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1/19/1988
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1/19/1988
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Meetings
Meeting Type
Regular Meeting
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Minutes
Meeting Date
01/19/1988
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the proposed ordinance, any business that becomes qualified for <br />grandfathering will be governed by the nonconformities provision <br />of the zoning code. <br />Since the October 14, 1987 meeting, the staff has attempted to <br />further verify the number of businesses in the ROSE -4 area. The <br />staff has identified 20 occupational licenses issued for the <br />ROSE -4 area. However, because of multiple licenses for several <br />businesses (one identified business has 6 occupational licenses <br />for one location), the 20 licenses represent only 12 sites <br />(businesses). Of those 12, one has since been abandoned (license <br />not renewed for 3 years); at least two represent uses that either <br />have or qualify for standard home occupation permits (those <br />granted under general, restrictive, countywide home occupation <br />requirements) issued by the County; and one represents a <br />commercial vehicle parked in a residential area determined as <br />grandfathered by the Code Enforcement Board. According to this <br />analysis, only eight or fewer sites in the Rose -4 area constitute <br />existing businesses not already approved by the County or <br />approvable under general countywide regulations. <br />The proposed ordinance also includes a time limit of 45 days in <br />which businesses must qualify for the grandfathering provision.. <br />It is anticipated that the proposed 45 day period will be <br />sufficient to allow Roseland area residents time to file the <br />necessary documents to allow grandfathering. If after 45 days <br />any business has not qualified, it will be deemed an illegal use <br />subject to all penalties. <br />Staff believes that elimination of these special home occupation <br />provisions will benefit the ROSE -4 area. Elimination of the <br />potential intrusion of nonresidential uses will guarantee the <br />residential integrity of the Rose -4 area and avoid the <br />establishment of incompatible uses in this area. As proposed, <br />repeal of this provision will allow those existing businesses to <br />operate without allowing additional incompatible uses in the <br />area. <br />Planning and Zoning Commission Action <br />On December 10, 1987, the Planning and Zoning Commission voted <br />4-0 to recommend approval of the proposal to amend the Rose -4 <br />district home occupation regulations. However, it was the <br />concensus of the Commissioners that the proposed ordinance, as <br />presented by staff, should be modified. The Commissioners voted <br />to recommend that the requirement of proof of a valid <br />occupational license since February 24, 1982, be replaced with <br />the lesser requirement of proof of a valid occupational license <br />prior only to February 24, 1987. February 24, 1987 was the date <br />on which the home occupation section of the Rose -4 regulations <br />was approved. The Commissioners felt that a requirement of proof <br />for the past five years was too restrictive, and that all <br />businesses which had operated on the date of, or prior to the <br />approval of the ordinance should be qualified for grandfathering <br />status. <br />During the public hearing on this issue, there was also <br />discussion concerning the requirement of showing proof of <br />existence exclusively through use of valid occupational licenses. <br />Discussion of this requirement centered around concern that <br />certain existing businesses, having been in existence for five or <br />more years, may not have obtained occupational licenses during <br />43 <br />JAN.19 1988 <br />BOOK 70 PAGE 603 <br />
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