We want to thank Raleigh Inspections for meeting with us this past Friday because we were concerned that if we were a nuisance of any type for our neighbors (the N&O reported ‘a neighbor’s complaint) we would not want to continue with our House Concerts events even though ‘3’ are now legally permitted each year. We were able to talk with the city staff person that received the initial inquiries … and she affirmed that an unidentified caller made an inquiry to the department of inspections to see what procedures he had to go through with the city in order to have House Concerts.

We don’t know whether the ‘inquiries’ were for the purpose of establishing another House Concert venue ‘for their community’ or to bring attention that we were doing House Concerts ‘for our community. We hope that the inquiry was to expand music by promoting the arts, the artists and enhancing the community. The staff person that received the calls (there were more than one call from this person), stated that the inquirer wanted to ‘have concerts in his home, charge a fee, make a profit and have them every week’(which is NOT the spirit of house concerts). The City explained this is not allowed. The caller noted that concerts were being held at 1213 Dixie Trail … so why couldn’t they be allowed? There are no official documents of the actual calls.

The City – AS THEY SHOULD - then looked into our House Concerts – and the information on our House Concerts was that were right there on our webpage. We are very public on the Web and hid nothing since we are fortunate that we can bring incredible artists and art into the community, take no monies for expenses or profit, and share our home for an evening of community and incredible music. They investigated our activity (as the City is supposed to do) and cited us with a possible violation of having a ‘prima facia’ (on first glance looked like we were) business in our home …. While we may not agree with the decision, the City did what it was supposed to do.

This posting is for two reasons;
1) All events like gatherings in our homes (music, parties and otherwise) should be controlled by the nuisance laws and ordinances which we have in place. When they become a nuisance, the City should take proper recourse.
2) And to THANK all of our neighbors that have been so supportive over the decade and in many cases have come into our home for these concerts. And to reaffirm that while we have had no complaint of any nature that our concerts were a negative impact on the community, we would immediately cease and desist having these concerts were they to become a nuisance and detriment.

To recap the conclusion of the hearing:

Thank you to all of you who took time from your schedules, from work, and other activities to be present for the hearing. We appreciate your support tremendously and all of your kind words at the outcome.

Here is a statement from the City of Raleigh's zoning department:
"In Summary: 

• House concerts are prohibited in R-4 zoning districts based on being a prima facia business and the code does not specifically allow house concerts.
• The concerts are a way to advertise and market Ms. Padgett’s business of teaching guitar and the music label.
• The temporary event provision allows (3) one day concerts per calendar year without complying with the code requirements.
• Based on the size and frequency of the events the use is not compatible with a single family neighborhood.
• The schedule of permitted land use chart in the code requires other locations that charge a fee for music concerts such as nightclubs and concert halls to be in commercial zoning districts
• To change the number of temp. events allowed would require a code change which is not under the authority of the board.

I would ask the board to uphold the Zoning Administrator’s interpretation of this code section of a  house concert being a prima facia business. If the interpretation is reverse it will allow any number of concerts to be held from residential zoning districts through out the entire city not just this location.

not permit concerts in residential zoning districts and the caller made an anonymous complaint of 1213 Dixie Tr. An inspection was made and a notice of violation was issued of Raleigh Zoning Code Section 10-2017(c), prohibited uses, “Any use of prima facia business, commercial, or industrial character not otherwise specifically allowed in the District.” And RCC 10-2072 Home Occupational use permit. After further investigation the property owner also maintains a recording studio and sells CD’s from the home in violation of the code. "

The City tried to prove that:
We were selling tickets to the house concerts. Fact: we ask for donations to help the musicians recover their expenses. Sometimes people do not contribute, and sometimes they contribute MORE than the suggested donation.

I was hosting house concerts for the sole purpose of promoting my business as a music teacher. Fact: this simply is not true.

I require my students to attend the shows. Fact: this simply is not true.

I have a recording studio and sell CDs. Fact: my recording studio is a box that is ~ 6 inches high and 2 inches wide which is hooked up to a laptop computer and a microphone. I use it primarily to record MP3s for my students to practice with. I give away CDs as gifts and sell very few. I don't promote myself very much. Music is something I enjoy sharing.

In the summary they say, "Based on the size and frequency of the events, etc"...when we met with the zoning staff in October the issue of size and exchange of money was irrelevant.

The Board of Adjustments concurred that I am NOT running a business of any kind here, but ruled on the exact interpretation of the citing rather than in the spirit of the law. So, they found us to, at first glance (meaning of prima facie) we look like a business, although we AREN'T one. Thus, we are limited to 3 concerts per calendar year.

We are weighing what our next steps should be. Your thoughts are appreciated.
Bill & Bett