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rocs 14 1987 <br />BOOK 69 FAG. 695 <br />rebuild after being severely damaged, destroyed, or abandoned for <br />more than 90 days unless they were brought into conformity with <br />existing ordinances. Another issue is whether grandfathered <br />businesses can continue to have junk and debris on the site, <br />illegally store material on the property, maintain any illegal <br />structures, and retain non -permitted signs. <br />Alternatives <br />Several alternatives exist for legalizing the existing home <br />occupations in the Rose -4 area. The first alternative would be to <br />permit all existing home occupations in existence prior to <br />February 24, 1987 to be grandfathered in, regardless of whether or <br />not these uses meet the ROSE -4 home occupation criteria. These <br />uses•would then be permitted to continue operation as they existed <br />prior to this date without compliance with the required criteria. <br />Alternative two would be to grandfather only those home <br />occupations which had a valid occupational license prior to <br />February 24, 1987. Any person operating a home occupation without <br />an occupational license would be required to conform with the <br />criteria of the Rose -4 and General Provisions home occupation <br />criteria prior to the granting of a home occupation permit. The <br />third alternative would be to require all home occupations, <br />whether -newly created or existing prior to February 24, 1987, to <br />comply with the requirements of the Rose -4 home occupation <br />criteria. A grace period of ninety days could be established for <br />compliance, after which the use would be referred to the Code <br />Enforcement Board. <br />Analysis <br />Alternative one would permit all home occupations operating within <br />the Rose -4 area to legitimize their operation with no required <br />improvements. However, the major drawback would be to verify <br />existence. Such verification would be difficult without any <br />formal documentation, and could possibly permit some occupations <br />not previously operating to establish themselves legally without <br />complying with the ordinances. Another issue is whether <br />grandfathered businesses could expand without complying with the <br />ROSE -4 criteria.. <br />Alternative two would only grandfather those uses having valid <br />occupational licenses on February 24, 1987, thereby providing a <br />method to verify which uses were operating prior to the effective <br />date of the amendment. However, it would not ensure that the <br />established uses were in conformance with the ROSE -4- home <br />occupation ordinance in respect to visual compatibility, <br />employment of only family members, or homestead exemptions. This <br />would permit existing uses to legally continue operation in <br />nonconformance with the ordinances. <br />Alternative three would provide a ninety day period in which all <br />_ existing home occupations would be able to obtain an occupational <br />license. This alternative would ensure that any existing home <br />occupations would fully comply with all codes and ordinances and <br />avoid any complications which might arise in the future. <br />Compliance would meet the intent of the home occupation concept of <br />permitting specific uses to exist in a residential area while <br />retaining the residential nature of the area. <br />- M M <br />