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A resident
of Elm Tree Lane in Bealeton recently applied to the Zoning,
Permitting and Inspections Division for a home occupation
permit. The request was to utilize a bedroom in the existing
dwelling for a home office of a cleaning business; the
applicant’s dwelling is located in the I-2 (Industrial
General) zoning district. While such a home occupation is
allowed in Fauquier County in all the residential zoning
districts, C-1 and CV commercial districts pursuant to
Section 3-302.1 (home occupation with no retail sales or
service), it is not allowed in the C-2 (Commercial Highway),
C-3 (Commercial Shopping Center), I-1(Industrial Park) or
I-2 (Industrial General) districts. Nor are any of the
other types of residential businesses allowed in other
districts allowed in the C-2, C-3, I-1 and I-2 zoning
districts, with the exception of a home-business auto repair
garage in the I-1 and I-2 districts.
It is
likely that the residential business were generally not
included in the C-2, C-3, I-1 and I-2 zoning districts
because residential units are not permitted in these
districts. However, there are some existing residential
units located in these districts at various locations
throughout the County. Staff sees no reason to entirely
disallow the home occupation opportunity for residents of
existing dwellings located in the latter non-residential
zones.
Staff is
recommending that home occupations with no retail sales or
services be allowed in a residence in any zoning district,
and that home occupations with retail sales or services be
allowed in any existing residence in the commercial
districts. Staff is also proposing that the residential
business categories of “small contracting business”,
“cottage industry” and “auto repair garage” be added as
special permit uses in the C-2, I-1 and I-2 districts,
subject to Board of Zoning Appeals (BZA) public hearing and
approval.
In the
commercial and industrial zones, some of the proposed
residential businesses are already allowed as
non-residential businesses. For example, retail is allowed
in C-2, by right with a site plan. By adding “home
occupation with retail sales or service,” a resident who
wanted a home business with a retail component would be able
to do so without a site plan, just like other residents in
other districts with the same home occupation.
As part of
this text amendment, staff is also proposing a formatting
change to the Residential Businesses (Category 2) table.
Currently, there are two categories which overlap: “home
occupation with retail sales or service” and “home
occupation with service only.” Staff is suggesting that the
table be changed to have one category for home occupations
with retail and one for home occupations with service for
clarity. This amendment does not actually change the type
of home occupation allowed in any district. The table now
within the proposed ordinance text shows the proposed
changes. The formatting changes are shown in
bold/underline, and the substantive changes—where
uses are actually being added—are shown in
shaded
in the attached ordinance.
On August
26, 2004, this proposed amendment came before the Planning
Commission for public hearing. During this meeting,
concerns were raised that individuals might put businesses
in homes they do not occupy. On motion by Mr. Meadows,
action was continued until the next Planning Commission
meeting “to refine the language of the Text Amendment.”
The
existing regulations contain some language limiting
residential businesses to homes occupied by the proprietor:
1.
Fauquier County Zoning Ordinance § 6-304(1) states:
“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.” This language is binding upon any
home occupation whether permitted by right or permitted
pursuant to a special use permit.
2.
Fauquier County Zoning Ordinance § 5-204(2)
(Additional Standards for Cottage Industries) provides: “A
cottage industry shall be conducted on the same lot as
contains the bona fide residence of the proprietor of the
same business.”
3.
Fauquier County Zoning Ordinance §
5-205(1)(Additional Standards for Auto Repair Garages)
provides that business “[m]ust be conducted on the same lot
as the proprietor of the business.” This language is less
precise than the restrictions in § 5-204(2) or § 6-304(1)
but appears to accomplish the same thing.
However,
Additional Standards for Small Contracting Businesses (§
5-203) has no comparable requirement. At minimum, § 5-203
should be amended to address the concern raised by the
Planning Commission. To avoid confusion that subsequently
could arise by different words in different sections
intended to accomplish the same objective, it further makes
sense to amend § 5-204(2) and § 5-205(1) utilizing
consistent language for all residential businesses. These
proposed changes are attached.
During its
September 28, 2004 work session and regular meeting, this
matter was discussed by the Planning Commission. On advice
of counsel, staff was asked to advertise the proposed text
amendments because of the changes. On October 28, 2004, a
second public hearing was held. No one spoke. By a
unanimous vote, the Planning Commission recommended
favorably the proposed text amendment to the Board
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