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Home My WebLink AboutOrdinance 89-16 Ordinance No. 89-16 . AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, IMPOSING LICENSE TAX ON THE PRIVILEGE OF CARRYING ON OR ENGAGING IN CERTAIN BUSINESSES, PROFESSIONS OR OCCUPATIONS WITHIN THE CITY OF OCOEE, FLORIDA~ AMENDING THE PRESENT CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, FLORIDA RELATING TO OCCUPATIONAL LICENSE TAXES~ ADDING DEFINITIONS TO SECTION 13.3~ ADDING CLASSIFICATIONS TO SECTION 13.22; CREATING NEW SECTION 13.24-13.26 PERTAINING TO EXEMPTIONS; CREATING A NEW SECTION 13.27 PERTAINING TO REGISTRATION FEE; CREATING NEW SECTION 13.50- 13.58 PERTAINING TO PEDDLERS, SOLICITORS AND ITINERANT VENDORS AND CREATING NEW SECTION 13.100-13.103 PERTAINING TO HOME OCCUPATIONAL LICENSES~ ABOLISHING CHAPTER IV SECTION 1.2(4) (b) APPENDIX A ZONING SUPP. NO 1; ABOLISHING ORDINANCE #913; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, be it enacted by the people of the City of Ocoee, Florida. SECTIO~ ~ The City Commission of the City of Ocoee has the authority to, adopt this ordinance pursuant to Article VIII of the Constitution of the State of Florida, and Chapter 205 of the Florida Statutes. SECTION ~ The present Chapter 13.3 of the Ordinances of the City of Ocoee, Florida, is amended as follows: Code of hereby 13.3 DEFINITIONS For the purpose of this Ordinance, the following words shall have the meaning ascribed to them in this section, unless the context requires otherwise: . (a) Inventory. "Inventory" shall mean only those chattels consisting of items commonly referred to as goods, wares and merchandise which are held for sale or lease to customers in the ordinary course of business, including supplies and raw materials to the extent that they are acquired for sale or lease to customers in the ordinary course of business or will physically become a part of merchandise intended for sale or lease to customers in the ordinary course of business. All livestock shall be considered inventory. Items of inventory held for lease to customers in the ordinary course of business, rather than for sale, shall be deemed inventory only prior to the initial lease of such items. (b) License tax certificate; license certificate. "License tax certificate" and "license certificate" shall mean and include the certificate or document to be issued by the City Cler){, or the clerk's authorized depUty, evidencing payment of the license tax initially imposed and required for the issuance thereof. (c) License year or year. "License year" or "year" shall mean and include the twelve month period beginning on October first of each year and ending on September thirtieth of the following year. 1 (d) Merchandise. "Merchandise" shall mean any goods, wares, commodities or items more specifically enumerated hereinbelow, bought, sold or rented in the usual course of business or trade. . (e) Merchant. "Merchant" shall mean any person engaged in the business of selling merchandise at retail or wholesale. For the purpose of this chapter, the term "merchant" shall not include the operators of bulk plants or service stations engaging principally in the sale of gasoline and other petroleum products; those conducting distress sales; installation contractors; operators of manufacturing or processing plants selling only the products manufactured or processed therein; milk and dairy product distributors~ sellers of motor vehicles~ peddlers of fuel oil, gasoline, L.P. gas, or produce; and operators of restaurants, cafes, cafeterias, caterers or hotels. (f) Person. "Person" shall mean and include all domestic and foreign corporations, associations, syndicates, joint stock companies, partnerships of every kind, joint ventures, clubs, trusts and societies engaged in any business, occupation or profession sUbject to the provisions of this chapter. (g) Sale. "Sale" shall mean the transfer of ownership or title, or possession, transfer, exchange or barter, whether conditional or otherwise, for consideration. .' (h) Retail merchant. "Retail merchant" shall mean any merchant who sells to the consumer for any purpose other than resale, provided that, sales to manufacturers and sales to the United States Government, State of Florida, or any of their political subdivisions shall be considered wholesale sales. (i) Wholesale merchant. "Wholesale merchant" mean any merchant who sells to another for the of resale. shall purpose .i..il Reliqious