Situation: two homes next door to one another in a single family residence are owned by one family. The wife says she lives in both full time and should be considered eligible to run a residential day care out of the second home. Here's the problem, the second home is mostly empty except for children's toys. They have installed a gate between the two residences that allows them to pass over property lines freely, but if they aren't actually living in the second home (no clothes, toiletries, or anything of that nature that makes a house appear to be lived in), only conducting a business for compensation how can the business be considered an accessory use? She's maintaining she lives in both homes full time. Another point, the first house was bought 5 years prior to the other house.
Would you say both shoudl be considered primary dewlling units, or would you think the second home is being used for commercial purposes and is not an accessory use to the primary function of the home.
Arguments both for and against are welcome.