Memorandum:
To: Montrose County Planning Commission
From: Richard Gibbons, Land Use Director
Date: May 21, 2004
Subject: Proposed Amendment to the Zoning Resolution - Home Occupations
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The above captioned hearing is scheduled for the May 27, 2004, Planning Commission Meeting. The Planning Commission meets at 6:30 p.m. in the Commissioner’s boardroom, 161 S. Townsend Ave., Montrose, Colorado. Following a Planning Commission decision, the Board of County Commissioners hearing date will be set. Their tentative hearing date is projected for June 21, 2004.
At the request of the Board of County Commissioners, the County Attorney has prepared proposed amendments to the Zoning Resolution regarding the conditions under which HOME OCCUPATIONS would be allowed in the various zone districts. Generally, there has been concern recently that the current regulations are not specific enough and therefore the ability to pursue effective enforcement is constrained. The proposed regulations are intended to resolve the problem. Generally, the proposed amendments provide for:
a) Deletion of the current definition of “Home Occupation” in Section III of the Resolution, and substituting a more detailed and enforceable definition; including a listing of occupations that do not meet the criteria for a home occupation.
b) Adding definitions for the terms “Commercial Vehicle” and “Dispatch Center” to Section III of the Resolution.
c) That the Resolution be further amended by adding a Section V.F. “Home Occupation” in the Detailed Development Standards section of the Resolution; stipulating that a home occupation shall be allowed via a conditional use permit system and providing detailed development standards that shall apply.
d) And that the General Agricultural Zone District “A:, the General Residential Zone District “R”, the Manufactured Home Park Residential Zone District
“R-MHP”, and the Multiple Family Residential Zone District “R-MF”, be amended to show Home Occupations as a conditional use - accessory use.
On that basis it is my
RECOMMENDATION
that the Planning Commission
Review the DRAFT amendments to the Zoning Resolution and forward a recommendation to the Board of County Commissioners.
Discussion:
The Board and Staff are committed to the concept that home occupations are a desirable use that should be allowed in the agricultural and residential zone districts. However, there must be a limit beyond which a business should be located on property that is properly zoned for business, commercial or industrial uses. Achieving a set of rules that correctly and precisely identifies that limit is the challenge of home occupation legislation. Your input to the process is needed.
EXHIBIT A
SECTION III:
Home Occupation: Any occupation, trade, service or profession conducted entirely within the dwelling unit or accessory
building(s) carried on by a person residing in the dwelling, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not occupy more than twenty-five percent (25%) of the total floor space or 500 square feet of floor space of the dwelling unit and accessory
building(s), whichever is less.
Home occupations shall not include the following occupations, trades, services or professions carried on the property: Nursing or medical clinic, doctor or dentist’s office, restaurant; vehicle repair or painting, trailer or boat repair or painting, animal hospital or kennel, major appliance repair (washers, dryers, refrigerators), art or photo studio, dispatch center, private school, or upholstering.
Home occupations must comply with the provisions of Section V (F) of the Montrose County Zoning Resolution.
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EXHIBIT B
Commercial Vehicle: A commercial vehicle means any vehicle having a combined gross weight rating greater than 12,000 pounds, designed for the transportation of commodities, merchandise, produce, freight, animals or passengers, and which is operated in conjunction with a home occupation.
Dispatch Center: A dispatch center is where employees or subcontractors come to a site to be dispatched to other locations.
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EXHIBIT C
SECTION V.F. - HOME OCCUPATIONS:
1. Home occupations, in zones where they may be permitted, shall be applied for through a conditional use permit application system. After the permit application is completed by the applicant, it shall be placed on the Board of County Commissioners’ agenda for Board consideration.
2. The home occupations shall occupy not more than 500 square feet, or twenty-five percent (25%), of the total floor area of the dwelling and accessory
building(s), whichever is smaller. That portion of the principal dwelling unit and/or the detached
building(s) used for the home occupation shall comply with building codes, fire protection, safety and other codes applicable to that particular house.
3. Home occupations will be allowed within a dwelling unit or accessory
building(s), which is incidental and secondary to use of the dwelling for dwelling purposes and which does not change the residential character of the property.
4. On-premises advertising, display, or other indications of the home occupation shall be limited to one sign, not to exceed three square feet in total area. Illumination of the sign by lights will not be permitted.
5. Sales generated from the home occupation shall only be incidental or accessory sales of supplies or products associated with the occupation. A home occupation whose primary activity is retail sales shall be prohibited.
6. There shall be no on-site exterior storage of materials, used or sold, as a part of the home occupation business.
7. A home occupation shall not produce noise, electrical or magnetic interference, vibrations, heat, glare, odors, fumes, smoke, or dust uncommon to the neighborhood and shall not be operated at such hours or in such a manner as to create a public nuisance, disturb neighbors or alter the residential character of the premises.
8. Traffic generated by a home occupation may not significantly exceed that which would normally be expected in a residential neighborhood, but any need for minimal parking generated by the conduct of the occupation shall be met with on-premise parking. No parking or storage of commercial vehicles for the home occupation shall be permitted on site. A home occupation shall not have more than ten (10) customers or clients in any twenty-four (24) hour period.
9. The premises of a home occupation may be inspected during reasonable business hours to determine compliance with the provisions of this permit. A home occupation conditional use permit shall be valid for a thirty-six (36) month period after it is issued and may be renewed unless the permit, or the privilege of renewing the permit, has been revoked or suspended due to violations of the permit or other laws applicable to the home occupation conditional use permit.
10. No home occupation conditional use shall be permitted without prior application to and hearing by the Board of County Commissioners, which Board shall determine whether or not the proposed home occupation complies with all applicable laws, ordinances and resolutions.
11. A home occupation conditional use permit may be issued for any used allowed by the Montrose County Zoning Resolution.
12. A home occupation conditional use permit shall not be transferable. If the permitee violates any conditions of the permit, or if the permitee ceased to engage in the approved home occupation, approval of the conditional use permit may be withdrawn after giving the permittee notice and opportunity to be heard.
13. Activities not covered by a home occupation: No home occupation conditional use permit shall be required for telecommuting, involving no outside sign, little or no increase in traffic, and only occasional visits by the public to the home. As used in this section, “telecommuting” means working at home by the use of a computer.
November 3, 2004
... "McCracken said he believes recent controversy over a proposal by county commissioners to amend the county's home occupation regulations may have contributed to his defeat. County commissioners have since removed the proposal from consideration" ...