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CASSELBERRY CITY COMMISSION Minutes of August 26, 2024 — Regular Meeting Page 6 of 15 Recommendation: The City Manager, the City Attorney, and the City Clerk recommended approval of Resolution 24-3454. Audience Participation: No one came forward to address Resolution 24-3454. MOTION: Commissioner Busch moved to approve Resolution 24-3454, as presented. Motion was seconded by Commissioner Divita. Motion carried unanimously by voice vote 4-0. 10. FIRST READING OF ORDINANCES A. First Reading of Ordinance 24-1606 — Amending, Repealing„ and Replacing Various Sections of City Code Relating to Home -Based Businesses The City Clerk read Ordinance 24-1606 by title, as follows: "AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 26, BUSINESS, ARTICLE II, LOCAL BUSINESS TAX, SECTION 26-45, LOCAL BUSINESS TAX SCHEDULE; AMENDING PART III, UNIFIED LAND DEVELOPMENT REGULATIONS, CHAPTER Il, DISTRICT AND GENERAL REGULATIONS, ARTICLE VII, GENERAL REGULATIONS, SECTION 2-7.17, HOME OCCUPATIONS; AND CHAPTER V, GLOSSARY, ARTICLE XXI, LANGUAGE AND DEFINITIONS, SECTION 5-21.2, DEFINITION OF TERMS; ALL TO CONFORM TO FLA. STAT. 559.955; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Staff Presentation: Chief Planner Antonia DeJesus stated that approval of Ordinance 24-1606 amending, repealing, and replacing various sections of the City's Code of Ordinances and Unified Land Development Regulations relating to home-based businesses is requested. Florida Statute 559.955 was recently enacted, and it preempts the field of regulation of home-based businesses to a great extent. Several provisions of the City Code are inconsistent with the statute and must be amended. The Planning and Zoning Commission, acting as the City's Land Planning Agency (LPA) voted unanimously 7-0 at its meeting on August 14, 2024 to recommend approval of Ordinance 24-1606 to the City Commission. The proposed amendment airs to bring the City's Unified Land Development Regulations (ULDR) into compliance by amending the following three sections of code: Amend Section 2-5.3, Land Use by District; Repeal and Replace Section 2-7.17, Home Occupations; and Amend Section 5-21.2, Definition of Terms. The first amendment simply changes the reference from "approved home occupation" to "home based business". The second amendment repeals and replaces Section 2-717, Home Occupations (now Horne -Based Businesses to a) include the definition of Home -Based Businesses; and b) to include regulations of home- based businesses, such as owner occupation of the residential dwelling unit; parking regulations; exterior modifications to the residential dwelling unit; ancillary use of the home-based business to the residential dwelling; compliance with Article XVII, Nuisance Abatement; compliance with Article X1, Environmental Protection; requirements of Florida license or permit prior to City Business Tax Receipt issuance, if applicable; regulation of signs in front of the residential dwelling unit; and requirement of a City Business Tax Receipt. The third amendment amends ULDR Section 5-21.2, Definition of Terms to define a Home - Based Business (Home Occupation) that refers to and complies with Florida Statute 559.955.