More work to be done on work at home law
Posted on Wednesday, August 27, 2008
GENTRY ó The draft copy of a proposed ordinance regulating home occupations was returned to the city attorney for additional changes after Thursdayís meeting of the planning and zoning commission.
ì I see it as a two-step process, î said city attorney Jay Williams, explaining that some home-based businessí conditional-use permits could be approved administratively if they fall within certain categories, but that others would need to be brought before the planning and zoning commission for consideration before permits are issued and licenses are granted.
The proposed ordinance would require a conditional-use permit to carry on an occupation in a residential structure in a residentially-zoned area of the city, but it also outlines home occupations which would be permissible in residentiallyzoned areas. Such home occupations are defined as occupations ìintended to be clean, quiet, non-obtrusive activities operating on a limited basis, which are incidental to the residential character of the residential zone. î
Examples of such permissible occupations include: ì Dressmaking, sewing, tailoring; painting, sculpturing, writing or similar artistic endeavors; telephone answering services; tutoring (no more than two students at a time ); music instruction (no more than two students at a time ); computer programming; architectural or engineering services (client meetings generally to be held off premises ); marketing personal care or home care products with no stock in trade on the premises; and similar home-based business occupations as approved by the planning commission which are consistent with the intent of the zoning code. î
Prohibited by the proposed ordinance regulating home occupations would be employing others not living at the residence to work there, using equipment which creates a disturbance (such as noise, odor, dust or electrical interference ) to the residential neighborhood, excessive parking or traffic coming and going, and storing of goods or equipment outside the residence.
A new draft ordinance will be brought back to the September meeting of the commission for review before a recommendation will be made to the city council on the matter.
The new draft may expand the list of permissible home occupations to include others mentioned by residents attending the meeting and addressing the commission with questions and comments. It will also likely make it possible for some conditional-use permits to be administratively approved without being first brought before the planning and zoning commission, though all are expected to be subject to review by the commission.
The commission also reviewed similar ordinances of other Arkansas municipalities. One item mentioned for possible inclusion in Gentryís new ordinance is an exception for hobbies even if items are occasionally sold on or off the premises.
The purpose of the proposed change is to do away with the unfixed location exception in the current code which has been abused by some and to make all business license applications in residentially-zoned areas require a conditional-use permit which is subject to the approval and / or review of the planning and zoning commission.
The commission hopes to be able to put a stop to the abuses and preserve the residential character of residentiallyzoned areas.
If the city doesnít restrict commercial activity in residentially zoned districts, there is no purpose in zoning, said commission member David Nelson.
ì Weíre not trying to get into anyoneís home and tell them what they can and canít do, î said commission member Mike Parks. ì Weíre trying to protect people living in residential areas from having businesses next door to them. î
The commission hopes to have an ordinance ready to recommend to the city council in time for it to be passed and take effect Jan. 1, 2009.
The next meeting of the Gentry Planning and Zoning Commission is at 7 p. m., Thursday, Sept. 18, at city hall.
FEEDBACK:
Something to say about this topic? Submit a Letter to the Editor online