ISSUE #2-Polk Cty Land Dev-Ch 2 Sec 2Home Occupation
Aug 21, 2014 14:45:56 GMT -5
Dick Tracy and Alaska HEMI R/T Jm Admin. like this
Post by Admin on Aug 21, 2014 14:45:56 GMT -5
This is the second of TWO complaints Polk County has filed against SLohA and KCN. The first was the topic of another thread i.e. "Issue #1" which concerns the unpermitted installation of communications towers on S-bag residential property. This issue is pretty technical and may not require a Public Hearing.
This is the second complaint; i.e. that a commercial business may be representing itself as a Home Occupation. This is the adverse use of the residential-zoned property as commercial. It will likely require a Public Hearing, if MANBODKCN decide to spend thousands of owner dollars on upgrading the land use to Commercial.
Here are the complaints filed by the county provided by Land Planning:
The case numbers are CE14-3504 (against the association) and CE14-4116 (against the stabs). I have requested the content of these complaints.
206 E. Home Occupations (Revised 01/03/05 - Ord. 04-80)
Home occupations may be permitted as an accessory use to an existing dwelling unit in all residential districts subject to the applicable district regulations and the requirements listed.
Polk County Land Development Code 2-18 Chapter 2
1. Procedure:
a. Home occupations located other than within the principal dwelling unit (e.g. within an accessory structure or garage) sH all be allowed as an accessory use pursuant to a Level 3 Review.
b. Home occupations conforming to this Section and located within the principal dwelling unit sH all be allowed without further County approval.
c. A maximum of one person who is not a member of the immediate family residing on the premises may be employed in the operation of a home occupation.
2. Regardless of the location of the home occupation, the principal dwelling unit on the property sH all be the bona fide residence of the home occupation practitioner. The home occupation sH all be clearly incidental and secondary to the property's use for residential purposes.
Note: Has anyone ever seen how much interior space is designated for internet equipment?
3. No home occupation may occupy more than 25 percent of the gross habitable ground floor area of the principal dwelling unit,
4. Traffic generated by the proposed use must not negatively impact the safety, ambiance and characteristics of the residential neighborhood. The increase to existing traffic created by the home occupation sH all not exceed ten additional trips per day. The assumption is that each residential site generates ten trips per day. Therefore, a home occupation may not exceed 20 trips per day.
5. No display of merchandise or outside storage of equipment or materials sH all be permitted.
6. No alterations sH all be made to the external appearance of any principal or accessory structures or of the property which changes the character of the site from residential to non-residential.
Attachment Deleted
7. No equipment or process used in the home occupation sH all create noise, vibration, glare, fumes, electromagnetic interference, odors or air pollution outside the building.
8. One non-illuminated business identification sign mounted flush to the dwelling unit and not more than two square feet in area sH all be allowed.
9. No storage of hazardous materials, other than substances of a type and quantity customarily associated with a home or hobby, sH all be permitted.
10. All home occupation practitioners sH all obtain an occupational license.
11. The following uses are examples of home occupations:
a. Activities conducted principally by telephone, computer, facsimile, or mail.
b. Studios where handicrafts or objects-of-art are produced.
c. Teaching and tutoring instruction of no more than four pupils at a time.
d. Dressmaking or apparel alterations.
e. Barber and beauty shop (one chair).
12. The following are prohibited as home occupations:
a. Adult entertainment.
b. Automotive service and repair.
c. Bed and breakfast.
d. Eating and drinking establishments.
e. Kennels.
f. Manufacturing.
g. Tanning Salons, tattoo parlors, massage parlors.
h. Commercial sales or leasing of vehicles.
i. Any use that requires a Building Code upgrade (i.e., from residential standards to commercial standards) to accommodate the home occupation
Attachment Deleted
BINGO!
This is the second complaint; i.e. that a commercial business may be representing itself as a Home Occupation. This is the adverse use of the residential-zoned property as commercial. It will likely require a Public Hearing, if MANBODKCN decide to spend thousands of owner dollars on upgrading the land use to Commercial.
