AGENDA FOR THE MEETING
OF THE
OAKLAND MUNICIPAL PLANNING COMMISSION
December 2, 2014
7:00 PM
I.
Call to Order and Determination of a Quorum
II.
Approval of the Agenda Items
III.
Approval of the Minutes
IV.
Old Business
A.
V.
Site Development Plan for Murphy Express
New Business
A.
Extension of Riverwood Gardens, Preliminary Plat, Phases 2-15
B.
Extension of Fairway Villages 1-4
C.
Discussion of Home Occupations
VI.
Other Properly Presented Business
VII.
Staff Activity Report/Member Reports
VIII.
Adjournment
Planning Commission Agenda December 2, 2014
1
Christopher Pate, Town Planner
Town of Oakland Building Department
PO Box 56
75 Clay Street
Oakland, Tennessee 38060
Phone: (901) 465-3108
Email:christopherpate@hotmail.com
MEMORANDUM
TO:
Oakland Planning Commission
FROM:
Christopher Pate, Town Planner
DATE:
November 18, 2014
SUBJECT:
REPORT ON AGENDA ITEMS
OLD BUSINESS
A.
SITE DEVELOPMENT PLAN FOR MURPHY EXPRESS (Cover Sheet 11-14-14)
Prior Recommendation (See also Background and Analysis last month)
The following issues are resolved prior to approval:
-Confirm the height of the pylon sign is at least 10 feet above finished grade (16A on
Sheet C-1 (See also Sign review by Code Compliance). Variances would be handled
subsequent to site plan review by Board of Zoning Appeals, if applicable.
-Correct Flood Insurance Rate Map (date?) note on Cover Page
Dedication of a formal Easement along 10-inch clay sewer main unless there is an
existing easement recorded;
-Stamp or Seal copy of S-1 by Surveyor listed;
-Review of Drainage Plan as confirmed by Town Engineer;
-Confirm that ramp, apron, or grade of parking lot from HC parking into store is within
acceptable limits;
Planning Commission Agenda December 2, 2014
2
-Confirm that the buffer between the residential properties, especially the existing
subdivision, would be as tight as is practical to mitigate headlights (Landscape
Architect Sheet C-10, if applicable);
-Review of the Site plan for Fire Truck Access by Fire Chief;
-Bond, surety, or installation of improvements ;
-Comments of Town Engineer and Public Works related to Sewer, Water, Fire
hydrants, drains, Parking lot standards, Drainage, etc.
-Confirm the driveway on Highway 64 has been approved by the Tennessee
Department of Transportation (TDOT). There are possible traffic -light-related
easement issues which may arise based on TDOT review or Murphy Oil title
exceptions.
Response to Town Planner comments (see actual Letter)
Planninq Department Comments dated October 22. 2014
1
The pylon sign has been revised to show 1 0' to bottom of the sign and the
sign face is less than the required 125 sf for each face of the sign meeting
code (revised rendering enclosed). Murphy will request a variance for the
building and canopy signage.
2.
The correct date for the Flood Insurance Rate Map has been revised on the
Cover sheet.
3.
The Site Plan has been revised to show a 20' wide Utilities Easement as the
title search did not find a recorded easement. We will submit a Utilities
Easement agreement with a legal description and Exhibit for recording.
4.
The Survey S-1 has been signed and sealed by the Surveyor
5.
The Drainage Plan has been revised per the Town Engineers comments
6.
The building first floor elevation is at grade and the HC ramp, apron and
grade from the parking space to the store meets ADA requirements
7.
The Landscape Plan C-10 has been revised to increase the landscape buffer
along the Residential Zone to the North and partially to the East beyond the
required 71 buffer. ln addition the landscape material has been intensified to
minimize headlights through the buffer.
Planning Commission Agenda December 2, 2014
3
8.
The Truck Route Plan C-9 shows the truck route of a WB-50 tanker truck
ingress and egress for the site. A fire hydrant is proposed at the Southeast
corner of the site
9.
