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HomeMy WebLinkAboutIR 10626 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 21-10626 To the Mayor and Members of the City Council August 10, 2021 Page 1 of 2 i i7 Y SUBJECT: HOME OCCUPATION — PRIVATE PROPERTY r6 rn Yg7'3 The purpose of this report is to provide the City Council with additional information concerning the regulation of home occupations and private property rights. One of the original purposes of zoning is to separate uses that are inconsistent with one another into distinct zoning. The primary challenge in the regulation of home occupations is maintaining the integrity of the residential district while allowing and regulating the customarily accepted non-residential types of activity in an equitable manner. For this reason, it is an accepted zoning practice that a home occupation must satisfy certain criteria in order for the occupation to be permissible. The City of Fort Worth has included regulations related to home occupations in the Zoning Ordinance as early as 1952. The Zoning Ordinance limits single-family homes to residential uses. Other uses are allowed that are customarily associated with residential use, are incidental and subordinate to that residential use, does not alter the exterior of the property or affect the residential character of the building. Zoning restrictions limiting the occupational use of homes recognize that residential districts must be protected from home occupations that are out of character with the neighborhood and are not uses that homeowners expect to be affected by when they purchase a home in a single-family area. One of the original purposes of zoning is to separate uses that are inconsistent with one another into distinct zoning. The development regulations for controlling home occupations set forth in Section 5.116A of the City's Zoning Ordinance minimize annoyance and inconvenience to neighboring property owners within residential districts. The regulations are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of homebased businesses. The regulations most relevant to the consideration of allowing private swimming and water safety lessons as a home occupation include the following: - a requirement that the home occupation be conducted entirely within the principal dwelling unit and attached garage or one accessory building. This regulation could be amended to allow an exception for private swimming and water safety lessons in the rear yard. - No vehicular traffic shall be generated by the home occupation business in greater volumes than would reasonably be expected in the residential neighborhood or create unreasonable parking or traffic congestion for the abutting or adjoining neighbors or for the immediate neighborhood. - No change to the outside appearance of the dwelling unit or lot indicating the use or conduct of a home occupation, including advertising signs or displays. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 21-10626 To the Mayor and Members of the City Council August 10, 2021 Page 2 of 2 i i7 Y SUBJECT: HOME OCCUPATION — PRIVATE PROPERTY r6 rn Yg7'3 - A person who engages in a home occupation may not conduct outdoor activities between the hours of 10.00 p.m. and 7.00 a.m. The hours for private swimming and water safety lessons could be further limited to occur between the hours of 9 a.m. to 8 p.m. In addition to the zoning development regulations, home occupations shall also be subject to any and all other provisions of the City Code, State and/or Federal regulations and laws that govern such uses or that may be generally applicable to the property. With regard to the City Code, the noise regulations in Section 23-8 are applicable to home occupations. The Noise Ordinance provides that for all residential (one- and two-family) zoning districts the maximum decibel level allowed from 7.00 a.m. to 10.00 p.m. is 70 dBA. Any noise in excess of this maximum decibel level during those time is a public nuisance. Decibel levels are measured for a duration of 30 seconds from the property line of the person making the complaint. Alternatively, the Noise Ordinance does not require a decibel level for enforcement of subsection (d) of the ordinance. Subsection (d) states that no person shall make, cause, suffer, allow or permit unreasonable noise in such a manner or with such volume that it disturbs a reasonable person of ordinary sensibilities. The home occupation ordinance could be amended to allow for the use of a pool in the rear yard for private swimming and water safety lessons with additional development standards such as limiting the number of students allowed in attendance, the number of classes per day and the hours allowed for the lessons to minimize any potential annoyance and inconvenience to neighboring property owners. If you have any questions please contact Melinda Ramos at 817-392-7631 . ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS