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HomeMy WebLinkAboutNSN ORD-1996-031 Zoning Ordinance Text Amendment Article 6.16.6 Home Occupations D 1 gct � - a 31 1 ORANGECOUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 3. 1996 Action Agenda Item# 1,LIIL-E SUBJECT: ZONING ORDINANCE TEXT AMENDMENT Article 6.16.6 Home Occupations DEPARTMENT: PLANNING PUBLIC HEARING Yes_X_No BUDGET AMENDMENT REQUIRED Yes X No ATTACHMENT(S): INFORMATION CONTACT: Existing Regulations Mary Willis Proposed Amendment Extension 2583 List of Existing Home Occupations 6/26/96 Public Hearing Minutes(draft) TELEPHONE NUMBERS: 8/7/96 Planning Board Minutes (draft) Hillsborough-732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill-967-9251 PURPOSE: To consider 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 of Commissioners to deal with the home occupation provisions as a whole, rather than modifying particular standards. 2 The proposed amendment seeks to clarify the intent of home occupation regulations,provide greater emphasis on performance standards, and simplify the text. The proposed amendment was presented for public hearing on June 26, 1996. One citizen spoke in opposition to the amendment (see attached minutes). Concerns expressed included the restrictions on size and appearance of accessory buildings, and the size limitations for delivery trucks, particularly for home occupations which would be located on very large parcels and would have no impacts on the surrounding properties. The Planning Board considered the proposed amendment on August 7, 1996. There was concern that the restrictions on vehicle size would prohibit some activities which would otherwise be appropriate as home occupations,particularly on very large lots in rural areas. An example cited was a home-based welding business, conducted on a lot 100 acres in size, to supplement to farming income. There was concern that such a business would not be allowed because deliveries of materials would require a vehicle larger than a 3/4 ton truck„ even if deliveries were infrequent, there was no impact on the neighborhood, and all other home occupation requirements were met. The Planning Board unanimously recommended approval of the proposed amendment, with the following revision to Article 6.16.6.2b(3) (Standards of Approval-Limitations on Traffic Generation): Them shag be me use ef a yehkel-e with a lead eqpweh�- in ex-ees-8 qf 7,. 7 ti 7 1:,. ,.. t 1. , V i 1,.. 'ith the The load capacjU of vehicles associated with the home occu an tion shall not exceed that needed to conduct the home occupation. and shall be compatible with the neighborhood within which the home occupation is located. RECOMMENDATION: The Administration recommends approval of the proposed amendment per the Planning Board recommendation, with exception of the proposed revision to Article 6.16.6.2b(3). With respect to 6.16.6.2b(3), the Administration recommends the following: There shall be no use of a vehicle with a load capacity in excess of three 0 o 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 UPS, but would not include vehicles such as tractor trailers or dump trucks. 3 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. 5 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 non-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 awned or operated by the resident of residentially-zoned property, which u 'ine is clearly incidental and subordinate to the principal residential use of the property. Article 6.16.6 REGULATIONS CONCERNING HOME OCCUPATIONS (Articles 61661, 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 Occu tina on regulations are intended to provide an onvortunityfor home-based businesses in residential districts provided that the business use is clearly incidental and secondary to the residential use of the proper 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 oc& pation The following activities are explicitly prohibited as home occc�t. pations: automotive=air. automotive service, automotive detailing .body shop hauling, and building. electrical,plumbing,mechanical -grading or other construction contracting The above list is not intended to include all uses which may be unsuitable as a home occuuation Home Occupation applications for other uses may be denied if each of the§t_idards of Approval listed in Article 6.16.6.2 is not filly met. 6 6.16.6.2 Standards of Approval a) General Operation (1) One sigm no 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 occupation. No more than two 2) individuals not living in the residence may work in the home occupation. (5) 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 occu atp ion. b) Limitations on Traffic Generation (1) Traffic generated by visitors. customers, or deliveries shall not exceed more than two business trips per hour. more than eight s 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 required yard area. ( ) r--or-ir:vaz-uo rczacnTvTmr-azcz:rcnzxrcccozvrp The load ca=4 of vehicles associated with the home occupaion shall not exceed that needed to conduct the home occupation, and shall be compatible with the neighborhood within which the home occupation is located. 