AGENDA Continued from September 24, 2013 WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Public Hearing Second Reading and Second Public Hearing Land Use & Transportation; County Counsel (All CPOs) Agenda Title: Presented by: PROPOSED A-ENGROSSED ORDINANCE NO. 773 AN ORDINANCE AMENDING HOME OCCUPATION STANDARDS OF THE COMMUNITY DEVELOPMENT CODE Andrew Singelakis, Director of Land Use & Transportation Alan Rappleyea, County Counsel SUMMARY: A-Engrossed Ordinance No. 773 proposes to amend Community Development Code (CDC) Section 430-63, primarily to remove Home Occupation standards that currently prevent retail sale of pre-manufactured products, storage, and distribution. To avoid added impacts to surrounding residential uses, no increases are proposed to existing limits on employee numbers, customer visits to the site, vehicles, parking, or signage. As further protection, caps on business-related deliveries are proposed. Ordinance No. 773 is posted on the county's land use ordinance web page at the following link: http://www.co.washington.or.us/lut/divisions/longrangeplanning/2013-land-use-ordinances.cfm On September 24, 2013 the Board conducted its initial public hearing for this ordinance and directed engrossment to include changes recommended by staff and the Planning Commission. The hearing was continued to October 15, 2013. A staff report will be provided to the Board prior to the October 15, 2013 hearing and posted on the above land use ordinance web page. Copies of the report will also be available electronically and at the Clerk s desk prior to the hearing. Consistent with Board policy, testimony about the ordinance is limited to three minutes for individuals and 12 minutes for a representative of a group. DEPARTMENT S REQUESTED ACTION: Read A-Engrossed Ordinance No. 773 by title only and conduct the first public hearing for the engrossed ordinance. At the conclusion of public testimony, continue the public hearing to October 22, 2013. COUNTY ADMINISTRATOR S RECOMMENDATION: Agenda Item No. Date: 10/15/13
Board of Commissioners Staff Report A-Engrossed Ordinance No. 773 October 7, 2013 Page 2 of 2 III. SUMMARY OF ENGROSSMENT The Board directed engrossment of Ordinance No. 773 to include the following changes recommended by the Planning Commission: Delete text of originally-filed language prohibiting onsite consumption of intoxicants. Amend proposed language limiting business-related deliveries, to allow more deliveries for Type II and III home occupations. Simplify existing language regarding home occupation space restrictions. S:\PLNG\WPSHARE\2013ord\Ord773_HomeOccupation\Staff_Reports\BCC\10-15-13\A_EngOrd773_BCC_StfRpt_101513.doc
October 4, 2013 Individual Notice No. 2013-27 At your request, Long Range Planning is providing you with Individual Notice No. 2013-27, which describes changes that were made to proposed Land Use Ordinance No. 773. These changes have been incorporated into proposed A-Engrossed Ordinance No. 773. Initial Notice On August 1, 2013, persons on the General Notification List were mailed a notice (Notice No. 2013-18) from Washington County Long Range Planning regarding initial public hearings before the Planning Commission and the Board of Commissioners (Board) for proposed Land Use Ordinance No. 773. After public hearings for Ordinance No. 773, the Board ordered amendments to this ordinance. These changes have been incorporated into proposed A-Engrossed Ordinance No. 773 and are summarized below. As required by Chapter X of the County Charter, the Board has directed staff to prepare and provide you with notice of these amendments. This notice, which describes the changes to proposed Ordinance No. 773, is the second Individual Notice you have received on this ordinance this year. Purpose and Description of Proposed Ordinance As originally filed, Ordinance No. 773 proposes to amend Community Development Code (CDC) Section 430-63, primarily to remove Home Occupation standards that currently prevent retail sale of pre-manufactured products, storage, and distribution. To avoid added impacts to surrounding residential uses, the originally-filed ordinance proposes no changes to existing limits on employee numbers, visiting customers, vehicles, parking, or signage. As further protection, the ordinance proposes language limiting business-related deliveries and prohibiting onsite consumption of intoxicants in connection with home occupations. Who Is Affected Residents and property owners within unincorporated Washington County. What Land Is Affected All lands in urban and rural unincorporated areas of Washington County. Summary of Changes to Ordinance No. 773 Deletes text of originally-filed language prohibiting onsite consumption of intoxicants. Amends filed language to increase maximum business-related deliveries allowed for Type II and III home occupations (to a weekly average of two per day). Simplifies existing language regarding home occupation space restrictions. Department of Land Use & Transportation Planning and Development Services Long Range Planning 155 N First Avenue, Ste. 350 MS 14 Hillsboro, OR 97124-3072 phone: (503) 846-3519 fax: (503) 846-4412 TTY: (503) 846-4598 www.co.washington.or.us
