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Sue Note: The question has been raised by several residents as to what constitute a home business in the City of Magee as well as clean up questions.This is public information and can be shared with your constituents who have concerns. In some cases, there are code enforcement concerns about garbage, environmental hazards, or inoperable machines; these do not fall within the scope of zoning except as noted in Section 407. If your constituents have safety concerns about items specific to Section 407, investigative action can be initiated; however, in the absence of evidence of these specific items, no zoning violation can be presumed. In those cases, they need to first establish contact with Shane Steele at 769-220-2707 or shanesteele22@yahoo.com. I hope this information is helpful
Provided by PennyAguirre, City of Magee Zoning Commissioner
Home Occupation Zoning Clarification
Article II: Interpretations and Definitions defines home occupation thus:
“Any activity carried out for gain by a resident conducted as an accessory use in the resident’s dwelling unit or an accessory building.”
SECTION 406 – HOME OCCUPATIONS
Home occupations, as defined under Article II of this Ordinance, may be permitted in any district where residential uses are allowed, subject to the following limitations and such conditions as may be determined by the Mayor and Board of Aldermen for the protection of the health, safety and welfare of the citizens of City of Magee:
406.01 Display and Storage: No storage or display of materials, goods, supplies, or equipment related to the operation of a home operation shall be visible from the outside of any structure located on the premises.
406.02 Maximum Area: Not more than twenty five percent (25%) of the floor area of the dwelling shall be used for the conduct of the home occupation. Any accessory building used in connection with the home occupation shall not exceed 400 square feet in area.
406.03 Traffic and Parking Restrictions: No traffic shall be generated by such home occupations in greater volumes than would normally be expected in a residential neighborhood (as determined by the Zoning Administrator), and any need for parking generated by the conduct of such home occupations shall be met off the street and other than in a required yard. Furthermore, an ample amount of such off street parking shall be provided as determined by the Zoning Administrator at the time of the application for a building permit or change of use permit. Walk in retail sales are prohibited. Sale of goods or services shall be by appointment only.
406.04 Exterior Lighting: There shall be no exterior lighting which would indicate that the dwelling and/or accessory building is being utilized in whole or in part of any purpose other than residential.
406.05 Signs Relating to Home Occupations: See Article XXIV.
406.06 Other Provisions: No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, or odors detectable to the normal senses outside of the dwelling unit or accessory building in which the occupation is conducted. No equipment or process shall be used in any home occupation which creates visual or audible electrical interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
406.07 Privilege License: Existing and new home occupations are required to have a privilege license in accordance with state law. A building permit (if construction is necessary in connection with proposed home occupation) or a change of use permit (if no construction is necessary) must be obtained from the Zoning Administrator prior to the initiation of a home occupation.
In addition, note these general regulations:
SECTION 407 – MISCELLANEOUS GENERAL REGULATIONS
407.01 Street Access Required: Every building hereafter constructed, moved, or structurally altered shall have direct access to a public (dedicated) street or to an approved (through a building permit issued by the Zoning Administrator) private street or parking area, and shall be so located as to provide safe and convenient access for servicing, fire protection, and required off street parking.
407.02 Fences, Walls and Hedges: Fences, walls, and hedges or other densely planted vegetation shall be permitted in any required side or rear yard or along the edge of any side or rear yard. Upon the effective date of this Ordinance, the erection of fences or walls and the planting of dense vegetation (hedges, etc.) in front yards in such a manner as to impede the vision of motor vehicle operators entering a public street shall be prohibited.
407.03 Parking and Storage of Derelict Vehicles: Vehicles that are wrecked, dismantled, partially dismantled, inoperable, abandoned or discarded and are not capable of being legally driven upon the streets of the City of Magee shall not be parked or stored on any commercial or residentially zoned property other than in completely enclosed buildings, nor shall such vehicles be parked on public streets.
407.04 Prohibited Uses: Within the City of Magee, no lot, land, premises, place or building shall be used, and no buildings or structures shall be erected or placed, which are arranged, intended, or designed for any use which generates environmental pollutants beyond a tolerable level by reason of excessive noise, odor, glare, vibration, smoke, dust, fumes, vapors, gases, liquid and solid waste, radiation, electrical emissions, danger from fire or explosion, or any other debilitating influence as defined by the U.S. Environmental Protection Agency as regulated by the Mississippi Department of Natural Resources, Bureau of Pollution Control and the Mississippi State Board of Health.
407.05 Materials and Growth Constituting Public Health and/or Safety Hazards Prohibited: No rubbish, salvage materials, junk or hazardous waste materials, including inoperable vehicles and parts and any combustible matter, shall be openly stored, allowed to accumulate or kept in the open, and no weeds or other growth shall be allowed to go uncut within any district when the same shall be determined by the appropriate City Official (the Zoning Administrator, Fire Chief, or other authorized City employee) or health official to constitute a menace to the public health and/or a safety.
407.06 Required Enclosure of Garbage Disposal Facilities: Upon the effective date of this Ordinance, all garbage disposal facilities (i.e., any container with a capacity of over 40 gallons) located on the site of existing (at the effective date of this Ordinance) or new multiple family residential uses, manufactured home parks, commercial, industrial or public/quasi-public uses shall be enclosed at least three sides by solid fencing or other material in a manner that prevents direct visibility of the garbage cans, dumpster, etc., from the street side (or sides) of such uses. Failure to maintain such garbage disposal facilities in a neat and sanitary manner shall constitute a violation of this Ordinance and be subject to the penalties imposed herein.
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