NELSON COUNTY BOARD OF ZONING APPEALS DETERMINATION

February 4, 2003

Problem: The Zoning Administrator has received numerous inquires concerning Sections 2-47 and 2-48, Home Occupations, regarding crafts people and antique shops. Arguments have been presented that as long as the resident of the property conducts the activity on site, both activities can be considered a home occupation.

The Zoning Administrator has ruled in the past that artisans qualify as a home occupation as long as sales of their products are conducted off site. An antique store is a retail activity and does not qualify as a home occupation. This type of activity must be located in a commercial zone.

BZA

Determination: After considering the merits of each type of activity, the Board of Zoning Appeals decided the following:

· As long as the artisan creates the artwork, pottery, et cetera, on site, it qualifies as a home occupation, and these products may be sold from his home studio.

· The merchandise sold at antique shops are not made on site and does not qualify as a home occupation.

The Board of Zoning Appeals decision may be appeal within thirty (30) days from the date of this decision by any citizen to the Nelson County Circuit Court. If an appeal is not made within this time period, the Board’s decision becomes final and unappealable.

If you have any questions regarding this decision, please contact the Nelson County Planning Department at (434) 263-7090.