HomeMy WebLinkAboutNS ORD-1996-017 Proposed Zoning Ordinance Amendment Article 6.16.6 - Home Occupations r
ORANGECOUNTY
BOARD OF COMMISSIONERS
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: June 26, 1996
Action Agenda
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
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 O f-cer 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 S, 1996
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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
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.
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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 u i s use w i
is owned or operated by the resident; of residential-y-zoned property,which_busjne,m is
clearly incidental and subordinate to the principal residential use of the property.
Article 6.16.6 REGULATIONS CONCERNING ROME 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 opportune for home-based
businesses in residential districts.provided that the business use is clearly incidental
and secondary to the residential use of the property 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 potential visual and other impacts, 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 electricalLplumbeng, mechanical . grrading-or other
construction contracting.
The above list is not intended to include all uses which mU be unsuitable as a home
occupation Home Occupation applications for other uses may be denied if each of
the Standards of Approval listed ire Article 6 16 6 2 is not fullY met
6
g,) Use of Accessory Structures
(11 An accessory building containing up to 1000 square feet may be
utilized in the RB. AR and R-1 zoning districts. rovided 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 dense planted evergreen hedge of shrubs or
ages In lieu of an evergreen hedge a six (6) foot stockade fence and
deciduous plant materials may used for scree nin- aces
(3) New structures built for the purpose of conducting a home occu an tion
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 th n
1000 square feet is used for the home occ pation and the area is
physically sgparated separated by walls or other barriers In order to qualify
an existing accessory structure for the purpose of conducting a home
occWatiom 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 twen , our
months,
d) Use of Outdoor Storagg
IJp to 500 square feet of outdoor storage area may be used in the RB. 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 my; and
(3) is totally screened from the view from the road and from adjacent
propaly in the same manner 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.
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6.16.6.2 Standards of Approval
a) General Operation
(1) One sign larger than two square feet in area is permitted..
(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 outside
the dwelling unit. in the case of attached dwelling units.
(3) 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.
(4) The owner or operator of the home occupation must live in a residence
located on the same zoning lot as the home occupatiod. No more than
two (2) individuals not living in the residence may work in the home
occupation.
( ) In all residential districts except 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 r►er hour, more than eight trips per day
or more than two deliveries of products or materials per week
(2) Parking_generated by the home occupation shall be met off the street
and other than in a mquired Yard area.
(3) There shall be no use of a vehicle with a load capag:11y in excess of
ht_ree_auarter tons in connection with the home occupation including
vehicles used for deliv=nr ip ck-up Vehicles with the permitted load
capaci y generally include large nick-= trucks and delivery trucks
and vans such as those used by UPS but would not include vehicles
Such as tractor trailers or damn trucks
8
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 completes 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
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.
10
HOME 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.Q0
phone/computer sales 7.16
psychotherapy .96
publishing 2.33
real estate .34
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
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HOME 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
i 1,000 10.00 woodworking no
1,000 110.28 1ewelry 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
4 2; 0OD 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 In 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
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 equipmeat 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
g) No traffic shall be generated- by such home occupation in 14
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
15
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 . 3 Home Occupations in the RBi AR and R-I 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.
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_4 . 6.4 Home 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 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 SProfitl
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.s
areas, bowling allies, skating rinks, shooting ranges,
billiard and pool halls, indoor athletic facilities and such
similar uses;
6-24
v»yp
for his leadership and dedicated and distinguished service to our community as Executive Director of the
Orange Water and Sewer Authority and extend to him our best wishes for a long and well-deserved
retirement.
VOTE: UNANIMOUS
VI. SPECIAL PRESENTATIONS
A. DISTINGUISHED BUDGET PRESENTATION AWARD
Chair Carey presented the Distinguished Budget Presentation Award of the Government
Finance Officers' Association to Budget Director Sally Kost and Budget Management Analyst Donna Dean.
He commended them for their dedication and for receiving the highest form of recognition in governmental
budgeting for the sixth consecutive year.
VII. PUBLIC HEARINGS
A. ZONING ORDINANCE TEXT AMENDMENT -ARTICLE 6.16.6 HOME OCCUPATIONS
Planner Mary Willis presented for citizen comment a proposed amendment to the Zoning
Ordinance provisions relating to home occupations as presented in the agenda. The existing home
occupation regulations are contained in Article 6.16.6.1 through 6.16.6.4.
In answer to a question from Commissioner Gordon about setbacks, Mary Willis said that what
they tried to do was to keep the same set of standards without breaking things up according to just the lot
size. They had encountered previous problems with the provision that accessory buildings must be 30 feet
further from the road than the residence on larger lots. The setbacks, in most districts, would be 20 feet from
the side and rear property lines and 40 feet from the front.
THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENT
Max Kennedy, General Contractor with a home occupation permit, made reference to the
agenda materials and commented about several of the proposed changes. He said that at present the most
floor space usable in an assessory building is 2,000 feet and the greatest number of feet available in a
storage facility is 1,000 feet. This is on property with more than 200,000 square feet. He made reference to
the list of home occupations which are presently legal in Orange County and said that there are a number of
these which do not use any outside buildings because they are completely contained within a home and a
number which occupy a considerable amount of space. The smallest being 1/4 acre and the largest being
232 acres. He disagrees that one size fits all. He does not feel the impact would be the same in every case.
The proposal is that there be one requirement regardless of lot size and he does not feel that is realistic. It
also requires that any building approved in the future have a residential appearance. This does not take into
consideration a number of farm buildings that will be available as farmers cease to farm and have barns they
could utilize for a very productive home occupation. He disagrees with this proposed change. Max Kennedy
noted he disagrees with the reference to the size of the vehicle that can make deliveries. In his particular
case, he has enough room for larger trucks to make deliveries and egress safety. He asked the County
Commissioners to leave the Home Occupations portion of the Zoning Ordinance as it is.
Mary Willis said that with regard to the use of existing barns or farm-type buildings in the
future, that would be permitted under C-4. She said that what they are trying to do with this amendment is to
assure that if someone is going to build a new building, an accessory building, for the Purpose of conducting
a home occupation, that it be 1,000 square feet and that it take on a residential appearance to try to blend in
with that area. There are provisions for existing buildings that may be converted to home occupations in the
future regardless of the appearance of the building.
A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to refer
this amendment to the Orange County Planning Board for a recommendation to be returned to the Board of
County Commissioners no sooner than August 5, 1996.
VOTE: UNANIMOUS
B. PROPOSED ZONING ORDINANCE TEXT AMENDMENT_ARTICLE 8.8.24
HISTORIC STRUCTURES