Extracted text (via pymupdf_layout)
37365 characters
Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: April 26, 2017 Case #/Title: TA2016007 – Home Occupation Supervisor District: All Request: Text amendment to the Maricopa County Zoning Ordinance, Chapters 2, 5, 6 & 13 regarding Home Occupations Additional Comments: Proposed verbatim language as recommended by the Commission is attached to the Commission report. One email of support was received from the New River-Desert Hills Community Association, dated December 1, 2016. One letter of concern was received from the East Valley Property Rights Coalition. These concerns were addressed in the recommended language. Subsequent discussion with an individual external to EROP resulted in his request for added language to permit outdoor activity of a benign nature. His request was not discussed at the Commission hearing nor included in the Commission recommendation. Additional language has also been provided to clarify the type of vehicles considered to be commercial suppliers. In order to incorporate limited outdoor activity and clarify commercial suppliers as part of a Home Occupation, the Board may wish to consider additional language as grey highlighted below: Modification to proposed MCZO, Arts. 501.2.10.c & 601.2.8.c c. The business shall be conducted entirely within a completely enclosed dwelling building, other than allowance for limited outdoor storage per item ‘n’ below. . Physical business activity other than storage may occur within the area described per item ‘n’ below except that no mechanical equipment or power tools shall be operated out of doors, and in no instance shall any outdoor activity exceed the height of screening and not to exceed eight (8) feet. Modification to proposed MCZO, Arts. 501.2.10.l & 601.2.8.l l.p. Deliveries from commercial suppliers (vehicle weight greater than 10,000 lbs.) shall not occur more than once a month, shall not restrict traffic circulation and shall occur between 8:00 a.m. and 5:00 p.m., Monday through Friday. April 26, 2017 TA2016007 Page 1 of 2 Commission Recommendation: On 3/30/17, the Commission voted 6-0 to recommend approval. Presented by: Darren V. Gerard, AICP, Deputy Director Reviewed by: Derek Scheerer, Planner and Darren V. Gerard, AICP, Deputy Director Attachment: 3/30/17 P&Z Packet (13 pages) Note: 3/30/17 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. April 26, 2017 TA2016007 Page 2 of 2 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: TA2016007 – Home Occupation Meeting Date: March 30, 2017 Agenda Item: 19 Supervisor District: All Applicant: Commission-initiated Request: Text amendment to the Maricopa County Zoning Ordinance, Chapters 2, 5, 6 & 13 regarding Home Occupations. Support/Opposition: One email of support from the New River-Desert Hills Community Association, dated December 1, 2016. One letter of concern from the East Valley Property Rights Coalition. Recommendation: Approve Discussion: This text amendment is intended to foster development of home-based businesses. Maricopa County Zoning Ordinance, Chapter 2, Section 201 will have revised definitions related to Home Occupations and Chapter 5, Article 501.2.10 and Chapter 6, Article 601.2.8 will be revised with regard to Home Occupations as listed in the Use Regulations for the Rural and Single-Family Residential zoning districts, respectively. The amendment will also amend Chapter 13, Section 1301. Special Uses to simply note that a Special Use Permit shall be required for any Home Occupation that does not adhere to the requirements of the Rural and Single-Family Residential zoning districts. Proposed verbatim language is (added language is underscored, deleted language is struck-through, highlighted language is changed since the 1/6/17 stakeholder meeting): SECTION 201. DEFINITIONS HOME OCCUPATION, RESIDENTIAL: An accessory use of a dwelling property that involves very limited manufacture, provision, or sale of goods and/or services as outlined in the Use Regulations of Rural and Single Family Residential Zoning Districts. This use may be administratively approved subject to conditions. Garage/yard sales or home parties, that are held for the sale of goods or services, are not considered a home occupation provided these sales do not exceed six in one year. A residential home occupation is only permitted per the standards contained in the Rural and Single-Family Zoning Districts. Agenda Item: 19 – TA2016007 Page 1 of 6 HOME OCCUPATION, COTTAGE INDUSTRY: An accessory use of a dwelling property that involves limited manufacture, provision or sale of goods and/or services. This is a use that does not meet the conditions of a Residential Home Occupation and thus requires legislative approval of a Special Use Permit by the Board of Supervisors. Garage/yard sales or home parties that are held for the sale of goods or services are not considered a home occupation provided these sales do not exceed six in one year. A cottage industry is a more intense use than a residential home occupation and is only permitted per the standards contained in the Special Use Section in Rural Zoning Districts. SECTION 501. RURAL-190 (Rural Zoning District) ARTICLE 501.