re request for home ocupation license fee refund - 2005

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4. Those which do not meet one or more of the specified performance standards. The applicants'business does not meet one or more of the performance standards within Section 78-1376(d). 5. Those which generate excessive traffic under the standards of subsection (d)(13) of this section. It is unclear whether or not the applicants' business generates excess traffic within the neighborhood. Home occupations are subject to sixteen performance standards. It appears to staff that the applicants' use is unable to meet four of the performance standards (standards 5, 6, 8 and 9, as listed below). (5) The home occupation shall be conducted within the enclosed area of the dwelling unit, with the exception of lessons or instruction for outdoor activities, such as equestrian training and riding, tennis and other court sports, gardening and swimming. In the RR-lA and RR-1B, one-family rural residential districts, home occupations or storage associated with the home occupation may be conducted within accessory structures subject to conditions. The applicants'property is located within the LR-1 B zoning district. (6) Outdoor storage prohibited. Outdoor storage or display of materials, goods, supplies or equipment related to the conduct of the home occupation shall be prohibited, except that licensed passenger vehicles used in the home occupation may be parked outside provided they are in compliance with all other requirements of this section. At the time of staff inspection there were several trailers and equipment in the rear yard being stored outdoors. (8) Commercial or nonpassenger vehicles. Parking/storage of any commercial or nonpassenger vehicles used in the home occupation shall be within a fully enclosed building. Noise, odars or vibration from the operation of such vehicles shall not be discernible at the property line. At the time of staff inspection there were several trailers and eguipment in the rear yard being stored outdoors. (9) No equipment, machinery, or materials other than of a type normally found in or compatible with a dwelling unit shall be allowed. According to the information on the home occupation application in addition to the vehicles and trailers, there is a bobcat and a wood chipper stored on the properry. Prohibited Home Occupations Section 78-1376(e) defines seven categories of"prohibited home occupations" which "by their nature of operation, have a pronounced tendency to increase beyond the limits permitted for home occupations. These uses have objectionable operational characteristics that adversely impact residential neighborhoods and shall be prohibited as home occupations:" Categories 4 (dispatch centers where persons come to a site and are dispatched to other sites) and 7 (contracting; excavating, welding or machine shops" would appear to potentially fit the activity associated with the current landscaping business operation at 830 Forest Arms Lane. 2