To: Honorable Mayor and Members of Town Council
From: Mary Shaw, Zoning Manager
Title
Ordinance: Repealing and Readopting Section 17.52.230 of the Castle Rock Municipal Code Concerning Home Occupations (Second Reading)
Body
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Executive Summary
Ordinance 2015-37 was approved as presented on First Reading on August 18, 2015 by a vote of 7-0. However, several Council members asked questions related to the interface between the Municipal Code and covenants, conditions and restrictions that might be applicable to any subject property. Accordingly, staff revisited subsection D, in an effort to better ensure clarity as to the Code’s intent, and made suggested changes to that subsection.
The purpose of this memorandum is to seek Town Council approval of a code amendment to update regulations for the Town of Castle Rock Municipal Code Chapter 17.52.230 for Home Occupations to be allowed as an outright permitted use in all residential zoning districts.
Notification and Outreach Efforts
This topic was presented to HOA representatives, property managers and home occupation professionals by ema
il and at a public meeting on April 20, 2015. Staff received favorable response to the proposed code amendment for home occupations.
Planning Commission recommended Council approve the proposed code amendment concerning Home Occupations on July 23, 2015.
History of Past Town Council, Board & Commissions, or other Discussions
Since June 2014, the Planning Commission recommended and Town Council approved six (6) Use by Special Review applications for home occupations in residential Planned Development zone districts.
Discussion
The Municipal code allows home based businesses as an accessory use in all residential zones, but ninety (90) percent of residential development in Castle Rock consists of parcels regulated by Planned Development (PD) zoning regulations. PD zoning regulations are inconsistent. Some PD zoning regulations restrict home occupations to require Council approval as a Use by Special Review. Some PD zoning regulations are silent and do not contemplate home occupations.
Town regulations for home occupations is intended to prevent potential harmful impact to residential neighborhoods and ensure the home occupation use is secondary to the principal residential use. Zoning regulations approved and adopted years ago did not contemplate the growing population and the current increasing demand for home occupations.
If adopted, the proposed code amendment will clarify existing home occupation regulations and amend current code to allow home occupations in all residential zone districts, including Planned Developments.
Staff Findings:
• Although home occupations are allowed as an accessory use within all residential zone districts, the PD residential zoning regulations are inconsistent. There are a number of Planned Development (PD) Zoning Districts where home occupations are allowed as a use by special review, as well as a number of PDs that are silent with regard to home occupations. With the passage its passage, this Ordinance will apply to all residential zoning districts.
• Small businesses contribute to local economy by bringing growth and innovation to the community in which the business is established and with the increase in use of computer technologies, allowing for both better connections for teleworkers, and entrepreneurial opportunities via platforms such as eBay and Etsy, as well as changes in the workforce with increased numbers of people working out of their homes, home occupations will most likely trend upward.
• Home businesses are consistent with the Town vision to promote long term economic stability by allowing a wide range of local employment opportunities. Some of the PDs that require use by special review were approved as far back as 1985. Therefore, they do not reflect current municipal objectives.
• The benefits of home occupations include not only economic development but also, benefits to the individual and the community related to providing people additional time to be at home with their family, reducing travel/traffic, and providing low overhead costs. Permitting the use by right within all Planned Developments (PD) Zoning Districts, is a positive step toward reducing daily commuter traffic, energy consumption, and air pollution and can provide useful services and encourage business growth.
• Home occupations are desirable as a primary means of income and as a supplement to a primary occupation because the home may be the most practical place in which to operate a business for some residents. Allowing home-based businesses in all residential zones, including Planned Developments, captures the community’s core values and encourages the Town’s vision for the future. Creating a home occupation exception, as a use by right, within all Planned Developments (PD) Zoning Districts, represents an accommodation between the values fostered by zoning restrictions and the values served by permitting persons the liberty to conduct economic activity in their home.
• People have long used their residences as a place in which to work as well as live, and zoning ordinances recognize this by permitting home occupations, subject to certain restrictions, to ensure the home occupation remains unobtrusive and that it does not detract from an otherwise residential neighborhood.
• Placing some restrictions on home occupations represents a compromise between ensuring there are not incompatible commercial uses in residential neighborhoods and recognizing the growing social necessity of permitting some home occupations.
• The concept of residents living where home occupations are restricted to Council approval as a Use by Special Review is contrary to Town values for local economy.
• Permitting home occupations as a use by right, within all Planned Developments (PD) Zoning Districts may help to enable people who might be unable to work outside the home (including single parents, the elderly, and the disabled) an opportunity to earn a living.
• Permitting home occupations in Planned Developments (PD) Zoning Districts, subject to certain limitations, serves to balance governmental interests and represents a reasonable compromise between the public health, safety and welfare in residential districts and the pressures necessitating the accommodation of appropriate home occupations.
• The Town’s goals of maintaining the residential character of the neighborhood by ensuring that the homes, and not the occupations, remain the integral characteristic of the community and that home occupations do not adversely affect the uses permitted in the residential district are met by this Ordinance.
• Adoption of this Ordinance will result in the uniform treatment of all PDs, from a zoning perspective, related to home occupations.
• This Ordinance recognizes that HOA CCR’s may be more restrictive than Town code for home occupations.
Staff Recommendation
Staff recommends Town Council approve the proposed code amendment to update current regulations and allow home occupations as an outright permitted use in R-1, R-1A, R-2, R-3, MH and residential Planned Development zoning districts.
Proposed Motion
“I move to approve an Ordinance Repealing and Reenacting Section 17.52.230 of the Town of Castle Rock Municipal Code concerning Accessory Uses; Home Occupations.”
Attachments
Attachment A: Site Map
Attachment B: Town of Castle Rock Municipal (CURRENT) Code 17.52.230
Attachment C: Ordinance
Attachment D: Comments