All site improvements to be installed prior to CO of building
10.
Responses to comments from the Town Engineer and Public Works are
below
11.
TDOT Permit approved October 29, 2014. Copy forwarded to Town of
Oakland on November 7, 2014
The proposed use still complies with the parking standards. The issues previously
identified by the Town Planner have been addressed. The Murphy Plan additions
conform to the Zoning Ordinance (or are related to construction.)
DECEMBER 2014 RECOMMENDATION
The following items need to be resolved prior to approval:
-Agreement regarding the change in Traffic signal easement;
-Subsequent Review of Reports, oil separator, or other issues identified by Public
Works or the Town Engineer
Planning Commission Agenda December 2, 2014
4
NEW BUSINESS
A.
EXTENSION OF RIVERWOOD GARDENS, PRELIMINARY PLAT, PHASES 2-15
Background
The references to Bowers Road in the October minutes were apparently approved
with contingencies. (See application reference to Bowers Road)
February 2014 Planning Commission minutes as follows:
B.
Extension of Riverwood Gardens Phase 2-Phase 15, Preliminary Plat
A motion was made to discuss the plat by J. Smalley, seconded by Ellen
Wadley. The Town Planner explained that a Preliminary Plat will expire
unless a Construction Plat is submitted within six months. The Town Planner
asked about the status of the Letter of Map Revision from FEMA. The
applicants explained that the LOMR is still pending. The Town Planner
explained about A zones on flood maps identifying areas that flood during a
1% annual flood or “100 year flood.”
The Town Planner reminded the Planning Commission that the construction
of Bowers Road from Highway 64 up to the subdivision was approved as a
four-lane as per Dr. Lipinski’s study with a 10 inch base. This standard is
being discussed with the Town. Dr. Lipinski was mentioned as preparing a
revised study. The Mayor clarified that there had been discussions about
cost of the road improvements would be reviewed as a two lane and the
costs shared with development of adjacent properties since the August
Planning Commission meeting. Chickasaw Ridge Drive was mentioned as a
cautionary example.
Mr. Swink confirmed that the floodplain information was refined to identify
the floodway of Black Ankle Creek. The approval of the Letter of Map
Amendment by FEMA was expected to be obtained before approval of the
Final Plat.
The Planning Commission reiterated that surety would be required for
sidewalks in areas without house lots such as ditch crossings and common
areas. The Town Planner explained that surety would be reviewed by
Construction Plat.
Mr. Swink confirmed that sewer rerouting as per the Town Engineer
comments would be followed on the subsequent Construction Plats and
Final Plats.
Planning Commission Agenda December 2, 2014
5
The Planning Commission extended the approval with previous conditions as
well as moving the pumping station, sewer easement, and Final Flood Base
Flood Elevation.
Prompted by Mr. Swink’s question about a “four-lane,” the Town Planner
explained that modifications to the roads could be revisited during the
Construction Plat stage to provide direction for the developer. The
development contract will have to be approved as a condition of the
Construction Plat.
E. Wadley made the motion, seconded by (corrected), and approved
unanimously.
AUGUST 2013 PLANNING COMMISSION MINUTES:
The Town Planner provided the following background:
A 468-lot subdivision has been proposed for 244.31 acres west of the
recorded Village of Riverwoods Subdivision, north of Bowers Roads and north
of the Oaklands Subdivision. The Town Planner explained that this area is
the first in the Town of Oakland to be developed in the federally-identified
flood hazard area on the Flood Insurance Rate Map. The applicant has
submitted a request to FEMA for a letter of map revision (LOMR). The Town
Planner outlined the concerns that prompt a recommendation for
disapproval.
Base flood elevations and floodways depicted on the face of the plat
- Submission Of A Street Profile And Cross-Section For Bowers Road With
Curb And Gutters From Highway 64 To The Edge Of This Subdivision Near
Proposed Lot 140, WHICH CONFORM TO THE 80 FEET WIDE ROAD AS
ADOPT ON THE MAJOR ROAD PLAN AMENDMENT PREPARED BY DR.