Public Hearings Time and Place Board of Commissioners 10:00 am October 15, 2013 Board of Commissioners 6:30 pm October 22, 2013 Hearings will be held in the Shirley Huffman Auditorium in the Charles D. Cameron Public Services Building, 155 North First Avenue, Hillsboro, Oregon. On October 22, 2013, the Board may choose to adopt the ordinance, make changes to it, continue the hearing to a future date, or reject the ordinance. If it is adopted on October 22, the ordinance would become effective on November 21, 2013. How to Submit Comments Submit oral or written testimony to the Board at one of the public hearings. Written testimony may be mailed or faxed to the Board in advance of the public hearings in care of Long Range Planning. We are unable to accept e-mail as public testimony. Washington County, Department of Land Use & Transportation Planning and Development Services, Long Range Planning 155 N. First Ave., Suite 350-14, Hillsboro, OR 97124-3072 Fax: 503-846-4412 Staff Contact Anne Kelly, Associate Planner 155 North First Ave., Suite 350-14, Hillsboro, OR 97124-3072 Telephone: 503-846-8131 Fax: 503-846-4412 e-mail: anne_kelly@co.washington.or.us Proposed Ordinance is available at the following locations Washington County, Department of Land Use & Transportation Planning and Development Services, Long Range Planning 155 N. First Ave., Suite 350, Hillsboro, OR 97124-3072 Telephone: 503-846-3519 www.co.washington.or.us/lut/divisions/longrangeplanning/2013- land-use-ordinances.cfm Cedar Mill Community Library and Tigard Public Library Citizen Participation Organizations (CPOs); Call 503-821-1128 for a directory of CPOs. Plan Documents Affected by A-Engrossed Ordinance No. 773 For more information about these plan documents, please call Long Range Planning at (503) 846-3519. WASHINGTON COUNTY COMPREHENSIVE PLAN DOCUMENTS Comprehensive Exceptions Rural/Natural Framework Plan for Statement Resource Plan the Urban Area Document Urban Community Plans: Community Development Code Transportation Plan Public Facility Plan Urban Planning Area Agreements S:\PLNG\WPSHARE\2013ord\Ord773_HomeOccupation\Notices_Affidavits\Engrossment\A-Eng_Ord773_IndividualNotice.doc
The engrossed ordinance adds the following proposed amendments: Cities and Special Service Districts A-Engrossed Ordinances No. 771, 772, 773, 774, 775, 776 and B-Engrossed Ordinance No. 769 Page 2 of 5 Adds language authorizing development on lands with slopes greater than 25 percent that are located outside of the Natural Features Buffer, subject to specific requirements. Amends the Urban/Rural Edge Standards in CDC Section 390-19.2 to allow private street stubs or driveways to North Bethany boundaries that abut rural lands with Rural Reserves designations under specific circumstances. A-Engrossed Ordinance No. 772 A-Engrossed Ordinance No. 772 proposes to add a new section (Section 389) to the Washington County CDC to create a new Residential Airpark Overlay District. The new district would authorize hangars, tie-downs, and taxi-ways when constructed on property with an existing dwelling. A-Engrossed Ordinance No. 772 also proposes to amend Policy 28 (Airports) of the Washington County Rural/Natural Resource Plan to add text relating to the Residential Airpark Overlay District and to replace the existing Sunset Airstrip map with a new map that shows the Residential Airpark Overlay District boundaries. A-Engrossed Ordinance No. 772 would affect certain properties located on either side of Sunset Airstrip proposed for designation as Residential Airpark Overlay District lands. Sunset Airstrip is located south of North Plains (south side of Highway 26) and west of Glencoe Road. The engrossed ordinance incorporates all amendments originally proposed in Ordinance No. 772 and includes the following additional changes: Remove the three EFU parcels and one AF-20 parcel from the proposed overlay district (map change) Clarify that only 1 hangar is allowed per lot, but no longer limits the number of tie-downs (per lot) Prohibit commercial aviation activities, except as may be allowed in the AF-5 and RR-5 Districts Prohibit renting of personal hangars A-Engrossed Ordinance No. 773 A-Engrossed Ordinance No. 773 proposes to amend CDC Section 430-63, primarily to remove Home Occupation standards that currently prevent retail sale of pre-manufactured products, storage, and distribution. To avoid added impacts to surrounding residential uses in connection with new home occupation allowances, no increases are proposed to existing limits on employee numbers, customer visits to the site, vehicles, parking, or signage. As further protection, caps on business-related deliveries are proposed. The engrossed ordinance incorporates amendments originally proposed in Ordinance No. 773 and includes the following changes: Deletes text of originally-filed language prohibiting onsite consumption of intoxicants.