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 10. Home occupations, cottage industry, subject to the following: a. The entrepreneur of a home occupation shall reside in the dwelling on the property in which the business operates. b. No one other than the residents of the dwelling shall be employed in the conduct of the home occupation. The number of persons who are employed in connection with the occupants, but who are non-residents of the dwelling on the property in which the business operates, shall not exceed three. c. The business shall be conducted entirely within a completely enclosed dwelling building, other than allowance for limited outdoor storage per item ‘n’ below. d. The total area used in the conduct of the business shall not exceed 15% or 250 square feet of the habitable dwelling area, whichever is less. e. There shall be no signs, advertising, display or other indications of the home occupation on the premises. f. The residential address of the business shall not be listed in any business directory or in any advertising. g. Direct sales of products from display shelves or racks is prohibited. However, a customer may pick up an order previously made by telephone or at a sales meeting. d.h. The home occupation shall not interfere with the delivery of utilities or other services to the area. e.i. The business shall not generate any noise (if the noise would be considered to have an adverse impact on the surrounding residential neighborhood per the Maricopa County Noise Ordinance), vibration, smoke, dust, odors, heat, glare, or electrical interference with radio or television transmission in the area that would exceed that normally produced by a dwelling unit in a zoning district used solely for residential purposes. f.j. No mechanical equipment or power tools shall be used except that used for normal household purposes if the noise would be considered to have an adverse impact on the surrounding residential neighborhood per the Maricopa County Noise Ordinance. g.k. No toxic, explosive, flammable, radioactive, or other similar material shall be used, sold, or stored on the site. h.l. There shall be no change to the residential appearance of the premises, except that a separate business entrance shall be permitted. A maximum four (4) square foot sign shall be permitted, and the sign shall otherwise meet the requirements of Article 1402.2 of this Ordinance including the creation of separate or exclusive business entrance(s). Agenda Item: 19 – TA2016007 Page 2 of 6 i.m. Unless a passenger vehicle accessory to the residence or an employee, not No more than one vehicle used in commerce shall be permitted in connection with the home occupation. Said vehicle shall be stored in an enclosed garage at all times and shall have no more than two axles. j.n. The number of customers, clients or students on the premises shall not exceed one five at any time. k.o. No non-resident employees, customers, clients or students shall be permitted on the premises for business purposes between the hours of 10:00 p.m. and 7:00 a.m. l.p. Deliveries from commercial suppliers shall not occur more than once a month, shall not restrict traffic circulation and shall occur between 8:00 a.m. and 5:00 p.m., Monday through Friday. q. Any outdoor display or storage of materials, goods, supplies, or equipment shall be prohibited. m.r. If the home occupation requires that any non-resident employees, customers, clients or students visit the property, a minimum of one (1) additional off-street parking space shall be provided per Chapter 11, Section 1102 of this Ordinance. For the purpose of providing said parking space, tandem parking is permissible. The maximum number of additional off-street parking spaces permitted shall be six. n. The outdoor storage of materials shall be limited to a maximum of 25% of total lot area and shall not be located within any required front or street side yard. Any outdoor storage shall be completely fenced with a solid masonry wall or