institution. "Reliqious institution" shall mean churches and eccl~giastical or denominational orqanizations, ~ established physical places for worship at which nonprofit reliqious services and activities ~ regularly conducted and carried on, and shall also mean church cemeteries. . lkL Educational institutions."Educational institutions" shall mean state tax-supported or parochial, church ang non-profit private schools, colleqes or universities conducting regular class~s and courses of study required !or accreditation Qy or membership in the Southern Association of Colleges and Secondary Schools, department of education or the Florida Council of Independent Schools, nonprofit libraries, art galleries and museums open to the 2ublic ~ defined as educational institutions and eligible for exemptions. ill Charitable institutions."Charitab1e institutions" mean nonprofit corporations operating physical facilities in Florida at whi~h ar~ provided charitable services, ~ reasonable percentage of which shall be without cost to those unable to ~ 2 SECTION h The present ChC'lpter 13.22 of the Code of Ordinances of the City of Ocoee, Florida, is hereby ammended as follows: 13.22 CLASSIFICATIONS SU~JECr TO TAX Unless specifically exempted from occupational licenses by the provisions Statutes, the following classifications an occupational license tax as set forth taxation for of the Florida are subject to below: . ~ Advertising--------------------------------------- Agents-------------------------------------------- Amusements Coin Operated Machines------------------------- Arcades---------------------------------------- Auctioneers---------------------------------------- Daily------------------------------------------ $140.00 100.00 60.00 200.00 200.00 200.00 Automotive Repair (all types of automotive repai~ SEE SERVICE AND REPAIR 0' !! Bakery (Wholesale or Retail)---------------------- Each additional service vehicle---------------- Bonding Agents------------------------------------ 100.00 10.00 150.00 Broker: securities------------------------------- Bottling Companies-------------------------------- SEE MANUF. 200.00 Broker for materials, jobber, manufacturer's representative--------------------------------- Barbershop, beauty salon One Chair-------------------------------------- Each additional chair-------------------------- C Cleaning Service----------------------------------- No license issued until $1000.00 surety bond procured. Caterer------------------------------------------- Clairvoyant; psychic----------------------------- . Coin Operated Devices, 9-12. macldr!!'!s--------------- Qver 15 each machine------- Collection Agency--------------------------------- No lie~nse issued until $1000.00 surety bond procured. J 150.00 40.00 12.50 100.00 100.00 100.00 200.00 12~Q 100.00 Contractors & Sub-Contractors (competency cards required) (a) $5,000.00 bond or state certificate required: 1. General (commercial or residential)-- 2. House & Building Moving-------------- (b) $1,000.00 bond or state certificate required: . 1. Electrical--------------------------- 2. Plumbing----------------------------- 3. Subcontractors (carpenters, awning, flooring, glass, masonry, painting, plastering, tile, roofing, heating and air conditioning, swimming pools, etc.)-------------------------------- 4. Unclassified------------------------- Commercial Institutions (including banks, trust companies, savings & loans associations, other commercial or lending institutions)------------ Credit Agency------------------------------------- No license issued until $1000.00 surety bond procured. g E ~ Eating Establishments (restaurants, cafes, snack-bars, etc., including those operated in conjuction with another line of business) 1. 0-25 seats------------------------------ over 25 seats--------------------------- plus each drive-thru window------------- 2. drive-in restaurant--------------------- No license issued until license procured from Division of Hotels and Restaurants of Florida Department of Business Regulation. Employment Agency--------------------------------- No license issued until $1000.00 surety bond procured. [ fruit anq Vegetable sales, retail ?nd wholesale not grown Qy retailer----------~--------------- Fuel-dealers & distributors 1. Natural Gas--------------------------------- 2. Bottled Gas-------------------------------- 3. oil----------------------------------------- . Funeral homes, directors-------------------------- ~ Garden & landscaping service (including nurseries, tree service, landscaping, lawn maintenance)--- No license issued until $1000.00 surety bond procured. Gasoline filling station-------------------------- Garbage collection and waste removal-------------- No license issued until $1000.00 surety bond procured. 