ORDINANCE 2021-05
AN ORDINANCE OF STOCKTON TOWN AMENDING STOCKTON TOWN CODE SECTIONS 10-2-1 AND 10-10-17 REGARDING HOME OCCUPATION DAY CARES AND PRESCHOOLS, AND HOME OCCUPATION EMPLOYEES.
WHEREAS, Stockton Town Code Section 10-10-17 (Home Occupations) contains the Town’s regulations regarding home occupation businesses, including child day cares and preschools; and,
WHEREAS, among other things, Section 10-10-17 prohibits home occupation businesses from having employees except persons living in the dwelling that contains the business; and,
WHEREAS, by Ordinance 2021-02 the City Council amended Section 10-10-17 to clarify that non-resident employees are allowed for home occupation businesses that provide services off-site, e.g., lawn care; and,
WHEREAS, the Planning Commission has recommended that Section 10-2-1 (Definitions) be amended to delete the current definition of home occupation “Day Care Center” and be replaced with new definitions of “Day Care/Preschool (Commercial)” and “Day Care/Preschool (Home Occupation)”, which definitions specify the maximum number of children allowed in each at any one time; and,
WHEREAS, the Planning Commission has recommended that Section 10-10-17 be amended to allow up to two non-resident employees for home occupations and that off-street parking be provided for those employees; and,
WHEREAS, the Planning Commission has recommended that Section 10-10-17 be amended to enact additional regulations for home occupation day cares and preschools; and,
WHEREAS, on May 4, 2021, the Planning Commission convened a public hearing and voted to recommend to the Town Council, consistent with the above recitals, that Sections 10-2-1 and 10-10-17 be amended as shown in Exhibit A attached hereto and incorporated herein; and,
WHEREAS, the Town Administration recommends that Sections 10-2-1 and 10-10-17 be amended as shown in Exhibit A; and,
WHEREAS, the Town Administration believes that this Ordinance will assist the success of home occupations day cares and preschools and the protection of their enrollees without creating additional burdens on the community:
NOW, THEREFORE, BE IT ORDAINED BY THE STOCKTON TOWN COUNCIL that Stockton Town Code Sections 10-2-1 and 10-10-17 as shown in Exhibit A are hereby enacted.
This Ordinance is necessary for the preservation of the peace, health, safety, welfare, and orderly administration of Stockton Town and its residents and businesses, and shall become effective immediately upon compliance with State law.
IN WITNESS WHEREOF, this Ordinance is passed by the Stockton Town Council this ____ day of _______________, 2021.
STOCKTON TOWN COUNCIL
(For) (Against)
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ABSTAINING: ___________________________________________
ATTEST:
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Ashlee Wanlass, Town Clerk
S E A L
Approved as to Form: ____________________________________
Roger Evans Baker, Stockton Town Attorney