Here are the complaints filed by the county provided by Land Planning:
The case numbers are CE14-3504 (against the association) and CE14-4116 (against the stabs). I have requested the content of these complaints.
206 E. Home Occupations (Revised 01/03/05 - Ord. 04-80)
Home occupations may be permitted as an accessory use to an existing dwelling unit in all residential districts subject to the applicable district regulations and the requirements listed.
Polk County Land Development Code 2-18 Chapter 2
1. Procedure:
a. Home occupations located other than within the principal dwelling unit (e.g. within an accessory structure or garage) sH all be allowed as an accessory use pursuant to a Level 3 Review.
Note: I sense a possible Special Assessment coming Owners' way for this expensive undertaking. A PUD modification requires mountains of reports, assessment and public hearings.
b. Home occupations conforming to this Section and located within the principal dwelling unit sH all be allowed without further County approval.
c. A maximum of one person who is not a member of the immediate family residing on the premises may be employed in the operation of a home occupation.
Note: Can independent contractor designation circumvent the "employment" provision?
2. Regardless of the location of the home occupation, the principal dwelling unit on the property sH all be the bona fide residence of the home occupation practitioner. The home occupation sH all be clearly incidental and secondary to the property's use for residential purposes.
Note: Has anyone ever seen how much interior space is designated for internet equipment?
3. No home occupation may occupy more than 25 percent of the gross habitable ground floor area of the principal dwelling unit,
Note: Has anyone ever seen how much interior space is designated for internet equipment?
4. Traffic generated by the proposed use must not negatively impact the safety, ambiance and characteristics of the residential neighborhood. The increase to existing traffic created by the home occupation sH all not exceed ten additional trips per day. The assumption is that each residential site generates ten trips per day. Therefore, a home occupation may not exceed 20 trips per day.
Note: No wonder that bad old lightning hit the access gate arm-such a timely event! That way the # of card entries cannot be counted by computer software! NO problem--can do a manual count and video, testimony of neighbors.
5. No display of merchandise or outside storage of equipment or materials sH all be permitted.
6. No alterations sH all be made to the external appearance of any principal or accessory structures or of the property which changes the character of the site from residential to non-residential.
Attachment Deleted
7. No equipment or process used in the home occupation sH all create noise, vibration, glare, fumes, electromagnetic interference, odors or air pollution outside the building.
Note: Unknown--Requires engineering measurement$$$$
8. One non-illuminated business identification sign mounted flush to the dwelling unit and not more than two square feet in area sH all be allowed.
9. No storage of hazardous materials, other than substances of a type and quantity customarily associated with a home or hobby, sH all be permitted.
Attachment Deleted
Note: How does one assess SPRAWL of all of the above from the home to the Storage Lot, Tennis Court, Bathhouse & Admin Bldg? Exposed Cable. What is in the cooler and locker? Batteries, high voltage switches etc? This may be addressed at the Public Hearing.
10. All home occupation practitioners sH all obtain an occupational license.
Note: Unknown--he never applied to County to get permits to build the towers so it is reasonable to assume there is no occupational license, eh?
11. The following uses are examples of home occupations:
a. Activities conducted principally by telephone, computer, facsimile, or mail.
b. Studios where handicrafts or objects-of-art are produced.
c. Teaching and tutoring instruction of no more than four pupils at a time.
d. Dressmaking or apparel alterations.
e. Barber and beauty shop (one chair).
12. The following are prohibited as home occupations:
a. Adult entertainment.
b. Automotive service and repair.
c. Bed and breakfast.
d. Eating and drinking establishments.
e. Kennels.
f. Manufacturing.
g. Tanning Salons, tattoo parlors, massage parlors.
h. Commercial sales or leasing of vehicles.
i. Any use that requires a Building Code upgrade (i.e., from residential standards to commercial standards) to accommodate the home occupation
Attachment Deleted
BINGO!