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4566 Page: 17 <br /> Page 2 of 2 <br /> 3350 West Marietta Street <br /> April 6, 2017 <br /> STAFF ANALYSIS <br /> 1. The expansion of a contractors and builders use in the R-1 Single Family Residence District is not <br /> consistent with the intent of the Zoning Ordinance or the Macon County and Decatur <br /> Comprehensive Plan as it calls for low density residential. <br /> 2. The contractors and builders use is a permitted use in the B-2 Commercial District and allowing <br /> this type of high intensity use to expand in a residential district is not with the intent of the Zoning <br /> Ordinance. <br /> 3. Residential districts in the City of Decatur are allowed to have home occupations that would be <br /> non-intrusive to the neighborhood and continue to allow the neighborhood to maintain a residential <br /> character. The home occupation definition requires the use of only the main structure for the <br /> business and only those members of the immediate family residing on premise to be employed by <br /> the business. This business has an office in the main structure and storage in the detached accessory <br /> structure. There is an employee who does not reside at the premise who reports to work in the <br /> office. It also requires that equipment is similar in character to that normally used for purely <br /> domestic purposes.The petitioner plans to store JLG lifts in the detached accessory structure,which <br /> are not similar in character to equipment used for purely domestic purposes. This type of business <br /> is clearly not meeting any of the requirements of the City Zoning Ordinance definition for home <br /> occupation. Expanding a use such as being requested for contractors and builders that does not <br /> remotely resemble a home occupation is not with the intent of the Zoning Ordinance. <br /> 4. The non-conforming use permit has been reviewed by the City's Technical Review Committee, <br /> Planning, Engineering and Fire. <br /> STAFF RECOMMENDATION <br /> 1. Based on the analysis, staff recommends denial of the non-conforming use permit. <br /> PLAN COMMISSION ACTION <br /> 1. Section XXIII. of the City of Decatur Zoning Ordinance requires the Plan Commission to hold a <br /> public hearing on a non-conforming use permit request, and then forward its report and <br /> recommendation to the City Council for final approval. A motion to forward Calendar Number 17- <br /> 11 to the City Council with a recommendation for denial is suggested. <br /> This report constitutes the testimony and recommendation of the Planning and Sustainability Division, <br /> Department of Planning and Building Services, City of Decatur. <br /> Suzan Stickle <br /> Senior Planner <br /> ATTACHMENTS <br /> 1. Petition <br /> 2. Location Map <br />