4 200.00 200.00 140.00 140.00 140.00 140.00 337.50 100.00 50.00 75.00 100.00 337.50 200.00 100.00 300.00 100.00 100.00 200.00 100.00 120.00 300.00 !i Harvesting, agricultural products----------------- Health spa, athletic club------------------------- !. 120.00 140.00 Insurance Agents---------------------------------- Such amount as may be permitted by Fla. Statute Sec. 624.507 or any successor provision thereto. . Insurance Companies------------------------------- Interior Design----------------------------------- Itinerant Merchant-------------------------------- ~ IS. Kennel (keeping four or more dogs)---------------- " 1. Laundries, drycleaners---------------------------- Plus each coin-operated machine---------------- Locksmith/keysmith-------------------------------- 50.00 100.00 200.00 200.00 100.00 1. 25 60.00 on temporary basis) Lodging Establishments, Public (renting of accommodations Less than 5 rooms or rental spaces----------- ~ to is rooms or rente% s~eee~--------------- ~ to 25 rooms or rental spaces--------------- over !~ rooms or rente% s~eees--------------- over 25 rooms or rental spaces--------------- No license issued until license procured from Division of Hotels & Resturants of Florida Department of Business Regulation. !1 . Manufacturer i~ i-3 BmD%OyeeS------------------------------ ~ 1-3 Employees------------------------------ Z~ 3-ie Bm~%oyees----------------------------- ~ 4-15 Employees----------------------------- 3~ ii-se BmD%OyeeS---------------------------- ~ 16-50 Ernployees---------------------------- 4. Over 50 Employees-------------------------- 50.00 6 Z ~ S.~ 62.50 izS~ee 250.00 31~se 50.00 6z~Se 100.00 izS~ee 150.00 250.00 Merchants 1. Fi~st $2,000.00 of inventory--------------- 57.50 2. Each $1,000.00 of inventory or fraction thereof above $2,000.00---------------------------- 1.56 5 Mail-order sales---------------------------------- Moving and Hauling--------------------------------- Each additional vehicle or unit over 5000 lbs gross weight----------------------------------- ri Newspaper publication------------------------------ . Nursing home, adult congregate living facility 10 rooms or less---------------------------- Each additional room------------------------ No license issued until license procured from Florida Dept. of Health & Rehabilitative Services. Q E Packing, processing, canning agricultural products, meats and fowl--------------------------------- Parking facility---------------------------------- Peddlers------------------------------------------ Pest control services----------------------------- No license issued until license procured from Florida Department q~ Health and Rehabilitative Services and $1000.00 surety bond obtained. Photographer-------------------------------------- Printer-------------------------------------------- Professions (including architects, attorneys, accountants, health professionals, engineers, scientists, etc.)------------------------------ No license issued until license procured from Florida Department of Professional Regulations if required, or other state agency regulating such professional. Pumping and dredging-------------.----------------- ;IS. Railroad companies-------------------------------- Ree~ Bstete Rente~ tine~tldin~ iivin~ tlnits, offiee speee, store~e speeet-------------------------- Real Estate Rental (includinq living units, office space, storaqe ~ace)-------------------------- Plus each rental unit------------------------------ 0-3 uni ts attached to homes tead-------------------- . Real Estate Sales Broker----------------------------------------- Sales Representative--------------------------- 60.00 100.00 10.00 100.00 100.00 6.25 300.00 100.00 100.00 100.00 100.00 100.00 140.00 100.00 450.00 ise7ee 50.00 6.25 -0- 140.00 60.00 Rental Agencies (goods & equipment)--------------- 150.00 Repair sncp (not otherwise subje~~ to tax)-------- 100.00 S Schools (including nurseries, child care facilities, colleges and other educational or training institutions------------------------------------ 100.00 No license issued until license procured from Florida Department of Education. Orange County regulations define "private nurseries and child care facilities" as those facilities serving five or more children. 