HomeMy WebLinkAbout2014 Ordinance No. 013,.
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ORDINANCE NO. E
SERIES OF 2013/2014
BY AUTHORITY
COUNCIL BILL NO. 60
INTRODUCED BY COUNCIL
MEMBER JEFFERSON
AN ORDINANCE AMENDING TITLE 16, CHAPTERS 5, 4-C(l){a) THROUGH (g); 5-4-C(2)
AND 11-2-B, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO HOME
OCCUPATIONS AND ALLOWING THEM IN THE R-1-A ZONE DISTRICTS.
WHEREAS, the City has the authority to regulate the use of land from the .. Local
Government Land Use Control Enabling Act," C.R.S. 29-20-101 et. seq. and the Englewood
Home Rule Charter, Nopro vs. Town ofCheny Hills Village, 504 P.2d 344 (1972); and
WHEREAS, the City has the authority to regulate home occupations, Christiansen vs. City
Council of City of Golden, 757 P.2d 1121 (1988) and Jones vs. Board of Adjustments, 204 P .2d
560 (1949); and
WHEREAS, the City has adopted ordinances under its police power regulating the use of
signs and creating a comprehensive system of sign standards to provide a balance between the
right of businesses to identify themselves, the protection of the uses permitted and compatibility
with the surrounding area; and
WHEREAS, there are additional limitations on home occupations in the R-1-A zone district in
order to protect the special character and exclusivity of the R-1-A zone district; and
WHEREAS, restrictions on commercial speech are constitutional per Central Hudson Gas and
Electric vs. P.S.C., 447 U.S. 557 (1980); and Board of Trustees vs. Fox, 492 U.S. 469 (1989),
including prohibiting signs entirely; and
WHEREAS, the Planning and Zoning Commission found window signs for home occupations
should be prohibited in R-1-A zone districts to protect the special character and exclusivity of the
R-1-A zone district; and
WHEREAS, the Planning and Zoning Commission added to the list of prohibited uses; food
preparation, manufacture of alcohol, and landscaping industries because these would:
• be more likely to have impacts on the surrounding area
• likely have too much impact on residential neighborhoods, and change the character of
the area;
• have impacts that are more akin to commercial and industrial zones, that people don't
want to see in residential zones.
WHEREAS, the City Council finds the .. Cottage Food Act" 25-4-1614 C.R.S . and the
Nuisance Code provide sufficient safeguards against odors, and other impacts; and
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WHEREAS, the Planning and Zoning Commission recommended removing the limitation of
only one ( 1) home occupation per dwelling unit because there may be several members of a
household each operating a business; and
WHEREAS, City Council has decided that registration of a home occupations is not necessary
for the enforcement of this Ordinance; and
WHEREAS, City Council found that the current 300 square foot limit on a home occupation
was too restrictive; and
WHEREAS, enforcement has been identified as problematic by the Police Department and
the Prosecutor due to a lack of distinction between a home office and a home occupation; and
WHEREAS, the Planning and Zoning Commission felt further defining a home office and a
home occupation was unnecessary; and
WHEREAS, the Planning and Zoning Commission recommended deleting the word
"incidental" in favor of the word "secondary'' in the introductory paragraph because the structure
is still primarily a residence; and
WHEREAS, on second reading City Council modified the ordinance to remove the restriction
of office use bringing R-1-A into alignment with all other zoning districts and further allowed
storage in accessory structures, allowed an employee that is not a resident of the principal
dwelling, and modified customer visits and deliveries.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil.., OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 5, Section 4, Subsection(C)(l)(a) entitled "Home Occupation" of the
Englewood Municipal Code 2000, to read as follows:
[EDITORS NOTE: 16-5-4(A) and (B) contain no change and are therefore not included here]
16-5-4-C: Accessory Uses Permitted. Table 16-5-1.1 includes accessory uses and shows in which
zoning district a specific accessory use is permitted. If an accessory use is not listed in Table 16-
5-1.1, but satisfies all the general standards set forth in subsection 16-5-4.B EMC, the City
Manager or designee may allow its establishment according to the procedures and criteria in
Section 16-5-1 .B EMC, "Unlisted Uses." In addition, all unlisted accessory uses shall be subject
to compliance with the general, dimensional, and operational standards set forth in this Section
16-5-4EMC.
1. Home Occupation. Occupations ea5temafi½' iBeideatal which are sec ond ary to the
principal use as a residence may be allowed when conducted in the same dwelling,
provided the following standards are met:
a. Districts Allowed. Home occupations are allowed in the following districts: Ed,;;
~ R-1-B, R-1-C, R-2-A, and R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C, M-1,
M-2, MO-2, and TSA. Oel;• ene (1) aeme eeel:lt)~ien ssaU be fleFHHtted fler
dtw•eUing l:l:llit. Home occupations may be permitted accessory to principal
residential uses located in nonresidential districts ( e.g., in a manufactured home
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park located in an industrial district, in a PUD that allows residential uses, or in
any residential dwelling unit otheQYise approved by the City) provided the home
occupations comp]~ with all requirements of residential district home
occupations herein.
