PUBLIC HEARING AGENDA REQUEST

Sponsor:

Board of Supervisors Meeting Date:

Planning Commission

June 14, 2007

Staff Lead:

Department:

Kimberley Johnson, Zoning Administrator

Community Development

Topic:  

A Zoning Ordinance Text Amendment to Section 15-300 to Eliminate the Definition of Home Occupations

Topic Description:

The regulations for home occupations were recently amended by the Board of Supervisors.  The definition contained in Article 15 of the Zoning Ordinance is no longer accurate. To avoid confusion created by the inaccurate definition, it is proposed to delete the definition.

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:

During the recent overhaul of the home occupation regulations, staff intended to recommend elimination of “home occupation” from the definition section in Article 15.  This change was inadvertently eliminated from the text that ultimately was approved.

The existing definition really establishes standards: “HOME OCCUPATIONS:  Use of a dwelling unit for gainful employment which: (a) is clearly incidental and subordinate to the use of the dwelling unit; (b) is carried on solely within the main dwelling or an approved accessory building, does not exceed 250 square feet and does not alter or change the exterior character or appearance of the dwelling; (c) is located in a residential or rural zoning district; and (d) is created and operated by the resident of the dwelling.”  Many of these standards no longer reflect the regulations.  Merely updating the standards does not work well with the new regulatory split between major and minor home occupations.  Elimination of the conflicting portions results in a definition of limited value; “HOME OCCUPATIONS:  Use of a dwelling unit for gainful employment which is created and operated by the resident of the dwelling.”   Staff’s recommendation is elimination of the definition.

This text amendment was initiated by the Planning Commission on March 29, 2007. After public hearing on April 26, 2007, the Planning Commission unanimously recommended approval.

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

Department of Economic Development