6 Service and Repair shop 0-3 employees---------------------------------- 4-15 employees--------------------------------- 16-50 employees-------------------------------- over 50 employees------------------------------ Sign companies------------------------------------ Solicitors---------------------------------------- Studios (recording, filming, processing, testing, sound or film)------------------------------------ . Shows (including circuses, carnivals, theatrical or musical performances)-------------------------- No license issued for traveling shows until approved,by City Commission and $100,000.00 insurance bond procured. T Tailor-------------------------------------------- Telegraph companies------------------------------- Telephone solicitation---------------------------- Telephone answering service----------------------- .' Theaters 1. under 200 seats---------------------------- 2. 200 seats or more-------------------------- 3. Drive-in----------------------------------- !!. Utilities Cable television companies--------------------- Electric power companies----------------------- Telephone companies---------------------------- Water/Sewage treatment facility---------------- Unclassified (all businesses, occupations, or professions not otherwise classified herein)--- v Vehicles-Sales & service (automobiles, boats, mobile homes, etc.)----------------------------------- Vending machines o to 15 machines------------------------------- each additional machine------------------------ !'! . Warehouse storage 1. 0 to 5,000 square feet--------------------- 2. Each additional 1,000 square feet---------- We 11 Dri ll,er------------ ---------- - --------------- 75.00 100.00_ 150.00 250.00 100.00 100.00 100.00 200.00 100.00 375.00 200.00 100.00 125.00 250.00 281.25 120.00 625.00 375.00 100.00 150.00 225.00 200.00 12.50 200.00 6.25 200.00 Wrecker Service------------------------------------SEE SERVICE AND REPAIR 7 SECTION ~ Chapter 13.24 of the Code of Ordinances of the City of Ocoee, Florida is hereby created as follows: 13.2~ EXEMPTIONS-FAR~. AQUACULTURAL, GROVEJ HORTICULTURAL, FLORICULTURALr TROPIAL PISCICULTURAL, AND TROPICAL FISH FARM PRODUCTS. . No local occupational licen~~ shall be required of ~nY natural person fOK the privilege of engaging in the selling QK farm, ~gyac.!!J tu);:.~ grove, horticultural, floricultural, tropical piscicultural, or tropical fish farm products, or products manufactured therefrom, except intoxicatinq liquo~ wine, or beer, when such products were grown or ~oduced Qy such natural person in the state. SECTION ~ Chapter 13.25 of the Code of Ordinances of the City of Ocoee, Florida is hereby created as follows: 13.25 EXEMPTION-RELIGIOUS TENETS Nothinq license church. in this article sh~ll be construed to require ~ for practicinq the religious tenets of any SECTION ~ Chapter 13.26 of the Code of Ordinances of the City of Ocoee, Florida is hereby created as follows: "' 13.26 EXEMPTION-CHARITABLE, ETC., OCCASIONAL SALES, FUND-RAISINq~ ORGANIZATIONS; No occupational ~i~nse ~h~l~ be required of an~ charitable, reliqiousL fr~~exnal, youth, civic, servic~ or other such organizatio~ ~hen the organization m?ke~ occasional sales or enga~ in fund-raising projects when the projects ar.~ pgr(orme9. exclusively Qy the members thereof and when the proceeds derived !rom the actiy! ties are useQ. exclusively in the chari table, reliqi.ous, fraternaJ,_L YOlJ.!lk civic, and servj.ce activities of th~ organization. SECTION ~ Chapter 13.27 of the Code of Ordinances of the City of Ocoee, Florida is hereby created as follows: 13.27 REGISTRATION OF ORANGE COUNTY OCCUPATIONAL LICENSE, AND REGISTRATION OF PERSONS CLAIMING TO BE EXEMPT FROM THE PROVISIONS O~ SECTION 13.1. . ~ Any person who does not maintain ~ permanent business location Q:t::. b~~.nch office within the City shall register his Oran~ Coun~ Oc~upational License with the ~ity Clerk for the 2rivileqe of engaging in or manaqing any business, occJ!Pation or P'!"ofession within ihe City's jurisdiction. All said re~istrations shall expire on September 30 of each year. 8 . 1Ql All persons~ ?s ~efil!