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"Exhibit A" is HEREBY REPEALED.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:
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