5/19/1982 - Laserfiche WebLink

Home Browse Search

REQUEST FOR AUTHORITY TO PROSECUTE ZONING VIOLATOR - HEROLD The Board reviewed staff memo as follows: TO: Cha; rman DATE: `,3V 11. 1 9a2 FILE: hi Don C. Scurlock, Jr. and Board of County Commissioners SUBJECT: Requesting Authority to Prosecute Zoning Violation -- Jerry Herold's Custom Cabinets FROM: Christopher. J. 211 REFERENCES: Assistant County Attorney The County Attorney's Office has been requested by the Planning and Zoning Department to assist in the enforcement of the Zoning Code against Mr. Jerry Herold, 245 Nieuport Drive, Indian River Aerodrome, with respect to his -custom cabinet manufacturing -opera- tion. The property is zoned for agricultural uses and is developed as large -lot residential, in conjunction with a private airstrip. The light manufacturing activity currently underway is not a lawful permitted use within the agricultural district. ` Mr. Herold was issued an order to cease manufacturing activities on February 16th, and again on March 10, 1982, but has not complied therewith. Upon the advice of his counsel, Charles Sullivan, Mr. Herold has not appealed the Zoning Department's decision to the Board of Adjustment, nor has he voluntarily ceased his cabinet making operation. At least two of the residents in the immediate vicinity have continued to complain to the County about Mr. Herold's operation. The residents maintain that his activity is clearly audible from their homes, and that a significant number of commercial delivery vehicles drop off materials to Mr. Herold. The central issue developing is whether this activity is a per- mitted "home occupation" under the Zoning Code. Home occupation is defined as "any occupation or activity carried on within a residen- tial property, where the activity is conducted only by members of the family living within the residence, where products are not offered for sale from the premises, where no evidence of the occu- pation is visible or audible from the exterior of the residential property, where traffic is not generated in excess,of that customary at residences, and where no commercial vehicles are kept on the premises or parked overnight on the premises unless other- wise permitted by these regulations." REQUESTED ACTION As requests for voluntary compliance have not generated positive results, this office is requesting consideration of the matter, and a determination on whether to initiate legal action -to abate this apparent violation of the Zoning Code. The appropriate law suit would be a Petition for Injunctive Relief. Attorney Brandenburg believed that this is a straight- forward matter of enforcement of Code and requested the