Conclusions of Law 

1.         Applicants’ home concerts constitute a use of prima facia business character that is a prohibited use in the Residential-4 Zoning District pursuant to Raleigh City Code Section 10-2017. 

2.         Applicants’ home concerts are temporary events that are not permitted in the Residential-4 Zoning District; therefore, pursuant to Raleigh City Code Section 10-2072, they must be limited to no more than 3 temporary events in any one calendar year. 

3.         The interpretation by the Zoning Enforcement Administrator that Applicants’ home concerts violate Raleigh City Code Sections 10-2017 and10-2072 is upheld. 

4.         Applicants are not required to obtain a special use permit for Applicant Bett Padgett to teach guitar lessons because her existing home occupation permit allows her to teach no more than 5 students at any one time. 

Motion 

Chairman McBennett moved that the Board overturn the City’s interpretation that it is a prima facia business.  His motion was seconded by Mr. Coble for the sake of discussion.  The motion was put to a vote with results as follows:  Ayes – 1 (McBennett); Noes – 4 (Figgins, Jeffreys, Van De Carr, Coble).  The motion failed. 

Mr. Coble moved to deny the appeal and to uphold the City’s interpretation of the ordinance indicating this is a prima facia business which is therefore prohibited by the code in this zoning district.  His motion was seconded by Mr. Jeffreys and put to a vote which passed 4 (Figgins, Jeffreys, Van De Carr, Coble); Noes – 1 (McBennett)