~~ irr section 13.1 of this code, claiming exemption trom the requirements of section 13.1 of this code must, before commencing any such activities in th~ City_Lo register with and obtain ~ certification of registration and exempt status from th~ City Clerk, applicants sha~l ~xhibit proof to the city Clerk that they are ~nti tIed .LCL such exemption, and ~ha~ they hold certificates of competency or licenses as may be required Qy any and al~ governmental agencies to permit engaging in tgg occupation, business or profession for which .!!.m2lJ:c?!.tJon Q-f exemption is made-L toqether with name and ~ermanent ~ddress of applicant and the person directly responsible for applicant's activities within the City, and such other dat~ deemed necessary Qy the Ci ty Clerk to Qrotect the City and its. citizens aqainst unlawful, fraudulent, or deceptive business practices Qr incompetent performance of services. ~ fee of Five Dollars ($5.00) to cover the costs of investigation of a~plicant and processing ot the application shall be paid to the City Clerk whe~ the application is filed, and shall not be returnable under any circumstances. SECTION ~ Chapter 13.50 of the Code of Ordinances of the City of Ocoee, Florida is hereby created as follows: 13.50 PEDDLERS, SOLICITORS, ITINERANT VENDORS The following words, terms and phrases, when used in this article, shal~ have th~ mean~nq ascribed to the~ i~ this section, except where the context clearly indicates ~ different meaning: .ill Agent." Aaen t" sha_ll !!l..~a!l ~ person engaged in ~ house-to-house canvas~ demonstratinq or taking orders for any goods, wares Qr merchanqise Q.!:. taking orders_ from samples where ggod~ ar~ to Q~ delivered later in the same manner, not in interstate commerce. Goods, wares ang merchandis_~ as !1sed in this article shall be held to include ~ Qhotograph ~Fd coupon~ or tickets good in whole or in part for. ~ photograph or other merchandise. l.Ql Open air vendor. "Open air vendor" shall mean any person who has qood_~ ware~_ 2!:. merc!1andise for sale in ~ commercial zone iQ ~ locatiqn wh~ch is not completely enclosed. 1f.l Peddler. "Peddler" sha.l.1. mean ~ person who ~ells goods, wares, or merchandis~ and the goods, wares or merchandise is not sold i~ oriqinal packages i~ interstate commerce but at retail, in small quantities, Qy means of house-to-hous~ or place-to-place canvass. . J...Q.l Solicitor. "Solici t_or~ shall mean any ~gent or peddler who is otherwise permitted to do business in the City, whether Q~ not ~uch agent or peddler who i~ engaged in interstate commerc~ and shall include all servicemen 9r repairmen who engage in any activity as a~ aqent or peddler, as defined in this section. SECTION ~ Chapter 13.51 of the Code of Ordinances of the City of Ocoee, Florida is hereby created as follows: 9 13.51 PROHIBITIONS It is unlawful for any individual solicitor, agent or peddler to: ~ Enter the premises of ~ business establishment for the soliciting orders ~or goods, personal services o~ information siqn is posted; private residence or purpose of sellinq or wares, or merhandise, ~hen ~ "No Solicitors" 1Ql Remain upon any premises after the owner or occupant requests the solicitor to depart; . ~ Approach back or rear ?oors or the sides ~ rear of residential premises. SECTION 10. Chapter 13.52 of the Code of Ordinances of the City of Ocoee, Florida is hereby created as follows: 13.52 PERMIT REQUIRED In addition to the occupational license required Qy section 13.22, agents, peddlers, canvassers, and solicitors as defined in section 13.50 shall obtain fro~ the Chief of Police ~ written permit to conduct business within the city. Open air vendors must obtain an occupational license as required of aqents, ~ddlers and solicitors in section 13.22 of this code. It sh~!.l be unlawful for any open air vendor to operate wit~out ~ regulatory permit qranted Qy the City CCl.mmis~ion. To ~mUY for such ~ permit, the vendor must personally appear before the City Commission and proyid~ the City Commission with specific information reqarding the location the vendor will y~ the !lame of the Q~ner of the property where the vendor will have his. ware~ for sale and proof of the owner's permission to ~ the. property, ~ description of the !:loods, wares or merchangise, the number of days and the daily hours the vendor. will be on the property selling and other appropriate information ~ requested Qy the City commission. !-he City Commission will evaluate requests for permits based on whether the vendor has ~he cons~nt of ~h~ property owner~ whether the QP.eration of the vending are~ caused traffic or parking hazards, whether th~ hours of sal~ ~ reasonable, whether the operatjon would aestheticallY detract from the area surrounding it and ~1!Y oth~r factors deemed pertinent with reqard to ~ particular location. SECTION 11 Chapter 13.53 of the Code of Ordinances of the City of Ocoee, Florida is hereby created as follows: . 