7 c) Use of Accessory Structures (I)- An accessory building containing W to 1000 square feet may be utilized in the RB 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 scree i g purposes (3) New structures built for the purpose 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 occu ation provided that no more than 1000 square feet is used for the home occupation and the area is physically separated by walls or other barrier 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, d) Use of Outdoor Stdragg Ij-p to 500 square feet of outdoor storage area may be used in the , 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 rig t-of-wax• and (3) is totally screened from the view from the road and from adjacent pr-Qyin the same manner as js 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. 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 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 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 2.00 phone/computer sales 7. 16 psychotherapy .96 publishing 2.33 real estate .34 1 nn travel agent • 17 11 travel consulting 1.36 tutoring 1.27 typing 2.00 typing 119.90 weaving 2.59 writer 3.00 writer 84*00 ewelry/sewing 4 �esktop publishing 1 . 80 computer consulting 1 . 58 crafts -4 . 5 crafts . 22 healthcare consulting 2 . 87 music promotions 12 . 70 stock vending machines 1. 98 Total number : 79 Average lot size : 6 . 92 acres 12 HONE 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 Jewelry 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, 0...- 6 .00 auto repair yes 1, 512 20, 50 build furniture no Total : 41 13 subject to the following conditions : a) All structures, buildings or enclosed areas, used for housing of poultry, hogs, cattle or other livestock, shail 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 I,}r All Residential Districts Excent R3 . 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 1 4 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 RBA 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 dvelling 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 I& the RB AR and R-,1, Districts (Min. 00 000 scLuare foot lots) . *Amended 2-1-88 The following restrictions shall be applied to home occupations in the R9, 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 leas 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_.5 . 6 . 4 Home Occupation} Pe=it it _ Application °s ocedu.a 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 des.criotion 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 get forth in the permit letter. Each permit letter shall be kept on file by the Zoning Officer and shall constitute the Rome 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 of 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. Te=ora 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 SO 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) 11d. adverse impacts such as noise or glare shall extend beyond the lot boundaries. 6 . 16.11 gecreational 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, amuseme^.'t� areas, bowling allies, skating rinks, shooting ranges, billiard and pool hails, indoor athletic facilities and such similar uses; 6-24 AW-29-1996 09:39 BOCC/MANAGER 9196443004 P.04f16 6/26/96 Public Heying Minutes M Uu � T V 1 WHEREAS, W. Evemd B�psiey has devoted his time, energy and talents to this U{lcommunity 17a 2 and provided to the Orange Water and Sewer Authority since it began operation 3 in 1977 his experience and sound judgment on its behalf with integrity, dignity 4 and Vwx4 htful reflaction; and 5 6 WHEREAS, lit;Et off aAIfit avy created a vision which encouraged alliances that pronged 7 regionaliott of water resources and under his leadership, our community has 8 been afforded the best quality water in North Carolina. 9 10 NOW, THEREFORE, I, Moses Carey,Jr., speaking on behalf of the entire Board of County 11 Commissioners and all our citizens,do hereby express our deep gratitude and 12 sincere appreciation to W. Everett Billingsley for his leadership and dedicated 13 and distinguished service to our community as Executive Director of the Orange 14 Water and Sewer Authority and extend to him our best wishes for a long and 15 well-deserved retirement. 