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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />y � <br />Z ao <br />21 <br />0 <br />Z c � <br />boo <br />� G ob <br />22 <br />va b,r, <br />m <br />Y � d <br />Ems., Geo 0 <br />23 <br />24 <br />x °� <br />0 <br />:5� <br />25 <br />26 <br />Page <br />Residential" in the Salem Area Comprehensive Plan. The <br />property is located in the RM zone. The property is <br />located at.the southeast corner of.'Lancaster Drive and <br />Hayesville Drive. In the RM zone, home occupations, <br />other than those listed. in Section 110.270 of the Marion <br />County Zoning�Ordinance are a conditional use. <br />2. Surrounding properties to the northwest, west and south <br />are also in the RM zone. The property to the east is <br />under a Resolution of Intent to rezone from RA to RM. <br />The properties to the north across Hayesville Drive are <br />located in the RS zone. <br />3. The subject property contains a residence with a drive- <br />way onto Hayesville Drive, and a driveway onto Lancaster <br />Drive. The applicants propose to locate a photography <br />studio in the residence and operate it as a home occupa- <br />tion. They also request a Variance to MCZO 191.030(h.), <br />which requires a free-standing sign for a home occupa- <br />tion be no larger than one square foot. The applicants <br />request they be allowed to have an approximately 4x5 <br />foot free-standing sign advertising their photography <br />business. <br />V. Additional Findings of Fact and Conclusions of Law <br />A. Conditional Use <br />1. A home occupation in an RM zone is. a conditional use <br />under MCZO 134.030(i). The criteria relevant to this <br />application are found by definition in MCZO 110.270 and <br />as required findings for approval in MCZO 120.075 as <br />follows: <br />(a) The occupation or activity be carried on solely by <br />the resident of a dwelling as a secondary use, in <br />connection with which no assistants are employed. <br />(b) No structural alterations are made to accomodate <br />such occupations, the residential character of the <br />buildings and property remains unchanged, and <br />traffic attracted to the premises be kept at a <br />minimum. <br />(c) The business or activity shall be conducted wholly <br />within the home or within a small (not greater than <br />the floor area of the house) accessory building, <br />residential in appearance. <br />(d) No noise, dust or any other offensive action or <br />material be emitted from the premises. <br />V/CU 88-2/ORDER - 2 <br />