Additional Restrictions in the R-J-A District;
!Al Within the R-I-A District, the following additional restrictions shall
apply to Home Occupations.
ill Commercial delivery services shall only be allowed between the
hours of 7:00 a.m. and 9:00 p.m.
£ill Only one O l customer shall be allowed to visit at a time.
£iiil No exterior signage shall be allowed in the R-I-A District,
Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 5, Section 4, Subsections(C)(l)(b) through (g) entitled "Home Occupation" of
the Englewood Municipal Code 2000, to read as follows:
b. Where Allowed on Site. The home occupation shall be operated entirely within
the dwelling unit and only by the person or persons maintaining a dwelling unit
therein. The home occupation shall not have a separate outside entrance. The
home occupation shall not be conducted in a detached accessory structure. A
detached accessory structure may be used for incidental storage.
~ RegiatFtlHBf'I. A!l heme eeeupaffe85 shall register 'Hite the City.
c. Sales.
(1) On the Premises. The sale on the premises of items that have been made,
grown, or prepared on the premises shall be permitted. The sale on the
premises of any item that has not been made, grown, or prepared on the
premises shall be prohibited.
(2) Off the Premises. Sales off the premises of such items as personal or
household goods such as those products offered by Avon, Amway, Fuller
Brush, Watkins, etc., shall be permitted.
d. Operational Requirements.
(1) No more than one assistants or employees that are is not I residents of the
principal dwelling unit shall ee ~ elBf)le;iee iR ~ the heme eeeupatiea
residence/dwelling unit.
(2) The hours and manner of such uses and the Baise-impacts created thereby
shall not interfere with the peace, quiet, or dignity of the neighborhood and
adjoining properties which creates a nuisance under Title 15 of this Code .
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(3) Incidental storage shall be allowed for items made on the premises and/or
sold off the premises consistent with this Section. All storage shall he
indoors, including an materials, equipment, inventory and supplies.
( 4) The home occupation, including storage of materials, equipment,
inventory, and/or supplies, shall not utilize more than tmee eSfeEI (3QQ)
s(tuBFe feet fifty percent (50%} of indoor space of the dwelling unit:
provided, however, that this does not apply to permitted home care
accessory uses.
(5) The use ef eleeme meteFS shall he limiteEI i:e p0•1;er, ·willi a tetal lifflitatiea
ef ene aaEI ene half (I~~) BOFSBflOVrer, &fia no single YBit e·.ier three feurths
(~') hersepo·wer. Only one exterior sign, up to a maximum of one O}
square foot in are a. shall be allow ed. The sj gn shall be; affixed toJhe
building, and shall be unlighted and unanimated. A Sign Pennit shall be
required.
W No window displays shall be aJlowed and no sample commodities shall be
displayed outside the dwelling.
f. Prohibited Uses. In no event shall any home occupation include the following
business or commercial activities (except for the admjnjstrafo;e orsJerical
func_tionuelate.dJo....the.se businesses, such as bookeeping, marketing, and
customer ph one calls):
(1) Animal hospital or kennel, animal daycare, breeders, except licensed
canine and feline breeders.
(2) Asphalt paving business.
(3) Barbers, hairdressers, cosmetologists, beauticians or any activity involving
the skin, hair or nails.
( 4) Body, mechanical repair, or modification of motor vehicles.
(5) The sale, storage, manufacture, or assembly of guns, knives or other
weapons or ammunition.
(6) Dump trucks.
(7) Restaurants.
(8) Towing business.
(9) Processes involving the dispensing, use, or recycling of hazardous or
flammable substances and materials.
(10) Automotive vehicles sales requiring a state dealer's license.
(11) Medical Marijuana Centers.
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(12) Medical Marijuana-Infused Products manufacturers.
(13) Medical Marijuana Optional Premises Cultivation Operation.
~ Manufacture of wine. distiiled spirits. or malt beverages.
£Ul Landscaping supplies. installation. maintenance or repair.
Section 3. The City Council of the City of Englewood, Colorado hereby makes no
amendments to Title 16, Chapter 5, Section 4, Subsection(C)(2) entitled "Parking Area" through
Subsection 0(2) of the Englewood Municipal Code 2000, to read as follows:
2. Parking Area.
a. Parking Area, (R-2-B District Only). When an R-2-B district abuts or is adjacent
to a MU-B-2 district, the parking area must be screened from the residential
portion of the lot by a six foot (6') opaque fence. Side yard fences must also be
provided to screen adjacent property. These fences shall also be six feet (6') in
height except that, within ten feet (10') of the rear property line, the fences
cannot exceed thirty inches (3011
) in height or be less than fifty percent (50%)
open.
(1) The parking area shall not have a grass surface.
(2) Parking stops or other devices allowing snowfall maintenance must be
placed in the parking area to prevent damage to the fence by vehicles.
(3) Provisions must be made for the collection of trash as per City ordinance.
(4) The minimum width of the parking area shall be fifty feet (50').
b. Parking Area, Surface (TSA District Only). Surface parking areas,
noncommercial and accessory to a principal use, are allowed subject to the
following additional conditions:
( 1) General. Such surface parking area shall be maintained as long as the
principal permitted use is maintained, or until alternative parking is provided
for such principal use.
(2) Location.
