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 Draft: 06/01/09 ORDINANCE NO. 09 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article I, General Provisions, is hereby amended and reordained as follows: By Amending: Sec. 3.1 Definitions Chapter 18. Zoning Article I. General Provisions Sec. 3.1 Definitions Home Occupation, Class A: An occupation conducted in a dwelling unit for profit in connection with which no person other than members of the family residing in the dwelling unit in which the occupation is conducted is engaged in such occupation. Home Occupation, Class B: An occupation conducted in a dwelling unit, with or without the use of one or more accessory structures, for profit, in connection with which there are employed not more than two (2) persons other than members of the family residing en the pr-ex3ises in the dwelling unit in which the occupation is conducted, which persons may be in addition to such family members. Attachment B