LIPINSKI;
The Preliminary Plat should depict Floodplain, Floodway, with elevations
along with reference to the Flood Study, (which should be recorded with the
Final Subdivision Plat as well);
-staff has serious concerns about the lack of existing connectivity of this
subdivision to actual rather than planned streets especially given the
floodplain. What is the elevation of the proposed streets (especially the
proposed Arterial), which cross the special flood hazard areas?
-Sizes and dimensions On Common Open Space, Parks, Retention/Detention
Areas, Parks, Parking Lots, Walking Trails
Planning Commission Agenda December 2, 2014
6
-DEDICATION OF COMMON OPEN SPACE, PARKS, DETENTION AREAS,
PARKS, PARKING LOTS, MEDIANS, WALKING TRAILS, TO THE
HOMEOWNERS; LABEL PRIVATE (
-Confirm that the Montague Family Partnership property (outside the
Corporate Limits) will be accessible as the Phases proceed concerning
Bowers and Riverdale Drive Extended in Phase 5?;
Sidewalks- The staff planner recommends against deferment due to the
piecemeal nature of single houses in the middle of the block and potential
for uneven locations of the sidewalks due to differences in lot purchases,
construction, and contractors. There will also be breaks in the lot frontages
as the street cross the Special Flood Hazard areas;
-Inclusion of and Review of proposed 7.5 feet easements and 15 feet
easements in the notes and on the face of the subdivision;
-Identification where the Proposed Streets will have medians and
accompanying lane width (such as intersection of Proposed Drive 1 and
Bowers extended, Oak Hollow/Bowers Extended; Proposed Drive 5/Bowers
Extended and Proposed Drive 13/Bowers Extended) on sheets 2 and
following);
-Review By City Engineer and Public Works For Comparison With Sewer And
Water Master Plan And Proposed Plan and -Compliance with Major Road
Plan as adopted prepared by Dr. Lipinski (width, number of Lanes and
improvements?) Check corner Radii at intersection of Proposed Streets and
Bowers Road Extended Arterial?
-Language so that the walking trails and COS do not become “reserve strips”
that hamper future utility/ drainage easements and connections (especially
between Lots 323/324;Lot 516/517; Lot 551/552; 356/357; 551/552;
424/425; Lots 409/312, 408/313, 407/314, 392/321 in Phases 7 and
10; 278/391);
The Town Planner has noticed one possible clarification concerning
sidewalks. The Town Planner has concerns about the deferment is not
related to the sections of the subdivision with lot frontage but those sections
crossing Black Ankle Creek and ditches, where there will be no house
contractor to build the sidewalk. The Town Planner has noticed this
happened in Riverwoods north of the Oaklands where the street crosses an
existing drainage ditch.
There are two sidewalks that stop at the property lines of course. The
solution is that this developer pay for these sections crossing Black Ankle
Planning Commission Agenda December 2, 2014
7
Creek and ditches in a surety or escroll as provided in the Subdivision
Regulations.
Ms. Wadley had the following concerns about the Subdivision Regulations for
Preliminary Plats prepared by professionals. The Town Planner explained
that stamps would be required prior to Final approval.
The existing utilities are not shown on the Preliminary. Mr. Swink responded
that non-municipalities would wait until the Planning Commission approves.
Mr. Swink said that three flood studies had been prepared on Black Ankle
Creek including the Bush study, the Town’s study near Northwoods
Subdivision by Will Sawtelle, and the application from this development to
FEMA, Mr. Porter. Mr. Swink explained that this development is the location
that limits of the study performed by FEMA on the official FIRM. The
floodway and floodplain were explained. The retention would not alleviate
the problems. Mr. Swink discussed the restriction on Wirt Road.