(a) An accessory surface parking area may be located within six hundred
feet ( 600') of the lot containing the principal use, either within the TSA
district or within a zone district that pennits noncommercial parking lots,
subject to a City-approved alternative parking plan and pursuant to the
Station Area Standards and Guidelines, as applicable.
c. Remote Parking Areas. Pursuant to Section 16-6-4 EMC, required parking may
be provided as an accessory use within four hundred feet ( 400') of the principal
use, either within the same district or within a district that permits
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noncommercial parking lots. Such parking lots must be maintained as long as the
principal permitted use is maintained, or alternate parking provided. Approval of •
an alternative parking plan is required (administrative process), pursuant to
Section 16-6-4.D EMC. Such lots shall be paved, shall require a building permit,
and shall be subject to the landscaping requirements of Section 16-6-7.M EMC.
3. Satellite Dish Antenna.
a. Small Satellite Dish Antennas. Satellite dish antennas of one (1) meter or less in
diameter are pennitted accessory uses in all residential and nonresidential zoning
districts. Such dishes shall not be located within the public right-of-way.
b. Large Satellite Dish Antennas.
(1) Satellite dish antennas measuring one (I) meter or more are permitted
accessory uses in all zoning districts. Any roof-mounted dishes shall submit
an engineer's certificate to the City. Such dishes shall not be located within
the public right-of-way.
(2) As applied only to large satellite dish antennas accessory to a principal
residential use, to the maximum extent feasible, but only where there is no
substantial impairment to acceptable signal quality, such antennas shall:
(a) Be located in the rear yard of the residential use; and
(b) Be screened from view from adjacent public rights-of-way; and
( c) Be of a color hannonious with their surroundings. There shall be no
advertising in words or pictures, other than the manufacturer's name in
small letters.
4. Service Unit or Facility. Service units or facilities shall be allowed as accessory uses
in the MU-R-3-B district. Such uses include, but are not limited to, barber or beauty
shops, gift shops, coffee shops, and dining facilities for the convenience of the
tenants. Such uses shall comply with underlying zone district requirements,
including the dimensional requirements set forth in Section 16-6-1 EMC.
5. Swimming Pool. Swimming pools are allowed as accessory uses in all districts. See
Title 8 EMC.
6 . Wholesale Sales and Distribution. Wholesale sales and distribution shall be allowed
as an accessory use in MU-B-1 and MU-B-2 districts provided the principal use
maintains an active retail license and is open to the public for retail trade.
D. Prohibited Accessory Uses.
1. Prohibited in All Zoning Districts. The following activities shall not be regarded as
accessory to a principal use on any site and are prohibited in all zoning districts:
a. Use of Travel Trailer or Recreational Vehicle (RV) as a Residence. The use of a
travel trailer as a residence, pennanent or temporary, with the exception of a trailer
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approved as a temporary use for security under Section 16-5-5 EMC, shall be
prohibited in all zoning districts.
b. Use of Motor Vehicle or Trailer for Sales, Service, Storage, or Other Business. The
use of any motor vehicle, trailer, mini-mobile storage container, or shipping
container as a structure in which. out of which, or from which any goods are sold or
stored, any services performed, or other businesses conducted, shall be prohibited in
all zoning districts. However, this subsection shall not prohibit the following:
(1) The sale of goods or merchandise at a City-approved or sponsored event; or
(2) Use of a motor vehicle, trailer, or shipping or storage container in connection
with an approved recycling operation; or
(3) Use of a trailer or shipping or storage container in conjunction with
construction authorized by a valid building pennit; or
( 4) Use of a trailer, shipping, or storage container for the temporary loading and
unloading of goods, provided that no individual trailer or container is in place
longer than forty-eight ( 48) hours.
2. Prohibited in Residential Zoning Districts. The following activities shall not be regarded
as accessory to a residential principal use and are prohibited in all residential (R)
districts:
a . Automotive Repair. Automotive repair, including engine, body, or other repair or
repainting of more than one (1) vehicle at any one time owned by a person not
residing at that address, regardless of whether compensation was paid for the service.
b. Outdoor Storage of Inoperative Vehicles. The outdoor storage of inoperable vehicles
shall comply with Title 15 EMC.
c. Parking of Commercial Vehicles.
(1) No commercial vehicle shall be stored on public property or in the public right-
of-way.
[EDITORS NOTE: Parking on private property issues were passed by initiative Ballot Question
2D on November 1, 2011 and can only be revised, repealed, or amended by electoral vote.
(Englewood Home Rule Charter Article VI, Section 48.]
Section 4. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 11, Section 2, Subsection B, entitled "Definition of Words, Terms, and
Phrases" of the Englewood Municipal Code 2000, to read as follows:
Home Occupation: Any use conducted entirely within a dwelling and carried on by the
occupants thereof, which is clearly incidental and secondary to the primary use of the dwelling
for dwelling purposes and does not change the character thereof. Such uses must meet all
conditions and requirements for the particular zone in which such use is located .
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[EDITORS NOTE: The remaining definitions contain no changes and are therefore not
included here]
Section 3. Safety Clauses. The City Council hereby finds, detennines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further detennines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances.
Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 6. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 7. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Introduced on first reading on the 18th day of November, 2013 and tabled.
