19. TA2016007 BOS REPORT.PDF

Maricopa County — Formal (2017-04-26)

View PDF Item 7 Meeting page

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