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HomeMy WebLinkAboutAgenda - 06-26-1996 - VII-A 1 ORANGECOUNTY BOARD OF COMMISSIONERS PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: June 26. 1996 Action Agenda Item # A SUBJECT: ZONING ORDINANCE TEXT AMENDMENT Article 6.16.6 Home Occupations DEPARTMENT: PLANNING PUBLIC HEARING—X—Yes No BUDGET AMENDMENT REQUIRED Yes X No ATTACHMENT(S): INFORMATION CONTACT: Existing Regulations Mary Willis Proposed Amendment Extension 2583 List of Existing Home Occupations TELEPHONE NUMBERS: Hillsborough-732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill-967-9251 PURPOSE: To receive citizen comment on a proposed amendment to Zoning Ordinance provisions relating to home occupations. BACKGROUND: The existing home occupation regulations are contained in Article 6.16.6.1 through 6.16.6.4: 6.16.6.1 provides standards for zoning districts with a minimum lot size of 20,000 square feet(46 acre) or less 6.16.6.2 provides standards for lots smaller than 200,000 square feet(4.6 acres)in the AR,RB, and R-1 zoning districts. 6.16.6.3 provides standards for larger than 200,000 square feet in the AR, RB, and R-1 zoning districts. 6.16.6.4 contains application and approval procedures Concerns with home occupation provisions have been raised on several occasions in recent years,particularly in relation to the type of activity allowed and the location of accessory buildings. Proposed revisions were presented for public hearing in 1992 and 1995,but were not adopted due to the preference of the Board i 2 of Commissioners to deal with the home occupation provisions as a whole,rather than modifying particular standards. The proposed amendment seeks to clarify the intent of home occupation regulations,provide greater emphasis on performance standards, and simplify the text. RECOMMENDATION: Article 20 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within 30 days of receipt of an application. However,Article 20.4 exempts any application for amendments to the Zoning Ordinance by either the public or the County from the provisions of Article 20.3. In either case, though, the public hearing is the time scheduled for presentation of the Zoning Officer's Recommendation. Zoning Officer Recommendation Provided that the Planning Board and Board of Commissioners find in the affirmative, the Zoning Officer recommends approval of the proposed text amendment. Administration Recommendation The Administration recommends that the proposed amendment be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than August 5, 1996 3 t PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 6.16.6 Home Occupations ORIGIN OF AMENDMENT: _X Staff _X_Planning Board _X^_BOCC Public Other: STAFF PRIORITY RECOMMENDATION: _X_High Middle Low Comment: PUBLIC HEARING DATE: May 28, 1996 The existing home occupation regulations are contained in Article 6.16.6.1 through 6.16.6.4: 6.16.6.1 provides standards for zoning districts with a minimum lot size of 20,000 square feet(.46 acre)or less 6.16.6.2 provides standards for lots smaller than 200,000 square feet(4.6 acres)in the AR,RB, and R-1 zoning districts. 6.16.6.3 provides standards for larger than 200,000 square feet in the AR,RB, and R-1 zoning districts. 6.16.6.4 contains application and approval procedures There are currently 120 approved home occupations in Orange County. Seventy-nine(66%) are contained entirely within the residence and do not utilize an accessory building or outdoor storage area. The remaining 41 involve an accessory structure. The size of accessory structures range from 25 to 2000 square feet, and average 941 square feet. Seven utilize some outdoor storage area. With the exception of several uses located in Wildwood Subdivision, all of the home occupations are located in either the AR,RB or R-1 zoning districts. A list of home occupations which have been approved by the Planning Staff, including the type of business,lot size, and the size of accessory building, is attached. Concerns with home occupation provisions have been raised on several occasions in recent years,particularly in relation to the type of activity and the location of accessory buildings. Proposed revisions were presented for public hearing in 1992 and 1995,but were not 4 ,y adopted due to the preference of the Board of Commissioners to deal with the home occupation provisions as a whole,rather than modifying particular standards. The proposed amendment seeks to clarify the intent of home occupation regulations, provide greater emphasis on performance standards, and simplify the text. The major changes proposed are summarized as follows: • With exception of the maximum size allowed for accessory buildings, a uniform set of standards would apply to all home occupations,regardless of lot size and zoning district. • Certain uses which are likely to generate traffic,visual or other impacts unsuitable for a residential area are explicitly prohibited as home