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HomeMy WebLinkAboutO-87-18ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 20A-6.1 (14) OF THE LAND DEVELOPMENT CODE AND THEREBY PLACING FURTHER RESTRICTIONS ON HOME OCCUPATIONS; PROVIDING AN EFFECTIVE DATE. SECTION That Subsection (14) of Section 20A-6.1 of the City of Sebastian Land Development Code, consisting of subparagraph (a) and subparagraph (b) (1) through (13), attached hereto as "Exhibit A" is HEREBY REPEALED. SECTION II That a new Subsection (14) of Section 20A-6.1 of the City of Sebastian Land Development Code, consisting of subparagraph (a) and subparagraph (b) (1) through (15), reading as follows: "14. Home Occupations: Applicable zoning districtsJ Home Occupations shall be a conditional use allowable in the following zoning districts: RE-40, RS-20, RS-15, RS-10, R-MH, RM-8, RM-12, COR, MCR and GMC. Conditional use criteria. Home Occupations will be allowed provided the following conditions are continously met: (1) A home occupation shall be carried on entirely within a dwelling and only by members of the family permanently living therein. No person other than the members of the family residing on the premises shall be engaged in such home occupation. No more than one commercial vehicle shall be kept or parked on the premises in connection with such home occupation and such vehicle shall not have a carrying weight in excess of three quarters of a ton and shall not exceed twenty (20) feet in length. (2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes and shall not change the residential use thereof. (3) There shall be no change in the ouside appearance of the building or premises. No visible evidence of the conduct of such home occupation except a sign or signs that must be placed thereon as mandated by Florida Statute and any such sign shall be nonilluminated and mounted flat against the door or wall of the principal building at a position not more than two (2) feet distant from the main entrance of the residence. There shall be no display that will indicate from the exterior that the building is being utilized for any purpose other than that of a dwelling. (4) No home occupation shall be conducted in any accessory building or garage or anywhere on the lot, including storage of any materials, inventory, equipment, or supplies. (5) (6) (7) (8) (9) (10) (11) (12) No home occupation shall occupy more than twenty (20) percent of the first floor area of the residence, exclusive of the area of any open porch or attached garage or other space not suited or intended for occupancy as living quarters. All storage of materials, supplies, and inventory on the premises related to the home occupation shall be located within the area of such twenty (20) percent and such storage shall not comprise an area exceeding one hundred square feet. If there is any heavy equipment or vehicles other than the one vehicle noted in subsection (1), above, all such equipment and vehicles shall be stored on real property zoned for such storage. No commodity or product of any home occupation shall be delivered from the premises to any person or carrier. Any such product or commodity shall be moved from the premises by a person who is described in subparagraph (1) above. A reasonable amount of deliveries of materials may be delivered to the premises by a carrier, but such deliveries shall not exceed the number of deliveries that may be considered normal for any residence that does have a home occupation. No traffic shall be generated by any home occupation in greater volume than would normally be expected to a residence in the immediate neighborhood. No mechanical equipment or electrical equipment shall be employed or stored on the premises other than equipment found in a residence associated with a hobby or vocation conducted for no monetary gain or profit. All such equipment must be located within the twenty (20) percent area noted in subparagraph (5), above. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable by the normal senses from off of the premises. No equipment or process shall be used which causes visible or audio interference in any radio or television receivers, telephones, organs, or other similiar items off of the premises. No home occupation except an address of convenience shall be allowed except in a fully detached single family residence. A home occupation is subject to all applicable city occupational licenses and other business taxes. Each applicant for a home occupation shall submit to the City Clerk a sworn application on the then existing standard form with the fee set by resolution or ordinance of the City Council along with a recent photograph of the residence showing the entire front yard and all driveways and carports. No home occupation shall be construed to include personal services such as massage, cosmetology, barbering, beauty parlor or shop, tea room, food processing for sale, kennels, animal grooming, radio or television repair, furniture refinishing or building, cabinet making, boat building, automobile or other vehicle servicing, rebuilding or repair for others, metal fabrication or cutting employing welding or cutting torches, (13) (14) (15) child care facilities accommodating five (5) or more children, gift shops, funeral homes, medical or dental laboratories, showroom or display area, or any similar or reasonably similar to any of the above listed activities. If any home occupation requires a license or permit from the State of Florida or any agency thereof, the applicant for a home occupation permit shall provide the Building Official with a current, valid copy of any such permit or license before any such occupation shall be conducted. Any such license or permit from the State or any agency thereof shall be kept active and current. A home occupation that consists solely for the purpose of receiving phone calls, mail, or keeping business records of the home occupation in connection with any profession or occupation shall be considered as an "address of convenience". Failure to continuously comply with all provisions of this subsection "Home Occupations" and all other provisions of this Land Development Code applicable to conditional uses generally, and all conditions of any permit or license issued by the State of Florida or any agency thereof, shall be grounds for revocation of the home occupation permit by the Code Enforcement Board." IS HEREBY ENACTED. SECTION III This Ordinance shall be effective immediately upon final passage by the City Council. ATTEST: / Kathr~n M. O'Halloran City Clerk CITY OF SEBASTIAN, FLORIDA /~-~e~e Harri~ Mayor I HEREBY CERTIFY that Notice of Public Hearing on this Ordinance was duly published in the Vero Beach Press ~ as required by Florida Statutes; that such notice was published on the ~day of ~O~b~' , 1987; that a Public Hearing on this Ordinance was held at City Hall of the City of Sebastian on thel~ay of ~O~a~~ , 1987, at approximately 7:00 P.M., and that following said public hearing this ordinance was passed by the City Council of the City of Sebastian, Florida. Kathr~ M. O'Halloran · City Clerk Approved as to Form and Content: 3