COUNTY OF ALBEMARLE
ZTA 2009-011 Home Occupation Definition
Public hearing to consider proposed amendments to Chapter 18, Zoning, pertaining to the definitions of home occupations
Messrs. Tucker, Foley, Davis, Kamptner, Ms. McCulley
LEGAL REVIEW: Yes
August 5, 2009
ACTION: X INFORMATION:
Home occupations are permitted in dwelling units and, until recently, the persons engaged in the home occupations were required to reside in the dwelling unit in which the home occupation was conducted. Upon being granted a special use permit, a Class B home occupation may have up to 2 additional employees who do not live in the dwelling unit.
The definitions of Class A and Class B home occupations had been interpreted to mean that the person engaged in the home occupation had to reside in the dwelling unit in which the home occupation was conducted. That interpretation presumed that there was only one dwelling unit on the lot. However, both definitions permit a home occupation in a dwelling unit “on the premises” and, where there are multiple dwelling units on the premises, neither definition expressly requires that the home occupation be conducted within the dwelling unit in which the family member(s) reside. Thus, when two residents within the Belvedere Subdivision separately sought approvals for home occupations within the unoccupied carriage houses that were on the same parcels as the dwelling units in which the applicants resided, staff reluctantly concluded that the applicants met the letter, but perhaps not the intent, of the County’s home occupation regulations.
Goal 1: Enhance the Quality of Life for all Albemarle County Residents
The proposed ordinance would amend the definitions of Class A and Class B home occupations to expressly require that the family member(s) engaged in the occupation reside within the dwelling unit in which the home occupation is conducted. Both definitions would also be amended to expressly incorporate what has been a longstanding administrative interpretation – that the home occupation definitions (and their corresponding requirements and limitations) do not pertain to persons only engaged in the occupation off-site and who do not come to the dwelling unit to engage in the occupation. Employees who report only offsite (such as to a job site) do not impact the land use at the home and therefore should not be counted.
The ordinance recommended by staff for adoption is attached as Attachment A. Attachment A is substantively the same ordinance prepared by staff and recommended by the Planning Commission for adoption that is attached as Attachment B. However, Attachment A was prepared after the Planning Commission meeting because staff determined that the definitions could be more clearly and concisely stated without altering the substance of the ordinance recommended by the Commission.
The proposed ordinance does not change any other substantive requirements, standards or processes for home occupations. Those issues will be addressed in a separate zoning text amendment. A resolution of intent to initiate that amendment will be on the Board’s August 5, 2009 consent agenda.
After conducting a public hearing, staff recommends that the Board adopt the ordinance designated as Attachment A.
A – July 23, 2009 Draft Ordinance
B – July 22, 2009 Draft Ordinance recommended by the Planning Commission
View PC minutes
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