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HomeMy WebLinkAboutOrdinance 2002-08 ORDINANCE NO. 2002-08 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 119 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO OCCUPATIONAL LICENSES; ELIMINATING SUBCONTRACTORS AND CONSULTANTS FROM THE DEFINITION OF EMPLOYEES; REVISING THE CATEGORY OF INSURANCE OFFICE/INSURANCE COMPANY; ELIMINATING SOLICITOR AS A PROFESSION SUBJECT TO THE LICENSURE REQUIREMENT; REVISING THE REPORTING REQUIREMENT TO EVERY OTHER YEAR RATHER THAN EVERY YEAR; REVISING PROVISIONS RELATED TO HOME OCCUPATIONAL LICENSE REQUIREMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. 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 166, Florida Statutes. SECTION 2. Section 119-3 of Chapter 119 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to read as follows (with additions double-underlined and deletions stricken): ~ 119-3. Definitions. For the purpose of this chapter, the following words shall have the meanings ascribed to them in this section unless the context requires otherwise: BUILDING OFFICIAL -- The Building Official of the City of Ocoee or his designee. CHARITABLE INSTITUTIONS -- Nonprofit corporations operating physical facilities in Florida at which are provided charitable services, a reasonable percentage of which shall be without cost to those unable to pay. 006.228988.1 EDUCATIONAL INSTITUTIONS -- State tax-supported or parochial, church and nonprofit private schools, colleges or universities conducting regular classes and courses of study required for accreditation by or membership in the Southern Association of Colleges and Schools, Department of Education or the Florida Council of Independent Schools. Nonprofit libraries, art galleries and museums open to the public are defined as "educational institutions" and eligible for exemptions. EMPLOYEE -- All full-time or part-time personnel, including nonprofessionals, principals and partners, and contract workers, subcontractors and consultants who worked for the business, occupation or profession during the prior twelve- month period beginning on May 1 of the previous calendar year and ending on April 30 of the current calendar year. Issuance of a paycheck shall be conclusive evidence that an individual is an employee. INVENTORY -- 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. LICENSE TAX CERTIFICATE and LICENSE CERTIFICATE -- The certificate or document to be issued by the Building Official evidencing payment of the license tax initially imposed and required for the issuance thereof. LICENSE YEAR or YEAR -- The twelve-month period beginning on October 1 of each year and ending on September 30 of the following year. MERCHANDISE -- Any goods, wares, commodities or items more specifically enumerated hereinbelow bought, sold or rented in the usual course of business or trade. MERCHANT -- 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, LP 006.228988.1 -2- gas or produce; and operators of restaurants, cafes, cafeterias, caterers or hotels. NUMBER OF EMPLOYEES -- Determined by adding the total number of paychecks issued for all full-time and part-time personnel, inclusive of nonprofessionals, principals and partners, and contract workers, subcontractors and consultants who worked for the business, occupation or profession during the prior twelve-month period beginning May 1 of the previous calendar year and ending on April 30 of current calendar year. A new business shall be taxed based on the number of employees as of opening day who are entitled to receive paychecks. OPEN-AIR VENDOR -- Any person who has goods, wares or merchandise for sale in a commercial zone in a location which is not completely enclosed. PEDDLER -- Any person who goes upon the premises of any private residence in the city, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this chapter. [Amended 10-15-1996 by Ord. No. 96-21] PERSON -- Any individual, firm, partnership, joint venture, syndicate or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver or other fiduciary, and includes the plural as well as the singular. REGISTERED VEHICLE -- Any motor vehicle as defined in Chapter 320, Florida Statutes, used in connection with or in furtherance of any business, profession or occupation. RELIGIOUS INSTITUTION -- Churches and ecclesiastical or denominational organizations or established physical places for worship at which nonprofit religious services and activities are regularly conducted and carried on, and shall also mean church cemeteries. RETAIL MERCHANT -- 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 or the State of Florida or any of their political subdivisions shall be considered wholesale sales. SALE -- The transfer of ownership or title or possession, transfer, exchange or barter, whether conditional or otherwise, for consideration. 