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Zoning board upholds city interpretation: fenced outdoor pool does not qualify as 'fully enclosed' for home-occupation swim lessons
Summary
The City of Columbia Board of Zoning Appeals on Sept. 4 upheld the zoning administrator27s written interpretation that an outdoor pool enclosed by fence does not meet the UDO27s definition of a fully enclosed structure for home occupations, denying an appeal from Swim Columbia and the property owner.
COLUMBIA, S.C. — The City of Columbia Board of Zoning Appeals on Sept. 4 upheld a zoning administrator determination that an outdoor pool enclosed only by a fence does not qualify as a "fully enclosed" structure under the Unified Development Ordinance (UDO) for purposes of a home-occupation permit. The decision leaves in place restrictions that prevent a resident business operator from offering on-site private swim lessons at that address unless the activity is moved into a fully enclosed structure or off-site.
Why it matters: The ruling affects a long-running neighborhood dispute in the Lake Catherine area and will require the swim-lesson operator to shift lessons off the property or alter the property to meet the UDO standard. Supporters said the lessons provide an important public-safety service for children, including special-needs students; neighbors said the scale of activity and traffic have interfered with residential use.
The board27s action followed a full hearing that included legal argument, testimony from neighbors on both sides, and an executive-session attempt to obtain legal advice. Attorney Jeffrey Chambers, representing the appellant and property owners, told the board the outdoor pool had been…
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