Home occupations in residential districts continue to be a topic of interest in Buena Vista.
Planning Commission members reviewed proposed text amendments to the city’s zoning ordinance regulating home occupations and citizens offered their input during a public hearing last Wednesday, Nov. 12.
The Commission was lacking a quorum, with only four of nine members present, so no action could be taken on any agenda items. City staff is to continue refining the proposed draft of zoning text amendments that will be presented at the Commission’s next meeting on Dec. 9.
The subject of home occupations got City Council’s attention a little over a year ago when residents of the Racy Acres residential subdivision complained about a business that was operating out of one of their neighbor’s houses. They raised concerns about traffic associated with the business, expressing the view that the business activity detracted from the residential character of the neighborhood.
City staff met with the business owner and the neighbors to try to iron out their differences. Staff also began a process to review the city’s regulations related to home occupations, leading to the formulation of a draft of proposed text amendments that were brought before the Planning Commission last week.
The draft presented states that home occupations “shall not introduce to a property or neighborhood noise, dust, odors, glare, vibrations, or other hazards or nuisances that are detrimental to surrounding properties or exceed conditions typical of a residential neighborhood.”
In attempting to limit the amount of traffic associated with a home occupation, a proposal included in the draft would limit the number of customers at any given time to two and allow no more than 12 customers over the course of a day. This proposal drew some pushback at last week’s meeting.
Sheena Herring, the proprietor of the home occupation in Racy Acres that drew the ire of her neighbors, said the 2-12 customer limit would prove problematical for her business. She said she holds online auctions for products that her customers tend to pick up on Fridays, which are days when she also hosts social gatherings unrelated to her business.
City Council member Ron Cash said he felt the 2-12 customer limit was probably overly restrictive. “We have to set parameters,” he acknowledged, but the restrictions selected “need careful consideration.”
Tom Roberts, the city’s director of community development whose job it is to enforce zoning regulations, admitted the proposed restrictions warrant further review.
Johnna Gittemeier, a Racy Acres resident for 23 years, said the neighborhood had previously been “lovely, quiet.” She said she believes the business in question is out of compliance with the city’s home occupation regulations and that the activity associated with it is adversely affecting property values.
Susan Beverly, who operates a baking home occupation, Sweet Confections, out of her house on Hazel Avenue, said the 2-12 customer limit “would hurt” her business. She said she has a long driveway and a big yard so that customers are generally out of sight of her neighbors.
Another issue raised was whether the revised rules should allow automotive repair and/ or towing businesses as home occupations. It was suggested that a towing business would be exempt because of nighttime emergencies when a tow truck is summoned to the scene of an accident.
The proposed regulations would allow individual residences to hold up to four yard sales annually.
Proprietors of home occupations are required to get both a home occupation permit and a business license from the city. There are presently around 140 home occupations in Buena Vista that have permit
