Rodney Lillard, Chairman, Madison County Planning Commission
at a joint public hearing held by the Madison County Planning Commission and Board of Supervisors, Wednesday, April 2, 2008, to receive public comment and consider adoption of an ordinance to Amend the Madison County Zoning Ordinance as follows:Amend the definition of Home Occupation in Article 20-98 to allow the use of mechanical equipment that emits a sound level during the hours between 6:00 am and 10:00 pm of 80dBH or less when measured at or outside the property line and to allow by special use permit a home occupation with no more than (4) employees in addition to the owner(s) of the property, who are not required to reside on the property or have any relation to the owner(s) in the Residential, Limited R-1, Residential, General R-2, and Residential, Multiple Family R-3 Zoning Districts.
HOME OCCUPATION:
An occupation limited to
person(s) who reside on the premises where there is no evidence (except for signs as otherwise herein provided) that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than a dwelling or accessory building thereto; provided, however, a home occupation with less than three (3) employees who are regularly employed on the site may be permitted by special use permit in Conservation (C-1) and Agricultural (A-1) zones and a home occupation conducted solely within the home without employees other than those who reside on the premises and without any customer traffic to the home shall be permitted by right in Conservation (C-1), (R-2) and Residential, Multiple Family (R-3) zones. A home occupation shall use no mechanical equipment exceeding 5 horsepower other than that which is normally used for domestic or household purposes.
The aforesaid amendments shall apply to all home occupations which have heretofore been granted a special use permit.
Former Vice Chair Al Martin told the PC/BOS members, "The decibel level Rockingham-Page County allows the Shenandoah Speedway is 80 decibels measured on the property line - the same as this ordinance would permit a business."
Robert Kane, an engineer who has recently done work on a similar issue, give an explanation of decibel levels. He also opposed the amendment as did everyone who came to speak on the issue except for Mrs. Carpenter of Brightwood.
Mrs. Carpenter supported the amendment which was submitted by an illegal machine shop, located 10 from the property line on less than an acre in Brightwood, an R2 area. She claimed to know of 10-15 other illegal businesses in the county and felt it wasn't fair to turn down the amendment.
When it came time to vote, the Planning Commission voted unanimously against the amendment. After a brief break, the Board of Supervisors, who had been listing to the PC hearing, convened for their vote.
Chairman Eddie Dean said that it was the right of citizens to petition the government and he encouraged the public to contact supervisors with their concerns. Nonetheless, the vote from the supervisors was 4 to 1 against the amendment.
Supervisor Bob Miller indicated that he thought some changes were needed for R2 and R3 but this amendment was not the way to address it, so the issue of allowing special use permits in these Residential zones may resurface at a later date.
Send a fax to thank the PC at 540-3843, and emails to the BOS at mbos@madisonva.org
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