wood fence to obstruct the view to a height equal to the elevation of the tallest materials to be stored with a maximum height of stored materials of eight feet. o. All outdoor lighting shall be shielded so as not to direct or reflect light upon adjoining land, shall not be constructed within 20 feet of any adjoining property under other ownership, and shall not exceed 20 feet in height. p. A Home Occupation Conditional Use Permit issued to one person shall not be transferable to any other person; is not attached to the land; and is not transferable from one place of residence to another. q. The home occupation shall not begin operation without an approved Conditional Use Permit per Section 1303 of this Ordinance. However, if these conditions cannot be met, a Special Use Permit per Section 1301 of this Ordinance shall be required. SECTION 601. R1-35 (Single-Family Residential Zoning District) ARTICLE 601.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 8. Home occupations, cottage industry, subject to the following: a. The entrepreneur of a home occupation shall reside in the dwelling on the property in which the business operates. b. No one other than the residents of the dwelling shall be employed in the conduct of the home occupation. The number of persons who are employed in connections with the occupants, but who are non-residents of the dwelling on the property in which the business operates, shall not exceed three. c. The business shall be conducted entirely within a completely enclosed dwelling building, other than allowance for limited outdoor storage per item ‘n’ below. d. The total area used in the conduct of the business shall not exceed 15% or 250 square feet of the habitable dwelling area, whichever is less. Agenda Item: 19 – TA2016007 Page 3 of 6 e. There shall be no signs, advertising, display or other indications of the home occupation on the premises. f. The residential address of the business shall not be listed in any business directory or in any advertising. g. Direct sales of products from display shelves or racks is prohibited. However, a customer may pick up an order previously made by telephone or at a sales meeting. d.h. The home occupation shall not interfere with the delivery of utilities or other services to the area. e.i. The business shall not generate any noise (if the noise would be considered to have an adverse impact on the surrounding residential neighborhood per the Maricopa County Noise Ordinance), vibration, smoke, dust, odors, heat, glare, or electrical interference with radio or television transmission in the area that would exceed that normally produced by a dwelling unit in a zoning district used solely for residential purposes. f.j. No mechanical equipment or power tools shall be used except that used for normal household purposes if the noise would be considered to have an adverse impact on the surrounding residential neighborhood per the Maricopa County Noise Ordinance. g.k. No toxic, explosive, flammable, radioactive, or other similar material shall be used, sold, or stored on the site. h.l. There shall be no change to the residential appearance of the premises, except that a separate business entrance shall be permitted. A maximum four (4) square foot sign shall be permitted, and the sign shall otherwise meet the requirements of Article 1402.2 of this Ordinance including the creation of separate or exclusive business entrance(s). i.m. Unless a passenger vehicle accessory to the residence or an employee, not No more than one vehicle used in commerce shall be permitted in connection with the home occupation. Said vehicle shall be stored in an enclosed garage at all times and shall have no more than two axles. j.n. The number of customers, clients or students on the premises shall not exceed one five at any time. k.o. No non-resident employees, customers, clients or students shall be permitted on the premises for business purposes between the hours of 10:00 p.m. and 7:00 a.m. l.p. Deliveries from commercial suppliers shall not occur more than once a month, shall not restrict traffic circulation and shall occur between 8:00 a.m. and 5:00 p.m., Monday through Friday. q. Any outdoor display or storage of materials, goods, supplies, or equipment shall be prohibited. m.r. If the home occupation requires that any non-resident employees, customers, clients or students visit the property, a minimum of one (1) additional off-street parking space shall be provided per Chapter 11, Section 1102. of this Ordinance. For the purpose of providing said parking space, tandem parking is permissible. The maximum