(A) Home occupation; performed. A home occupation, performed at an individual residential dwelling unit, is prohibited in LR Low Residential District and the MR Medium Residential District, except as a specifically permitted home occupation.
(B) Home occupation; regulations. The regulations pertaining to home occupation conducted at a residence are as contained in § 155.005, and as follows:
(1) Use is limited to activities attracting little or no vehicular traffic, such as accountant, music instruction, telephone sales, home office for contractor, and the like;
(2) No onsite sale of goods, except agricultural products produced on the premises;
(3) Must be conducted by an owner or occupant of the dwelling; and
(4) Utilize no more than 15% of the total floor area of the dwelling.
(C) Minimum yard requirements.
(1) Lots less than 3/4 acre in size:
(a) Front: 35 feet;
(b) Side: 15 feet;
(c) Rear: 20 feet; and
(d) Corner: 25 feet.
(2) Lots 3/4 acre and larger in size:
(a) Front: 50 feet;
(b) Side: 25 feet;
(c) Rear: 35 feet; and
(d) Corner: 25 feet.
(D) Setback variances.
(1) Administrative variance. The Zoning Administrator may authorize minor variances to the required setbacks as set forth in this chapter, where in the Zoning Administrator's opinion, the variance is not contrary to the spirit and intent of this chapter and would prevent hardships that may occur because of unique and unusual shaped plots or because of special conditions that may not pertain to other similar plots.
(2) However, in any case, the Zoning Administrator may not grant an administrative variance greater than 20% of the required setback and may not grant an administrative variance less than 28 feet from U.S. Highway 64/74-A.
(3) Council approved variances. The Village Council may grant a variance greater than the administrative variance of 20% but shall not to exceed 50% of the allowable setback as is designated for this zoning district.
(a) Any setback variance request, greater than 20% shall be submitted in writing, including survey showing the proposed variance, to the Zoning Administrator. The Zoning Administrator, Planning Board and/or Village Council may request any additional documentation necessary for consideration of the application. The variance request shall be completed within 90 days of the completion of the application, including all required documentation.
(b) The application must state the hardship and how current setbacks adversely affect the current zoning use of the property.
(c) The Zoning Administrator will receive the initial application and shall make a recommendation to the Planning Board for their review and their recommendation to the Village Council. A public hearing is required prior to the Planning Board's consideration and reporting their recommendation to the Village Council.
(d) The Village Council shall consider the recommendations of the Zoning Administrator and Planning Board and will conduct a public hearing prior to their consideration of the variance request. The Village Council shall have the final approval authority for granting any variance to zoning setbacks that exceed 20% but shall not be a variance greater than 50% of this zoning district's applicable setbacks.
(E) Setback measurements. Setback measurements from property lines that extend into Rocky Broad River, or into Lake Lure, or other body of water, shall be measured from the waters' normal edge. In any case, the minimum setback shall be no less than 20 feet.
(2002 Code, Art. IV, § 92.00.20) (Ord. passed 10-19-1999; Am. Ord. passed 4-15-2003; Am. Ord. passed 11-16-2004; Am. Ord. passed 8-15-2023)