1/19/1988 - Laserfiche WebLink

Home Browse Search

MOTION WAS MADE by Commissioner Bowman, SECONDED by Commissioner Wheeler, to adopt Ordinance 88-3, re- pealing and recreating the Home Occupation Section of the ROSE -4 Zoning District Regulations as presented by staff. Commissioner Bird wished to have clarified just what effect it will have on existing businesses if the Motion passes. Director Keating explained that any business that can provide satisfactory evidence that it has been in place since February 24, 1982, would be grandfathered in and subject to the normal grandfathering provisions of the ordinance. Commissioner Bird felt we are saying that area is predomi- nantly residential, or at least in our future planning should become predominantly residential, but we are willing to accept businesses that have been bona fide for a period of five years. Attorney Vitunac stated that the only other choice he would recommend would be to forget the five years and require the businesses to have been legal when they originated. These businesses could have been illegal from the beginning of the Zoning Code; the county is giving these people a break by giving them the years up until 1982; and he felt this is arbitrary only in that it is giving a break to people whom we otherwise could proceed against. Commissioner Wheeler stated that he is only interested in giving people a break who have been operating legally and in good faith for several years - not those who have been "in the woodwork," so to speak, and only decide to come out now because they see an opportunity to be overlooked and get a license. Commissioner Bird noted that he probably will vote for the Motion; although, he believed at some point we told the busi- nesses up there to come out of the woodwork, get the occupational license, and we will grandfather you in. They did that and now we are changing that if they haven't been there five years. 57 JAN 19 1988 POOK 70 ,F 617