Cities and Special Service Districts A-Engrossed Ordinances No. 771, 772, 773, 774, 775, 776 and B-Engrossed Ordinance No. 769 Page 3 of 5 Amends filed language to increase maximum business-related deliveries allowed for Type II and III home occupations (to a weekly average of two per day). Simplifies existing language regarding home occupation space restrictions. A-Engrossed Ordinance No. 773 would affect home occupation standards that apply throughout unincorporated areas of Washington County. A-Engrossed Ordinance No. 774 A-Engrossed Ordinance No. 774 amends the CDC by changing the land use review process for Accessory Dwelling Units (ADUs) to a Type I process in the R-5 and R-6 Districts. The engrossed ordinance incorporates amendments originally proposed in Ordinance No. 774 and includes the following changes: Increases the maximum allowed floor area for ADUs from a maximum of 600 square feet to a maximum of 800 square feet. Amends the ADU requirements to allow up to a 15% additional increase in floor area (up to an additional 120 square feet) for ADA-compliant units. A-Engrossed Ordinance No. 775 A-Engrossed Ordinance No. 775 proposes to amend the Washington County CFP to identify service providers for Area 93 when transfer of jurisdiction to Washington County is effective, and to identify Area 93 as a new Area of Special Concern that shall be designated Future Development 20-Acre (FD-20). The ordinance also updates applicable maps in the Washington County Transportation Plan to include Area 93, and to apply appropriate Washington County road designations. The engrossed ordinance incorporates amendments originally proposed in Ordinance No. 775 and includes the following changes: Adds the Urban Road Maintenance District (URMD) as an Area 93 service provider when the Area 93 transfer to Washington County is effective. Adds amendments to CDC Sections 201, 308, and 422 to address tree removal requirements in Area 93 when its transfer to Washington County is effective. A-Engrossed Ordinance No. 776 A-Engrossed Ordinance No. 776 amends the Rural/Natural Resource Plan Element of the Comprehensive plan, the Aloha-Reedville Cooper Mountain Community Plan, and the CDC relating to Housekeeping and General Update changes.
Cities and Special Service Districts A-Engrossed Ordinances No. 771, 772, 773, 774, 775, 776 and B-Engrossed Ordinance No. 769 Page 4 of 5 The engrossed ordinance incorporates amendments originally proposed in Ordinance No. 776 and includes the following changes: Removes the proposed amendment to CDC Section 203-3.2, Neighborhood Meeting, as recommended by the Planning Commission. Removes the proposed amendment to CDC Section 209-3.1 D, regarding appeals, and re-instates the existing language of that section. The existing text is correct and therefore no amendment is needed. Rewords the proposed amendments to CDC Sections 320-3.17 and 330-4.4 for consistency with the wording of CDC 320-3.19. The cross reference to CDC Section 430-73 (Kennel) in CDC Sections 340 and 344 is amended to reflect the correct CDC section. Other amendments to these sections are made for clarity. Clarifies the language in CDC Section 418, Setbacks, to address the unaffected setbacks of the existing structure as recommended by the Planning Commission. Amends CDC Sections 605 and 610, Land Division and Property Line Adjustments (PLA) Inside and Outside a UGB, to clarify that PLAs are allowed through a Type I or Type II procedure if they meet the minimum lot size standard. For consistency, amendments are also proposed throughout Exhibit 3, to reflect the ampersand instead of the word and in the title for Land Use & Transportation. B-Engrossed Ordinance No. 769 B-Engrossed Ordinance No. 769 proposes to amend the CFP and the CDC to comply with the Religious Land Use and Institutionalized Persons Act (RLUIPA). The state's final amendments to OARs 660-033-0120 and 0130 (RLUIPA rulemaking) occurred in February 2012, so the county is now updating its Comprehensive Plan to implement the new OARs. As originally filed, Ordinance No. 769 proposed the following amendments: Limits certain public or quasi-public uses within three miles of the urban growth boundary (UGB) to all uses to which the state now applies the rule. The prior state law and the county s CDC applied the "three mile" rule only to churches. Removes the term "churches" and replaces it with "religious institutions" in the CFP and the CDC. Changes the procedure type for development review of churches to match the review type of similar uses, such as membership organizations and other places of assembly. Expands the number of uses subject to additional restrictions outlined in OAR 660-033-0120. These uses include parks, community centers, cemeteries, schools, campgrounds, golf courses, living history museums, and public buildings. A-Engrossed Ordinance No. 769 incorporated all of the above-described amendments plus the following changes to Exhibit 2: Amends the proposed definition of Religious Institution in CDC Section 106, Definitions. Retains cemeteries as a use which may be permitted through a Type III development procedure.
