Exhibit 5

Home-Based Business Limitations

The following proposes to maintain most of the current language for the majority of the
City with some ‘tweaks’ for clarification. Based on comments from some Old Town
residents, a Section 5.03.020.F has been proposed as an additional option that would
require a Special Use Permit in Old Town for businesses that have customers to the
site. Black indicates existing text, red indicates proposed text, gray indicates deleted
text, and teal indicates editor notes. Please keep in mind this reflects each of the
proposals from the group and all options will be presented to P&Z and Council and they
will make the final decisions.

Option 4 is a new proposal received on November 15, 2010, and those edits are shown
in blue text. For that option there is a companion changed needed to Chapter 3 to add
a new Home-Based Business Permit (Section 3.23), which is located at the end of this
section for your review.
5.03.020.E. Home Occupation-Based Business
Home Occupations–Based Businesses are permitted in accordance with Table 5.02.010 and
subject to the following standards and limitations below.
1. General
a. A Home Occupation–Based Business is that accessory use of a dwelling premise that
shall constitute all or some portion of the livelihood of a person or persons living in
the dwelling.
b. The Home Occupation-Based Business shall be clearly incidental to the residential
use of the dwelling and shall not change the essential residential character of the
dwelling or neighborhood or adversely affect the uses permitted in the District of
which it is a part.
c. Land uses that are addressed individually in the Use Chart of this Chapter are not
considered a home-based business for purposes of this Section. Examples of those
uses are: Group Homes, Family Day Cares, Bed and Breakfast and Garage Sales.
2. Home Occupation -Based Business Types
Home Occupations-Based Businesses are permitted subject to the occupation business
meeting the following provisions. These provisions are applicable to on-site activities
related to the Home-Based Business and are intended to be considered in relation to the
broad operation of the business.
a. The home-based business shall be conducted entirely within a dwelling or accessory
structure, or integral part thereof, and have no outside storage of any kind related to
the home occupation business;
b. The home-based business shall be clearly incidental and secondary to the principal
primary use of the dwelling premise;
c. The home-based business shall be conducted only by persons residing on the
premises (nonresident employees are not permitted);

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d. The home-based business shall Does not affect the residential character of the
dwelling or accessory structures nor cause the dwelling or accessory structures to be
extended;

Option 1 e. One non-illuminated identification sign is permitted provided the sign is mounted
(existing): flat on the exterior wall of the dwelling and has an area no greater than two (2)
square feet;
Option 2: e. No signage shall be allowed in connection with the Home-Based Business;

f. Deliveries by commercial vehicle occur only between are limited to the hours of 8
a.m. and to 6 p.m.; however, deliveries by a regular carrier such as USPS, UPS, and
FedEx may be delivered during their typical hours;
g. The home-based business shall create no disturbing or offensive noise, vibration,
smoke, dust, odor, heat, glare, unhealthy or unsightly condition, traffic, or parking
problem;

Option 1 h. The home occupation based business shall not result in the off-street or on-street
(existing): parking of more than two (2) vehicles at any one time not owned by members of the
occupant family;
Option 2: h. Any on-street parking utilized by the business shall only be allowed along the
property line of the home-based business residence and as allowed by current City
code;
Option 3: h. On-street parking utilized by the business shall only be allowed along the property
line of the home-based business residence and as allowed by current City code. Off-
street parking is limited to existing paved areas and the business shall not result in
the increase of on-site parking areas;

Option 1
(existing): i. The home-based business shall involve no on-site retail sales or services;
Option 2: i. The home-based business shall involve no on-site retail sales or services. However, if
the activity is kept at a small scale (meaning generally one or two people conducting
the business or meeting with clients) and the business remains compliant with the
limitations of this Chapter, the following shall not be considered services:
(1) individual academic, music, dance, photography, art, hobby or similar instruction
or studio,
(2) seamstress or tailor,
(3) barber or beauty salon (one (1) chair),
(4) financial/investment counseling, accounting, bookkeeping, real estate office, or
similar office,
(5) individual massage, natural therapy or similar services,

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(6) counseling in an office setting, and
(7) other similar low impact uses as determined by the Director;
j. The home-based business shall not have a retail store-front. Retail sales are limited
to:
(1) incidental sales of merchandise related to a service provided by the home-based
business,
(2) direct sales product distribution (Amway, Tupperware, Avon, etc.),
(3) sales via phone, internet or mail, and
(4) custom products created by the business;

k. The business shall be conducted by appointment or prearrangement only with no

drop-in customers of any kind allowed; and
l. There shall be a clearly visible street address posted or displayed on the premises.