The Town Planner explained that Oakland requires a - step process including
Preliminary, Construction, and Final subdivision plats. If the Planning
Commission wants they may require stamp data at any stage in the process.
Ms. Wadley had concerns relating to the minimum width of 80 feet wide for
building lines pertaining to scale. Mr. Swink confirmed that the scale was or
would be corrected. Mr. Swink stated that 80 feet would be depicted on the
face of lots on cul-de-sac..
Detention and retention basins are engineered and the depth is determined
at that phase. Mr. Swink explained the drainage.
The Town Planner explained that the Bowers cross-sections show less road
base than required. Reserve strips and their use were explained and that the
utilities would have a blanket clause allowing access along walking trails.
The Town Planner recommended sidewalks since the original subdivision has
sidewalks. Deed restrictions were discussed. The Town Planner explained
that the deed restrictions are private. The Planning Commission can ask
developers for the information.
Phasing and connectivity were discussed. The Chairman recommended
sidewalks should be required but deferment is permitted and public works
were conditions.
A motion was made by Ms. Wadley to approve the Preliminary Plat
contingent upon construction of Bowers Road from Highway 64 with at least
a 10 inch base, continuation of sidewalks along vacant areas without lot
Planning Commission Agenda December 2, 2014
8
frontage, 80 feet minimum building width, and Engineering/Public Works
approval, A second was made by Mr. Green. The action was approved.
(Note of Administration and for possible subsequent reviews)
The project has been forwarded to the Federal Emergency Management
Agency for approval of a Letter of Map Revision (LOMR). This LOMR will
identify the Base Flood Elevations for the proposed subdivision. The
floodways are also identified so as to maintain the width of the 100-year
floodplain and not increase the height of the flood waters of such flood. The
Town Planner was very recently provided some of the paperwork and awaits a
full duplicate package to be submitted by the engineer to FEMA. The Town
engineer reviewed FEMA’s comments from July.
The Town Planner will anticipate the next steps following the initial Letter of
Map Revision so the Planning Commission will know what to expect. The
construction plat approval of Riverwood Gardens will still require a no rise
review of the bridges or culverts crossing the Creek. Oakland will have to
keep this paperwork for FEMA. This is a flood study demonstrating that
there is NO rise in the flood levels (the 1 foot in the regulations means across
the entire watershed).
For the proposed lots in fill areas, a LOMR-F (based on fill) would have to be
reviewed and approved by FEMA so that financing would not trigger a
mandatory purchase requirement for mortgages of the elevated lots in the
new subdivision.
B.
EXTENSION OF FAIRWAY VILLAGES 1-4
JUNE 2014 PLANNING COMMISSION MINUTES AS FOLLOWS:
The Town Planner outlined that the Preliminary Plat will expire without
extension or approval of a Construction Plat and a Final Plat within a year.
Mr. Harris explained that these concerns have been addressed. The sewer
would not be stubbed. The adjoining property is outside of the Town. The
dead spots where house builders will not construct homes will have
sidewalks.
The Town Planner explained that lot widths were addressed and that the
Final Plat should have the adjoining property owners dedicate the areas of
off-site improvements. Ms. Wadley made a motion to extend the Preliminary
Plat approval. This motion was seconded by the Mayor and approved by the
members present.
Planning Commission Agenda December 2, 2014
9
DECEMBER 2013 PLANNING COMMISSION MINUTES AS FOLLOWS:
The Town Planner provided background and recommends that the following
issues be resolved:
-Topography on Sheet 1
-Existing right-of-way on Wirt Road (Dedication of 32 feet along Lots 1, 2, and
3 for future use, if needed.)
-Label “Proposed Wirt Road” extended?
-Written Comments from the Fayette Public works concerning Wirt Road;
-Was 20 feet wide access easement approved by the County (Fayette County
Planning Commission Subdivision Plat reference, if platted and approved)
Subsequent Subdivision Plats should require the signatures of all property
owners (possibly cell companies to abandon the access easement and use
dedicated Street? (See Lots 42 and 43).