Introduced, read in full, amended and passed as amended on first reading on the 21st day of
January, 2014.
Published by Title as amended a Bill for an Ordinance in the City's official newspaper on the 24th
day of January, 2014.
Published as amended a Bill for an Ordinance on the City's official website beginning on the 22nd
day of January, 2014 for thirty (30) days.
A Public Hearing was held on the 3rd day of February, 2014 and was continued until February
18th, 2014.
The continued Public Hearing was held on the 18th day of February, 2014.
Read by title, amended and passed as amended on the 3rd day of March, 2014.
Published by Title as an amended Bill for an Ordinance in the City's official newspaper on
the 7th day of March, 2014.
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• Published as an amended Bill for an Ordinance on the City's official website beginning on the 5th
day of March, 2014 for thirty (30) days.
Read by title as amended and passed as amended on final reading on the 17th day of March,
2014.
Published by title as amended in the City's official newspaper as Ordinance No./~, Series of
2014, on the 21st day of March, 2014.
Published by title as amended on the City's official website beginning on the 19th day of
March, 2014 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage .
. Penn, Mayor
• I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is i ~e copy of the Ordinance passed on final reading and published by
title as Ordinance No. ..:::>. Series of 2014.
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• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
January 21, 2014 11 a i An Ordinance Adopting Amendments to Title 16
Concerning Home Occupations
Initiated By: Staff Source:
Community Development Department Chris Neubecker, Senior Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On May 20, 2013 Council directed staff to research this topic and discuss possible changes to the Home
Occupation regulations with Planning and Zoning Commission. The request was to consider allowing
Home Occupations in the R-1-A zone district, while developing criteria to protect the exclusivity and
character of the R-1-A zone.
PREVIOUS PLANNING COMMISSION ACTION
• The Planning and Zoning Commission conducted a public hearing on October 8, 2013 to consider the
proposed amendments to Title 16: Unified Development Code amending regulations concerning Horne
Occupations. Two members of the public were present, and one member testified. Following discussion,
the Commission voted in favor of forwarding to City Council proposed amendments to Chapter 5: Use
Regulations, as presented in the attached Bill for an Ordinance.
RECOMMENDED ACTION
The Community Development Department recommends adoption of a Bill for an Ordinance authorizing
amendments to Title 16: Unified Development Code regarding Home Occupations on First Reading, and
setting February 3, 2014 as the date for a Public Hearing to consider testimony on the proposed
amendments.
Attached is a memo from the City Attorney on options for the Council to consider for changes to the
ordinance.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In May 2013, the City Council raised concerns about limitations of the current Home Occupations policy,
which currently prohibits Home Occupations in the R-1-A zone district. The Council asked staff and the
Planning and Zoning Commission to research this issue as it pertains to R-1-A, in order to allow uses that do
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not impact the neighborhood, such as bookkeeping, internet based businesses, consulting services, and
similar uses which do not require clients coming to the home.
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The Planning and Zoning Commission reviewed the proposed changes on June 4, July 3, and August 8,
2013. On October 8, 2013 the Commission held a public hearing and recommended that City Council •
approve an ordinance to amend the Home Occupations regulations. The proposed changes would allow
Home Occupations in the R-1-A zone district, as well as any other district or PUD where residential uses are
approved.
Some of the key elements of this proposal include:
• Home Occupations would be allowed in R-1 ·A zone districts.
• Exterior signage, window displays and outdoor merchandise would be prohibited in R-1-A zone
districts. This is to protect the special character and exclusivity of the R-1-A zone district
• Home Occupations would be allowed in accessory structures, such as garages. The intent of this
change is to promote free enterprise, and to allow for the potential for new businesses that start in a
garage, such as Apple, Hewlett-Packard, Google, and Disney.
• Limitations on use of electric motors would be removed from the regulations. Noise and other
impacts to neighbors would be addressed by referring to Title 15 dealing with nuisances.
• New prohibited uses would include food preparation, manufacture of alcohol, and landscaping
industries.
• Additional language is proposed to clarify that the administrative or clerical functions of businesses
would be allowed for home occupations that are otherwise prohibited. (Example: Bookkeeping and
office functions of a landscaping business would be allowed).
• Removing the limitation of only one (1} home occupation per dwelling unit. The Commission
wanted to allow multiple businesses in one residence, since there may be several members of a
household each operating a business.
Other changes are proposed to clarify these regulations, include the following:
• Deleting the word "incidental" in favor of the word "secondary" in the introductory paragraph. This
was done since "incidental" implies something that happens merely by chance or without intention.
However, starting a new business deserves extensive thought and planning, and is usually not
incidental.
• Add "food preparation" to restaurants as a prohibited business type.
• Prohibit manufacture of wine, distilled spirits and malt beverages.
• Require that all materials used in the home occupation shall be stored indoors.
• Require that home occupations register with the City prior to start of operations. Otherwise,
registration may not happen in a timely manner.
ANALYSIS
Home based businesses are a growing trend around the world. Modern telecommunications now allow
people to work from almost any location for many industries. Advances in e-commerce, based primarily
around the internet, allow individuals to run businesses from their homes with virtually no impact to
surrounding residential uses. Prices for desktop and laptop computers continue to fall while becoming more
powerful tools and providing faster connections to potentially billions of customers around the globe.
