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Jan. 16 public hearing focused on amending town code

Thursday, January 02, 2014 - Updated: 10:06 AM


C-S-E Editor

MINDEN -- Prior to December's Minden Town Board meeting, a public hearing took place aimed at allowing locals to speak out regarding the creation of a local law, which will be known and cited as "A Local Law Amending Chapter 90 of the Code of the Town of Minden with Regard to High and Low Impact Home Occupations."

The public hearing was the first of two, the second of which is scheduled for January 16 at 7 p.m., prior to the regular monthly meeting. In the meantime, the local law will be submitted to the Montgomery County Planning Board for review.

The Town Board of Minden created the local law based upon the recommendation of the Minden Town Planning Board, which, as stated in the handout provided at the meeting, "desires to distinguish between home occupations having a high impact and those having a low impact and to implement rules and regulations recognizing such differences."

Amendments to Chapter 90-5 include the current definition of Home Occupation, which will be deleted upon adoption of the local law, with new definitions to be added in proper alphabetical order.

"Home Occupation, High Impact" will be identified as, in part, "a business activity resulting in a product or service for financial gain, conducted wholly or partly within a dwelling unit or accessory structure as a non-residential use that is secondary and subordinate to the use of the dwelling for living purposes, and is conducted in a manner which does not change the residential character of the dwelling unit or vicinity."

The document continues, "a high impact occupation has exterior evidence of business activity including, but not limited to customers, clients or sales representatives entering the premises; requires a sign or produces noise or odors."

The following will be considered high impact home operations: Two low impact home occupations carried on within the same dwelling unit, carried on by two residing family members, or the use is allowed in the zoning law for such district; and an occupation carried on in a residential accessory building by a residing family members and the occupation is carried on solely in the accessory building, or the use is allowed in the zoning law for each district."

Nobody spoke during the initial public hearing, which lasted for five minutes before the board moved forward with the regularly scheduled December meeting.


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