number of additional off-street parking spaces permitted shall be six. n. The outdoor storage of materials shall be limited to a maximum of 25% of total lot area and shall not be located within any required front or street side yard. Any outdoor storage shall be completely fenced with a solid masonry wall or wood fence to obstruct the view to a height equal to the elevation of the tallest materials to be stored with a maximum height of stored materials of eight feet. o. All outdoor lighting shall be shielded so as not to direct or reflect light upon adjoining land, shall not be constructed within 20 feet of any adjoining property under other ownership, and shall not exceed 20 feet in height. Agenda Item: 19 – TA2016007 Page 4 of 6 p. A Home Occupation Conditional Use Permit issued to one person shall not be transferable to any other person; is not attached to the land; and is not transferable from one place of residence to another. q. The home occupation shall not begin operation without an approved Conditional Use Permit per Section 1303 of this Ordinance. However, if these conditions cannot be met, a Special Use Permit per Section 1301 of this Ordinance shall be required. SECTION 1301. SPECIAL USES ARTICLE 1301.1. SPECIAL USES: The Board of Supervisors may permit as a Special Use any of the following uses in any zoning district unless otherwise specified in this Section: 18. Home occupations, cottage industry that do not meet the conditions of Article 501.2.10 in Rural Zoning Districts or that do not meet the conditions of Article 601.2.8 in Single-Family Residential Zoning Districts subject to the following requirements: provided the entrepreneur shall reside in the dwelling on the property in which the business operates. 1. The entrepreneur of the cottage industry shall reside in the dwelling unit in which the business operates. 2. The number of persons who are employed in connections with the occupants, but who are non-residents of the dwelling, shall not exceed three. 3. The cottage industry may be conducted either within the dwelling or an accessory structure, or both. Not more than 50% of the combined floor area of the dwelling and any accessory structure(s) shall be used in the conduct of the cottage industry. The square footage of the cottage industry shall not exceed the square footage of the dwelling. 4. Only one sign for the cottage industry may be permitted. Such sign shall not exceed 16 square feet in area. Such sign shall be nonilluminated. Such sign may be placed flat against the wall of a building or such sign may be a freestanding monument sign, but the height of such sign shall not exceed 12 feet for a wall sign and six feet for a monument sign. 5. The business shall be conducted in an enclosed building, and any commercial vehicle used in conjunction with the cottage industry conducted on the lot shall be limited to one and shall be parked within an enclosed building when not in use. 6. Adequate off-street parking shall be provided in accordance with the standards of Chapter 11, Section 1102. herein (including design and paving of parking areas), and the maximum number of parking spaces permitted shall be six. 7. The outdoor storage of materials shall be limited to a maximum of 25% of total lot area and shall not be located within any required front or street side yard. Any outdoor storage shall be completely fenced with a solid masonry wall to obstruct the view to a height equal to the elevation of the tallest materials to be stored with a maximum height of stored materials of eight feet. 8. Any property for which a Special Use for a cottage industry is approved shall front on and have direct access to a paved road accepted for maintenance by the County Highway Department or other governmental agency. 9. Any outdoor lighting on a property approved for a cottage industry use shall be directed on site and shall conform to the shielding requirements for outdoor lighting as specific in Chapter 11, Section 1112. herein. Agenda Item: 19 – TA2016007 Page 5 of 6 10. A Cottage Industry Special Use Permit issued to one person shall not be transferable to any other person; is not attached to the land; and is not transferable from one place of residence to another. 11. Direct sales of products from display shelves or racks is allowed provided such sales are specifically approved as part of the Special Use. However, a customer may pick up an order previously made by telephone or at a sales meeting. 