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21 X987 <br />BOOK 6 8 o$uC 8 S <br />TO: The Honorable Members of DATE: July 8, 1987 FILE: <br />the Board of County <br />Commissioners <br />DIVISION HEAD CONCURRENCE: <br />SUBJECT: ROSE -4 DISTRICT HOME <br />Robert M. Keating, AICP OCCUPATION STUDY <br />Director, Communi y DetLflopment <br />Division <br />FROM: David C. Nearing ErCM REFERENCES: <br />Staff Planner <br />It is requested that the information presented herein be given <br />formal consideration by the Board of County Commissioners at their <br />regular meeting of July 21, 1987. <br />DESCRIPTION <br />On February 24, 1987, the Board of County Commissioners voted <br />unanimously to approve Ordinance #87-22 which amended the Rose -4 <br />Zoning District. This amendment permitted a broader range of <br />home occupations in the ROSE -4 District than allowed in all other <br />residential districts. The additional occupations permitted under <br />this amendment are as follows: =- <br />a. Metal working and casting; <br />b. Contractor's office and storage of <br />contractor's materials,, tools and equipment; <br />c. Lawn mower and small engine sales, service and <br />repair; <br />d. Service businesses (provided there shall be no <br />more than one sign advertising the same not in <br />excess of four square feet in size). <br />In order to ensure compatibility with the residential nature of <br />the area, the amendment also contained criteria with which a use <br />must comply before a home occupation permit may be issued. All <br />.home occupation uses in the ROSE -4 District must obtain site plan <br />approval and meet the following criteria: <br />(1) The activity is conducted only by members <br />of the family living within the residence; <br />(2) Products are not offered for sale to the <br />general public and from the premises except <br />as herein otherwise provided; <br />(3) Any evidence of the occupation is screened <br />from the street by type A screening; <br />(4) Traffic is not generated in excess of that <br />customary for residential uses; <br />(5) The property has been qualified for (and <br />continues to be qualified) for homestead <br />exemption for ad valorem tax purposes; and <br />(6) All home occupation activities must meet <br />yard setback requirements. <br />Although the Board's approval of the subject ordinance amendment <br />established procedures and set criteria for new home occupation <br />uses in the ROSE -4 district, the Board did not resolve the issue <br />of existing businesses. While the Board indicated its intent to <br />grandfather in those commercial uses established prior to passage <br />of the ordinance amendment, there was uncertainty as to what <br />businesses existed prior to the ordinance amendment date and what <br />legal mechanism could be employed to effect the grandfathering. <br />In_order to address these issues, the Board directed the Planning <br />staff to undertake a study of the ROSE -4 area, identifying all <br />commercial uses, and to develop a procedure to allow <br />grandfathering of existing commercial uses. <br />44 <br />