5.03.020.F Option 1: Apply only to Old Town Overlay and apply Section 5.03.020.E
to the balance of the city

5.03.020.F Option 2: If 5.03.020.F is approved, apply to entire city

5.03.020.F. Home-Based Businesses in the Old Town Overlay District
Home-Based Businesses located in the Old Town Overlay District are permitted in
accordance with Table 5.02.010 and subject to the business meeting the provisions,
standards and limitations below.
1. Use Limitations. Following businesses, occupations or activities are specifically
prohibited:
a. Retail, wholesale or warehouse activities. No retail sales shall occur on the premises.
b. Vehicle repair, servicing, painting, detailing or towing if vehicle is dispatched from
premise or brought to premise or stored or parked in area.
c. Engine or similar repair shop.
d. Kennel or veterinary or animal grooming services.
e. Repair of large appliances.
f. Medical or dental services or offices.
g. Tanning or nail salons.
h. Barber or beauty salons.
i. Welding or machining activities.
j. Large scale carpentry, cabinet making or upholstery services.

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k. Any other use that is not incidental to and/or compatible with residential activities,
as determined by the director.
2. All Home-Based Business in the Old Town Overlay District shall meet all of the following
standards and provisions:
a. The business activity shall be incidental and secondary to the principal residential
use of property.
b. The business activity shall be conducted entirely within a dwelling or an existing
enclosed accessory structure. No outdoor storage of any kind related to the home-
based business shall be allowed.
c. An area no larger than twenty-five (25%) percent of the total first floor area of the
dwelling unit or a maximum of 500 square feet may be used in connection with a
home-based business. The home-based business shall not require internal or
external alterations or construction features or installation of equipment or
machinery not customary to a residential dwelling.
Option 4: c. An area no larger than twenty-five (25%) percent of the total first floor area of the
dwelling unit or with a maximum of 500 square feet may be used in connection with
a home-based business, including use of an accessory structure(s). The home-based
business shall not require internal or external alterations or construction features or
installation of equipment or machinery not customary to a residential dwelling.

d. No alteration of the residential appearance of the premises or extension of the

premises to accommodate the home-based business is allowed.
e. Only residents of the dwelling shall be employed in the home-based business. Non-
resident employees shall not be permitted.
f. There shall be no signs permitted, no evidence on the exterior of any structure or
anything visible from the exterior of the premises that indicates a home-based
business exists on the property.
g. There shall be no advertising of the address of the home-based business that results
in attracting persons to the premises.
h. Deliveries by commercial vehicle shall occur only between the hours of 8 a.m. and 7
p.m. and exclusive of tractor trailers and other large heavy commercial vehicles.
However, deliveries by a regular carrier such as USPS, UPS, and FedEx may be
during their typical hours.
i. No equipment or process shall be used which creates detectable noise, vibration,
smoke, dust, odors, fumes, heat, glare, electro-magnetic field, electrical or radio or
television interference beyond the property boundaries.
j. The business shall not operate at such hours or in such a manner as to disturb
neighbors or alter the residential character of the premises.
k. No hazardous materials other than those commonly found within a residence shall be
used or stored on the site. Such materials and equipment shall be limited to
quantities that do not constitute a fire, health or safety hazard.
l. The business does not involve the use or storage of heavy vehicles or equipment at
levels that exceed those permitted by the zoning district or City codes.