12. The cottage industry shall not interfere with the delivery of utilities or other services to the area. 13. The business shall not generate any noise, vibration, smoke, dust, odors, heat, glare, or electrical interference with radio or television transmission in the area that would exceed that normally produced by a dwelling unit in a zoning district used solely for residential purposes. 14. The owner or operator of a cottage industry shall obtain a cottage industry permit from the Zoning Inspector prior to initiating business activity on the premises. 15. There shall be no variance or waiver from these requirements except by unanimous vote of all members of the Board of Supervisors. 16. The recommendation of the Commission may consist of additional reasonable requirements including but not limited to the following: a. The number of non-resident employees, clients, customers or students visiting the site. b. The hours of operation. c. Deliveries to the site. d. The types of materials used in the business. e. The types and amounts of materials, products and services sold by the business. f. The types and amounts of materials manufactured by the business. g. The types, amounts and locations of materials stored for use by the business. h. The types and sizes of vehicles used in the business. i. Parking requirements. j. Screening. k. Landscaping. l. Signs. m. Paved access. n. Lighting. This item is being processed through the County’s Enhanced Regulatory Outreach Program (EROP). A stakeholder meeting was held on January 6, 2017. The Commission initiated this text amendment on February 16, 2017. The ordinance/amendments will take immediate effect upon adoption/approval. This amendment includes changes to the definitions of Home Occupation, Residential, and Home Occupation, Cottage Industry included in TA2016004 – Home Occupation / Sales, Garage / Yard Definitions. Recommendation: Staff recommends the Commission APPROVE TA2016007 with the proposed additions, deletions, and revisions to TA2016004. Prepared by: Derek Scheerer, Planner Reviewed by: Darren V. Gerard, AICP, Deputy Director, and Matt Holm, AICP, Planning Supervisor Attachments: 2/16/17 ZIPPOR Report (7 pages) Agenda Item: 19 – TA2016007 Page 6 of 6 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: TA2016007 - Home Occupation Meeting Date: February 16, 2017 (ZIPPOR) Agenda Item: 7 Supervisor District: All Applicant: Commission-initiated Request: Text amendment to the Maricopa County Zoning Ordinance, Chapters 2, 5, 6 & 13 regarding Home Occupations Support/Opposition: 1 Letter of Support / 1 Letter of Concern Recommendation: Initiate Discussion: This text amendment is intended to foster development of home-based businesses. Maricopa County Zoning Ordinance, Chapter 2, Section 201 will have revised definitions related to Home Occupations and Chapter 5, Article 501.2.10 and Chapter 6, Article 601.2.8 will be revised with regard to Home Occupations as listed in the Use Regulations for the Rural and Single-Family Residential zoning districts, respectively. The amendment will also amend Chapter 13, Section 1301. Special Uses to simply note that a Special Use Permit shall be required for any Home Occupation that does not adhere to the requirements of the Rural and Single-Family Residential zoning districts. Proposed verbatim language is (added language is underscored, deleted language is struck-through, highlighted language is changed since the 1/6/17 stakeholder meeting): SECTION 201. DEFINITIONS HOME OCCUPATION, RESIDENTIAL: An accessory use of a elwe-iling property that involves very limited manufacture, provision, or sale of goods and/or services. This use may be administratively approved subject to conditions. .Ion p 8-e-FI-T-11214-148-194e-8 ac—upati-e-n-is-e4y-p-er-m-i-t-teel-per-the-s-ten-deFds-c S-irR-glo-Family Zoning Districts. HOME OCCUPATION, COTTAGE INDUSTRY: An accessory use of a dwelling property that involves limited manufacture, provision or sale of goods and/or services. This is a use that does not meet the conditions of a Residential Home Occupation and thus requires _ legislative _ approval by the Board of Supervisors. GetFage4-efrisl- S-Cfle-S-or-49ffie-p* - -. - - - - - Allk .. . A AL Ak .• I• Ala ••• :-.4...:€1 1=1-e-m-e-ec-c--61 1919-t-iep-pFet-1-i-ese-s-e contained in the Special Use Section in Rural Zoning Districts. Agenda Item; 4 - TA2016007 Page 1 of 7 SECTION 501. RURAL-190 (Rural Zoning District) ARTICLE 501.