§ 62-1155. Zoning approval for business tax receipt; approval of home occupations.

(a)

Zoning approval for business tax receipt. Whenever any person, firm or corporation -requests a zoning verification from the zoning division in order to obtain a business tax receipt, the zoning official is authorized to require adequate proof of ownership of the property in question. The information required is that deemed necessary by the zoning official to ensure that the proposed business will operate from the location given by the applicant. Such documentation may include copies of the deed to the property, a letter from the owner of record consenting to the applicant's proposed business on the owner's property, and copies of lease agreements, contracts or other pertinent data. Any person falsifying documents or providing false information for the purpose of obtaining zoning approval for a business tax receipt shall be subject to prosecution and a fine not to exceed $500.00 or imprisonment in the county jail for a period not to exceed 60 days, or both such fine and imprisonment.

(b)

Approval of home occupations.

(1)

For purposes of this section, a home occupation is defined as any occupation where work is performed in the home in connection with which there is no commodity sold upon the premises, no more than one person employed other than a member of the immediate family residing upon the premises, and no mechanical equipment used except such as is normal in a residence or might be used incidental to hobbies (such as small drills, sanders, etc.). A nonilluminated window or wall sign of one square foot or less may be permitted. Such home occupations are permitted in all of the residential zoning classifications. The principal use and appearance of the structure shall continue to be that of a residence.

No home occupation shall produce traffic, noise, smoke, dust, odors, vibration, heat, glare, fumes, electrical interference or other nuisance, in amounts detectable to normal sensory perception, beyond that which is common to a residential area. No toxic or combustible materials shall be stored on site. All work activities and all storage of products, equipment or materials shall be conducted entirely from inside an interior space.

Home occupations include architects, accountants, dental lab technicians, engineers, real estate brokers, real estate appraisers, interior decorators, fishing guides, computer generated work such as graphics, programming, desktop publishing and typesetting; domiciliary activities, insurance claim adjusters and other professional services, sales promotions and demonstrations of personal items that are identified with single-family uses, cottage industries as defined below, and other similar occupations as determined by the zoning official, providing that in no way to be construed as wholesale or warehousing.

Occupations such as doctors, chiropractors, massage therapists, home care nurses, psychologists, psychiatrists, therapists and veterinarians are permitted only if no patients are treated in the home. Such occupations shall make house calls only. Lawn care services are permitted as home occupations provided all equipment is stored in an enclosed structure. Landscaping, bail bondsmans, distributorships, contractors and the building trades shall not be considered home occupations.

"Cottage industries" are defined as small scale or hobby manufacturing, assembly or production of handmade goods or products, on a scale accessory to and compatible with residential use, using machinery or equipment commonly found in the home or in a residential garage.

The zoning official may require a public hearing before the planning and zoning board or a favorable written petition from all property owners within 500 feet of the lot or parcel when in doubt of interpretation of the definition set out in this subsection with respect to any proposed occupation. Any home occupation that generates traffic through visitation in volumes that would require an off-street parking area for more than two motor vehicles is prohibited.

(2)

A home occupation permit may be issued administratively or after public hearings as specified in subsection (b)(1). The public hearings shall require an application fee on the part of the applicant. The amount of such fee shall be set by resolution of the board of county commissioners.

Each license will be reviewed and renewed annually at the same time that business tax receipts are renewed. The grant or renewal of a license shall not be deemed to vest or otherwise entitle the licensee to continue a home occupation or cottage industry that is not in compliance with subsection (b)(1). In the event this section is repealed or amended, home occupations or cottage industries shall not be deemed to have vested status.

The application requirements shall be those specified in section 62-1151 for amendments to the official zoning map together with a description of the home occupation requested. The public hearing requirements shall be those specified in section 62-1151 for amendments to the official zoning map, except that the planning and zoning board shall make the final determination as to permissibility of the home occupation and no hearing shall be required before the board of county commissioners.

At the public hearing, the planning and zoning board may impose reasonable conditions to protect the surrounding community from adverse effects of the home occupation.

(3)

Home occupations performed on parcels of land consisting of five acres or more may have one or more of the criteria waived by the zoning official, except that there shall be no waiver granted to the requirement that no more than one person be employed other than a member of the immediate family residing upon the premises.

(4)

In all residential zoning classifications, where an existing single-family residential structure in excess of 8,000 square feet is located, such structure may be utilized for one or more of the following activities as a profit-making venture under this section, after a public hearing: civic fundraising events, private parties/dances, weddings, political fundraising events, civic and fraternal organizations functions or meetings. A public hearing shall be required as set forth in subsection (b)(1) of this section. The application for such public hearing shall include a list and description of all activities requested, and a site plan indicating the structure and the grounds, showing provision for parking areas commensurate with the activities specified.

(5)

If at any time it is determined that the character of the home occupation has changed such that it is no longer within the scope and intent as originally approved, is not incidental to the primary use of the home as a residence, or is no longer compatible with the character of the neighborhood, as evidenced by code enforcement determination, the terms of the zoning use permit shall be deemed violated and the business tax receipt may be revoked administratively and deemed void. Upon such an occurrence, renewal of the zoning use permit is possible only by planning and zoning board action.

(Code 1979, § 14-20.39; Ord. No. 94-27, § 1, 12-12-94; Ord. No. 96-13, § 1, 3-26-96; Ord. No. 2002-61, § 1, 12-5-02; Ord. No. 2007-003, § 12, 13, 2-20-07)

State law reference

Penalty for ordinance violations, F.S. § 125.69.

Editor's note

Ord. No. 2007-003, §§ 12, 13, adopted February 20, 2007, changed the title of § 62-1155 from "Zoning approval for occupational license; approval of home occupations" to "Zoning approval for business tax receipt; approval of home occupations."