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HomeMy WebLinkAboutZTA200900012 Legacy Document 2010-08-18EXECUTIVE SUMMARY AGENDA TITLE: ZTA 200900012 Home Occupations SUBJECT /PROPOSAL /REQUEST: Second Planning Commission work session to discuss and recommend zoning text amendments regarding Home Occupations STAFF CONTACT(S): Cilimberg, McDowell REVIEWED BY: Cilimberg AGENDA DATE: August 17, 2010 ACTION: INFORMATION: I►1 ATTACHMENTS: Yes BACKGROUND: At a work session on June 15, 2010, the Planning Commission reviewed ZTA200900012 Home Occupations, a zoning ordinance text amendment proposal intended to consolidate the existing Home Occupation Class A and Class B permits subject to performance standards that would mitigate potential impacts. Currently, Home Occupations Class B require approval of a special use permit. When consolidated, the proposed amendment would allow Home Occupations (HO) to be subject to administrative review and action, with appeals heard by the Board of Zoning Appeals. Waivers of standards would be subject to Planning Commission review and action. The staff report and Planning Commission action from that work session is included as Attachment A. At the June work session, the Home Occupation Zoning Text Amendment proposal included both the Rural Areas and the Development Areas zoning districts that currently allow Home Occupations. In consideration of concerns articulated by the Planning Commission regarding potential impacts of businesses conducted in residential neighborhoods, especially in neighborhoods with small lots, the current proposal has been modified to apply only in the Rural Areas zoning district. The existing Home Occupation regulations (Class A and Class B) would continue to apply to all other zoning districts where home occupations are currently allowed. It should be noted that some residential zoning districts, for example the Planned Residential District, are present in both the Rural Areas and the Development Areas land use categories of the Comprehensive Plan. However, zoning ordinance regulations do not apply to Comprehensive Plan land use designations - they only apply to zoning districts. ZTA200900012 Home Occupations PC Work Session August 17, 2010 Staff Report Page 1 PURPOSE OF WORK SESSION In June, the Planning Commission requested that staff provide additional information for some aspects of the proposed amendment, in order for the Commission to more fully consider the amendments. The Commission requested issues have been copied below in italics, followed by staff responses. Maintain a Class 8 of certain higher- intensity or impact businesses that require notice to neighbors (before approval) similar to what we are doing with farm sales. This type of notice does not send it to the PC; The proposed amendment would establish Minor and Major Home Occupation classifications, similar to the existing Class A (administrative approval) and Class B (special use permit). The standards for Minor and Major HOs have been based on 1) existing policy; 2) standards that have applied to other HO applications; 3) other localities; and 4) Zoning Text Amendment Team discussions. Minor Home Occupation Major Home Occupation HO permit re uired (administrative)* Zoning Clearance required (administrative)* No employees Two employees allowed ** No customers visits Customer visits allowed ** No accessory building used for HO One accessory building used for HO allowed Not require Certified Engineer's Report" May require Certified Engineers Report*** One truck /one trailer with on -site parking; Two trucks /two trailers with on -site parking; no limit on the size no limit on the size of either No notice to adjacent property owners, Notice to adjacent property owners sent prior unless waiver is requested to approval of HO Waivers of regulations available for Waivers of regulations available for all number of trucks /trailers and size of the standards, except the number of employees HO within the residence * * ** (included in definition) * * ** No limit on the hours/days of operation Max. 6 days/week; 7 AM to 8 PM 25% of residence can be used (no more 25% of residence; any portion or all of than 1,500 sq.ft.); no HO use of accessory accessory structure; no more than 1,500 structures; waiver up to 49% of residence sq.ft. total in both the residence and the possible accessory structure; waiver up to 49% possible for residence for the HO use No direct sales from site Direct sales of hand crafted items and items accessory to the business, such as pottery tools, musical instruments, repair materials * As currently required, zoning ep rmit would continue to be required prior to issuance of a Minor HO. A copy of the current Class A permit is attached as reference (Attachment B). A permit would be developed for a Minor HO. A zoning clearance (Attachment B), issued by the Zoning Administrator, would require that owners of abutting properties of different ownership than the lot on which the proposed use would be sent a notice identifying the proposed use is located and invite the recipient to submit any comments before the zoning clearance is acted upon. The notice would be mailed five days before action on the zoning clearance. ZTA200900012 Home Occupations PC Work Session August 17, 2010 Staff Report Page 2 ** Both employees and customers would be regulated by a maximum of 30 vehicle roundtrips /week with maximum of 10 vehicle roundtrips on any one day for vehicle trips made in the conduct of the home occupation. Parking for the Home Occupation (employees, customers, business vehicles) shall be off the street and on the property containing the Home Occupation. (Unchanged from June 15th work session.) * ** Certified Engineer's Report required for uses of an industrial character prior to issuing a zoning compliance clearance (Attachment C). It is not necessary for the report to be approved prior to approval of the use. * * ** Waivers of regulations would be subject to review by the Planning Commission. Waiver requests would require sending notices to adjacent property owners advising them of the HO application and of any waiver request. Staff is developing criteria for granting waivers and include this criteria in the Home Occupation ZTA package for the Commission public hearing. 