16 17 VOTE: UNANIMOUS 18 19 20 VI. SPECIAL PRESENTATIONS 21 A. DISTINGUISHED BUDGET PRESENTATION AWARD 22 Chair Caney presented the Distinguished Budget Presentation Award of the Government 23 Finance Officers'Association to Budget Director Sally Kost and Budget Management Analyst Donna 24 Dean. He commended them for their dedication and for receiving the highest form of recognition in 25 governmental budgeting for the sixth consecutive year 26 27 Z PUBLIC HEARINGS 28 A. Z Q CE TEXT AMENDMENT=ARTICLE 6.16.6 HOME OCCUPATIONS 29 Planner Mary WNs presented for citizen comment a proposed amendment to the Zoning 30 Ordinance provisions relating to home occupations as presented in the agenda. The existing home 31 occupation regulations are contained in Article 6.16.6.1 through 6.16.6.4. 32 In answer to a question from Commissioner Gordon about setbacks, Mary Willis said that 33 what they tried to do was to keep the same set of standards without breaking things up according to 34 just the lot size. They had encountered previous problems with the provision that accessory buildings 35 must be 30 feet further from the road than the residence on larger lots. The setbacks, in most districts, 36 would be 20 feet from the side and rear property lines and 40 feet from the front. 37 38 THE PUt3UC HEARING WAS OPEN FOR CITIZEN COMMENT 39 Max Kennedy.General Contractor with a home occupation permit, made reference to 40 the agenda materials and commented about several of the proposed changes. He said that at present 41 the most floor space usable in an assessory building is 2,000 feet and the greatest number of feet 42 available in a storage facility is 1.000 feet This is on property with more than 200,000 square feet. He 43 made reference to the list of home occupations which are presently legal in Orange County and said 44 that there are a number of these which do not use.any outside buildings because they are completely 45 contained within a home and a number which occupy a considerable amount of space. The smallest 46 being 1/4 awe and the largest being 232 acres. He disagrees that one size fits all. He does not feel 47 the impact would be the some in every case_ The proposai is that there be one requirement regardless 48 of lot size and he does not fief that is realistic. it also requires that any building approved in the future 49 have a residential appearance. This does not take into consideration a number of farm buildings that 50 will be available as farmers cease to fart and have barns they could utilize for a very productive home 51 occupation. He disagrees with this proposed change. Max Kennedy noted he disagrees with the 52 reference to the size of the vehicle that can make deliveries. In his particular case, he has enough 53 room for larger bucks to make deliveries and egress safely. He ask the County Commissioners to 54 leave the Home Occupations portion of the Zoning Ordinance as it is. AUG-29-1996 0940 BOCC/MANAGER 9196443004 P.05i16 1 4 i# I I � 17b 2 Mary Willis said that with regard to the use of existing barns or famti-type buildings in the 3 future, that would be pwmifted under C-4. She said that what they are trying to do with this 4 amendment is to assure that if someone is going to build a new building,an accessory building,for the 5 purpose of corActing a home occupation, that it be 1,000 square feet and that it take on a residential 6 appearance to try to blend in with that area. There are provisions for existing buildings that may be 7 converted to horns occupations in the future regardless of the appearance of the building. 8 9 A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to 10 refer this amendment to the Orange County Planning Board for a recommendation to be returned to 11 the Board of County Commissioners no sooner than August 5, 1998. 12 VOTE: UNANIMOUS 13 14 B PROPOSE,D ZONING QM—NANCE TEXT AMENDMENT I ARTICLE 8.8.24 HISTORIC 15 STR TORE 16 Planner Mary Willis made this presentation. All background information is in the agenda. 17 This proposed amendment to the Zoning Ordinance would be to Article 8.8.24 to include historic 18 property as well as structures in the consideration of Special Use Permits for the non-residential use of 19 historic structures. 20 Commissioner Gordon asked that this amendment be reviewed in the context of a 21 modem house with historic outbuildings. 22 THERE WERE NO PUBLIC COMMENTS 23 24 A motion was made by Commissioner Gordon, seconded by Commissioner Crowther 25 to refer this item to the Orange County Planning Board for a recommendation to be returned to the 28 Board of County Commissioners no sooner than August S. 1996. 