006.228988.1 -3- SOLICITOR Any person v/ho goes upon the premises of any private residence in the city, not ha'/ing been invited by the occupant thereof, for the purpose of taking or attempting to take orders for the sale of goods, wares, merchandise or other personal property of any nature for future delivery, or for services to be performed in the future. [Amended 10 15 1996 by Ord. No. 96 U} WHOLESALE MERCHANT -- Any merchant who sells to another for the purpose of resale. SECTION 3. Section 119-5 of Chapter 119 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to read as follows (with additions double-underlined and deletions stricken): ~ 119-5. Classifications subject to tax; amount of tax. Unless specifically exempted from taxation for occupational licenses by the provisions of the Florida Statutes, the following classifications are subject to an occupational license tax as set forth below: Occupation Tax Advertising $147.00 Agents 105.00 Ambulance service 1 employee (or owner) 2 to 5 employees 6 to 15 employees 16 to 50 employees Over 50 employees Plus, per registered vehicle 75.00 125.00 17 5.00 225.00 275.00 15.00 Amusements Coin-operated machines Arcades Plus, each machine (up to $600) 75.00 75.00 15.00 Auction house/shop 600.00 006.228988.1 -4- Auctioneers 200.00 Daily 75.00 Automated tellers 125.00 Automobile detailing/car wash 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Barbershops or beauty salons 1 chair 75.00 Each additional chair 25.00 Tanning beds, per bed 50.00 Nails, per chair Electrolysis, per chair 100.00 Bakeries (wholesale or retail) 105.00 Plus, each service vehicle 15.00 Bar/lounges, independent 0-15 seats 100.00 15 to 25 seats 125.00 26 to 50 seats 150.00 Over 50 seats 175.00 Bonding agents 157.50 Bottling companies 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Brokers: securities 210.00 Brokers for materials, jobbers or 200.00 manufacturer's representatives Caterers 1 employee (or owner) 75.00 2 to 5 employees 125.00 006.228988.1 -5- 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Check cashing facility 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Clairvoyants and psychics 105.00 Cleaning services 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 17 5.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Coin-operated devices Per machine 15.00 Collection agencies 105.00 Contractors and subcontractors (no license shall be issued until a state certification or competency card is procured) 1 employee (or owner) 75.00 2 to 5 Employees 125.00 6 to 15 employees 17 5.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Commercial institutions (including banks, 500.00 trust companies, savings and loan associations and other commercial or lending institutions, but excluding mortgage companies) Credit agencies 105.00 006.228988.1 -6- Eating establishments (restaurants, cafes, snack bars, etc., including those operated in conjunction with another line of business; no license shall be issued until a license is procured from the Division of Hotels and Restaurants of the Florida Department of Business Regulation or Department of Agriculture and Consumer Services) o to 15 seats 16 to 25 seats 26 to 50 seats Over 50 seats Plus, each drive-through window Plus, bar/lounge Drive-in restaurants Delivery per driver Employment agencies Estate sales Daily Exhibition facility (mall, etc.) Flea market Plus, each booth Fruit and vegetable sales, retail and wholesale not grown by retailer Fuel dealers and distributors (including natural gas, bottled gas and oil) 1 employee (or owner) 2 to 5 employees 6 to 15 employees 16 to 50 employees Over 50 employees Plus, per registered vehicle Funeral homes/directors Garden and landscaping services (including nurseries, tree service, landscaping and lawn maintenance) 006.228988.1 -7- 100.00 125.00 150.00 175.00 150.00 75.00 400.00 10.00 210.00 200.00 75.00 500.00 75.00 25.00 105.00 75.00 125.00 175.00 225.00 275.00 15.00 210.00 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Gasoline filling stations 75.00 Plus, per pumping station [Amended 15.00 10-2-1996 by Ord. No. 96-17] Garbage collection and waste removal 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Golf Course 300.00 Driving Range 300.00 Harvesting of agricultural products 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Health spas/health studio/athletic clubs 200.00 (no license shall be issued until a current license, registration or letter of exemption is procured from the Department of Agriculture and Consumer Services) Insurance agent 60.00 Insurance office/Insurance company 75.00 Interior design 1 employee (or owner) 75.00 2-5 Employees 125.00 006.228988.1 -8- 6-15 Employees 175.00 16-50 Employees 225.00 Over 50 Employees 275.00 Itinerant merchants 210.00 Kennels (keeping 4 or more dogs) 210.00 Laundries and dry cleaners 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 17 5.