occupations. • Specific standards for traffic generation are included. • A size limitation on vehicles associated with a home occupation is included. • Accessory buildings are required to have a residential appearance. • No more than 1000 square feet of an accessory building may be used for a home occupation. • New structures built for the purpose of conducting a home occupation would be limited to 1000 square feet in area. • An existing accessory structure which is larger than 1000 square feet may be used for the home occupation only if no more than 1000 square feet is used for that purpose, and any remaining area remaining in the structure is physically separated by walls or other barriers. In order to qualify as an existing accessory structure for the purpose of conducting a home occupation, the structure must have been constructed to meet building code requirements applicable to a residential accessory structure, and must have been in existence for at least twenty-four months. • Additional setbacks for home occupation accessory buildings on lots larger than 200,000 square feet are eliminated. Currently, accessory buildings are required to be 30 feet farther from the road than the residence and side and rear setbacks are required to be 40 feet rather than 20 feet. Screening from adjacent roads and properties through landscaping and/or fencing would continue to apply. • Outdoor storage area is limited to 500 square feet, must be located at least 40 feet from all property lines and roads, and must be screened in the same manner as required for an accessory structure. 5 T Sixteen of the existing home occupations (13%)would become non-conforming with respect to use: ten truck/auto repair and/or detailing businesses, two hauling businesses using dump trucks, two electrical and one heating/ac contractor, and one backhoe operator. Thirteen of the 41 home occupation accessory structures(32%)are 1000 square feet or larger. If the proposed amendment is approved, six of the existing home occupations with accessory buildings would become non-conforming with respect to use. Conformity of the remaining seven would require inspection in order to determine if more than 1000 square feet of the building is occupied. Article 11 of the Zoning Ordinance allows non-conforming uses to continue,provided that there is no enlargement, intensification, or alteration of the use. Any change to the operation of a nori-conforming home occupation would result in its termination. EXISTING AND PROPOSED ORDINANCE PROVISIONS (Proposed text underlined.) Article 22 DEFINITIONS- HOME OCCUPATIONS An accessory business use,which is owned or operated by the resident, of residentially.-zoned property, which�usiness is clearly incidental and subordinate to the principal residential use of the property. Article 6.16.6 REGULATIONS CONCERNING HOME OCCUPATIONS (Articles 6.16.6.1, 2 and 3 are to be replaced with the following text. The existing text is provided as an attachment.) 6.16.6.1 Purpose and Intent Home Occupation regulations are intended to provide an o= ni for home-based businesses in residential districts provided that the business use is clearly incidental and secondary to the residential use of the propcM and does not have a negative impact on the residential character of the neighborhood. Certain uses, due to the nature of their operation with regard to traffic generation and p<gtenti l visual and other i=acts. are not intended to be permitted as home occupation The following activities are explicitly prohibited as home occupations: automotive repair,automotive service automotive detailing.,body shop.hauling, and building,electrical.plumbing_ mechanical . gar ding or other construction contract*ng, The above list is not intended to include all uses which may be unsuitable as a home oc=pation Home Occupation applications for other uses may be denied if each of the Standards of Approyal listed'n Article 6.16.6.2 is not filly met. 6 g) Use of Accessory Structures (1) An accessory building containing up to 1000 sghare feet may be utilized in the R3. AR and R-1 zoning districts, provided that building has the appearance of a residential accessory structure. (2) The accessory structure must be screened from view of the road and adjacent proper by a densely planted evergreen hedge of shrubs or trees. In lieu of an evergreen hedge. a six (6) foot stockade fence and deciduous plant materials may be used for screening.purposes. (3) New structures built for the p=ose of conducting a home occupation shall not exceed 1000 square feet in area. (4) An existing_accessory structure which is larger than 1000 square feet may be used for the home occupation provided that no more than 1000 square feet is used for the home occupation and the area is physically separated by walls or other barriers. In order to qualify as an existing accessory structure for the p=ose of conducting a home occupation. the structure must have been constructed to meet building_ code requirements applicable to a residential accessory structure, and must have been in existence for at least twenty-four months, d) Use of Outdoor Storage i TJp to 500 square feet of outdoor storage area may be used in the R3, AR and R-1 zoning districts provided that it: (1) is clearly defined on the site plan and on the ground. (2) is located at least 40 feet from any lot line or road right-of-way; and (3) is totally screened from the view from the road and from adjacent pro=y in the same manner as is required for accessory buildings. 