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m. No generation of solid waste or sewage discharge in volume or type which is not
normally associated with residential use in the neighborhood.
3. Class I and Class II Home-Based Business Standards
a. Class I: All Class I home-based businesses shall meet the criteria noted in
paragraph 2 above and shall not be open to any customers or clients for business
purposes on premises.
b. Class II: All Class II home-based businesses shall meet the criteria noted above in
paragraph 2 and are allowed to have clients, customers or students on-premise for
business purposes subject to the following limitations:
i. The business shall be conducted by appointment or prearrangement only
with no drop-in customers of any kind allowed.
ii. Shall not generate off-street or on-street parking of more than two (2)
vehicles at any one time that are not owned by the resident or family
members. No parking spaces shall be added to the premises for the home-
based business.
iii. Limited to a maximum of two (2) students at a time for tutoring or individual
instruction, including the number of persons waiting on the property to
receive instruction.
iv. Limited to a maximum of three (3) clients or customers at any one time.
v. Shall not generate more than ten (10) average daily trips (ADT) per day of
customer related vehicular traffic.
vi. Shall not be open to customers, clients or students earlier than 8:00 a.m. nor
later than 9:00 p.m.
vii. There shall be a clearly visible street address posted or displayed on the
premises.
Option 4: viii. A home-based business may be established no closer than 300 feet from an
existing home-based business unless both businesses meet the requirements
of this ordinance and existed at the time of adoption (effective date of
ordinance).
viii. ix. The City Council or (Planning and Zoning Commission) may add
additional conditions.
4. Special Use Permit Required: Prior to the establishment of a new Class II home-
based business a Special Use Permit, pursuant to Section 3.07, shall be required. If a
tenant makes the application they must do so with the authority of the property owner.
The following information shall be included in the application:
Option 4: 4. Home-Based Business Permit Required: Prior to the establishment of a Class
II home-based business, a Home-Based Business Permit shall be required, pursuant to
Section 3.23. If a tenant makes the application they must do so with the authority of the
property owner. The following information shall be included in the application:
a. A complete description of the proposed business operation and activities and how it
meets the minimum standards set forth above and including the amount and
location of floor space occupied by the business;

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b. Provisions for storage of materials, if applicable;
c. Number and type of vehicles used by the business, if applicable;
d. Days and hours of operation;
e. Average and maximum number of customers, clients or students per day and per
week;
f. Average and maximum number of deliveries per day and per week; and
g. Availability of on-street and 0ff-street parking.
5. Inspections Permitted. As part of the Special Use or Home-Based Business Permit
process, the premises to be used for a home business may be inspected by the
Department prior to any approval or registration of a home business. Home-based
businesses applicants shall allow a reasonable inspection of the premises by the Director
or designee to determine compliance with this Section.
Option 4 (shown in blue text):
6. Special Use or (Home-Based Business) Permits Limited. Special Use Permits
for Home-Based Businesses are limited as follows:
a. Special Use or (Home-Based Business) Permits for Home-Based Businesses shall be
granted to the owner or tenant who resides at the residential address.
b. Special Use or (Home-Based Business) Permits for home businesses are not
transferable from person to person or from address to address and shall only apply to
the individual identified in Subsection i above, except as noted in Subsection iii
below.
c. Should a home business permit holder move to a new location, the existing Special
Use or (Home-Based Business)Permit shall be automatically terminated, except
that, in the case of death, disability or divorce, the surviving or former spouse or
child residing at the same address may continue the permit upon written notice to
and written acknowledgement from the Department.
7. Existing Home-Based Businesses.
a. A home-based business in existence prior to February 8, 2011 shall be required to be
registered with the Planning and Development Department no later than April 1,
2011 to demonstrate compliance with this ordinance or to provide proof that it was a
legally non-conforming home-based business that met the prior Code requirements.
If it does not meet the qualifications to be a home-based business the business
operation at the residential premise shall cease. However, the business owner may
make an application for a Special Use Permit or (Home-Based Business) if they
believe that their business meets the intent of with these provisions.
b. Failure to Register. Failure to register as required in Subsection 3.b above shall be
deemed abandonment of any legal nonconforming or grandfathered right to operate
a home-based business regardless of actual intent. Thereafter, that home-based
business will be required to obtain a Special Use Permit or (Home-Based
Business) and treated as though it were a new home-based business.
8. Home-Based Business Enforcement

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If Code Enforcement receives a complaint regarding a home-based business, it shall be
the responsibility of the operator of the business to demonstrate compliance with the
above stated limitations and this Code.
9. Code Compliance
Home-based businesses shall comply with all local, state or federal regulations pertinent
to the activity pursued, and the requirements of or permission granted by this Section
shall not be construed as an exemption from such regulations. Applicant’s should
confirm that their homeowners association and/or property owner permit home
businesses, as the City may not be aware of these restrictions and does not enforce these
private agreements.

