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Home My WebLink About043-24 (ProposedOrdAmendmentChapter165Zoning(Home&CottageOccupations) RESOLUTION -x •r ytirc Action: BOARD OF SUPERVISORS January 24, 2024 RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ORDINANCE CHAPTER 165 - ZONING ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 —General Provisions §165-101.02 Definitions and word usage ARTICLE II Supplementary Use Regulation; Parking; Buffers; and Regulations for Specific Uses Part 201 —Supplementary Use Regulations §165-201.05 Secondary or accessory uses Part 204—Additional Regulations for Specific Uses WHEREAS, a proposal to amend Chapter 165—Zoning Ordinance to amend definitions and regulations for"home occupations" and "cottage occupations"to address stated concerns from Board members, the Planning Commission, and the public about operating a Home or cottage occupation was considered. Specifically, the proposal would modify where the use may be conducted, the number of employees allowed for each use, and clarify allowances for commercial vehicles associated with a home or cottage occupation ; and WHEREAS, the Development Review and Regulation Committee (DRRC) reviewed the proposed changes at their July 27, 2023 regular meetings and supported the proposed changes; and WHEREAS, the Frederick County Planning Commission discussed the proposed changes at their regularly scheduled meeting on September 6, 2023 and agreed with the proposed changes; and WHEREAS, the Frederick County Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on November 8, 2023 and January 24, 2024; and Res#043-24 WHEREAS, the Frederick County Board of Supervisors finds it appropriate in the public necessity, convenience, general welfare, and good zoning practice to direct the Frederick County Planning Commission to hold a public hearing regarding an amendment to Chapter 165—Zoning Ordinance;and NOW,THEREFORE,BE IT REQUESTED by the Frederick County Board of Supervisors, that in the interest of public health, safety, general welfare, and good zoning practice, the Frederick County Planning Commission shall hold a public hearing to consider changes to address Chapter 165 -Zoning Ordinance to amend definitions and regulations for"home occupations" and "cottage occupations." Passed this 24th, day of January 2024 by the following recorded vote: Josh Ludwig, Chairman Aye John Jewell Aye Heather H. Lockridge Aye Robert W. Wells Aye Blaine P. Dunn Aye Robert Liero Aye Judith McCann-Slaughter Aye A COPY ATTEST Michael L. Bollhoe r Frederick County dministrator Res#043-24 •r COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Planning and Development Staff SUBJECT: Ordinance Amendments—Home Occupations and Cottage Occupations. DATE: January 9, 2024 Proposal & Current Standard: The following changes are proposed by Planning and Development Department staff to Chapter 165-Zoning Ordinance. 1) Home Occupation and Cottage Occupation: This is a proposal to amend regulations for "home occupations" and "cottage occupations" to address stated concerns from Board members, the Planning Commission, and the public about operating a home or cottage occupation. Specifically, the proposal would modify where the use may be conducted on the property,the total number of employees and customers allowed for each use, and clarify allowances for commercial vehicles associated with a home or cottage occupation. Staff would note that for businesses where the intensity of the use exceeds the threshold enabled by home or cottage occupations,as allowed,that business owner may a)rezone their property to a compatible zoning district, if consistent with adopted County land use plan policies; or b)relocate the business to a property with the appropriate zoning district.Home and cottage occupations are enabled to foster small businesses and business incubation and growth. In certain cases, a desired home-based business, based on the nature of use and intensity, may not be appropriate for a home or cottage occupation setting. Current Standard: The Zoning Ordinance defines "home occupations" as an occupation or profession customarily carried out fully within a dwelling unit, with no employees (expect those residing on the premise) and limited to less than five(5) customers per day. Home occupations are a by-right use in the RP (Residential Performance), R4 (Residential Planned Community), R5 (Residential Recreational Community), MH1 (Mobile Home Community), and RA (Rural Areas) Zoning Districts. The Zoning Ordinance defines "cottage occupations" as an occupation or profession customarily carried out within a dwelling unit or an accessory building/structure, with no more than one (1) employee (expect those residing on the premise) and serving (5) or more customers per day. Cottage occupations are a conditional use in the RP (Residential Performance), R4 (Residential Planned Community), R5 (Residential Recreational Community), MH1 (Mobile Home Community),and RA(Rural Areas)Zoning Districts requiring an approved conditional use permit. BOS Discussion OA—Ordinance Amendments—Home Occupation and Cottage Occupations January 9,2024 Page 2 Meeting Summary& Requested Action: The Development Review& Regulations Committee (DRRC) discussed the proposed changes to home occupations at their July 27, 2023, meeting and supported the proposed changes. The Planning Commission discussed this item at their September 6, 2023, meeting and unanimously supported sending the proposed text amendments forward. Staff is seeking a decision by the Board of Supervisors on whether to send these items forward to public hearing. MTK/pd Attachments: 1. Proposed Changes —Home Occupations and Cottage Occupations 2. Resolution Proposed Changes—Home&Cottage Occupations Revised December 19,2023 Chapter 165—Zoning Ordinance ARTICLE I GENERAL PROVISIONS,AMENDMENTS,AND CODNTIONAL USE PERMITS Part 101—General Provisions §165-101.02 Definitions and word usage. Cottage Occupation An occupation or profession customarily carried on in a dwelling unit or an accessory building,whiehi 4 et Home Occupation An occupation or profession customarily carried on in a dwelling unit,whiehr. In the RA(Rural Areas) Zoning District a home occupation may be carried on in an accessory building or structure. ; ; ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS;AND REGULATIONS FOR SPECIFIC USES Part 204—Additional Regulations for Specific Uses §165-204.36 Home Occupations Where permitted,home occupations shall meet the following requirements: Proposed Changes-Home&Cottage Occupations Revised December 19,2023 A. All or part of the business, such as a home office, is conducted within the ftff cipal building or structure, In the RA(Rural Areas)Zoning District a home occupation may be carried on in an accessory building or structure. B. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes with no exterior display,no exterior storage of materials and no exterior indication of the occupation or variation from the residential character of the principal building and neighborhood. C. Produces no offensive noise,vibrations, smoke, dust,heat,odor, glare,traffic hazard or congestion and does not adversely affect the surrounding properties. D. No more than five people,not residing on the premises, are permitted per day including customers and/or employ E. One commercial vehicle is allowed as defined in &165-101.02. §165-204. 37 Cottage Occupations Where permitted, cottage occupations shall meet the following requirements: A. All or part of the business, such as a home office, is conducted within the principle residential building or an accessory building or structure. B. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes with no exterior display,no exterior storage of materials and no exterior indication of the occupation or variation from the residential character of the principal building and neighborhood. C. Allows for up to 10 people,not residing on the premises, including customers and/or employ per day. D. -d+.-One or more commercial vehicles are allowed as defined in §165-101.02.