6.16.6.3 Home Occupation Permit-Application Procedure No home occupation may be operated in a residence except as permitted under this Ordinance and only after a Home Occupation Permit has been issued by the Zoning Officer. 7 6.16.6.2 Standards of Approval a) General Operation (1) One sign no larger than two sQuare feet in area is po itte (2) No equipment or process shall be employed that will cause noise vibration. glare. odor or electrical interference detectable to the normal senses at the lot lines in the case of detached dwelling units or outsid the dwelling unit in the case of attached dwelling units, (3) The on-premises sale and delivery of goods which are not produced nn the premises is =hibited. except in the case of the delivery and sale of goods incidental to the provision of a service (4) The owner or operator of the home occupation must live in a residence located on the same zoning lot as the home occupation No more than two (2) individuals not living in the residence may work in the home occupation. (5) In all residential districts excgZ RB, AR and R-1, no more than 35% of the floor area of the dwelling unit or 500 square feet whichever is less.may be used for the home occupation. b) Limitations on Traffic Generation (1) Traffic generated by visitors, customers, or deliveries shall not exceed more than two business trips = hour. more than eight trips = day, or more than two deliveries of products or materials per week (2) Parking generated by the home occupation shall he met off the street and other than in a= it d yard area. (3) There shall be no use of a vehicle with a load capacity in excess of three-Quarter tons in connection with the home occupation including vehicles used for delivery or pick-up . Vehicles with the permitted load capacity generally include large pick-up trucks,, and delivery trucks and vans such as those used by LIPS, but would not include vehicles such as tractor trailers or dumn trucks- 8 i An application for a Home Occupation Permit shall be filed with the Zoning Officer and shall be submitted on forms provided by the Zoning Officer. Such forms shall be prepared so that when completed a full and accurate description of the proposed use, including its location, appearance, and operational characteristics are disclosed. In addition to the application, the applicant is required to submit a site plan of the property on which the home occupation is to be located. The site plan shall show the location of the residence or accessory building in which the home occupation is to be located in relation to existing property lines and adjacent homes;the location, number,and means of access to required off-street parking areas;and the location and type of required landscaping and/or screening. The applicant is also required to submit a floor plan of the residence or accessory building in which the home occupation is to be located. The plan shall show the location, size, and use of each room or area within the residence or accessory building. No review will occur until all required materials are submitted. Failure to submit all materials is grounds for denial and rejection of the application. Upon a determination that the application is complete,the Zoning Officer shall cause a review of the application to be made. The review shall determine if the proposed home occupation conforms with all requirements of this Ordinance. Based on the review, the application will be approved, approved with conditions,or denied. If conditions are attached to the approval of a permit, they may address deficiencies in meeting specific Ordinance requirements or they may address specific impacts which result from the operation of the home occupation. In the latter case, the conditions may include, but not be limited to, limitations on the hours of operation, the number of vehicles to be parked on the premises, and the location of an accessory building, storage area or parking on the property. In addition, the Zoning Officer may require greater setbacks and/or additional landscaping or screening to adequately screen the home occupation from adjoining properties. If the application is approved, either with or without conditions, the Zoning Officer shall send the applicant a permit letter informing him of the approval and of the requirements of the Ordinance that apply to the home occupation. The permit letter must be signed by the applicant to indicate his/her willingness to operate the home occupation in conformance with the requirements and conditions set forth in the permit letter. Each permit letter shall be kept on file by the Zoning Officer and shall constitute the Home Occupation Permit for the particular use in question. The home occupation may be operated by the J 9 applicant as long as it is operated in conformance with the requirements and conditions set forth in the permit letter. If the application is denied, the Zoning Officer shall notify the applicant of the denial and shall state the reasons for denial in writing. The applicant may appeal the decision of the Zoning Officer to the Board of Adjustment as set forth in Article 21 of this Ordinance. 