File #: ORD-3852    Version: 1
Type: Ordinance Status: Public Hearing
File created: 3/21/2024 In control: City Council
On agenda: 4/16/2024 Final action:
Title: Conduct a public hearing and consider adopting Ordinance No. 3852 amending the Comprehensive Zoning Ordinance related to Home Occupation; and take appropriate action.
Attachments: 1. Information Memorandum, 2. Ordinance No. 3852, 3. Additional Documents, 4. Presentation
Title
Conduct a public hearing and consider adopting Ordinance No. 3852 amending the Comprehensive Zoning Ordinance related to Home Occupation; and take appropriate action.

Body
BACKGROUND:
This "city-initiated" request pertains to a proposed amendment to the Comprehensive Zoning Ordinance ("CZO"), specifically entailing the addition of new special performance standards under Section 2.5 for "Home Occupation." Currently, home occupation is categorized under Section 2 (Use Table) of the CZO and defined within Article 7 of the CZO.

The Code Enforcement Department has deliberated potential violations of the City's Code of Ordinance ("Code") pertaining to home occupations since October 2022. This matter was previously presented to the City Council during study session meetings. Following consultations with the City Attorney's office, it has been determined that the most appropriate approach for addressing and regulating home occupations is incorporating them within the CZO under Chapter 94 instead of the Business Code, Chapter 26.

Moreover, staff provided a briefing to the Planning and Zoning (P&Z) Commission during the February 26, 2024, study session regarding this proposed amendment, seeking any potential feedback. It is important to note that Section 6.3 of the CZO outlines the process for text amendments, including the addition of special performance standards for a particular use. Throughout this process, the P&Z Commission and the City Council will assess the nature of the proposed special performance standards, their compatibility with the current definition of the use, and the City's zoning districts.

FISCAL IMPACT:
No Financial Impact

DISTRICT:
All Districts

RECOMMENDATION:
On March 25, 2024, the P&Z Commission unanimously recommended approval of this ordinance.

POSSIBLE COUNCIL ACTIONS:
1. I move to approve Ordinance No. 3852 as presented.
2. I move to approve Ordinance No. 3852 with modifications.
3. I move to deny Ordinance No. 3852.
4. I move to...

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