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 10. Home occupations, cottage industry, subject to the following: a. The entrepreneur of a home occupation shall reside in the dwelling on the property in which the business operates. b. Fhpiavee R-1-R-8-C-e-Pab h-efh-e-ec---cupation The number of persons who are employed in connection with the occupants, but who are non-residents of the dwelling on the property in which the business operates, shall not exceed three. c. The business shall be conducted entirely within a completely enclosed dwelling building, other than allowance for limited outdoor storage per item In below. or 250 squat.° feet of 1-44e4i-el-lai im 1I• 1I• he-v-er is less. CISiCLe De-Re-54-CW ElLet-LL R-121=-Gtie y or oth- - e 4per-F,Lo-h en me premise f. The resideh q-e-G-4s4-h-e fistee - -. 0. - 9 orv C h-e-HA advertising. elve `-9FRELF e.s-meetin-o d.h. The home occupation shall not interfere with the delivery of utilities or other services to the area. el. The business shall not generate any noise [if the noise would be considered to have an adverse impact on the surrounding residential neighborhood per the Maricopa County Noise Ordinance), vibration, smoke, dust, odors, heat, glare, or electrical interference with radio or television transmission in the area that would exceed that normally produced by a dwelling unit in a zoning district used solely for residential purposes. frj, No mechanical equipment or power tools shall be used except that used for normal household purposes if the noise would be considered to have an adverse impact on the surrounding residential neighborhood per the Maricopa County Noise Ordinance. a.k. No toxic, explosive, flammable, radioactive, or other similar material shall be used, sold, or stored on the site. h.l. There shall be no change to the residential appearance of the premises, except that a separate business entrance shall be permitted. A maximum four (4) sauare foot sign shall be permitted, and the sign shall otherwise meet the requirements of Article 1402.2 of this Ordinance including the creation of separate or exclusive business eT44rance-(4. Lm Unless a passenger vehicle accessory to the residence or an employee, not No-more than one vehicle used in commerce shall be permitted in connection with the home occupation. Said vehicle shall be stored in an enclosed garage at all times-an-el-s-hall j,n. The number of customers, clients or students on the premises shall not exceed one five at any time. k. . No non-resident employees, customers, clients or students shall be permitted on the premises for business purposes between the hours of 10:00 p.m. and 7:00 a.m. Agenda Item: 4 - TA201 6007 Page 2 of 7 OD. Deliveries from commercial suppliers 4944-R-e-f-e s II /11 I• C C shall not restrict traffic circulation and shall occur between 8:00 a.m. and 5:00 p.m., Monday through Friday. prohilai-ted, m.r. If the home occupation requires that any non-resident employees, customers, clients or students visit the property, a minimum of one (1) additional off-street parking space shall be provided per Chapter 1 1, Section 1102 of this Ordinance.-F-or-the-p-699-e-se 9 9F9-V4G49-49 9491-9-9 9-G-S-19-19-9-er-91-9-Efe-F9-9749 r?-91 i^aarca 9 The maximum number of additional off-street parking spaces permitted shall be six. n. The outdoor storage of materials shall be limited to a maximum of 25% of total lot area and shall not be located within any required front or street side yard. Any outdoor storage shall be completely fenced with a solid masonry wall or wood fence to obstruct the view to a height equal to the elevation of the tallest materials to be stored with a maximum height of stored materials of eight feet. o. All outdoor lighting shall be shielded so as not to direct or reflect light upon adjoining land, shall not be constructed within 20 feet of any adjoining property under other ownership, and shall not exceed 20 feet in height. p. A Home Occupation Conditional Use Permit issued to one person shall not be transferable to any other person; is not attached to the land; and is not transferable from one place of residence to another. ci. The home occupation shall not begin operation without an approved Conditional Use Permit per Section 1303 of this Ordinance. However, if these conditions cannot be met, a Special Use Permit per Section 1301 of this Ordinance shall be required. SECTION 601. R1-35 (Single-Family Residential Zoning District) ARTICLE 601.