PUBLIC HEARING AGENDA REQUEST

Sponsor:

Board of Supervisors Meeting Date:

Planning Commission

February 8, 2007

Staff Lead:

Department:

W. Todd Benson, Assistant Zoning Administrator

Community Development

Topic:

A Zoning Ordinance Text Amendment to Sections 3-312, 3-313, 3-504, and 5-1307 to Allow Rental Businesses in Various Commercial Districts and Industrial Districts

Topic Description:

This proposed text amendment would allow rental businesses in most areas where retail is allowed.  In addition, it would allow by special permit portable toilet rentals in C-2 and Industrial Districts.  Servicing standards for all rental items are proposed.

Requested Action of the Board of Supervisors:

Conduct a public hearing and consider adoption of the attached Ordinance.

Financial Impact Analysis:

No financial impact analysis has been conducted.

Summary Staff Report: 

This proposed text amendment is designed to allow leasing businesses in commercial areas where many retail businesses currently are allowed by right or by special permit. 

With the exception of farm equipment sales, rental, and service (§ 3-314.10) motor homes sales, rental, and service (§ 3-314.10.11), automobile rentals (§ 3-314.8), and truck rentals  (§3-314.9),  leasing is not an identified permitted use. Leasing establishments likely include autos, contracting equipment, party supplies, videos, electronics, furniture, portable toilets, clothing, and tools. The proposed amendment is designed to alleviate this oversight. 

The proposed text amendment would allow rental of items where retail of such items is not now authorized. 

As a performance standard, the amendment provides that servicing of leased items and equipment  shall occur in areas completely screened from the public and accomplished without impact to adjacent properties.  Section 2-505 of the Zoning Ordinance already limits certain outdoor activities as follows: 

“In required yard area in any Commercial or Industrial Zoning Districts, no goods shall be displayed, offered for sale or stored, no service or activity of any kind that is associated with the primary use of the property shall be performed except as qualified in Paragraph 2 below, and no processing or other industrial operation of any kind shall be carried on, provided that these limitations shall not be construed to prohibit the provisions of required off-street parking spaces in any yard area, except as may be qualified by other provisions of this Ordinance.” 

The rental of portable toilets is placed in its own separate category. 

As a general rule, portable toilets are pumped empty at the site where they are used.  Pumping trucks then haul their loads to an authorized place of discharge.  Such trucks are annually inspected and licensed by the Department of Health.  At the place of storage, portable toilets are washed, usually through pressure washing.   Liquid waste is captured and disposed using the same method described previously. 

This proposed amendment was initiated by the Planning Commission on November 30, 2006.  The Planning Commission unanimously recommended approval on December 19, 2006. 

Since the Planning Commission action, the Board of Supervisors passed a Zoning Ordinance text amendment to Sections 3-312, 3-313, 3-400,  5-1200, 5-1300 and 15-300 to amend approval requirements for commercial retail and business uses.  This, in turn, required staff to reformat the proposed Ordinance to make the proposal consistent with the existing (as of January 11, 2007) Ordinance.  For example, the Ordinance recommended by the Planning Commission established “portable toilet rental” as a new Subsection 30 in Section 3-313.  Because of changes to Section 3-313, “portable toilet rental” is now in Subsection 27.

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Department of Economic Development

ATTACHMENT:

Proposed Revisions to the Zoning Ordinance