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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 />CU <br />z_8 21 <br />Z U -m N <br />R, N N <br />w 0 � 22 <br />.� m <br />U C <br />0 C <br />E, 23 <br />G <br />q 24 <br />o .s <br />x ° 0 <br />25 <br />26 <br />Page <br />• I s <br />.4L. - Imo. <br />ings, or use referred to in the application, which <br />circumstances or conditions do not apply generally <br />to land., buildings, or uses in the same zone; <br />however, nonconforming land, uses or structures in <br />the vicinity shall not in themselves constitute such <br />circumstances or conditions; <br />(c) That granting the application will not be materially <br />detrimental to the public welfare or be injurious to <br />property or improvements in the neighborhood of the <br />premises; <br />(d) That such variance is necessary for the preservation <br />and enjoyment of the substantial property rights of <br />the petitioner; <br />(e) That the granting of the application will not, under <br />the circumstances of the particular case, adversely <br />affect the health or safety of persons working or <br />residing in the neighborhood of the property of the <br />applicant; and <br />(f) That granting the application will be in general <br />harmony with the intent and purpose of the zone code <br />and will not adversely affect any officially adopted <br />comprehensive plan. <br />2. The sign limitation is designed to preserve the residen- <br />tial character of the area. The large signs in the <br />immediate area are for primary uses - an apartment <br />complex and a church. <br />3. The property is a corner lot and contains the principal <br />dwelling plus three rental units. In addressing <br />criteria (a) -and. (b), the applicant's representative <br />testified to the economic need to attract customers. <br />However, the purpose for a sign with .a home occupation <br />is to identify the location. The location is identi- <br />fiable because of the cross streets and visibility on <br />the lot. The customers to the business will be by <br />appointment, and not walk-in or drive through business. <br />There is no evidence in the record of any hardships, <br />practical difficulties, or exceptional- or extraordinary <br />circumstances applying to the land, building or use that <br />meets the burden of proof as to these criteria. <br />4. The Marion County Zoning Ordinance and Salem Area <br />Comprehensive Plan seek to preserve the residential <br />character of residential neighborhoods. While home <br />occupations are allowed as conditional uses, one <br />consideration is that the business use be secondary. <br />V/CU 88-2/ORDER - 4 <br />