24-1606 Amending Code of Ordinances to Change Home Occupations to Home Based Businesses

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(1) Home Based Business f/k/a Home Occupation means a business that operates in whole or in part from a residential property and that meets the criteria in Fla. Stat. 559.955 and this code. (21 In accordance with Fla. Stat 559 955, Home Based Businesses are not regulated or licensed in a manner that is different from other businesses, except that a permitted Home Based Business must meet the following criteria: (A) The employees of the business who work at the residential dwelling must also reside in the residential dwelling except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling. (B) Parking related to the business activities of the Home Based Business must comply with City zoning requirements in the residential zoning category found in Article X, Section 3-10.9, and the need for 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. The use of vehicles or trailers operated or parked at the business or on a street right-of-way are regulated in Article X, Section 3- 10.9. Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk or on anyunimproved surfaces at the residence The parking or storage of heavy equipment at the business which is visible from the street or neighboring property is regulated as provided in Article X, Section 3-10.9. For purposes of this paragraph, the term "heavy equipment" means commercial, industrial or agricultural vehicles, equipment, or machinery, and also means the same as both "Prohibited Vehicle" as defined in Section 3-10 9A and "heavy machinery" as defined in Section 5-21.2. (C) As viewed from the street, the use of the residential property must be consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a Home Based Business must conform to the residential character and architectural aesthetics of the neighborhood. The Home Based Business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. (D) The activities of the Home Based Business must be secondaiv to the property's use as a residential dwelling. (E) The business activities must comply with Article XVII, Nuisance Abatement, with respect to equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors Ordinance No. 24-1606 Page 2