2. Show more of a direct comparison of existing versus proposed regulations versus "by- right" Some confusion, for example the employee who can park his work truck and trailer anywhere, but if it's his business he is restricted as to location /number and what is by -right parking for a non -home occupation; A chart has been developed to show what is allowed for personal use compared with exiting HO regulations and the proposed HO regulations (Attachment D). Note that having a HO permit does not preclude a resident from enjoying all of the permitted activities allowed for personal use, including parking a vehicle owned by his or her employer at their residence. The HO regulations are only intended to address the potential for the more intensive impacts associated with having a business use located in a residence. 3. Remove restriction from accessory structure as to % use and just use overall square footage limit of 1,500 sq. ft.; The percentage limit on the accessory building has been removed; the existing restriction of 25% of the residence would remain, with a potential to allow up to 49% subject to a waiver that would take into consideration circumstances particular to the type of business, the general location, the proximity of other residences, and the lot size and topography. The 49% would ensure that the residential use would remain the primary use. The existing restriction of 1,500 square feet for the overall size limitation for a home occupation would also remain unchanged. 4. Change (not similar but complimentary) [to provide greater flexibility of design] or eliminate reference to fagade of building. Regulations pertaining to aesthetics have been removed, as accessory structures could be constructed for personal use with only a building permit and later converted to a Home Occupation use. 5. Change "total trip" to "round trip." Mr. Franco was concerned this is inconsistent with our other trip calculations (a single trip). ZTA200900012 Home Occupations PC Work Session August 17, 2010 Staff Report Page 3 • Total trip would be replaced by round trip. 6. Identify which types of home occupations may not work in Rural Areas or Development Areas. This discussion included whether some of the trailers, etc. that could be accommodated on residential lots, particularly if smaller sized lots. May want to consider setbacks for trailer parking. • The proposed Home Occupation (Major and Minor) text amendment would apply only in the Rural Areas District. • In Zoning Districts where Home Occupations are allowed, other than the Rural Areas District, the existing Home Occupation Class A and Class B regulations would continue to apply. • The Rural Areas zoning district would better accommodate larger trucks and trailers with less potential for negative impact on the adjacent parcels, due to the larger size of the parcels. Therefore, no size restrictions on trucks and trailers would be imposed. • Trucks and trailers would be required to park off street and on the property in which the Home Occupation is conducted. 7. Address gun sales as a home occupation, if allowed by federal law. The existing HO regulations allow only hand crafted items and items accessory to the business to be sold on the premises; therefore, gun sales are permitted, as long as the gun is hand crafted on the premises. Currently, one such HO is operating within the county under a HO Class B permit. 8. Hours of operation — to relate only to times when employee, customer or outside activity occurs. • Hours and days of operation would be applicable only for HOs that have employees, customers, and /or the operation of the HO is within an accessory structure. • The days of operation would be changed from 7 days /week to 6 days /week; the hours of operation (7:00 AM to 8 PM) have not been changed from the June proposal. 9. Identify specific home occupations that would be allowed or prohibited, See Attachment E for a chart of proposed prohibited uses. All other uses would be allowed, provided that they could meet all of the requirements of the ordinance or receive approval of waiver /s. 10. Identify thresholds that would require additional review if determined that they may have impacts. Home occupations that would utilize an accessory structure in the conduct of the home occupation, and /or allow employees, and /or allow customers would be classified as a Major Home Occupation and /or utilize more than one truck/one trailer parked on -site would be required to obtain approval of a zoning clearance. The zoning clearance would require notification of adjacent property owners.. Minor Home Occupations would not require a Zoning Clearance; however, they would be required to obtain a zoning permit similar to the HO Class A permit currently being used (Attachment B). . ZTA200900012 Home Occupations PC Work Session August 17, 2010 Staff Report Page 4 11. Discussion of what would be required with a Certified Engineer's Report and Zoning Clearance and when they would be required; Information pertaining to a Certified Engineer's Report and the Zoning Clearance ordinance regulations are included as Attachments B and C. 12. Take out hazardous materials since they are covered by other regulations; • Hazardous materials regulations would be removed from the proposal. 13. Include applicant affidavit for all applications; All applicants (Major and Minor) would be required to sign an affidavit affirming that they would abide by all regulations. The applicant would also be made aware that violations would be subject to revocation, under Section 5.2.4 of the Zoning Ordinance. In addition, the applicant would be advised that the Home Occupation is transferrable to a new owner of the property; however, if the Home Occupation ceases the approval will expire. The applicant would be required to re -apply for a Home Occupation should he or she relocates. RECOMMENDATION: After the Planning Commission review and discussion of these issues, staff recommends the Commission provide any further direction for staff to develop an ordinance with waiver criteria and direct staff to schedule a Public Hearing for ZTA200900012 Home Occupations. Attachments: A June 15, 2010, Planning Commission work session staff report and Actions B HO Class A permit application; Zoning Clearance application and information C Certified Engineers Report information D Existing and Proposed Home Occupation regulations chart E Proposed Prohibited Home Occupation Uses ZTA200900012 Home Occupations PC Work Session August 17, 2010 Staff Report Page 5