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HomeMy WebLinkAboutO-25-10 Home Based BusinessesORDINANCE NO.O-25-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-7.21 HOME OCCUPATIONAL LICENSES TO HOME BASED BUSINESS TAX RECEIPTS TO BE IN COMPLIANCE WITH FLORIDA STATUTES; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian hereby finds that it is in the public interest to modify and update certain provisions of the code relating to Home Occupational Licenses; and WHEREAS, the Sebastian City Council has determined that it is in the best interests of and would serve to promote and protect the public health, safety, and welfare to regulate the location and operation of Home Occupational Licenses in the City; and WHEREAS, the Sebastian City Council has the responsibility and authority pursuant to the City's home rule powers to determine uses that are suited for particular zoning categories and land use categories within the City; and WHEREAS, the Sebastian City Council finds the adoption of this Ordinance is in the public interest by serving to promote and protect the public health, safety, and welfare and otherwise serves a municipal purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. Adoption of Recitals/Advertising. The above recitals are hereby adopted as true, correct and found to be the legislative intent of the City Council of the City of Sebastian. Further, all advertising and public notice requirements have been timely made. Section 2. Textual Amendment. The Laud Development Code, City of Sebastian, Florida, is hereby amended as follows: Sec. 54-2-7.21. Home -Based Businesses. (a) Authorizations. Home -Based Businesses are permitted in any dwelling unit subject to the following provisions. The use of the premises, including the dwelling, for the Home -Based Business shall be clearly incidental and subordinate to its use for residential purposes and shall not change the residential use thereof. (b) Provisional criteria. Home -Based Businesses shall be permitted uses, subject to the requirements of this section: (1) Home -Based Businesses may operate in any area zoned for residential use. (2) Parking related to the business activities of the home -based business must comply with local zoning requirements: (a) Parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted; and (b) Associated vehicles or trailers may be operated or parked at the Home -Based Business so long as parked in legal parking spaces that are not: located within the right- of-way, on or over a sidewalk, or on any unimproved surfaces at the residence; and (c) Heavy equipment at the business which is visible from the street or neighboring property may be operated or parked at the Home -Based business so long as parked in legal parking spaces that are not: located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. For purposes of this paragraph, the term "heavy equipment" means: commercial, industrial, or agricultural vehicles, equipment, or machinery. (3) There shall be no change in the outside appearance of any structure located on the premises to indicate a Home -Based Business other than permissible signage as allowed by relevant local or state regulations. (4) There shall be no evidence of the conduct of the Home Based Business visible from the exterior of the dwelling or other structures located on the premises nor any display that will indicate, from the exterior of the dwelling or any other structure, that the premises are being utilized for any purpose other than as a residence except as provided for herein. (5) The home based business may not conduct retail transactions at a structure other than the residential dwelling other than incidental business uses and activities which may be conducted at the residential property. (6) All business activities must comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors. (7) All business activities must comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids. 2 (8) A Home -Based Business is subject to all applicable city business taxes as set forth in PART II - CODE OF ORDINANCES - Chapter 30 BUSINESSES of the City of Sebastian, except as specifically preempted by state or federal law. Section 3. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 4. Conflicts. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Codification. The sections of the Ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 6. Scrivener's Errors. Sections of this Ordinance may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 7. Effective Date. This Ordinance shall become effective immediately upon its adoption by the Sebastian City Council. The foregoing Ordinance was moved for adoption by Councilmember Dixon . The motion was seconded by Councilmember Nunn and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan aye Vice -Mayor Fred Jones aye Councilmember Kelly Dixon aye Councilmember Ed Dodd aye Councilmember Christopher Nunn aye 3 th The Mayor thereupon declared this Ordinance duly passed and adopted this $day of3mrc, 2025. ATTEST: WQ A TTE WiLLIAMS, MMC CITY CLERK CITY OF SEBASTIAN, FLORIDA By: //L/ O vb _ BOB�MCPf RTLAN, MAYM� Approved as to form and legality for reliance by t e City of S bastian only: pt? ER COCKCROFT, ESQ., BCS Y ATTORNEY