Cities and Special Service Districts A-Engrossed Ordinances No. 771, 772, 773, 774, 775, 776 and B-Engrossed Ordinance No. 769 Page 5 of 5 B-Engrossed Ordinance No. 769 incorporates all of the above-described amendments plus the following new change to Exhibit 2: Amends the proposed definition of Religious Institution in CDC Section 106, Definitions, to note that schools are not included as accessory uses in the Exclusive Farm Use (EFU) and Agriculture and Forest (AF-20) Districts. S:\PLNG\WPSHARE\2013ord\Ord772_AirportOverlay\A-Engrossed Ord 772_Notices\A-Eng_Ords771-776_B-EngOrd769_CitiesNotice_FINAL.doc
Deletes text of originally-filed language prohibiting onsite consumption of intoxicants. Amends filed language to increase maximum business-related deliveries allowed for Type II and III home occupations (to a weekly average of two per day). Simplifies existing language regarding home occupation space restrictions. Public Hearings - Time and Place Board of Commissioners October 15, 2013 October 22, 2013 10:00 am 6:30 pm Hearings will be held in the Shirley Huffman Auditorium in the Charles D. Cameron Public Services Building, 155 North First Avenue, Hillsboro, Oregon. On October 22, 2013, the Board may choose to adopt the ordinance, make changes to it, continue the hearing to a future date, or reject the ordinance. If it is adopted on October 22, the ordinance would become effective on November 21, 2013. Community Development Code Standards Affected How to Submit Comments Section 430-63, Home Occupations Submit oral or written testimony to the Board at one of the public hearings. Written testimony may be mailed or faxed to the Board in advance of the public hearings in care of Long Range Planning. We are unable to accept e-mail as public testimony. Washington County, Department of Land Use & Transportation Planning and Development Services, Long Range Planning 155 N. First Ave., Suite 350-14, Hillsboro, OR 97124-3072 Fax: 503-846-4412 Staff Contact Proposed Anne Kelly, Associate Planner 155 North First Ave., Suite 350-14, Hillsboro, OR 97124-3072 Telephone: 503-846-8131 Fax: 503-846-4412 e-mail: anne_kelly@co.washington.or.us Ordinance is available at the following locations: Washington County, Department of Land Use & Transportation Planning and Development Services, Long Range Planning 155 N. First Ave., Hillsboro, OR 97124-3072 Telephone: 503-846-3519 www.co.washington.or.us/lut/divisions/longrangeplanning/ 2013-land-use-ordinances.cfm Cedar Mill Community Library and Tigard Public Library Citizen Participation Organizations (CPOs) Call 503-821-1128 for a directory of CPOs. S:\PLNG\WPSHARE\2013ord\Ord773_HomeOccupation\Notices_Affidavits\Engrossment\A-Eng_Ord773_CPONotice_Final.doc
A-Engrossed Ordinance No. 773 Exhibit 1 September 27, 2013 Page 1 of 7 Community Development Code Section 430, SPECIAL USE STANDARDS, is amended to reflect the following: 430-63 Home Occupation A home occupation is a lawful activity carried on within a dwelling by a member or members of the family who occupy the dwelling, where the occupation is secondary to the use of the dwelling for living purposes and the residential character of the dwelling is maintained. Bed and breakfast facilities serving five (5) or fewer persons are permitted as a Type I Home Occupation in all districts except the Institutional, EFU, EFC and AF-20 Districts (Section 430-63.1 C does not apply to bed and breakfast facilities). Bed and breakfast facilities serving more than five (5) persons are subject to the standards of Section 430-19 - Boarding House (including Bed and Breakfast facilities for more than five (5) persons). There are four types of home occupations: exempt (see Section 201-2.18), Type I (Section 430-63.1), Type II (Section 430-63.2) and Type III (Section 430-6463.3). The following summarizes the key differences: Exempt Same as Type I, but no on-site customers Type I Operated within the dwelling (includes one or two car attached garage) No retail sales other than telephone sales Limited to five (5) on-site customers or fewer per day Allows Nno employees who do not reside at the home occupation site Does not allow any additional parking Allows one (1) commuter vehicle with weight limits Allows weekly average of one (1) business-related delivery per day Type II Operated within the dwelling or an accessory building Limited retail sales Limited to nine (9) on-site customers or fewer per day Allows Oone (1) employee allowed who does not reside at the home occupation site Allows additional parking Allows one commuter vehicle with weight limits Allows weekly average of two (2) business-related deliveries per day abcdef Proposed additions abcdef Proposed deletions