Section 16.02 Definitions

ADT (Average daily trips). The average number of vehicles or pedestrians passing a specific
point in a 24 hour period; normally measured throughout a year. ADT is the standard
measurement for vehicle traffic load on a section of road, and the basis for most decisions
regarding transportation planning.

Home-Based Business. An occupation or business activity which results in a product or

service for financial gain and is conducted in whole or part in the dwelling unit or accessory
building and is clearly an accessory or incidental use and subordinate to the residential use of
the dwelling unit. Telecommuting from a persons’ regular place of employment is not a home-
based business. Home-based business may also be called home occupations. Home-based
businesses exclude uses that are otherwise addressed in Chapter 5, such as Bed and Breakfasts.

Home Occupation. An occupation carried on in a dwelling unit, or in an accessory building to

a dwelling unit, by a resident of the premises, and which is clearly incidental and secondary to
the use of the premises for residential purposes, pursuant to Section 5.02.020 of this Code.

Telecommuting. A work arrangement in which employees enjoy flexibility in working

location, where the daily commute to a central place of work is replaced by telecommunication
links that may be from home or other location off-site from the primary work location.

Section 3.23 Home-Based Business Permit

3.23.010 Applicability
Home-Based Business Permits allow for Planning and Zoning Commission approval of
home-based businesses with unique or widely varying operating characteristics, subject to
the terms and conditions set forth in this Code. Home-Based Business Permits may be
issued only for uses that are generally compatible with other uses permitted in a Zoning
District, but that require individual review of their location, design, intensity, etc. These
uses and the Districts where they may locate are listed in Section 5.02.010. These uses may
locate in Districts as indicated under special conditions described in a Home-Based Business
Permit approved by the Planning & Zoning Commission. No such use shall commence
without prior approval of a Home-Based Business Permit. A Home-Based Business Permit

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includes a Conceptual Site Plan and, after approval, serves as the Conceptual Site Plan
necessary for the basis of the final Site Plan, which may be required prior to obtaining any
additional permits. The provisions of this Section related to Home-Based Business Permits
are adopted pursuant to Texas Local Government Code Chapter 211 and the City Charter.
3.23.020 Review Process
A. Initiation
Initiation of a Home-Based Business Permit may be made upon application of a property
owner or their designated agent.
B. Application and Completeness Determination
The Director is responsible for checking that a complete application has been submitted,
with all material necessary for the Planning and Zoning Commission to render an
informed decision.
C. Staff Review
1. The Director shall review the application, considering any applicable criteria for
approval and prepare a report to the Planning & Zoning Commission.
2. The Director may establish procedures for administrative review necessary to ensure
compliance with this Code and state statutes.
3. The Director may assign staff to review the application and make a report to the
Director.
4. The Director’s report may include a recommendation for final action.
D. Planning & Zoning Commission Review
1. Following notice in accordance with Section 3.03, the Commission shall hold a Public
Hearing in accordance with its rules and state law and may take final action on the
proposed Home-Based Business Permit.
2. The Home-Based Business Permit shall become effective upon approval by the
Planning and Zoning Commission.
3.23.030 Approval Criteria
A. A Conceptual Site Plan for the Home-Based Business Permit shall be approved by the
Planning and Zoning Commission in order to approve issuance of a Home-Based
Business Permit.
B. The Conceptual Site Plan shall be reviewed by the Director for compliance with this
Code, in accordance with the review criteria in Sections 3.03.040D and include, at a
minimum, the following existing and proposed features: driveways, parking areas,
entrance(s), trees, landscaping, buffering, screening, fences, buildings and other
structures, outdoor refuse containers, easements, sidewalks, street(s) names and
locations, lighting, signs, floodplain limit (general), concept drainage, and site and

