PUBLIC HEARING AGENDA REQUEST

Sponsor:

Board of Supervisors Meeting Date:

Planning Commission

August 10, 2006

Staff Lead:

Department:

W. Todd Benson, Assistant Zoning Administrator

 

Community Development

 

Topic:

 

A Zoning Ordinance Text Amendment to Sections 6-302 and 5-202 to Permit as Home Occupations, Party Supply Sales and Rentals and to Enact Certain Standards for Such Uses

 

Topic Description:

 

The public continues to come forward with business concepts for home occupations that are not authorized by the Zoning Ordinance.  The purpose of this text amendment was to accommodate a request to store moon bounces for rental as well as incidental party supplies; however the Planning Commission unanimously voted against the proposal.

 

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: 

An individual would like to store “moon bounces” in his garage and transport them to parties for a fee.  At first glance, this seems relatively innocuous.  However, the term “party rentals” is of unknown quantity and quality and could result in potential impacts on adjoining properties.  Because of the breadth and scale of possible rentals, if approved, it seems appropriate to place this use within the jurisdiction of the Board of Zoning Appeals so that individual permit conditions may be imposed as appropriate. 

The same individual who desires to rent moon bounces also wants to retail party favors.  Generally, resale operations are not allowed as home occupations.  If adopted, this would be a change.  If approved, a condition is recommended that sales could not occur at the home; the home would serve solely as a staging area to bring products to parties. It is recommended that this use require a special permit, ensuring that the use is appropriate for the neighborhood. 

In addition to the specific standards suggested in the proposed text amendment, the following standards also apply:

1.      A home occupation must be conducted within a dwelling which is a bona fide residence of the principal practitioner or in any accessory building thereto which is normally associated with a residential use;

2.      No retail sales shall be conducted on the premises (for uses allowed in accordance with Section 3-302.1);

3.      No mechanical or electrical equipment shall be employed other than machinery or equipment customarily found in the home associated with a hobby or avocation not conducted for gain or profit, or machinery or equipment which is essential in the conduct of the home occupation;

4.      No outside display of goods or outside storage of equipment or materials used in the home occupation shall be permitted;

5.      No more than one (1) person other than a member of the household occupying such dwelling shall be employed; and

6.      No sign shall be permitted except in accordance with the provisions of Article 8.

This proposed text amendment was initiated by the Board of Supervisors on April 13, 2006, coupled with a proposal to allow farriers as home occupations.  At its meeting on April 27, 2006, the Planning Commission recommended that the Board of Supervisors amend the Ordinance to allow farriers, but took no final action on party rentals and supplies.  The Planning Commission kept the public hearing open and continued this matter until its meeting in May. On May 25, 2006, the Planning Commission again voted to keep the public hearing open and defer action until a future date. The Planning Commission kept the public hearing open through its June meeting.  On June 29, 2006, the Planning Commission unanimously recommended denial.  As noted by the Chairman of the Planning Commission, this proposal raised too many problems that had not been addressed.

A comprehensive review by staff of all home occupation uses currently is underway. The Board of Supervisors may want to reject this piecemeal amendment and wait to deal with this issue as part of a comprehensive Ordinance on home occupations.

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

Department of Economic Development

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