Sunday, March 11, 2001

Proposed rules govern home activities

By MONROE ROARK
mroark@TheCitizenNews.com

Fayetteville planners this month are considering new rules governing what you can and can't do in your home.

Nine new conditions for customary home occupations are included in amendments to the city's zoning ordinance being considered by the Planning and Zoning Commission.

Sections regarding amendment procedures, the Open Space Zoning District, home occupations, and temporary buildings were discussed at Tuesday night's workshop meeting in preparation for possible action at the March 27 regular meeting.

Commission members Tuesday said some of the proposed restrictions on home occupations might be too restrictive. Commissioners cited storage of Amway products and receiving UPS deliveries as two activities that would be illegal under these conditions.

"I'm usually in favor of less government, not more," said commission Chairman Myron Coxe when addressing the proposals.

The new conditions proposed by staff are: No exterior evidence of the home occupation. No outside storage of materials or equipment for the business. No internal or external alterations inconsistent with residential use of the building. No more than 20 percent of the total floor area used for the business. Only vehicles used primarily for passengers and no on-street parking of customers. No chemical, electrical or mechanical equipment except what is normally used for residential purposes. No commodities stocked or sold on the premises. Only persons living in the dwelling unit are employed in the occupation. No group instruction, assembly or activity.

Proposed changes to the Open Space District include new definitions of open spaces, passive parks and passive recreation.

Passive parks would not include swimming pools, gymnasiums or playing fields. Passive recreation is defined as activities such as hiking, bicycling, picnicking, fishing, horseback riding, interpretive trails and bird watching, although other activities can be included.

A list of uses permitted in the district includes historical monuments and informational centers; non-commercial greenhouses and vegetable and flower gardens; passive parks, trails and open space areas; boat docks and fishing piers by special exception only; horticulture and forestry uses established and run according to state guidelines; wildlife refuges with a single-family dwelling for a caretaker.

Proposed amendments to the amendment procedure section include the following: Any information submitted to the city (either written or verbal) and accepted by the council shall become an amendment to the application and a part of the rezoning. No permanent change in the zoning classification will take effect until all conditions of the rezoning are met.

Failure to meet all conditions within a prescribed time period will cause the property to automatically revert to the prior zoning classification. Substantial compliance will be required within 12 months of ordinance adoption, or it will be revoked and the zoning reversed.

All of the amendments will be brought up again at the commission's March 27 regular meeting.

 

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