Wednesday, July 22, 2015

As if we didn't have enough to be concerned about...manufacturing in a residential neighborhood

It has come to my attention that there is a new group formed in our City called "Lake Worth Artists & Cottage Entrepreneurs." Here is their mission statement:
Here are a list of their goals:
I am still reviewing all of the information that was given to me. From what I can tell, this is an organized attempt to open up single and multifamily zoning districts to a greater range and intensity of what can be considered "home occupations." 

Goal #6 is especially interesting. 

Currently, the city defines home occupations as being the following:
Home occupations: Any regularly pursued activity conducted on a building site which is secondary to the principal use of such premises as a residence, and which produces a reliable and regular livelihood income for the resident so employed. Home occupations are those occupations customarily practiced in the home which have limited client presence on the residential site. Such occupations are incidental and secondary to the principal use of the premises as a residence. Home hobbies where services or products are not sold are not considered home occupations.
The keywords here are "secondary" and "incidental" to the principal use as a residence.

Let me ask these questions for a start (this is very preliminary). These items and others will be examined further in the future:
  • Look at the official future land use and zoning maps for the City and you will see that approximately 80% of the City carries a residential future land use and zoning designation. Is the intent to loosen the standards for home occupations in all residential areas of the City? 
  • We have underutilized land along many commercial corridors, particularly North Dixie Hwy. How will this proposal impact the redevelopment of this designated commercial zone in the City?
  • Does this mean that you could employ people who do not live in your home to work in your business there? 
  • Does this mean that you could employ up to three people, working at the same time, on services or manufacturing products for sale in your home?
  • Does this mean that customers would be encouraged to come to your home to access services or purchase products made in your home? Would this be at the same time that you and your three employees would be working?
  • How would such an operation affect your neighbors? Parking availability on your street?
  • Would there be regular deliveries of materials used for manufacture or production in your home? How would those be accommodated?
  • Would there be regular hours of operation? 
  • Could there be materials or equipment not suited to a residential area that may be used in the operation of your home business?
  • Are there other regulatory agencies and related requirements (accessibility, health, food service inspection, etc.) that would be met?
  • At what point does a home business not become secondary or incidental to the principal residential use of the structure?
  • What were the expectations of you or your neighbors when they bought their single family home? Did they consider this as a possibility? If they did or didn't, would the establishment of these home industries have altered their decision to purchase their property? Would the loosening of these regulations negatively affect residential property values?
  • Will there be standards for the review of these sorts of requests to use a residential structure for other than it was intended? Are there insurance or mortgage consequences for the operator/owner/tenant of these residential properties with expanded home occupations?
  • Are there Comprehensive Plan changes that would be required if such an allowance were made for an expanded array of home occupations?
  • What would the enforcement mechanism be? Code enforcement?
  • What would the review procedure be? Would there be a requirement to notify your neighbors of this sort of request? How far a radius would that be from the subject property? Would they have to consent affirmatively to allow business in their neighborhood/building?
That's only a start. These are the current standards of what is referred to as a "conditional uses" must meet in order to be granted. Would these conditions have to be met prior to issuance of a business tax receipt for this sort of expanded home occupation?

Remember, our zoning regulations are "inclusionary." That means that anything not mentioned is expressly prohibited. Here is the language from the code:
Sec. 23.3-4. - Inclusionary as to permitted use.
The intent of this chapter is that it be "inclusionary." That is, principal uses, accessory uses, and conditional uses specifically stated for each zoning district shall be the only uses permitted. Any use proposed within any given zoning district which is not a stated use or use type within said district is expressly prohibited. Questions of whether a use is of a type listed shall be interpreted by either the planning and zoning board or the historic resources preservation board, but no use variance shall be approved. 
Your comments and concerns are welcomed. I also welcome input from those behind this initiative. Here is my email address.

I am also curious how this will work through the legislative process. All these changes would need to be reviewed by the staff and the two boards that regulate land use in the city.