-Confirm ACREAGE OF DRAINAGE Instrument No. 070034;
-proposed access easement to the actual drainage easement from Proposed
street between Lot 41 and Lot 43, Phase 1 (around or between the existing
cellular towers) will involve the signature of the owner/owners of the 22.12
acres on the Final Plat) ;
-Is this drainage sufficient for number of Lots proposed and possible
development of the adjacent 22 acres? (methodology for single family lots,
assume accessory structures, patios, swimming pools especially on smaller
lots?
-Functionality of lots with less than 60 feet along the rear property line
including Lots 38, 69 through 71, 116, 117, 168, 173, 141, and any others;
-7.5 feet and 15 feet utility easement as required by the Subdivision
Regulations;
-Fire truck (and school buses?) negotiating medians and cul-de-sacs and
possibly roundabouts around Lot 55 and 84
-WHAT IS DEDICATED TO THE PUBLIC AND WHAT IS “PRIVATE”?
-Drainage facilities and services
Planning Commission Agenda December 2, 2014
10
-Review By City Engineer For Comparison With Sewer And Water Master Plan
And Proposed Plan
-utility and City Engineer review;
-How Do The Future Easements Of These Lots Align With Riverwoods
Subdivision?
-Re-delineate Phasing to move Construction traffic through proposed street
Phase One, Three, Four and Two so as to keep such construction traffic out
of Fairway Hills 1, Sections A and B and minimize traffic on Proposed Wirt
extended;
-recommend construction plans of sidewalks, crosswalks, locations/widths,
guardrails (Americans with Disability Act,);
Alderman Morris asked about connection to another subdivision. Mr. Morris
asked in the Bartlett easement (in Riverwood) would allow for connection.
The Town Planner confirmed that the deferral would be passed to the
homebuilder. The Town Planner explained that those areas of Common
space or other areas without road frontage should be built by the subdivision
developer. Ms. Noblin commented that pedestrian and children playing
would necessitate a pedestrian system of sidewalks.
Mr. Harris requested that the sidewalks be required as a perimeter walk way
on one-side of the street. Alderman Morris stated that Mr. Swink mentioned
“antique light” posts. Mr. Culver explained that open space maintenance
was the responsibility of a professional company. Mr. Harris confirmed that
the Fire chief’s request for more turning radius on the median (at the
intersection of Road 3 and Fairway Hills Drive) would be revised.
Mr. Harris explained that the access to the detention area would be
accomplished by removing a narrow lot on both sides of the detention area
in the middle and combining this lot with adjoining lots widening these lots.
Mr. Culver explained that due to the preliminary nature of the subdivision
drainage had not been finalized but that lots would be removed in the
northwest corner if necessary. There are three drainage areas (planned)
upstream. Smaller pipes are beneficial for the town related to maintenance
of drainage.
The “change” from easement for the cell tower to public road would be
confirmed later. The applicant asked that the common open space be kept
along Wirt Road for landscaping. Mr. Harris explained that there would be
Planning Commission Agenda December 2, 2014
11
one HOA park area and gazebo. The Town Planner explained that sidewalks
should be extended along this area adjacent to Wirt Road extended.
Ms Smalley asked about the current operation of the cell towers. Mr. Harris
had used the earlier plans as a model. The Town Planner explained that the
original developer had met the setback. The developers intended to use
landscaping rather than a privacy fence for screening. Low intensity lighting
was suggested by one member. Monuments and entrances were discussed.
A motion was made to approve the preliminary plat with stipulations that the
sidewalks would be deferred to the individual homeowner. The action was
approved 4-0.
C.
DISCUSSION OF HOME OCCUPATIONS
Background
Following a request last month, the Planning Commission agreed to review options
for home occupations. The following is the current requirements for home
occupations in the Oakland Municipal Zoning Ordinance :
Definition:
Incidental Home Occupation: A venture for profit which is incidentally conducted in
a dwelling unit as an accessory to the residential use.
R-1 Special Exceptions (same as R-2SF, R-2, R-3, ESF, and other residential districts)
5.1.3.
Uses Permitted on Appeal - Following public notice and hearing and
subject to appropriate conditions and safeguards, the Board of Zoning
Appeals may permit the following uses:
a.
Public uses, including but not limited to Municipal, State or Federal
uses.
b.
Churches and cemeteries.
c.
Private or parochial schools.
d.
Philanthropic or religious institutions other than churches.
e.
Golf courses and country clubs.
Planning Commission Agenda December 2, 2014
12
f.
Incidental Home Occupations as identified in Article VIII Section
8.2.
The following is located in 8.2 in the Oakland Zoning Ordinance:
8.2.
Regulations Governing Home Occupations - The standards set forth below shall be
used by the Board of Zoning Appeals in evaluating an application for a home
occupation. In evaluating an application for home occupation, the Board of Zoning
Appeals must ensure the following: (1) that the public interest has been adequately
protected; (2) that no change in the character of the surrounding neighborhood will
occur as a result of the home occupation; (3) that no excessive noise, heat,
increased traffic and parking and odor or hazard will result from the home
occupation; (4) that the proposed home occupation will not place a strain or burden
on existing public facilities and services, particularly sewer and water service, street
improvements, fire and police protection; (5) that the home occupation cannot be
located in a more appropriate zoning district as a use permitted by right thereby
ensuring protection to similar uses located in other appropriate districts.
8.2.1. Performance Standards - Home occupations are permitted as an incidental
and subordinate use in specified residential districts when the applicant
submits to the Board of Zoning Appeals satisfactory evidence of compliance
with all of the following conditions:
a.
Employees - A home occupation shall be conducted solely by the
resident occupants in their residence;
b.
Incidental and Subordinate Uses - The applicant must clearly
demonstrate to the Board of Zoning Appeals that the home occupation
is incidental and subordinate to its use for residential purposes. To
ensure the incidental and subordinate character, the home occupation
shall be limited to fifteen (15) percent of the total area of the first floor
of the residence in R-1, but no more than three hundred (300) square
feet per dwelling unit.
c.
Appearance - In no way shall the appearance of the structure be
altered or the occupations within the residence be conducted in a
manner which would cause the premises to differ from its residential
character either by the use of colors, materials, construction, lighting,
signs, or the emission of sounds, noises or vibrations.
d.
Accessory Buildings - No building or space outside the principle
building shall be used for home occupation purposes.
Planning Commission Agenda December 2, 2014
13
e.
Traffic - The additional parking generated by the home occupation
shall take place on the site and the use may increase vehicular traffic
flow and parking by no more than one (1) additional vehicle at a time.
The occupation shall not involve the use of commercial vehicles for
delivery of materials to or from the premises.
f.
Nuisance Controls - Home occupations shall not generate traffic,
parking noise, vibrations, glare, fumes, odors, or electrical interference
beyond what normally occurs in the applicable zoning district.
g.
Utilities - The public utility cost (water, sewer, electricity, solid waste
collection, etc.) incurred in the operation of the home occupation shall
not exceed what is normal to the use of the property for residential
purposes.
h.
Signs - only one sign shall be allowed. It may indicate the name of the
occupant and/or the name of the home occupation. It shall not
exceed one (1) square foot in area, shall be non-illuminated and
attached flat to the main structure or visible through a window.
8.2.2. Permitted Home Occupations - Home occupations include, but are not
necessarily limited to the following provided all of the conditions and
standards as set forth herein can be met by the applicant, and subject to the
approval of the Board of Zoning Appeals.
a.
b.
c.
d.
e.
f.