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: 8. Home occupations, cottage industry, subject to the following: a. The entrepreneur of a home occupation shall reside in the dwelling on the property in which the business operates. b. • C " . e - home occupation. The number of persons who are employed in connections with the occupants, but who are non-residents of the dwelling on the nroperty in which the business operates, shall not exceed three. c. The business shall be conducted entirely within a completely enclosed dwelling building, other than allowance for limited outdoor storage per item 'n' below. d. The total area used in the conduct of the business shall not exceed 15% or 250 square feet of the habitable dwelling area, whichever is less. GP-the-premises: advertising. g. Direct sales of products from display shelves or racks is prohibited. However, a customer d.h. The home occupation shall not interfere with the delivery of utilities or other services to the area. Agenda Item: 4 -TA20160Ct/ Page 3 of 7 e.i. The business shall not generate any noise (if the noise would be considered to have an adverse impact on the surrounding residential neighborhood per the Maricopa County Noise Ordinance), vibration, smoke, dust, odors, heat, glare, or electrical interference with radio or television transmission in the area that would exceed that normally produced by a dwelling unit in a zoning district used solely for residential purposes. f_j, No mechanical equipment or power tools shall be used except that used for normal household purposes if the noise would be considered to have an adverse impact on the surrounding residential neighborhood per the Maricopa County Noise Ordinance. g,k. No toxic, explosive, flammable, radioactive, or other similar material shall be used, sold, or stored on the site. h.l. There shall be no change to the residential appearance of the premises, except that a separate business entrance shall be permitted. A maximum four (4) square foot sign shall be permitted, and the sign shall otherwise meet the requirements of Article 1402.2 of this Ordinance in-dueling th-e creation of separate or exclusive business entrance(s). i.eq, Unless a passenger vehicle accessory to the residence or an employee, not No-more than one vehicle used in commerce shall be permitted in connection with the home occupation. Said vehicle shall be stored in an enclosed garage at all times-and-shall ^ r. " r. " .• Ln. The number of customers, clients or students on the premises shall not exceed one five at any time. k.o. No non-resident employees, customers, clients or students shall be permitted on the premises for business purposes between the hours of 10:00 p.m. and 7:00 a.m. Deliveries from commercial suppliers na-H-nar-E) • 4: a Ai a a AA1 ••• shall not restrict traffic circulation and shall occur between 8:00 a.m. and 5:00 p.m., Monday through Friday. IA-84,419-19-8 f: alba OA AA AN Aba Cie ••I A 411, VP •A A • m.r. If the home occupation requires that any non-resident employees, customers, clients or students visit the property, a minimum of one (1) additional off-street parking space shall be provided per Chapter 11, Section 1702. of this Ordinance.-For-t-h-e-p-urpose er-m4ible. The maximum number of additional off-street parking spaces permitted shall be six. n. The outdoor storage of materials shall be limited to a maximum of 25% of total lot area and shall not be located within any required front or street side yard. Any outdoor storage shall be completely fenced with a solid masonry wall or wood fence to obstruct the view to a height equal to the elevation of the tallest materials to be stored with a maximum height of stored materials of eight feet. o. All outdoor lighting shall be shielded so as not to direct or reflect light upon adjoining land, shall not be constructed within 20 feet of any adjoining property under other ownership, and shall not exceed 20 feet in height. p. A Home Occupation Conditional Use Permit issued to one person shall not be transferable to any other person; is not attached to the land; and is not transferable from one place of residence to another. a. The home occupation shall not begin operation without an approved Conditional Use Permit per Section 1303 of this Ordinance. However, if these conditions cannot be met, a Special Use Permit per Section 1301 of this Ordinance shall be required. Agenda Itern: 4 -TA2016007 Page 4 of 7 SECTION 1301. SPECIAL USES ARTICLE 1301.1. SPECIAL USES: The Board of Supervisors may permit as a Special Use any of the following uses in any zoning district unless otherwise specified in this Section: 18. Home occupations, cottage industry that do not meet the conditions of Article 501.2.10 in Rural Zoning Districts or that do not meet the conditions of Article 601.2.8 in Single-Family Residential Zoning Districts subject fe-#14e-fe-llo-wi-ng-recwirens?-eR-t-s provided the entrepreneur shall reside in the dwellina on the property in which the business operates. 