Agenda No. 17.
CITY COUNCIL MEMORANDUM
| City Council Meeting: | August 15, 2023 |
| Department: | Planning & Community Development |
| Subject: | Ordinance 23-S-15 - Conduct a public hearing and/or action on amendments to Part III of the Schertz Code of Ordinances, Unified Development Code (UDC) to Article 8, Section 21.8.4 Home Occupation. First Reading (B.James/L.Wood/S.Haas). |
BACKGROUND
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.
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 modifications and additions. On June 28th, 2023, the Planning & Zoning Commission made a recommendation of approval with more minor language modifications. All requested modifications were included in the proposed amendments.
Proposed Amendments:
Staff is proposing the following amendments in relation to UDC Article 8, Section 21.8.4: Home Occupations
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 modifications and additions. On June 28th, 2023, the Planning & Zoning Commission made a recommendation of approval with more minor language modifications. All requested modifications were included in the proposed amendments.
Proposed Amendments:
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. |
| No prohibited use list currently exist. | List of prohibited home occupation uses. |
GOAL
To amend the UDC to review and update the development regulations due to changing conditions and community goals in order to establish and maintain sound, stable and desirable development.
COMMUNITY BENEFIT
It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth.
SUMMARY OF RECOMMENDED ACTION
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. Following the June 28th, 2023, Planning and Zoning Commission meeting, some minor language adjustments were made.
The Planning and Zoning Commission met on June 28, 2023, and recommended approval with a couple minor language modifications, to City Council with a 7-0 vote.
Staff recommends approval of Ordinance 23-S-15, amendments to the Unified Development Code (UDC) as proposed and discussed.
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. Following the June 28th, 2023, Planning and Zoning Commission meeting, some minor language adjustments were made.
The Planning and Zoning Commission met on June 28, 2023, and recommended approval with a couple minor language modifications, to City Council with a 7-0 vote.
Staff recommends approval of Ordinance 23-S-15, amendments to the Unified Development Code (UDC) as proposed and discussed.
RECOMMENDATION
Approval of Ordinance 23-S-15.