Artist and Sculptors
Authors, Composers and Musicians
Dressmakers, seamstress and tailors
Home crafts, such as model making, rug weaving lapidary work
Office facility of a rabbi, minister, or priest
Office facility of a salesperson, sales representative or manufactures
representative provided that no retail or wholesale transactions are
made on the premises
8.2.3. Home Occupations Specifically Prohibited - The following are business
activities that are specifically prohibited as home occupations.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Antique shop
Barber Shop
Beauty Shop
Funeral Chapel or Funeral Home
Medical or Dental Clinic or Hospital
Renting of trailers
Restaurant
Stable or kennel
Tourist home
Veterinary clinic or hospital
Planning Commission Agenda December 2, 2014
14
k.
Gun sales or repair
8.2.4. Business License and Certificate of Occupancy - If the special use permit for a
home occupation is approved by the Board of Zoning Appeals, that applicant
shall secure a license to operate the home occupation from the Office of City
Clerk. Prior to the issuance of a Certificate of Occupancy, the Building
Inspector will insure that the proper business license has been issued for the
home occupation and that all requirements of the character and code or
ordinance of the City of Oakland are complied with prior to the start of actual
operations. The business license and certificate of occupancy shall be
renewed annually to insure compliance with applicable municipal codes as
well as laws of the State of Tennessee.
Analysis
The typical home occupation is not as strict as the Oakland provisions in the area of
permitting particular home occupations. The Town Planner characterizes such uses
as “a phone and filing cabinet” business. A home occupation is not a hoppy such as
woodworking or cabinet making that resulting in an occasional sale but a business.
As stated last month, such uses may be handled as Uses Permitted such as Fayette
County or Dyersburg. The criteria and proposed use are handled administratively.
Most communities handle such uses as a “Special Exception,” A special exception is
a question reviewed by the Board of Zoning Appeals during a public hearing. The
Board of Zoning Appeals is generally given the most discretion in zoning
administration to review specific criteria, specific applications, and impose
conditions on the proposal to mitigate the impact on the adjoining properties.
The following are examples of Home Occupations from other communities:
Fayette County (R-4 and R-5):
1.6 “Home Occupation” – A low intensity enterprise customarily conducted at
home, such as custom dressmaking, millinery, tailoring, and fabric sewing;
beauty salons and barber shops; offices in which no goods, wares or
merchandise are sold; and daycare of not more than four (4) children; provided
that the following limitations shall apply to all home occupations:
a. the enterprise shall be conducted entirely within the dwelling unit (except
daycare); and
b. the enterprise shall be conducted only by a person residing in the dwelling
unit; and
Planning Commission Agenda December 2, 2014
15
c. the enterprise shall not utilize more than thirty percent (30%) of the total floor
area of the dwelling unit; and
d. the enterprise shall not display more than one (1) sign on the lot where the
enterprise is located and the sign shall not be larger than one (1) square foot.
Millington (Permitted Use)
(53) "Incidental home occupation." A venture for profit which is incidentally
conducted in a dwelling unit as an accessary to the residential use provided that:
the venture is conducted in the principal building; all persons engaged in the
venture are residents of the dwelling unit; no more than twenty (20) percent of the
total ground floor area is used for the venture and no evidence of the venture is
visible from any public way. Incidental home occupations shall include: arts and
crafts; dressmaking and sewing; individual instruction of music or art; individual
tutoring; professional services where clients are served one at a time and distributor
type sales of merchandise such as Amway or Avon in which clients generally do not
come to the residence.
Bartlett (Permitted Use)
Section 2 - Home Occupation
Home occupation means an occupation conducted in a dwelling unit, provided
that:
A. No person other than members of the Family residing on the premises shall be
engaged in such occupation.
B. The use of the dwelling unit for the home occupation shall be clearly incidental
and subordinate to its use for residential purposes by its occupants, and not more
than ten (10) percent of the floor area of the dwelling unit shall be used in the
conduct of the home occupation.
C. There shall be no change in the outside appearance of the building or premises,
or other visible evidence of the conduct of such home occupation.