4 10 r ROME OCCUPATION (In Residence) Occupation Lot Size -------------------- -------- accounting 5.57 answering service 1.00 auto repair office 10.00 auto repair/service 1.39 backhoe service 5.30 bakery 1.50 baking 1.01 basket-making 1.75 beauty shop .25 beauty shop .53 beauty shop .95 beauty shop 2 .30 beauty shop 6.40 book consultant 1.30 Bookkeeping 1.04 bookkeeping 1.07 bookkeeping 1.31 builder 2.50 catalog sales 12,01 chimney sweep 1.41 cleaning service 1.82 coffee machine sales 2. 18 computer assembly 1.00 computer consulting .23 computer repair 4.00 counseling 3.00 crafts 1.00 crafts 1.02 crafts 1.26 crafts/ceramics .96 dental lab 7.50 drafting/design .23 electronics repair 1.00 executive search 2.10 fishing rod repair 11.70 framemaker 4.80 instrument repair 2.70 Insurance 2.70 jewelry import .42 kneepad marketing .92 landscape office 2.50 locksmith .50 mail order .78 make video tapes 1.20 massage 2.30 massage 10. 10 massage 90.00 medical consulting 5.56 medical information . 18 personalized gifts 2.40 personnel consulting 4.60 phone sales 2.00 phone/computer sales 7. 16 psychotherapy .96 publishing 2 .33 real estate .34 oa��to 1 An travel agent . 17 travel consulting 1.36 11 tutoring 1.27 typing 2.00 typing 119.90 weaving 2.59 writer 3.00 writer 84.00 jewelry/sewing .46 desktop publishing 1 . 80 computer consulting 1 . 58 crafts -4 . 5 crafts . 22 health care consulting 2 . 87 music promotions 12 . 70 stock vending machines 1 .98 Total number : 79 Average lot size : 6 .92 acres t 12 ROME OCCUPATIONS (in Accessory Building) Bldg SF Lot Size Occupation Outdoor Storage 25 2.50 telemarketing no 300 1. 14 woodworking no 432 2.90 hand mirrors no 480 4.00 engineering consulting no 512 3.00 crafts no 576 1.00 beauty shop no 576 2.40 ceramics no 584 4.27 massage/architecture no 600 1.50 painting/refinishing no 600 5.22 gunsmith no 640 5.81 painting/pottery no 726 7.00 catering no 728 .73 engineering consulting no 748 .50 lawnmower repair no 755 10.00 guide books no 775 60.70 appliance repair no 800 1.00 truck repair no 800 1.50 artist no 800 2.23 book mail order no 858 2.44 art studio no 952 4.46 clay jewelry yes 960 1.50 physician no 960 3.46 pottery no 980 2.12 auto repair no 1,000 2.98 electrical contractor no 1,000 8.20 machine shop no 1,000 10.00 woodworking no 1,000 110.28 iewelry design no 1,200 8.99 metal sculpture no 1,200 15.00 auto repair yes 1,200 67.30 dump truck/landscaping no 1,300 10. 10 woodworking no 1,344 59.32 computer consultant no 1,440 13..90 furniture maker yes 1,600 13.27 prison outreach no ' 1,600 65.93 woodworking yes 1,653 5.75 auto repair/detailing yes 2,000 20.00 heating/ac repair no 2,000 232.90 metal forging yes - 2, 000 6 . 00 auto repair yes 1 , 512 20 . 50 build furniture no Total : 41 subject to the following conditions : 13 a) All structures, buildings or enclosed areas, used for housing of poultry, hogs, cattle or other livestock, shall be a minimum of one hundred feet from all property lines . b) No structures, buildings or enclosed areas, housing poultry, hogs, cattle or other livestock shall be less than one hundred twenty feet from any residence. C) Care shall be exercised that odor is kept to a minimum level through frequent cleaning of the area. d) Prior to making this exception, the applicant shall receive from the Orange County Health Department a letter stating that the applicant has reviewed the Health Department's requirements for operation of a feeder-type facility and understands the health requirements that must be met. Any violation of a Health Department regulation shall be considered a violation of this ordinance. *6 . 16. 6 Regulations Concerning Home Occupations , As An Accessory Use *Amended 2-1-88 6. 16 . 6 . 