Parcel delivery services also allow businesses to send and receive packages to customers and clients with
the same efficiency as traditional offices.
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However, some types of Home Occupations still have the potential to cause disturbance, noise, odors and
safety impacts to nearby residents. Some industries have more potential impact on public health, or require
greater space (such as vehicle and equipment storage).
Some of the issues that the Planning and Zoning Commission discussed include the parking of commercial
vehicles at Home Occupations, and the number of potential customers that might come to a private
residence. Proposals to prohibit parking of commercial vehicles in the R-1-A zone were removed due to
conflicts with a citizen ballot initiative (20) approved in 2011. Also, prohibitions on customers and clients
coming to a Home Occupation in the R-1-A zone district were removed from earlier drafts, as this was seen
as vital to operating a business for some industries.
Staff notes that after this topic was reviewed by the Planning Commission, we received an inquiry from a
local resident about a possible food preparation business, based on the Colorado Cottage Food Act of
2012. This state law allows preparation of certain foods at private residences with sales directly to the
consumer. The law limits the types of foods that may be prepared in private homes to those that are
"nonpotentially hazardous and do not require refrigeration". Allowed foods include spices, teas, dehydrated
produce, nuts, seeds, honey, jams, jellies, preserves, fruit butter, baked goods and candies. Since this state
law was not discussed by the Planning Commission, and since the prohibition of food preparation was
suggested by staff to include food preparation other than restaurants, we would like the Council to decide if
this prohibition on food preparation should be removed.
FINANCIAL IMPACT
There is no direct impact to the City as a result of this ordinance. Over the past 10 years, approximately
• 720 Home Occupations have registered with the City. It is unclear how many of these businesses are still in
operation, or how many of these people still live in the City. Indirectly, it is anticipated that this ordinance
will have a positive financial impact on the community by encouraging existing entrepreneurs to open
businesses at home, encouraging new home buyers to locate in the City, and preventing "leakage" of sales
tax dollars when home based businesses owners shop locally.
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LIST OF ATTACHMENTS
Planning and Zoning Commission Staff Report -October 8, 2013
Planning and Zoning Commission Minutes -October 8, 2013
Planning and Zoning Commission Findings of Fact -Case No. 2013-04
City Attorney Memo on Options and Motions for Changing the Ordinance
Bill for an Ordinance
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TO:
THRU:
FROM:
DATE:
SUBJECT:
M EMORAN D U M
Planning & Zoning Commission
Alan White, Community Development Director
Chris Neubecker, Senior Planner
October 8, 2013
Case 2013-04 -Public Hearing
Home Occupations
Recommendation:
The Community Development Department requests that the Planning and Zoning
Commission review, take public testimony, and forward to City Council a recommendation
for adoption proposed amendments to the Unified Development Code of the Englewood
Municipal Code Title 16, Chapter 5, Use Regulations, relating to Home Occupations .
Background:
On August 6, 2013, the Planning and Zoning Commission reviewed a proposal to modify
the existing policy on Home Occupations (EMC 16-5-4 C 1 ). This review was in response to
City Council concerns about existing restrictions that prohibit home occupations in the R-1-
A district, which is the residential district with the largest single family lots in the city. The
Planning and Zoning Commission supported most of the proposed changes, but raised
concerns about some of the proposed restrictions on commercial vehicles in light of the
Citizen Referendum 2D, codified as Ordinance 1, Series 2011/2012.
Some Commissioners also raised concerns about prohibiting customers, clients and vendors
from visiting a home occupation, although the majority supported this restriction.
Analysis:
Home Occupations are currently allowed as an Accessory Use in the following zoning
districts: R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, and MU-R-3-B. Staff believes that home
occupations could also be allowed in the R-1-A district (and any other district where
residential uses are allowed) with certain restrictions to protect the residential character of
neighborhoods. These proposed restrictions include:
All zoning districts:
• Require materials and equipment used in the home occupation to be stored indoors.
• Allow only one sign per residence, up to one square foot
1000 Englewood Parkway Englewood, Colorado 80110 PHONE 303-762-2342 FAX 303 783-6895
www.englewoodgov.org
R-1-A zoning district:
• Prohibit customers, sales and display of goods in the R-1-A district
• Prohibit exterior business signs in the R-1-A district
Commercial Vehicles:
At the last meeting on this topic, some Commissioners raised concerns about prohibiting
parking of commercial vehicles at home occupations in the R-1-A zone district. This idea
was proposed to preserve the residential character and exclusivity in the R-1-A districts.
However, enforcement of this rule may be a challenge. While some commercial vehicles
may fit within a garage out of sight from the neighbors, others will be forced to park in a
driveway or on the public street. Also, it may be difficult to distinguish between a
commercial vehicle used in a home occupation from a commercial vehicle on a normal
service call, or a vehicle that an employee takes home from work. Due to these concerns,
and those raised by the Commission about Ballot Question 2D concerning parking vehicles
on private property, the draft language on parking has been removed from the attached
version.