A-Engrossed Ordinance No. 773 Exhibit 1 September 27, 2013 Page 2 of 7 Type III Same as Type II, andbut Limited outdoor storage allowed Allows one commuter vehicle with nno weight limit on the allowed commuter vehicle Limited to the AF-5 and AF-10 Districts 430-63.1 Home Occupation - (Type I) (not includingexcluding Type I home occupations that do not require a Development Permit pursuant to Section 201-2.18.) A Type I Home Occupation shall: A. Require the applicant to obtain a permit thatwhich shall be renewed annually; B. Be operated entirely within the applicant s dwelling. The use of. detached garages, three-car or more attached garages, accessory structures oruse of outdoor areas is not allowed; C. Including storage of materials and products, Use occupy: (1) nnot more than six hundred (600) square feet or twenty-five (25) percent of the dwelling, whichever is greater; floor area used for human occupancy (the basement counts as area used for human occupancy, but the garage does not) or all of a one or two-car attached garage. However, an applicant with a disability may use up to thirty-five (35) percent of the floor area used for human occupancyor (2) An area exceeding the above maximums by up to ten (10) percent, when requested by an applicant with a disability. For purposes of Section 430-63.1 B and C, a dwelling includes the basement and attached garage. D. When located in In a residential, agricultural, or forest district, limit any external evidence of an occupation to one (1) identification sign not to exceed two (2) square feet in area. (Bbusiness identification on a commuter vehicle is exempt from this requirement); E. In a commercial or industrial district, limit any external evidence of a home occupation to one (1) identification sign not to exceed twenty (20) square feet in area; EF. Not involve warehousing or distribution, or the use or storage of vehicles used for the business, other than one commuter vehicle. In the urban area, the commuter vehicle shall not exceed a manufacturer s rating of one ton. In the rural area, the commuter vehicle shall not exceed a gross vehicle weight of 26,000 pounds. The commuter vehicle shall not be larger than one-ton manufacturer s rating in the urban area and not be larger than a gross vehicle weight of 26,000 pounds in abcdef Proposed additions abcdef Proposed deletions
A-Engrossed Ordinance No. 773 Exhibit 1 September 27, 2013 Page 3 of 7 the rural area. Tandem rear axles, tractor trailers or heavy equipment, such as construction equipment used in a business, are prohibited; FG.Include no retail sales other than telephone sales;not exceed a weekly average of one (1) business-related delivery or pick-up per day, excluding regular residential deliveries by the U.S. Postal Service; GH.Not have more than five (5) customers daily entering the premises; HI. Produce no noise or obnoxious odors, vibrations, glare, fumes, or electrical interference detectable to normal sensory perception outside the structure; IJ. Not require any additional parking; J. When located in a commercial or industrial district, limit any external evidence of an occupation to one (1) identification sign not to exceed twenty (20) square feet in area; K. Employ no persons who are not permanent residents of the dwelling. For the purposes of this Section, an attendant, who is employed by an applicant with a disability for assistance with daily living activities, shall not be considered to be an employee. 430-63.2 Home Occupation - (Type II) A Type II Home Occupation shall: A. Require the applicant to obtain a permit which shall be renewed annually; B. Be operated entirely within a residential structure or permittedthe applicant s dwelling, garage, or lawful accessory structure. (Use of outside storage areas is not allowed). ; Where a garage is used, additional off-street parking shall be provided in a manner not detracting from the residential character; C. Where a garage is used, additional off-street parking shall be provided in a manner not detracting from the residential character of the site;area Allowed for a Home Occupation. (The Review Authority may grant an increase to the following floor area requirements for an applicant with a disability when additional floor area is necessitated as a result of the applicant s disability. The additional floor area shall not be greater than the minimum area needed to accommodate the disability.) D. Including storage of materials and products, occupy: (1) Inside the UGB (a) Nnot more than six hundred (600) square feet or twenty-five (25) percent of a dwelling or lawful accessory structure, whichever is greaterthe floor area used for human occupancy (may include the basement); or all of a one or two-car attached garage. A three-car or abcdef Proposed additions abcdef Proposed deletions