1 Home Occupations _Ln All Residential Districts Except RB. AR and R-1 Amended 10-5-87 The following restrictions shall be applied to all home occupations in all residential districts , except RB, AR and R-1. a) No external evidence of its existence shall be visible except a sign as permitted by Article 9 . b) No more than thirty-five percent ( 35%) of the floor area of the dwelling unit or five hundred (500 ) square feet, whichever is less, can be used for the home occupation. c) No equipment or process shall be employed that will cause noise, vibration, glare, odor or electrical interference detectable to the normal senses at the lot lines in the case of detached dwelling units or outside the dwelling unit, in the case of attached dwelling units. d) The on-premises sale and delivery of goods which are not produced on the premises is prohibited, except in the case of the delivery and sale of goods incidental to the provision of a service. e) All activities shall be conducted within the dwelling unit. f) No more than one ( 1) individual, not residing in the dwelling unit, may work in the home occupation. 6-20 14 . g) No traffic shall be generated- by such home occupation in significantly greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home occupation shall be met off the street and other than in a required yard area. 6 . 16 . 6 .2 Home Occupations in the RB ,_ AR and R-1 Districts Amended The following restrictions shall be applied on home 10-5-87 occupations in the RB, AR and R-1 districts on lots less than 200, 000 square feet. a) A maximum of 1, 000 square feet of floor area may be used for the home occupation. This floor area can be a detached accessory structure. When a detached accessory structure is used for the home occupation, the total floor area of the accessory structure cannot exceed 1, 000 square feet. b) If an accessory structure is to be used for the home occupation, the following standard must be met: 1. The accessory building and any required off-street parking shall be adequately screened from view of the road and adjacent property by a densely planted evergreen hedge of shrubs or trees. In lieu of an evergreen hedge, a six ( 6) foot stockade fence and deciduous plant materials may be used for screening purposes . C) Signs shall be as provided in Article 9 . d) The on-premises sale and delivery of goods which are not produced on the premises is prohibited, except in the case of the delivery and sale of goods incidental to the provision of a service. e) No equipment or process shall be employed that will generate noise, vibration, glare, odor or electrical interference detectable at the lot lines of the lot on which the home occupation is located. f) No more than two (2) individuals not residing in the dwelling unit may work in the home occupation. g) Any outside storage of materials for use in the home occupation shall be totally screened from the road and from adjacent property. in the same manner as the accessory structures. The storage area shall not exceed 500 square feet. The setback from the side and rear property lines shall be the same as for an accessory building used as a home occupation. h) No traffic shall be generated by such home occupation in significantly greater volumes than would normally be expected in a residential neighborhood, and any need for 6-21 parking generated by the conduct of the home occupation 15 shall be met off the street and other than in a required yard area. *6. 16. 6. 3 HoLne Occupations in the RRB, AR and R-1 Districts (Min. 200 , 000 square foot lots . *Amended 2-1-88 The following restrictions shall be applied to home occupations in the RB, AR and R-1 districts on lots in excess of 200, 000 square feet. a) A maximum of 2,000 square feet of floor area may be used for the home occupation. This floor area can be in a detached accessory structure. b) If an accessory structure is to be used for the home occupation the following criteria must be met: 1. The accessory building shall be set back at least thirty (30) feet farther from the road than the residence. 2 . The accessory building shall not be closer than forty (40) feet to the side and rear lot lines . 3 . The accessory building and any required off-street parking shall be adequately screened from view of the road and adjacent property by a densely planted evergreen hedge of shrubs or trees . In lieu of an evergreen hedge, a six ( 6) foot stockade fence and deciduous plant materials may be used for screening purposes. 4 . Any outside storage of materials for use in the home occupation shall be totally screened from the road and from adjacent property in the same manner as the accessory structures . The storage area shall not exceed 1, 000 square feet. The setback from the side and rear property lines shall be the same as for an accessory building for use as a home occupation. a C) Signs shall be as provided in Article 9 . d) The on-premises sale and delivery of goods which are not produced on the premises is prohibited, except in the case of the delivery and sale of goods incidental to the provision of a service. e) No equipment or process shall be employed that will generate noise, vibration, glare, odor or electrical interference detectable at the lot lines of the lot on which the home occupation is located. f) No more than two (2) individuals not residing in the dwelling unit may work in the home occupation- 6-22 *,6.-,6 . 6. 