On Site Sales:
The Commission did not reach a consensus on sales of goods or services at a home
occupation in the R-1-A zone district. Some agreed that sales, customers and clients should
be prohibited at home occupations to preserve the residential character. Others felt that •
customers and clients coming to a residential property is a vital part of operating a home
based business. The concern focused on the number of people and cars per day, which
could be significant at times. One example was a tax accountant in March and April, which
could generate many daily visits during the busiest times of the tax season.
Staff does not believe that customer traffic will be significant in most cases . Also, we believe
that most of the potential impacts of home occupations are addressed by limiting uses,
prohibiting exterior signs and display of merchandise, and prohibiting employees not
residing at the property.
Recommendation
Staff believes that the proposed draft code changes capture the intent and consensus of the
Commission from the meeting of August 6. We believe that these changes help support
new business development but will also help protect community character in the R-1-A
districts.
A motion to recommend approval of the ordinance to City Council is needed.
Next Steps
We hope to develop a consensus of the Planning and Zoning Commission at this hearing. If
the Planning & Zoning Commission recommends approval, we intend to move forward with
first reading of an ordinance by City Council.
Attachments:
Amendments to Title 16 pertaining to Home Occupations •
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
REGULAR MEETING
October 8, 2013
Minutes and audio are available at:
http://www.englewoodgov.org/1 ndex .aspx?page=152
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I. CALL TO ORDER
The regular meeting of the City Planning and Zoning Commission was called to order
at 7:00 p.m. in the City Council Chambers the Englewood Civic Center, Chair Brick
presiding.
Present: Bleile, Townley Knoth, Roth, Welker, Kinton, Freemire (alternate), Brick
Absent: King ( excused), Fish ( excused)
Staff: Alan White, Director of Community Development
Chris Neubecker, Senior Planner
Nancy Reid, Assistant City Attorney
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II. APPROVAL OF MINUTES
September 17, 2013
Knoth moved:
Roth seconded : TO APPROVE THE September 17, 2013 MINUTES
Chair Brick asked if there were any modifications or corrections.
AYES: Bleile, Knoth, Roth, Kinton, Brick
NAYS: none
ABSTAIN : Townley, Welker
ABSENT: King, Fish
Motion carried.
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Ill. STUDY SESSION
Case #2013-04 Home Occupations
Chair Brick and Mr. Knoth stated for the record that they live in the R1A Zone District
but that it will not affect their objectivity.
►
Motion to Open Public Hearing
Roth moved:
Welker seconded to open Public Hearing for Case #2013-04 Home Occupations
AYES: Bleile, Townley, Knoth, Roth, Welker, Kinton, Brick
NAYS: none
ABSTAIN: none
ABSENT: King, Fish
Chris Neubecker, Senior Planner, was sworn in. Proof of Publication was provided
for Public Hearing.
Mr. Neubecker gave a summary of the need for the proposed changes, which were to
allow home occupations in R-1-A zones, but to limit potential negative impacts.
Some of the issues that have not yet been agreed upon by the Commission include
commercial vehicles and on-site sales. As proposed, no customers, vendors or
clients would be allowed at home occupations in R-1-A. Also , no exterior signs would
be allowed in R-1-A.
►
Doug Cohn, 3051 S South Marion, was sworn in.
Motion to Close Public Hearing
Knoth moved;
Townley second
AYES: Bleile, Townley, Knoth, Roth, Welker, Kinton, Brick
NAYS: none
ABSTAIN: none
ABSENT: King, Fish
► •
•
Motion: Case #2013-04 Home Occupations Favorable recommendation of the
request as written in the staff report.
Welker moved
Knoth seconded
Discussion
►
Mr. Welker made the following friendly amendment. Mr. Knoth accepted.
Section 1 e. (1) shall read:
"No assistants or employees that are not residents of the principal dwelling unit shall
work at the residence."
Ms. Reid advised that staff will refi~e the wording of Section 1 e. (1) if necessary.
Vote on original motion with friendly amendment
AYES: Bleile, Townley, Knoth, Welker, Kinton
NAYS: Brick, Roth
ABSTAIN: none
ABSENT: King, Fish
Motion passes 5-2
Mr. Welker moved to delete section 1 h. (1)
Mr. Knoth seconded
"No customers, vendors, or clients shall be allowed at the site of the home occupation
in the R-1-A district."
Discussion
►
AYES: Bleile, Townley, Knoth, Welker, Kinton, Roth
NAYS: Brick
ABSTAIN: None
ABSENT: King, Fish
6-1 vote passes.
►
IV. PUBLIC FORUM
Dr. Robert Farris was sworn in. He came in after the public hearing and wanted to
ask questions about entertaining clients at his home. Mr. Neubecker provided a
business card and suggested he contact staff since the public hearing was closed on
Home Occupations.
►
V. ATTORNEYS CHOICE
None
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VI. STAFFS CHOICE
►
Mr. Neubecker stated that he is still pursuing an area to study and commission
field trip with regard to pedestrian activity on main thoroughfares.
VII. COMMISSIONERS CHOICE
The meeting adjourned at 8:00 p.m.