A-Engrossed Ordinance No. 773 Exhibit 1 September 27, 2013 Page 4 of 7 more attached garage also may be used for the home occupation. The total floor area that may be used in a three-car or more attached garage shall be no more than twenty-five (25) percent of the floor area used for human occupancy, not including the garage; or (b) (b) Use no more than six hundred (600) square feet of allowed accessory structure (including detached garage); An area exceeding the above maximums by up to ten (10) percent, when requested by an applicant with a disability. For purposes of Section 430-63.2 D(1), a dwelling includes the basement and attached garage. (2) Outside the UGB (a) Nnot more than one thousand (1000) square feet or twenty-five (25) percent of a dwelling or lawful accessory structure, whichever is greaterthe floor area used for human occupancy (may include the basement); or all of a one or two-car attached garage. A three-car or more attached garage also may be used for the home occupation. The total floor area that may be used in a three-car or more attached garage shall be no more than twenty five (25) percent of the floor area used for human occupancy, not including the garage; or (b) No more than one thousand (1000) square feet of Where an allowed accessory structurebuilding or detached garage is used, other than storage of farm equipment or vehicles, the home occupation shall be limited to one thousand (1000) square feet (including detached garage); (b) An area exceeding the above maximums by up to ten (10) percent, when requested by an applicant with a disability. For purposes of Section 430-63.2 D(2), a dwelling includes the basement and attached garage. Areas used only for storage of farm equipment or farm vehicles are not considered as part of the maximum allowed home occupation space. D. Require no remodeling of the exterior of the dwelling or the accessory structure which changes the residential character; E. When located Iin a residential, agricultural or forest district, limit any external evidence of an occupation to one (1) identification sign not to exceed two (2) square feet in area. (bbusiness identification on a commuter vehicle is exempt from this requirement); abcdef Proposed additions abcdef Proposed deletions
A-Engrossed Ordinance No. 773 Exhibit 1 September 27, 2013 Page 5 of 7 F. When located Iin a commercial or industrial district, limit any external evidence of an a home occupation to one (1) identification sign not to exceed twenty (20) square feet in area; G. Not involve warehousing or distribution, or the use or storage of vehicles used for the business, other than one commuter vehicle. In the urban area, Tthe commuter vehicle shall not exceed a be larger than one-ton manufacturer s rating in the urban area and of one ton. In the rural area, the commuter vehicle shall not be larger thanexceed a gross vehicle weight of 26,000 pounds. in the rural area. Tandem rear axles, tractor trailers or heavy equipment, such as construction equipment used in a business, are prohibited; H. Not exceed a weekly average of two (2) business-related deliveries or pick-ups per day, excluding regular residential deliveries by the U.S. Postal Service;Involve no sales of goods not made, repaired or reconditioned on the premises; I. Produce no noise or obnoxious odors, vibrations, glare, fumes or electrical interference detectable to normal sensory perception outside the structure; J. Not have more than nine (9) customers daily entering the premises. The Review Authority may permit additional customers for an applicant with a disability when the increase is necessitated by the applicant s disability; K. Employ no more than one (1) person in addition to those who are permanent residents of the dwelling. For the purposes of this Section, an attendant, who is employed by an applicant with a disability for assistance with daily living activities, shall not be considered to be an employee; and L. Provide a plan for any additional required parking, required which shall be approved if: (1) The residential character of the parcel is not changed; and (2) The parking area does not detract from the visual appearance of the residence.; 430-63.3 Home Occupation - (Type III) A Type III Home Occupation shall: A. Be only allowed only in the AF-5 and AF-10 Districts; B. Require the applicant to obtain a permit which shall be renewed annually through the Type II procedure. The Type II renewal permit shall be subject to any conditions imposed through the Type III procedure and the conditions shall only be modified via the Type III procedure; C. Including storage of materials and products, occupy: abcdef Proposed additions abcdef Proposed deletions