4 HoLne Occupation Permit _ Application Procedure 16 No home occupation may be operated in a residence except as 2-1-88 permitted under this Ordinance and only after Home Occupation Permit has been issued by the Zoning Officer. An application for a Home Occupation Permit shall be filed with the Zoning Officer and shall be submitted on forms provided by the Zoning Officer. Such forms shall be prepared so that when completed a full and accurate description of the proposed use, including its location, appearance, and operational characteristics are disclosed. In addition to the application, the applicant is required to submit a site plan of the property on which the home occupation is to be located. The site plan shall show the location of the residence or accessory building in which the home 'occupation is to be located in relation to existing property lines and adjacent homes; the location, number, and means of access to required off-street parking areas; and the location and type of required landscaping and/or screening. The applicant is also required to submit a floor plan of the residence or accessory building in which the home occupation is to be located. The plan shall show the location, size, and use of each room or area within the residence or accessory building. Upon a determination that the application is complete, the Zoning Officer shall cause a review of the application to be made. The review shall determine if the proposed home occupation conforms with all requirements of this Ordinance . Based on the review, the application will be approved, approved with conditions, or denied. If conditions are attached to the approval of a permit, they may address deficiencies in meeting specific Ordinance requirements or they.may address specific impacts which result from the operation of the home occupation. In the latter case, the conditions may include, but not be limited to, limitations on the hours of operation, the number of vehicles to be parked on the premises, and the location of an accessory building, storage area or parking on the property. In addition, the Zoning Officer may require greater setbacks and/or additional landscaping or screening to adequately screen the home occupation from adjoining properties . If the application is approved, either with or without conditions, the Zoning Officer shall send the applicant a permit letter informing him of the approval and of the requirements of the Ordinance that apply to the home occupation. The permit letter must be signed by the applicant to indicate his/her willingness to operate the home occupation in conformance with the requirements and conditions set forth in the permit letter. Each permit letter shall be kept on file by the Zoning Officer and shall constitute the Home Occupation Permit for the particular use in question. The home occupation may be operated by the 6-23 17 applicant as long as it is operated in' conformance with the requirements and conditions set forth in the permit letter. If the application is denied, the Zoning Officer shall notify the applicant of the denial and shall state the reasons for denial in writing. The applicant may appeal the decision of the Zoning Officer to the Board of Adjustment as set forth in Article 21 of this Ordinance. 6 . 16 . 7 Storage of Junked or, Wrecked ed Motor Vehicles Amended The storage of junked or wrecked motor vehicles is 2-5-86 specifically prohibited in all residential districts . This section does not apply to any motor vehicle in an enclosed building which building conforms to applicable building code and zoning regulations or which building lawfully exists as a non-conforming use under applicable building code and zoning regulations . 6 . 16 . 8 Temporary Yard Sale Temporary yard sales are permitted in all residential districts provided that these sales do not exceed two days per month. 6 . 16. 9 Temporary Fund Raising Activity Temporary fund raising activities are permitted in all residential districts provided that these activities do not exceed two days per month. 6 . 16 . 10 Recreational Facilities (Profit/Non-Profit) The following restrictions shall be applied to profit or non-profit recreational facilities such as a golf course or country club with golf course: a) The minimum lot area shall be 50 acres . b) No building shall be closer than 20 feet to a property line or the minimum requirements of the district whichever is greater. C) No .more than 2 identification signs, not to exceed 16 square feet each and not located closer than 1 foot to the right-of-way. d) No adverse impacts such as noise or glare shall extend beyond the lot boundaries . 6. 16. 11 Recreational Facilities (Profit) The following restrictions shall be applied to for profit recreational facilities such as tennis clubs, swim clubs, racquet ball, squash clubs, pitch and putt courses, amusemer. areas, bowling allies, skating rinks, shooting ranges, billiard and pool halls, indoor athletic facilities and such similar uses; 6-24