Julie Bailey, Recording Secretary
•
•
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MATTER OF CASE #2013-04,
FINDINGS OF FACT, CONCLUSIONS
AND RECOMMENDATIONS RELATING
TO THE UNIFIED DEVELOPMENT CODE
HOME OCCUPATIONS
INITIATED BY:
Community Development Department
1000 Englewood Parkway
Englewood, CO 80110
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FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING COMMISSION
Commission Members Present: Bleile, Brick, King, Knoth, Roth, Fish, Welker, Townley,
Kinton
Commission Members Absent: None
This matter was heard before the City Planning and Zoning Commission on October 8,
2013 in the City Council Chambers of the Englewood Civic Center.
Testimony was received from staff. The Commission received notice of Public Hearing, the
Staff Report, and a copy of the proposed amendments to Title 16 Unified Development
Code which were incorporated into and made a part of the record of the Public Hearing.
After considering the statements of the witness and reviewing the pertinent documents, the
members of the City Planning and Zoning Commission made the following Findings and
Conclusions.
FINDINGS OF FACT
1. THAT the City Council heard concerns from citizens relating to current limitations
on home occupations in the R-1-A zone district.
2. THAT the City Council directed staff and the Planning Commission to research
current limitations in the Unified Development Code concerning home occupations
in the R-1-A zone district
3. THAT the residential character of the R-1-A zone district, which contains the largest
single family lots in the City, should be protected.
Page I of4
4. THAT on October 8, 2013 the Public Hearing on the Unified Development Code
(UDC) Home Occupations was brought before the Planning Commission by the
Department of Community Development, a department of the City of Englewood.
5. THAT notice of the Public Hearing was on the City of Englewood website from
September 17, 2013 through October 8, 2013. Notice was published in the
Englewood Herald September 27, 2013.
6. THAT the Staff Report was made part of the record.
7. THAT Home Occupations are currently allowed as an Accessory Use in the
following zoning districts: R-1-B, R-1-C, R-2A, R-28, MU-R-3-A and MU-R-3-B.
8. THAT staff believes home occupations should also be allowed in the R-1-A district
(and any other district where residential uses are allowed) with certain restrictions to
protect the residential character of neighbor hoods.
9 . THAT Planning and Zoning Commission determined that no assistants or employees
of the business who are not a resident of the home shall perform work at the
resi d ence.
10. THAT Planning and Zoning Commission determined exterior signage for the home -
occupation should be prohibited in the R-1-A district.
CONCLUSIONS
1. THAT on October 8, 2013 a Public Hearing on the Unified Development Code
Home Occupations Amendment was brought before the Planning Commission by
t he Department of Community Development, a department of the City of
Englewood.
2. THAT notice of the Public Hearing was on the City of Englewood website from
September 17, 2013 through October 8, 2013 and was published in the Englewood
Herald September 27, 2013 .
3 . THAT the zoning amendments will enhance business opportunities in the City.
4. THAT the zoning change conforms to Roadmap Englewood: 2003 Englewoo d
Comprehensive Plan Objective 1-2: Actively engage in attracting new busi nesses to
the City.
5. THAT the previously discussed revised amendments be forwarded to City Council.
Page 2of3
DECISION
THEREFORE, it is the decision of the City Planning and Zoning Commission that Case
#2013-04 Unified Development Code Home Occupations be referred to the City Council
with a favorable recommendation.
This decision was reached upon a vote on a motion made at the meeting of the City
Planning and Zoning Commission on October 8, 2013, by Mr. Welker, seconded by Mr.
Knoth, which motion states:
AYES:
NAYS:
ABSTAIN:
ABSENT:
CASE#2073-04, AMENDMENTS TO TITLE 16: UNIFIED DEVELOPMENT
CODE RELATED TO HOME OCCUPATIONS BE RECOMMENDED FOR
APPROVAL TO C/7Y COUNCIL WITH A FAVORABLE
RECOMMENDATION WITH THE FOLLOWING CONDITIONS:
1. SECTION 1 h. {1) BE REMOVED:
"NO CUSTOMERS, VENDORS, OR CLIENTS SHALL BE
ALLOWED AT THE SITE OF THE HOME OCCUPATION IN THE
R-1-A DISTRICT."
Bleile, Townley, Knoth, Welker, Kinton, Roth
Brick
None
King, Fish
Motion carried.
Welker moved;
Knoth seconded:
AYES:
NAYS:
ABSTAIN:
ABSENT:
FURTHER THAT SECTION 1 E. ( 1) SHALL READ AS FOLLOWS:
"NO ASSISTANTS OR EMPLOYEES THAT ARE NOT RESIDENTS OF THE
PRINCIPAL DWELLING UNIT SHALL WORK AT THE RESIDENCE."
Bleile, Townley, Knoth, Welker, Kinton
Brick, Roth
None
King, Fish
These Findings and Conclusions are effective as of the meeting on October 8, 2013.
Page 3 of4
BY OROER OF THE CITY PLANNING & ZONING COMMISSION •
John Brick, Chair
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• l'age 2 of3
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MEMORANDUM
TO: Mayor Penn
Englewood City Council Members
FROM: Dan Brotzman, City Attorney .,,,
Nancy Reid, Deputy City Attorney
Alan White, Director of Community Development
Chris Neubecker, CD Planner
DATE: January 13, 2014
REGARDING: Language for Council issues pertaining
to Home Occupations -C.B. 60.
R-1-A --------------------------------
ISSUE NO. 1: To limit Home Occupations to office type uses in the R-1-A Zone District.