13.53 PERMIT APPLICATION; CONTENTS Any person desiring 1Q s~~u~~.~ Qermit required p~ section 13.52 shall first make written application to the Chie~ of Police gn forms_ provided Qy the city and su~~/applications shall stat~ at least the followinq: ~ The name and address of applicant 10 ~ The name and addres~ 9.!. .!:he p-erson!?'y whom. such applicant is employed or who such applicant represents J.gL The lenqth Q.f time such applicant has been so employed Igl The place of residence and nature of employment of the applicant during the QLe~_~dinq year ~ The nature and character of the ~oods, wares, merchandise, or service~ to be offered !?y the applicant 1tl The personal description of the applicant . 19l Permit fee as require~ !?y section 13.22. Such application shall pe also accompanied Qy credentials and other ~ersonal references and identification as may be reasonably required !?y the City Commission, includi~ fingerprintinq, and photoqraphing. SECTION 12. Chapter 13.54 of the Code of Ordinances of the City of Ocoee, Florida is hereby created as follows: 13.54 ISSUANCE, EXPIRATION, EXHIBITION OF PERMIT ~ upon investiq~tion reasopably made, the chief of police ascertains and determines that the applicant for ~ permit required Qy section ~3.52, is ~ person of gQod moral character an~ proposes to engage in ~ lawful~ commercial or professional enterprise, the chief of police shall then issue th~ ~ermit. Such permit shall be ~ at all times !?y the a~plicant to whom issued when solicitinq or canvassing in the City and shall be exhibited Qy any such applicant whenever requested so to do !?y any police officer~ city official, or any person solicited. SECTION 1~ Chapter 13.56 of the Code of Ordinances of the City of Ocoee, Florida is hereby created as follows: 13.56 REVOCATION OF PERMIT All permi ts i-ssue9. sha,1!. b~ co.ndi tiQned upon complia.nce Qy the permi t tee wi th the ~harJ:er_ and Code of th~ Ci~ For viola tion ther~of the 2..ermi t shall be suspended or:. revoked in the manner pers~ri"bed. SECTION 14. Chapter 13.57 of the Code of Ordinances of the City of Ocoee, Florida is hereby created as follows: 13.57 DOOR-TO-DOOR PEDDLERS, SOLICITORS~ COMPLIANCE REQUIRED . It shall be unlawful for ~nY person to peddle, solicit, and/or canvass from. ~oor-to-door and/or to any homes ,_ residences, or busines~ establishments in the ~ity unless an~ until any person so desiring to pedd~~~ solicit, or canvass ~hal~ h~ve complied with each ang every of the terms ~nq corrditions of sections 13.53 throuah 13.56. 11 SECTION 15. Chapter 13.58 of the Code of Ordinances of the City of Ocoee, Florida is hereby created as follows: 13.58 EXEMPTIONS FROM PERMIT FEE All religious institutions-L educEtional institutions~ and charitable institutions defined in 13~ are not required to ~ ~ permit feeL. but ar~ required to obtain ~ permit as required in sect~on~ 13.50 through 13.57. SECTION 16. Chapter IV Section 1. 2 (4) (b) Appendix A Zoning Supplement Number 1 of the Code of Ordinances of the City of Ocoee, Florida is hereby abolished. . SECTION 17. Ordinance #913 of the Code of Ordinances of the City of Ocoee, Florida is hereby abolished. SECTION 18. Chapter 13.100 of the Code of Ordinances of the City of Ocoee, Florida is hereby created as follows: CHAPTER 13.100 HOME OCCUPATIONAL LICENSE Citizens with ~ home occupation are required to obtain ~ license in accordance with Section 13.100 thru 13.103 SECTION 19. Chapter 13.101 of the Code of Ordinances of the City of Ocoee, Florida is hereby created as follows: CHAPTER 13.101 ZONXNG DISTRICTS PERMITTED USES Horne occupations are ~rmitted only in R-1, R-1A, R- 1AA, R-1AAA, single family dwelling districts plus R-T-1 mobile home subdivision districts. SECTION 20. Chapter 13.102 of the Code of Ordinances of the City of Ocoee, Florida is hereby created as follows: CHAPTER 13.102 HOME OCCUPATION RULES AND REGULATIONS ~ No person other than member of the family residinq on the premises shall be engaged in such home occupation; ..LQl The use of the dWQllin.sr unit for occupation shall be clearly incidental and to its use for residential 2urposes Qy its and shall under no circumstances change the character thereof; the h01!le subordinate occupants.! residential ~ There shall be no ~hange in the outside appearance of the buildinq or premises, or other visible evidence of the conduct of such home occupation; lQl No home occupation ~hall be conducted in any accessory buildinq; . ~ No home occupatio~ shal~ occupy more than twenty ~ percent of the firs~ floor area of the residence, exclusive of the area of a~y open porch or attached qaraqe or similar space not suited o!:. intended for occupancy ~ living quarters. No rooms which have been constructed as an additio~ to the residence, nor any atta'ched porch or 9..araqe whif.h has been converted into living quarters, ~hall be fOI1!3igered as floor area untiJ:. two ill years afte~ the 9at~ of completion thereof, as shown Qy the records iQ the c~ building department; 12 1fl No traffic shall pe ~enerated Qy such home occupation in qreater volumes than would normally be expe7ted in ~ residential neighborhood, and any need for park1ng generated Qy the conduct of such home occupation shall be met off the street and other than in required front yard: . 19l No equipment or process shall be used in such home occupation which created nois~ vibrat~ gIa~fumes: odors, ~ electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no eQUIpment or process-shall be used which creates visual or aud!ble interference in any radio or television receivers off the premises, or cause fluctuations in line voltage off the premises: lhl The followinq sh~JJ not be considered home occupations: Beauty shops, p~rbershops, band instrument ~ dance instructor, swimming instructor, art studio for group instruction, public dining facility ~ tearoom, antique or gift shops, photographic studio, fortunetellinq, outdoor repait-t.. food processing, sal~ of antiques, retail sales, nurser~ school or kinderqarten. The qiving of qroup instruction shall not be deemed ~ home occupation: 1il The qiving of individual instruction to ~ person, such as instruction qiven Qy an art or piano teacher, shall be deemed ~ home occu~ation, provided however, that the provisions ot subp~raqraph lhl above shall apply to prohibiting indiyid~al instruction ~ ~ home occupation for those activiti.es listed in subparagraph lhl above: 1il Fabrication of articles such as are commonly classified under th~ terms ~~rts and handicrafts" may be deemed ~ home occupation~ subject to the other terms and conditions of this definition: 1kl Signs shall be prohibited~ 1!l Persons engaged in home occupations purpose of receiving business mail, relatinq to occupation, are required ~ Post Office Box to business mail: for the the home receive l.ml No Advertising shall be permitted usinq ~ residential address: 1nl A home occupatio~ shal~ be subject applicable city occupational Jicense and other taxes. to all business . 12l. The City ClerJi shall hay~ the riqht and authority to revoke any license ~ranteg under this ordinance to~ noncompliance with the ~~visions of this ordinance. SECTION 21. Chapter 13.103 of the Code of Ordinances of the City of Ocoee, Florida is hereby created as follows: CHAPTER 13.103 HOME OCCUPATIONAL LICENSE REQUIREMENTS ___~ _ a_ In addition to any othe~ s~Qm;tt~l~ required occupational license, ~he ~~licant shall also the following: for an submit 13 r ~ Name of business and owner's name; ..uu... Address ~ Location of dwellina unit where home occupation will be conducted: ~ Mailinq Address: ~ Total Floor area of dwellinq unit; 1Ql Area of ~ or rooms to be utilized in the conduct of the home occupation: . 19l Notarized letter of the exact nature of the home occupation; 11l Residential Affidavit siqned and notarized: l2.l. Notarized occupation from manaqer: letter of approval the property owner for the home and/or property 1hl Proof of notification Qy reqistered, return receipt mail, to all abuttina property owners within three hundred (300) feet, ~ ~ siqned petition Qy all property owners within three hundred (300) feet; 1il Permit fee as required in Chapter 13.22. SECTION 22. If ~ any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 23. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 24. This Ordinancf~ shall take effect immediately upon its final passage and adoption. ::~~E~F~_ Thomas R. Ison, Mayor (SEAL) Advertised: June 22 ,1989 First Reading: June 20 ,1989 . Second Reading and Adoption: J U Li ~- ,1989 FOR USE AND RELIANCE ONLY BY THE C~TY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THI'S~ DAY OFjl)l'{ , 1989. FOLEY & LARDNER, VAN DEN BERG, GAY, BURKE" ARKIN BY: .-----.......-=- ey 14