By Jane DeGeorge
Eagle Reporter
Published: March 27, 2008

Madison County officials are considering a noise ordinance for small home businesses.

A public hearing to discuss this proposed change to the county’s zoning ordinance, and two other suggested amendments, is set for Wednesday, April 2.
One of the possible revisions – proposed by Edgar and Thelma Cassidy, who operate Tool Engineering & Machining Company LLC in Brightwood – would revise the ordinance’s restrictions for a home occupation, which is a small business that operates out of a residence.

The ordinance currently prohibits a home occupation from using mechanical equipment, other than “equipment normally used for domestic or household purposes,” exceeding five horsepower. The Cassidys, who use equipment to create small machine parts, requested this be revised to allow, by special use permit, the use of equipment at or below 15 horsepower, according to Madison County Zoning Administrator Betty Grayson.

Since a machine’s horsepower level does not necessarily correspond to the amount of noise it gives off, the Madison County Planning Commission revised the request to address the level of sound that may be allowed, Grayson said. The current proposal would permit a home occupation to use mechanical equipment, from 6 a.m.-10 p.m., that gives off a sound that is 80 decibels or quieter when measured at or outside the owner’s property line.

“A lawnmower sounds like 90 decibels,” Grayson said.

According to the property owners’ attorney, a decibel meter they used put the sound of the Brightwood company’s machines, at least one of which exceeds the currently allowed horsepower limit, at 15 decibels, according to the zoning administrator.

The other related proposed change would allow a home occupation, by special use permit, to have a maximum of four employees, in addition to the property owners, who are unrelated to the owner and live in a different location.

This revision would apply to home occupations within the limited, general and multiple family residential zoning districts. Currently a home occupation in these districts is prohibited from employing people who do not live on the property.

These changes were requested by the property owners after the zoning administrator notified them that they were violating the zoning ordinance by employing someone who lives in a different location and by operating equipment over the horsepower limit, according to Grayson. The zoning administrator had received complaints from neighbors of the property that this home occupation may not satisfy county regulations, she said

Another, unrelated, requested amendment filed by a different property owner would allow, by special use permit, an antique, craft or gift shop in a building (no bigger than 2,500 square feet) located in the limited residential zoning district.

The property owners who submitted this proposed ordinance revision, William and Brenda Nicholson, are interested in re-opening a longtime antique shop on a piece of residentially zoned property, formerly run by the Woodward family, according to the zoning administrator.

The store was previously “grandfathered” and granted a non-conforming use since it was in operation before the county was first split into zoning districts, Grayson said. Since the store has now been out of continuous use for more than two years it has subsequently lost its “grandfathered” status due to zoning ordinance regulations, she said.

The current owner had previously applied to rezone the property to business use however, the planning commission did not recommend approval, according to Grayson.

Citizens may request for county officials to consider amendments to the county zoning ordinance in writing and by paying a $400 fee.
A public hearing to consider these proposed changes is set for 8:30 p.m. Wednesday, April 2 during the board of supervisors and the planning commission’s regularly scheduled joint meeting.

The proposed amendments are available for public inspection at the Madison County zoning office at 414 N. Main St. in downtown Madison during normal hours, Monday-Friday 8:30 a.m.-4:30 p.m. For information, contact the Madison County Zoning Administrator at (540) 948-7599.