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BOCC Motion <br />35 <br />Following review and discussion, the BOCC voted to send the proposed amendment back to the <br />Planning Board and staff for further review and consideration of their comments concerning setback and <br />screening requirements for accessory structures utilized in a home occupation. Comments received <br />from the Board highlighted their concerns with these standards and included recommendations for <br />possible revisions to the proposed amendment including a complete elimination of existing and <br />proposed screening requirements for accessory structures utilized in a minor and /or major home <br />occupation, a reduction of the proposed setback standard to qualify for a waiver from screening <br />requirements, and a reduction or elimination of the proposed setback standards for accessory structures <br />utilized in a major home occupation. Other comments received from the BOCC recommended reviewing <br />setback and screening requirements based on the proposed use to be conducted in the home <br />occupation. Additionally, the BOCC recommended the Planning Board to review and discuss potential <br />impacts resulting from the operation of trade uses in a residential district and to create standards <br />addressing these impacts. <br />Planning Staff Response <br />Based on the initial goal of creating a reasonable balance between supporting home based businesses <br />and protecting the character and enjoyment of residential neighborhoods, planning staff supports the <br />existing and proposed standards contained within the amendment, as approved by the Planning Board <br />in January. These standards mitigate negative impacts that may result from the expansion of accessory <br />structures utilized in a home occupation and the permitting of more intensive uses operating in a <br />residential district with an approved home occupation permit. The majority of residential districts are <br />intended for primarily residential uses. Due to the purpose of these districts, it is imperative to provide <br />standards that assist in protecting the majority, residential uses, from the minority, nonresidential uses <br />including home based businesses, within residential districts. Historically throughout the nation, home <br />occupations have been intended to be minor aspects of a residential parcel, not full -blown commercial <br />enterprises situated in residential areas. If adopted, the amendments as proposed in February, would be <br />among the most lenient home occupations standards planning staff has seen and would permit much <br />more intensive home occupations than any of the nearby jurisdictions (Chapel Hill, Carrboro, Durham <br />County, and Chatham County). <br />Planning staff believes the BOCC's suggested modifications to existing and proposed standards could <br />result in significant negative impacts to neighboring residential uses. Due to the secondary, <br />nonresidential use that is being conducted, accessory structures utilized in a home occupation require <br />necessary standards to mitigate /reduce negative impacts when compared to accessory structures that <br />are utilized for strictly residential purposes. Reducing or eliminating setback standards or eliminating <br />screening requirements can increase noise, light, odor, and visual impacts from the accessory structure <br />to adjacent residential properties and negatively alter the primary and intended use of the residential <br />zoning district. Eliminating or reducing these standards could create a conflict of uses and disharmony in <br />a residential zoning district and would not allow for an equal balance between expanding home based <br />businesses while protecting the character and enjoyment of residential neighborhood. <br />Planning staff understand that some residential uses can produce noise, traffic, and other impacts, <br />depending upon the family living in the residence (e.g. children may make noise, dogs may bark, <br />teenagers may have many friends over at one time, and people may host parties). However, these types <br />of impacts have historically been considered residential in nature. When a home based business <br />potentially causes impacts, the impacts are no longer considered "usual and customary" to a residence <br />9 <br />