A-Engrossed Ordinance No. 773 Exhibit 1 September 27, 2013 Page 6 of 7 Area Allowed for a Home Occupation. (The Review Authority may grant an increase to the following floor area requirements for an applicant with a disability when additional floor area is necessitated as a result of the applicant s disability. The additional floor area shall not be greater than the minimum area needed to accommodate the disability.) (a) (b) Use nnot more than one thousand (1000) square feet or twenty-five (25) percent of a dwelling or lawful accessory structure, whichever is greater;the floor area used for human occupancy (may include the basement) or all of a one or two-car attached garage. A three-car or more attached garage may also be used for the home occupatithe total floor area that may be used in a three-car or more attached garage shall be no more than twenty-five (25) percent of the floor area used for human occupancy, not including the garage; or An area exceeding the above maximums by up to ten (10) percent, when requested by an applicant with a disability; and (b) Where an accessory building is used, other than storage of farm equipment or vehicles, the home occupation shall be limited to one thousand (1000) square feet (including detached garage); (c) Not more than six hundred (600) square feet Outside of outdoor area for storage of inventory, equipment, a vehicles, or other items associated with the home occupationshall be limited to six hundred (600) square feet; For purposes of Section 430-63.3 C, a dwelling includes any basement and attached garage. Indoor and outdoor areas used only for storage of farm equipment or farm vehicles are not considered as part of maximum allowed home occupation spaces. D. Require no remodeling of the exterior of the dwelling or the accessory structure which changes the residential character; E. Limit any external evidence of an occupation to one (1) identification sign not to exceed two (2) square feet in area. (bbusiness identification on a commuter vehicle is exempt from this requirement); F. Not involve warehousing or distribution, or the use or storage of vehicles used for the business, other than one commuter vehicle; G. Not exceed a weekly average of two (2) business-related deliveries or pick-ups per day, excluding regular residential deliveries by the U.S. Postal Service; Involve no sales of goods not made, repaired or reconditioned on the premises H. Produce no noise or obnoxious odors, vibrations, glare, fumes or electrical interference detectable to normal sensory perception outside the structure; abcdef Proposed additions abcdef Proposed deletions
A-Engrossed Ordinance No. 773 Exhibit 1 September 27, 2013 Page 7 of 7 I. Have no more than nine (9) customers daily entering the premises. The Review Authority may permit additional customers for an applicant with a disability when the increase is necessitated by the applicant s disability; J. Employ no more than one (1) person in addition to those who are permanent residents of the dwelling. For the purposes of this Section, an attendant, who is employed by an applicant with a disability for assistance with daily living activities, shall not be considered to be an employee; and K. Provide a parking plan which shall be approved if: (1) The residential character of the parcel is not changed; (2) The parking area does not detract from the visual appearance of the residence; and (3) The parking area for a commuter vehicle with a gross vehicle weight more than 26,000 pounds shall be located at least one hundred (100) feet from any property line and be screened with at least a six (6) foot site-obscuring fence, or be located within a permitted accessory structure; L. Be located on a lot or parcel that is at least five (5) acres in size and with direct access to a public road (use of an easement or shared driveway is prohibited); M. Screen ooutdoor storage areas shall be screened with a minimum six (6) foot site-obscuring fence. These areas and shall be located at least one hundred (100) feet from all property lines. abcdef Proposed additions abcdef Proposed deletions