1. The-ent ECT-e-Re-UF-9 e#Ggc industry shall resi Oa A db- At. b-usiness eperatcs. 2T-lie-nu-pnber-ef-persons-who-are-ernple 3. The cotiag structure, or loe-th. any-a c(s) shall-b setuare-footage-of-ti .nelu-s-tr-y-s4941-n 4. Only one sign for the cettag-e-indus-ey-be-permlfted,-S-oGn-5i 16 sware-feet-in-area. S - - a ee-nenill-61 ggei th-e-h-eig-lit of such sigp-sA 12 feet fa-ei-o,Letti sign and six fect-fer--e- Fnen6,Fnen-t-sig:), 1. T used in conpgnction with the G-e-t-tage-i GFI-e-G4P-GILS4G14 Ch-ep-t-er 1 1, Section 1102. herein (including-design-etnaLpaving-ef-parkthg-are theaximum-n-umb-e - * - ennniffe-ci-s.hdli-19e six. 7. The ou-tdeer-s-teridg-e-ef-rnetteri =area- and sha4-fet-b G-R-d-have-elirect access to a paved-redd-d-e-eepted-for-mainten 9,Any outde MI Alb a lir AA ... Ma ma , apiereved-fer-e-c-e-t-teige-inet-ustpx-use-shaii-be directed-en-si-t- • -0 -0 * ----------- = Ow exar-figh-ting-e& specific in Chapter 11, Section 1 1 12. hcFein: 1-0. A Cotte-gfe-In-dbLs-tp/--Special Use Permit issued to on-e-persen-s-h-gli-ne-t-be-t-r-ein4e-Fetbie-te- dny-eth- a a. Am AA ALA. ••• AB A.• a re-si 11. Direct sales of products from display shelves or rac .5 is allowed provided such sales are specifically a-1919, e. - r• C , = G-U-S-te4÷1-SF-R4e-v--e GFete-r-pre-Vi-G-6; y noise, v- EN+BP,--9,99-8 CIL 9-(49-r-s=14-Le Gt4-9.f-e=e electrical interference with radio or t a a OM 'AM AA a Agenda Item: 4 -TA2016007 Page 5 of 7 -16. The recommendation of the Commission may consist of additional reasonable requirements including but not limited to the following: a. The number of non-resident employees, clients, customers or students visiting the site. b. The hours of operation. c. Deliveries to the site. d. The types of materials used in the business. e. The types and amounts of materials, products and services sold by the business. f. The types and amounts of materials manufactured by the business. g. The types, amounts and locations of materials stored for use by the business. h. The types and sizes of vehicles used in the business. i. Parking requirements. j. Screening. lc. Landscaping. I. Signs. m. Paved access. n. Lighting. This item is being processed through the County's Enhanced Regulatory Outreach Program (EROP). A stakeholder meeting was held on January 6, 2017. If this item is initiated at today's ZIPPOR, the anticipated Commission hearing for recommendation to the BOS is March 30, 2017 and the tentative BOS hearing for adoption is April 26, 2016. The ordinance/amendments will take immediate effect upon adoption/approval. This amendment includes changes to the definitions of Home Occupation, Residential, and Home Occupation, Cottage Industry included in TA2016004 - Home Occupation / Sales, Garage! Yard Definitions. These proposed changes resulted from stakeholder meeting conversations be incorporated into TA2016004 staff report at its anticipated Commission hearing on March 30, 2017. Attendance at the stakeholder meeting was limited with three members from the public in attendance. Stakeholder discussion included additions, deletions, and revisions to the originally proposed language of TA2016004 and TA2016007. Donald Dahler, of the East Valley Property Rights Coalition, expressed concern over differentiating between Home Occupations and Cottage Industries. The East Valley Property Rights Coalition concerns focused on what the expressed differentiation of administratively approved Home Occupations and legislatively approved Home Occupations, Cottage Industries are by definition, and additionally lobbied for the inclusion of language addressing the effects of possible adverse noise generated by these uses in a residential neighborhood. Staff believes that by definition the two are nearly identical with actual intensity of application being the differentiation, which is detailed not by definition, but by limitation of practice as addressed in the Use Regulations provisions of the zoning districts where they are permitted. Staff inserted language to address concerns over possible adverse noise generated by the subject uses, where such adverse noise above normal residential levels shall be prohibited. There have been no other comments to date. Agenda Item: 4 - TA20 1 6007 Page 6 of 7 Recommendation: Staff recommends the Commission initiate TA2016007 with the proposed additions, deletions, and revisions to TA2016004. Prepared by Derek Scheerer, Planner and Darren V. Gerard, AICP, Deputy Director Attachments: 12/2/16 EROP Stakeholder Meeting Sign-In Sheet (I page) 1/5/17 East Valley Property Rights Coalition Comments (1 page) Agenda Item: 4 — TA2D1 6007 Page 7017