D. No home occupation shall be conducted in any accessory building.
E. There shall be no sales in connection with such home occupation.
F. No traffic shall be generated by such home occupation in greater volumes than
would normally be expected in residential neighborhoods, and any need for parking
Planning Commission Agenda December 2, 2014
16
generated by the conduct of such home occupation shall be met in rear and side
yards.
G. No equipment or process shall be used in such home occupation which creates
noise, vibration, glare, fumes, odors, or electrical interference detectable to the
normal senses off the lot, if the occupation is conducted in a single family
residence, or outside the dwelling unit, if conducted in other than a single family
residence. In the case of electrical interference, no equipment or process shall be
used which creates visual or audible interference in any radio or television receivers
off the premises, or causes fluctuations in line voltage off the premises.
H. Any occupation that requires a license shall be deemed a home occupation.
Union City
3.
Home Occupations may be permitted by the Board of Zoning Appeals.
Before an appeal may be heard, the Building Inspector shall make a
determination that the home occupation will meet the following
conditions:
(a)
be operated entirely within a dwelling unit and not in an accessory
structure;
(b)
be operated only by the person or persons residing within the
dwelling unit;
(c)
utilize not more than fifteen (15) percent of the net floor area in the
dwelling unit.
The Board of Zoning Appeals shall determine the criteria for permitting
home occupations subject to the foregoing conditions and Section 11-802
E. of the Zoning Ordinance, and the criteria shall be set forth in the
application requesting the exception. The criteria shall be designed to
enable the Board to determine whether the occupation will generally
preserve the character and integrity of the zone and to enable the Board to
place such restrictions upon the permittee as may be consistent with that
objective. If the permittee fails to operate the home occupation, as stated
in his answers to the application, as amended by the restrictions stated in
the permit, the exception may be revoked and the applicant shall be guilty
of a misdemeanor.
Planning Commission Agenda December 2, 2014
17
La Grange
4.
Customary incidental home occupations provided that no building permit or
certificate of occupancy for such use shall be issued without the written
approval of the Board of Zoning Appeals and subject to such conditions as the
Board of Zoning Appeals may require in order to preserve and protect the
character of the neighborhood in which the proposed use is located; and
provided further that:
a.
the proposed use shall be located and conducted in the principal
building only. Business activities and meetings shall be conduct offsite only. Such home occupations are intended to be limited to the use
of telephones, filing cabinets, and computers.
b.
the principal and employees engaged in the proposed use shall be
residents of the dwelling unit in which the proposed use is located;
c.
not more than twenty-five (25) percent of the total floor area in
dwelling unit shall be devoted to the proposed use;
d.
the proposed use shall not constitute primary or incidental storage
facilities for a business, industrial, or agricultural activity conducted
elsewhere;
e.
no activity, materials, goods, or equipment indicative of the proposed
use shall be visible from any public way;
f.
the proposed use shall not be advertised by the display of goods or
signs on the lot on which the proposed use is located;
g.
the proposed use shall not generate noise, odor, fumes, smoke,
vehicular or pedestrian traffic, nor nuisance of any kind which would
tend to depreciate the residential character of the neighborhood in
which the proposed use is located;
h.
the provisions of this section shall not be used under any
circumstances to permit; gift, florist, antique shops or other retail
shops; or medical and health services specifically due to the burdens
of traffic, parking, and utility demands posed by these operations.
Recommendation
There are several options available to the Planning Commission for possible
development of an ordinance to be recommended to the Board of Mayor and
Alderman.
Planning Commission Agenda December 2, 2014
18
The Town Planner recommends that Home Occupations remain as Special
Exceptions with specified criteria along with the repeal of “8.2.2.Permitted Home
Occupations” and the repeal of signage in “8.2.1.Performance Standard” unless
required by State Law, so as to permit home occupations such as computer
commerce and strictly service industries that are performed off-site.
Another option is to allow Home Occupations as Uses Permitted in Residential
districts with different criteria developed.
Planning Commission Agenda December 2, 2014
19