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• <br /> 35 <br /> BOCC Motion <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 fora 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 /> 5 <br />