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building dimensions, if required by the Director or the Planning and Zoning
Commission.
C. In addition to the criteria for zoning changes in Section 3.06.020, the Planning and
Zoning Commission may approve an application for a Home-Based Business Permit
where it reasonably determines that there will be no significant negative impact upon
residents of surrounding property or upon the general public. The Planning and Zoning
Commission may consider the following criteria in its review:
1. The proposed business use is not detrimental to the health, welfare, and safety of the
surrounding neighborhood or its occupants.
2. The proposed Conceptual Site Plan, circulation plan and design are harmonious
with the character of the surrounding area.
3. The proposed use does not negatively impact the public infrastructure such as roads,
parking facilities and water and sewer systems, and public services such as police
and fire protection and solid waste collection, and the ability to adequately provide
services thereto.
4. The proposed use does not create negative impacts of noise, glare, fumes, dust,
smoke, vibration, fire hazard, or other injurious or noxious impact.
3.23.040 Changes to Submitted Site Plan
Any modification to an approved Conceptual Site Plan that was filed as part of a Home-
Based Business Permit shall cause the Home-Based Business Permit to be reviewed under
paragraphs A and B below. Modified Conceptual Site Plans must be resubmitted to the
Director for consideration.
A. The Director may determine that the modification to the Conceptual Site Plan does not
change the basis for Home-Based Business Permit approval and issue an approval of the
modified Home-Based Business Permit.
B. If the Director determines that the modifications to the Conceptual Site Plan change the
basis for the initial Home-Based Business Permit approval, the modified permit shall
follow the normal review process for a Home-Based Business Permit.
3.23.050 Expiration
A Home-Based Business Permit shall expire 12 months from the date of Commission
approval, unless the business has commenced operation.
3.23.060 Discontinuation
A Home-Based Business Permit shall expire 12 months following the discontinuation of the
use for which the Home-Based Business Permit was approved. The change in ownership of
the residence with an approved Home-Based Business Permit shall cause the permit to
expire immediately upon change in ownership.
3.23.070 Appeal

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The applicant or their agent or 51percent of the adjoining property owners within 200 feet
aggrieved by a final action on a Home-Based Business Permit may appeal to the City
Council, pursuant to the procedures set forth below. Such appeal shall be submitted to the
Director within 30 days of the final action.
A. Appeal Hearing
The Hearing shall be set for the next available City Council meeting, subject to the
provision of public notification. Notification shall be provided in the same manner as
the initial Home-Based Business Permit.
B. Burden of Proof in Appeals
When an appeal is taken to the City council, the Planning and Zoning Commission’s
action is presumed to be valid. The person filing the appeal shall present sufficient
evidence and have the burden to justify a reversal of the action being appealed.
C. Findings and Conclusions
All findings and conclusion necessary to the appeal decision shall be based upon reliable
evidence. Competent evidence (evidence admissible in a Court of Law) will be
preferred whenever reasonably available, but in no case may findings be based solely
upon incompetent evidence unless competent evidence is not reasonably available, the
evidence in question appears to be particularly reliable, and the matter at issue is not
seriously disputed. In exercising its authority, the City Council may reverse or affirm, in
whole or in part, or modify the Commission’s order, requirement, decision or
determination from which an appeal is taken and make the correct order, requirement,
decision or determination, and for that purpose the City Council has the same authority
as the Planning and Zoning Commission.
D. Decision on Appeal
The City Council shall review the application, the Director’s report, conduct a Hearing
in accordance with the Council’s established procedures and state law, and take final
action on the appeal. It shall require a concurring vote of a majority of the City Council
members present to overturn a Planning and Zoning Commission decision on a Home-
Based Business Permit.

2.01.020 Summary of Review Authority

The following Table summarizes the decision-making authority of each review body for the
City of Georgetown.