Motion to add a new Subsection: 16-5-4-C(l)(a)(i) to read:
g i, Additional Restrictions in the R-1-A District;
W Within the R-1-A District the following additional restrictions shall apply
for Home Occupations.
ill Home Occupations in the R-1-A District shall be limited to activities
nonnally conducted in an office. By way of example but not
limitation. this woµJd include the management. marketing, or
accounting for a business; telecommuting <meaning working in the
home using a computer tenninal or video connected by wire or
wireless to a business}; conducting business services or operations
via the internet; or writing.
And adding a Whereas, to read: "Whereas, there are additional limitations on
home occupations in the R-1-A zone district in order to protect the special
character and exclusivity of the R-1-A zone district..,
1
ISSUE NO. 2: To prohibit customers and deliveries in the R-1-A Zone District.
Motion to add a new Subsection: 16-5-4-C(l)(a)(ii) to read:
(ll.W1 No physical customer visits or deliveries relatjng to the Home Occupations
shall be allowed in the R-I -A District,
* NOTE -Enforcement of this provision will be problematic.
ISSUE NO. 3: To prohibit commercial signage in the R-1-A Zone District.
Motion to add a new Subsection: 16-5-4-C(l)(a)(iii} to read:
Cal om No exterior signage shall be allowed in the R-t-A District.
And deleting I 6-5-4(C)(l )(g)
,'\Eleitienal R:eskietieas m the & 1 A Disttiet:
Within the & l A Disttiet, the fellew.ng aeelitieeal restHetiea shall apply fer Heme
OeeupatieBS. '
ft, Ne e~erier sigeage shall be allewee iB the & 1 A Diskiet
All Residential Zones --------------------------
ISSUE NO. 4 Registration.
The Code currently requires registration of Home Occupations in all zone districts. The Planning
and Zoning Commission recommended extending this to R-1-A and requiring registration before
starting operations.
To remove the registration requirement a Motion would read:
Motion to delete Subsection 16-5-4(C)(l)(c) in its entirety.
c. Registration. All home occupations shall register with the City prior to the
start of operations.
And amending the 9th Whereas to add: "However, City Council has decided that registration of a
home occupation is not necessary for the enforcement of this Ordinance."
* NOTE: Staff believes registration allows staff to explain the operational requirements for
home occupations. This ability will be critical for R-1-A home businesses because of the
limitation to strictly office functions.
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ISSUE NO. 5: Use of an Accessory Structure for a home occupation in all zone districts.
The Code currently prohibits the use of an accessory structure for Home Occupations. The
Planning and Zoning Commission recommended allowing the use of accessory structures.
To prohibit the use of accessory structures for a home occupation the Motion would be:
Motion to remove all changes recommended by Planning and Zoning Commission in
16-5-4(C}(l)(b) and 16-11-2 (B) "Definition of Words, Terms, and Phrases".
The subsection will revert to the current language:
b. Where Allowed on Site. The home occupation shall be operated entirely within
the dwelling unit, and only by the person or persons maintaining a dwelling unit
therein. The home occupation shall not have a separate outside entrance. The
home occupation shall not be conducted in a detached accessory structure.
The definition will revert to the current language:
Home Occupation: Any use conducted entirely within a dwelling structure and
carried on by the occupants thereof, which is clearly incidental and secondary to the
primary use of the dwelling for dwelling purposes and does not change the character
thereof. Such uses must meet all conditions and requirements for the particular zone
in which such use is located.
And amending the 6th Whereas to read: "City Council disagrees and wishes to keep home
occupations within the residential use."
ISSUE NO. 6: Square footage limitation.
Currently home occupations are limited to 300 square feet. To change this area to a percentage
of the indoor space the motion would be:
Motion to amend 16-5-4(C)(l)(e)(4) to delete the phrase ''three hundred (300) square feet" and
insert the phrase "fifty percent (50%)".
( 4) The home occupation, including storage of materials, equipment,
inventory, and/or supplies, shall not utilize more than im:ee ffl:ift&fee (3QQ)
sli\lft!'e feet fifty percent <SQ%} of the indoor space of the dwelling unit:
provided, however, that this does not apply to permitted home care
accessory uses.
And adding a new Whereas to read: "City Council found that the current 300 square foot limit
on a home occupation was too restrictive."
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ISSUE NO. 7: Food Preparation.
While staff originally recommended a prohibition on food preparation as a home occupation
because of odor and other concerns, staff now recommends that food preparation on a scale for
home occupation is regulated by the "Cottage Food Act" 25-4-1614 C.R.S. which provides
sufficient safeguards to the neighborhood.
To allow food preparation the Motion would read:
Motion to delete "food preparation" from the Planning and Zoning Commission recommendation
to 16-5-4(C)(l)(t) in the Ordinance Prohibited Uses list of home occupations for all zone
districts.
And adding a new Whereas to read: "Whereas, the City Council finds the "Cottage Food Act"
25-4-1614 C.R.S. and the Nuisance Code provides sufficient safeguards against odors, and other
impacts."
CC: Dugan Comer
Jeff Sanchez, Deputy Chief of Police
Mark McKay, EPD Sergeant
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