27 VOTE: UNANIMOUS 28 29 C. PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENT_•ACTION 30 SUBSEQUENT TO.SUBDIVISION APPROVAL 31 Planrw Mary Willis made this presentation- This technical amendment would dekte the 32 requirement in the Subdivision Or*mnce that a Planning Staff member be present each time a final 33 plat is recorded in the Register of Deeds Office. The purpose of this provision is to insure that all 34 required auxiliary docurnents.such as Road Maintenance Agreements and Declaration of Restrictions 35 are recorded with the plat. 36 37 Register of Deeds, Betty June Hayes indicated she does not endorse this amendment 38 and that she will summit her comments in writing which will be included in the agenda when it is 39 returned to the County Commissioners for consideration of approval. 40 41 THERE WERE NO CITIZEN COMMENTS 42 43 A motion was made by Commissioner Gordon,seconded by Commissioner Crowther to 44 refer this item to the Planting Board for a recommendation to be returned to the Board of County 45 C Off I no sooner than August 5. 1996. 46 VOTE: UNANIMOUS 47 48 C K=X HEARINQ AND RESOLUTION QN 5011503 W. FRAM'FINANCING 49 John lank summarized the information in the agenda. Purchasing Director Pam Jones 50 made raferonoe to the supplemental information. She summarized the steps taken to purchase the 51 building. She gave an overview of the environmental assessment, the physical inspection of the 52 property,the peograrrss that will be offered and the upfit that will be necessary ===_- 53 Commissionw Gordon expressed a concern that the Environmental Assessment be 54 done by professionals and that there be enough money for the upfii August 7, 1996 Planning Board Minutes 18 would not be increased on existing non-conforming structures would address this concern and Mr.Styers agreed. Strayhorn asked if a tower is removed whether another tower could be placed on the site or must the entire process be followed again. Willis responded that the entire application process would have to be followed to place a tower on a site where one has been removed. Strayhorn asked what could occur in the fall zone around the tower. Willis responded that the fall zone had been replaced with specific setback requirements. MOTION: Strayhorn moved to approve the proposed amendment as recommended by the Planning Staff. Seconded by Hoecke. VOTE: Unanimous. (2) Article 6.16.6 Regulations Concerning Home Occupations Presentation by Mary Willis. This item is to consider a proposed amendment to Zoning Ordinance provisions relating to home occupations. The existing home occupation regulations are contained in Article 6.16.6.1 through 6.16.6.4. 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 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 proposed amendment was presented for public hearing on June 26, 1996. One citizen spoke in opposition to the amendment. Concerns expressed included the restrictions on size and appearance of accessory buildings,and the size limitations for delivery trucks,particularly for home occupations which would be located on very large parcels and would have no impacts on the surrounding properties. The Planning Staff recommends approval of the proposed amendment(copy an attachment to these minutes on pages ) -Strayhorn expressed concern with treating a small lot the same as a larger lot. Strayhorn continued that many farmers have a welding business located on their farms and the supplies needed for such a business could not be delivered in/on a pickup truck. Willis responded that one of the greatest issues regarding home occupations has been the issue of traffic and the size of vehicles. That is the reason for trying to address vehicle size in the proposed amendments. Traffic impact has been one factor to help determine whether an occupation qualifies as a true home occupation. 19 Price noted that in rural areas,there may be uses that would be associated with agricultural uses and not necessarily be home occupations as they would be in an urban residential area. Strayhom commented again that a use such as welding would require at least a two- ton truck to deliver supplies needed for welding. Strayhom asked about the types of complaints. Willis responded that most complaints are related to uses which involve vehicles,such as automobile repair and the visual impact as the business grows. It has been determined that there are some existing home occupations which would not qualify as such if proposed amendments are adopted. Additional home occupation permits for those uses would not be approved. MOTION: Brooks moved approval of the proposed amendments as recommended by the Planning