Table 2.01.020: Summary of Review Authority

City Council
Planning

Engineer
Director

Forester
Building
Official

Urban

HARC

Procedure
ZBA

P&Z
Dev

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Planning and Zoning Commission

Minor or Final Plat w/ Waiver R R DM A

Preliminary Plat R R DM A
Plat Waiver R R DM A
Heritage Tree Protection Priority R R R DM A
Variance (floodplain & stormwater) <DM>
Home-Based Business R <DM> A

R – Review or Recommendation DM – Decision Making Authority A – Appeal Authority

< > - Public Hearing

Section 2.05 Planning & Zoning Commission (Commission or P&Z)

2.05.010 Powers and Duties
The Planning and Zoning Commission has the following powers and duties as described in
this Code:
A. Final Action
The Planning and Zoning Commission shall be responsible for considering and
taking final action on the following procedures described in Table 2.01.020 and this
Code:
1. Preliminary Plat;
2. Combined Preliminary and Final Plat pursuant to Section 5.08.050.A.2.;
3. Plat Waiver;
4. Minor or Final Plat, subject to a Plat Waiver;
5. Administrative Plat that the Director refers to the Commission or one that the
Director cannot approve;
6. Variance from the floodplain and stormwater management regulations of this
Code if the Variance is not contrary to the public interest and, due to special
conditions, a literal enforcement of this ordinance would result in unnecessary
hardship, and so that the spirit of the ordinance is observed and substantial
justice is done.; and
7. Home-Based Business Permit.

Chapter 3 Applications and Permits

Section 3.01 General

Table 3.01.020 Applicability of Procedures

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City Limits Extraterritorial

Jurisdiction

Prior to Subdivision, Platting and any Development

Comprehensive Plan Amendment X X

UDC Text Amendment X X
Rezoning (Zoning Map Amendment) X
Historic District Designation X
Special Use Permit X
Development Agreement X X
Access Point Connection Exemption X X
Home-Based Business Permit X
Subdivision & Platting of Land

Administrative Plat X X
Preliminary Plat X X
Construction Plans X X
Final Plat X X
Plat Waiver X X

Development Application Process

Site Plan X
Construction Plans X
Zoning Verification Letter X
Legal Lot Verification Letter X X
Temporary Use Permit X
Master Sign Plan X X
Certificate of Design Compliance X
Appeal of an Administrative Decision X
Variance X
Administrative Exception X
Special Exception X
Stormwater Permit X X
Driveway Permit X X
Sign Permit X X
Courthouse View Height Determination X

Section 3.02 Common Review Elements

3.02.010 Pre-application Conference

C. A Pre-application Conference is required for the following applications.

1. Comprehensive Plan Amendment

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2. Rezoning (Zoning Map Amendment)
3. Historic District Designation
4. Special Use Permit
5. Preliminary Plat
6. Administrative Plat (Minor Plat or Amending Plat)
7. Site Plan
8. Master Sign Plan
9. Certificate of Design Compliance
10. Variance
11. Unified Development Code Text Amendment
12. Construction Plan
13. Final Plat
14. Planned Unit Development
15. Driveway Permit
16. Development Agreement
17. Special Exception
18. Plat Waiver
19. Home-Based Business Permit

Section 3.03 Public Hearing and Notice

3.03.010 Provision of Public Notice

A. Summary of Notice Required
Notice shall be required for application review as shown in the following Table.

Procedure Published Mailed Posted

UDC Text Amendment X

Rezoning (Zoning Map Amendment) X X X
renamed
Historic District Designation X X X
Special Use Permit X X X
Certificate of Design Compliance X
Variance X X X
Special Exception X X X

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Replat without Vacating (§212.0145) X X
Development Agreement X X X
Access Point Connection Exemption X X X
Home-Based Business Permit X X X

3.03.020 Required Public Hearing

The following Table identifies the types of applications requiring a Public Hearing and the
review body responsible for conducting the Hearing.

Table 3.03.020: Summary of Required Public Hearing

Type of Application HARC Zoning Board Planning & Zoning City Council
of Adjustment
Comprehensive Plan Amendment X X
UDC Text Amendment X X
Rezoning (Zoning Map Amendment) X X
Historic District Designation X X X
Special Use Permit X X
Appeal of Admin. Decision X
Variance X
Special Exception X
Development Agreement X X
Access Point Connection Exemption X
Home-Based Business Permit X
X = Public Hearing Required

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