HomeMy WebLinkAboutZTA200900011 Legacy Document 2009-08-25COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA 2009 -011 Home Occupation Definition
SUBJECT /PROPOSAL /REQUEST:
Public hearing to consider proposed amendments to
Chapter 18, Zoning, pertaining to the definitions of home
occupations
STAFF CONTACT(S):
Tucker, Foley, Davis, Kamptner, McCulley
LEGAL REVIEW: Yes
AGENDA DATE:
August 5, 2009
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Home occupations are permitted in dwelling units and, until recently, the persons engaged in the home occupations
were required to reside in the dwelling unit in which the home occupation was conducted. Upon being granted a special
use permit, a Class B home occupation may have up to 2 additional employees who do not live in the dwelling unit.
The definitions of Class A and Class B home occupations had been interpreted to mean that the person engaged in the
home occupation had to reside in the dwelling unit in which the home occupation was conducted. That interpretation
presumed that there was only one dwelling unit on the lot. However, both definitions permit a home occupation in a
dwelling unit "on the premises" and, where there are multiple dwelling units on the premises, neither definition expressly
requires that the home occupation be conducted within the dwelling unit in which the family member(s) reside. Thus,
when two residents within the Belvedere Subdivision separately sought approvals for home occupations within the
unoccupied carriage houses that were on the same parcels as the dwelling units in which the applicants resided, staff
reluctantly concluded that the applicants met the letter, but perhaps not the intent, of the County's home occupation
regulations.
STRATEGIC PLAN:
Goal 1: Enhance the Quality of Life for all Albemarle County Residents
DISCUSSION:
The proposed ordinance would amend the definitions of Class A and Class B home occupations to expressly require
that the family member(s) engaged in the occupation reside within the dwelling unit in which the home occupation is
conducted. Both definitions would also be amended to expressly incorporate what has been a longstanding
administrative interpretation — that the home occupation definitions (and their corresponding requirements and
limitations) do not pertain to persons only engaged in the occupation off -site and who do not come to the dwelling unit
to engage in the occupation. Employees who report only offsite (such as to a job site) do not impact the land use at the
home and therefore should not be counted.
The ordinance recommended by staff for adoption is attached as Attachment A. Attachment A is substantively the
same ordinance prepared by staff and recommended by the Planning Commission for adoption that is attached as
Attachment B. However, Attachment A was prepared after the Planning Commission meeting because staff
determined that the definitions could be more clearly and concisely stated without altering the substance of the
ordinance recommended by the Commission.
The proposed ordinance does not change any other substantive requirements, standards or processes for home
occupations. Those issues will be addressed in a separate zoning text amendment. A resolution of intent to initiate
that amendment will be on the Board's August 5, 2009 consent agenda.
BUDGET IMPACT:
None
RECOMMENDATIONS:
After conducting a public hearing, staff recommends that the Board adopt the ordinance designated as Attachment A.
ATTACHMENTS:
A — July 23, 2009 Draft Ordinance
B — July 22, 2009 Draft Ordinance recommended by the Planning Commission