Staff and the recommendation that load capacity of vehicles shall be determined by the needs of the home occupation and shall not exceed those needs. Seconded by Strayhom. Willis suggested that additional wording be included such as:provided that the expected needs are compatible with the neighborhood. Hoecke stated that going to such detail is micro management. If a use is compatible, everything connected with the use would be compatible. Either it is compatible or it isn't. The amendment was restated by Hoecke: There shall be no use of a vehicle in connection with the home occupation that would be in excess of what is appropriate to that occupation providing that it is compatible with the neighborhood. The motion and second accepted the amendment. VOTE: Unanimous. (3) Article 8.8.24 Special Uses(Uses of Historic Structures) Presentation by Mary Willis. The non-residential use of historic structures is permitted in the AR,RI and RB zones provided a Class A Special Use Permit is obtained from the Orange County Board of Commissioners. Standards that must be complies with are specified in Article 8.8.24 of the Zoning Ordinance. The proposed amendment would clarify that the historic nature of the property as well as the structure may be considered in the Special Use Permit approval process. --The proposed amendment was presented for public hearing on June 26, 1996. Commissioner Gordon asked if the amendment would allow use of a modem structure on historic property. Use of a non-historic structure could be approved if all applicable findings could be met from the standpoint of preserving or enhancing the historic integrity of the site. There were no citizen comments. U i2.0 - I 4`I � _ CD vita ,� The Board approved proceeding wit construction activities related to placing earth and rolt� fill in the existing "borrow pit" area within the planned Eno Riverfront Park in the County's Hillsborough campus area. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA E. ZONING ORDINANCE TEXT AMENDMENT_HOME OCCUPATIONS A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to add to the end of Section 6.16.6.2(c)(4) language which would indicate that the residential accessory structure must have been in existence for at least thirty-six months before September 3, 1996. VOTE: AYES, 2; NOES, 3 (Chair Carey, Commissioner Halkiotis, Commissioner Willhoit) A motion was made by Commissioner Crowther, seconded by Commissioner Willhoit to approve the proposed amendment per the Planning Board recommendation, except for the proposed revision to Article 6.16.6.2b(3). With respect to ;6.16.6.2b(3), the Administration recommends the following: There shall be no use of a vehicle with a load capacity in excess of one ton 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 UPS, but would not include vehicles such as tractor trailers or dump trucks. VOTE: UNANIMOUS G. ZONING ORDINANCE TEXT AMENDMENT -TELECOMMUNICATION TOWERS The Board discussed the height of towers requiring administration approval. A motion was made by Commissioner Crowther, seconded by Commissioner Gordon to lower the height of towers which may be approved by the administration to 120 feet. VOTE: AYES, 2; NOS, 3 (Commissioners Carey, Halkiotis and Willhoit) After ensued discussion, a motion was made by Commissioner Halkiotis, seconded by Chair Carey to table this item for further consideration at a future meeting. VOTE: UNANIMOUS APPOINTMENTS Industrial Development Review Board Authority Commissioner Gordon asked about staggered terms to run concurrently with the Economic Development Commission appointments. Economic Development Director Ted Abernathy explained that the terms will end at the same time the persons term ends on the EDC. A motion was made by Commissioner Crowther, seconded by Commissioner Halkiotis to appoint the following individuals with the terms as indicated below: Ed Siebert for a term ending 6/30/97 Bill Bracey for a term ending 6/30/98 R. Keith Coleman for a term ending 6/30/98 Lilyn Hester for a term ending 6/30/97 Bev Webb for a term ending 6/30/98 Cathy Carroll for a term ending 6/30/98 Stuart Wallace for a term ending 6/30/97 VOTE: UNANIMOUS IX. ITEMS FOR DECISION - REGULAR AGENDA A. SIBLING PINE ESTATE PRELIMINARY PLAN Planner Eddie Kirk made this presentation. The property is located in Eno Township on the east side of Pleasant Green Road. It is zoned Agricultural Residential and Lower Eno Protected Watershed. The property is wooded with large residential lots to the north and south. The tract is 30.64 acres in size with seven (7) new residential lots proposed that average 4.38 acres in size. Each lot will have an individual well and septic system.