As stated in the Unified Development Code (UDC), City Council from time to time, on its own motion, or at the recommendation of City staff amend, change, or modify text in any portion of the UDC to establish and maintain stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals, and/or State and Federal regulations.

Background: 
Home Occupations occur frequently in the City of Schertz. Often, these businesses have little to no adverse impact on the surrounding community, yet are not compliant with the current version and regulations of the UDC. In an effort to better serve the citizens of Schertz, and to match the changing nature of work (and by extension at-home work), staff has drafted amendments to Article 8, Section 21.8.4: Home Occupation of the UDC. The amendments were drafted with consideration to the Development Subcommittee's discussions on the subject, and after extensive research was done on other municipalities similar regulations concerning Home Occupations.

On May 24th, 2023, the Planning and Zoning Commission first met to hear these proposed UDC amendments. The Commission decided to table the proposed UDC amendments to make a modifications and additions. 

Staff is proposing the following amendments in relation to UDC Article 8, Section 21.8.4: Home Occupations
 

UDC 21.8.4 Existing vs Proposed Regulations
Existing	Proposed
	Added language permitting home occupations as an accessory use in all residential zoning districts provided they comply with all other restrictions.
The area set aside for home occupations shall not exceed twenty percent (20%) of the total floor area of such residence.	Proposing home occupation not exceed 30% of combined floor area of main and accessory structures and cannot exceed 600 square feet.
Retail sales prohibited	Retail sales permitted if item is produced on premise in conformance with Code.
	Added language clarifying home occupation business must have permanent resident of home involved.
	Added language stating only one home occupation business-related vehicle permitted
Home occupation must be within principle structure	Allowing for additional accessory structure use.
	Added language clarifying that no exterior storage or display may occur.
	Added language clarifying that home occupation is accessory use only.
No permitted use list currently exist	List of permitted home occupation uses.
	Added uses to include health spa, mental health professional, pet grooming
No prohibited use list currently exist	List of prohibited home occupation uses.
	Added language clarifying unlisted uses considered prohibited until further amendments. Outlined appeal process.
	Clarified garage sale subsection

Staff conducted research on eight (8) other municipalities in the region and compared and contrasted each municipalities' regulations concerning Home Occupations with the City of Schertz's current regulations. The amendments that are proposed take into consideration areas in which Schertz is more restrictive, not restrictive enough, or when further nuance/explanation is needed for sections of the code. Also, these amendments were drafted with discussions from the Development Subcommittee in-mind.

The proposed amendments will add clarity on the land uses that are permitted and not permitted as a home occupation which is beneficial for the residents of Schertz who desire doing a home business. Additionally, the increased flexibility in percentage of home area, the use of an accessory structure, and being able to have customers come to the home will be a benefit to residents who are interested in doing a home occupation that previously would not have been permitted. 

Following the May 24th, 2023, Planning and Zoning Commission meeting items were added to the permitted use section, other items had language added-in to further clarify uses or restrictions. Specifically, the Commission wanted counseling, pet grooming, and massage therapist added to the permitted uses. Staff, researched terms and uses, and decided that for counseling the term "mental health professional" to be used, and instead of massage therapist the term "health spa" was to be used. These terms are specific to the intent of the Commission's adjustments while being sufficiently broad enough to encompass related activities under the same occupational field. Also, the garage sale subsection should have further clarity regarding the number of sales allowed. Finally, language was incorporated to highlight the appeal process in the event an applicant does not agree with staff's decision, or if an applicant feels that the proposed use is indeed permitted.  

Therefore, Staff recommends approval of the amendments to the Unified Development Code (UDC) as proposed and discussed

The Planning and Zoning Commission in making a recommendation to City Council on the proposed Unified Development Code Amendment. In considering action on a UDC Amendment, the Commission should consider the criteria within UDC, Section 21.4.7 D. 

1. The proposed amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City;
2. An amendment to the text is consistent with other policies of this UDC and the City;
3. Any proposed amendment is consistent with the goals and objectives of this UDC and the City; and
4. Other criteria which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment.