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Item # 4.b.
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| Town Council Regular Session |
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| Information |
| SUBJECT: |
| PUBLIC HEARING: ORDINANCE NO. (O)16-11, AMENDING CHAPTERS 25 AND 31 OF THE ORO VALLEY ZONING CODE TO UPDATE THE HOME OCCUPATION REGULATIONS |
| RECOMMENDATION: |
| The Planning and Zoning Commission recommends approval. |
| EXECUTIVE SUMMARY: |
The purpose of this code amendment is to update the home occupation standards of the Zoning Code for home-based businesses while safeguarding the residential character of neighborhoods. This amendment was initiated by the Planning and Zoning Commission on April 5, 2016, based on a request from a resident who had been denied a business license for a home baking business.
Home-based businesses are allowed in accordance with the established standards and uses defined in the Zoning Code. The review of a request mainly relies on a list of allowed and prohibited uses, which limits the ability to evaluate each business based on its actual impact to a neighborhood.
A more progressive approach is to evaluate a home business against specific performance standards addressing such topics as employees, traffic, storage and noise. Performance standards enable decisions to be made based on the actual impact of a specific home occupation on a neighborhood. This code amendment (Attachment 1) is intended to update the format and practices used in evaluating home based businesses by establishing performance based standards.
The Planning and Zoning Commission held a study session to discuss the amendments on July 14, 2016 followed by a public hearing on August 2, 2016 (the Planning and Zoning Commission staff reports and minutes are provided in Attachments 2 through 5). Discussion topics at the meeting focused on the number of employees, deliveries, parking and utility trailers. At the conclusion of the public hearing, the Planning and Zoning Commission recommended approval. |
| BACKGROUND OR DETAILED INFORMATION: |
The Planning and Zoning Commission initiated this amendment earlier this year based on a citizen’s request to operate a home- based baking business. The request for the home baking business was denied because the use is specifically prohibited in the Zoning Code. Automatic denial is perhaps warranted for someone wishing to bake 100 cakes a week as a caterer; however, such a blanket approach also prohibits a home-based business from producing only 2 to 3 cakes per week. The inability to evaluate each home-based business on its own merit and associated impacts is the primary rationale for amending the code.
Home Occupation Standards
The home occupation section of the zoning code has not had a comprehensive update in close to 20 years. This code amendment establishes performance standards that will enable staff to review home occupations based on actual impacts to the neighborhood such as the amount of traffic, number of employees, level of noise and the amount and type of storage associated with the business.
A summary of the main proposed performance standards is as follows:
- Limits external business activities to 7:00 a.m. to 8:00 p.m.
- Defines accessory building size and quantity
- Prohibits commercial trash receptacles
- Provides customer and business vehicle parking standards
- Limits or prohibit the type of storage or equipment at the home
- Allows up to 1 employee for a Type I business or up to 2 employees for a Type 2 business
- Traffic in excess of 25% of normal traffic for a residential use reclassifies business as a Type 2 Home Occupation
A comparison of the proposed standards to the current code standards is provided in Attachment 6
General Plan Analysis
Zoning Code amendments are reviewed for conformance with applicable General Plan policies. This amendment is consistent with policies supporting small businesses in the community while maintaining the residential character of the neighborhoods. A detailed analysis of the amendment in relation to General Plan policies is provided on Attachment 7.
Planning and Zoning Commission Review
The amendment was discussed by the commission at the July 14, 2016 study session and again heard on August 2, 2016. The main topics discussed at the meeting included:
- Screening of utility trailers related to the business
- Traffic including deliveries
- Customer parking
- Number of employees
- Prohibition of animal related businesses
- Storage and accessory building sizes
- Clarifying garage sale allowances
At the conclusion of the public meeting, the commission voted to recommend approval of the amendment. The commission's recommendation included a change which allowed one employee at a time for Type 1 home occupations, and two employees at a time for Type 2 home occupations.
Public Notification and Comment
Public notice has been provided as follows:
- All HOAs in the Town were notified of this hearing
- Public hearing notice was posted:
- In the Territorial newspaper
- At Town Hall
- On the Town website
- No comments have been received regarding the amendment.
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| FISCAL IMPACT: |
| N/A |
| SUGGESTED MOTION: |
I MOVE to approve Ordinance No. (O)16-11, an amendment to Chapters 25 and 31 regarding home occupation standards.
OR
I MOVE to deny Ordinance No. (O)16-11, an amendment to Chapters 25 and 31 regarding home occupation standards.
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