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per coin-operated machine 2.00 Plus, per registered vehicle 15.00 Locksmiths/keysmiths 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 17 5.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 Lodging establishments (no license issued until a license is procured from the Division of Hotels and Restaurants of the Florida Department of Business Regulation) Fewer than 5 rooms or rental spaces 75.00 5 to 25 rooms or rental spaces 100.00 Over 25 rooms or rental spaces 350.00 Manufacturers 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Massage therapist 100.00 Merchants First $2,000 of inventory 75.00 006.228988.1 -9- Each $1,000 of inventory or fraction 2.00 thereof above $2,000 Mail order sales 75.00 Mortgage company 1 broker (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Additional brokers/agents 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Moving and hauling 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Plus, per registered vehicle 15.00 N ails Salon 75.00 Plus, each additional chair 25.00 Newspaper publication 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Nursing home/adult congregate living facility (no license issued until a license is procured from the Florida Department of Health and Rehabilitative Services) 10 rooms or fewer 100.00 Per each room over 10 10.00 Packing, processing and canning agricultural products, meats and fowl 1 employee (or owner) 75.00 006.228988.1 -10- 2 to 5 employees 6 to 15 employees 16 to 50 employees Over 50 employees Plus, per registered vehicle Parking facility Plus, per space Pawnbroker Peddler Pest control services (no license issued until a license is procured from the Florida Department of Agriculture and Consumer Services) 1 employee (or owner) 2 to 5 employees 6 to 15 employees 16 to 50 employees Over 50 employees Plus, per registered vehicle Photographer studio 1 employee (or owner) 2 to 5 employees 6 to 15 employees 16 to 50 employees Over 50 employees Printer 1 employee (or owner) 2 to 5 employees 6 to 15 employees 16 to 50 employees Over 50 employees Professionals (including architects, attorneys, accountants, health professionals, engineers, pharmacists and scientists) (no license issued until a license is procured from the Florida Department of Professional Regulations, if required, or other state agency 006.228988.1 -11- 125.00 175.00 225.00 275.00 15.00 75.00 1.00 200.00 105.00 75.00 125.00 175.00 225.00 275.00 15.00 75.00 125.00 17 5.00 225.00 275.00 75.00 125.00 175.00 225.00 275.00 regulating such professional) 1 employee (or owner) 2 to 5 employees 6 to 15 employees 16 to 50 employees Over 50 employees Pumping and dredging 1 employee (or owner) 2 to 5 employees 6 to 15 employees 16 to 50 employees Over 50 employees Plus, per registered vehicle Railroad companies Real estate rental, including living units, office space and storage space Plus each rental unit Real estate sales 1 broker (or owner) 2 to 5 employees 6 to 15 employees 16 to 50 employees Over 50 employees Sales representative/agents 2 to 5 employees 6 to 15 employees 16 to 50 employees Over 50 employees Rental agencies (goods and equipment) Rental automobiles Repair shop (not otherwise subject to tax) Schools, including nurseries, child-care facilities, colleges and other educational or training institutions (no license issued until a current license is procured from the appropriate regulating state agency) Florida Department of Education) 006.228988.1 -12- 75.00 125.00 175.00 225.00 275.00 75.00 125.00 175.00 225.00 275.00 15.00 472.50 75.00 7.00 75.00 125.00 17 5.00 225.00 275.00 75.00 125.00 175.00 225.00 275.00 157.50 225.00 105.00 105.00 Service and repair shops 1 employee (or owner) 2 to 5 employees 6 to 15 employees 16 to 50 employees Over 50 employees Plus, per registered vehicle Shows of all kinds, including circuses, vaudeville, minstrels, theatrical, traveling shows, exhibitions or amusement/fireworks enterprises, carnivals, rodeos, theatrical games or tests of skill, riding devices, dramatic repertoire and all other shows or amusements or any exhibitions giving performances under tents or temporary structures of any kind, whether such tents or temporary structures are covered or uncovered (no license issued for traveling shows until approved by the City Commission and proof of insurance with minimum coverage of $100,000 is procured) Sign companies 1 employee (or owner) 2 to 5 employees 6 to 15 employees 16 to 50 employees Over 50 employees Plus, per registered vehicle Solicitors Studios (recording, filming, processing, testing, sound or film) 1 employee (or owner) 2 to 5 employees 6 to 15 employees 16 to 50 employees Over 50 employees Tailor 006.228988.1 -13- 75.00 125.00 175.00 225.00 275.00 15.00 210.00 75.00 125.00 175.00 225.00 275.00 15.00 105.00 75.00 125.00 17 5.00 225.00 275.00 105.00 Tanning Salon 75.00 Plus, each additional bed 25.00 Telegraph companies 393.75 Telephone solicitation/telemarketing 210.00 (no license shall be issued until a current license or registration is procured from the Department of Agriculture and Consumer Services or a current affidavit of exemption is provided) Telephone answering service 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 17 5.00 16 to 50 employees 225.00 Over 50 employees 275.00 Theaters 1 to 50 seats 75.00 Per seat over 50 0.50 Drive-in 75.00 Plus, per speaker/space 1.00 Ticket sales 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Travel agent (no license shall be issued until a current registration or letter or exemption is procured from the Department of Agriculture and Consumer Services) 1 employee (or owner) 75.00 2 to 5 employees 125.00 6 to 15 employees 175.00 16 to 50 employees 225.00 Over 50 employees 275.00 Independent agent 006.228988.1 -14- 1 employee (or owner) 2 to 5 employees 6 to 15 employees 16 to 50 employees Over 50 employees Utilities Cable television companies Electric power companies Telephone companies Water/sewage treatment facility Unclassified (all businesses, occupations or professions not otherwise classified herein) 1 employee (or owner) 2 to 5 employees 6 to 15 employees 16 to 50 employees Over 50 employees Plus, per registered vehicle Vehicle sales and service (including automobiles, boats, mobile homes and motorcycles) Vending machines Per machine Warehouse storage o to 2,000 square feet Each additional 1,000 square feet Well driller 1 employee (or owner) 2 to 5 employees 6 to 15 employees 16 to 50 employees Over 50 employees Plus, per registered vehicle 006.228988.1 -15- 75.00 125.00 17 5.00 225.00 275.00 360.00 625.00 375.00 300.00 75.00 125.00 175.00 225.00 275.00 15.00 236.25 15.00 75.00 7.00 75.00 125.00 175.00 225.00 275.00 15.00 SECTION 4. Section 119-10 of Chapter 119 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to read as follows (with additions double-underlined and deletions stricken): ~ 119-10. Renewal; when due and delinquent; delinquency penalty rates; recovery of costs of collection. A. Licenses to be renewed hereunder shall go on sale beginning August 1 of each year and shall be due and payable on September 30 of each year and shall expire on September 30 of the succeeding year. Any license not renewed on or before September 30 shall be considered delinquent and subject to a delinquency penalty of ten percent (10%) between October 1 and October 31, plus an additional five percent (5 %) for each month of delinquency thereafter until paid, provided that the total delinquency penalty shall not exceed twenty-five percent (25 %) of the occupational license tax. B. Unless otherwise expressly provided herein, all \veekly license taxes shall be deemed delinquent if not paid on or before the close of business of the second day after the date upon which the license tax became due; and daily license taxes shall be deemed delinquent if not paid on or before 12:00 noon of each day on and for '.vhich the license tax is due. fiG. Any person owing delinquent occupational license taxes shall be required to pay such delinquent license taxes before being issued a new license tax certificate. eg. In any instance where an initial license is to be issued to a new business during the license year, the Building Official shall forward an invoice to the licensee for payment, unless payment has been received at the time of application. A date for payment without penalty shall be established on the invoice. Should payment not be received within the time specified, the delinquent penalty rates described above shall be enforced. De. Any person who engages in any business, occupation or profession covered by this chapter who does not pay the required occupational license tax within one hundred fifty (150) days after the initial notice of tax due is sent and who does not obtain the required occupational license is also subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty equal to two hundred fifty dollars ($250.), such penalty being in addition to the delinquency penalty set forth in Subsection A above. gF. Any person who engages in or manages any business, occupation or profession without first obtaining an occupational license, if required, is subject to a penalty equal to twenty-five percent (25 %) of the license tax due, in addition to any other penalties provided in this chapter, by other ordinance or by law. 006.228988.1 -16- SECTION 5. Section 119-17 of Chapter 119 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to read as follows (with additions double-underlined and deletions stricken): ~ 119-17. Report of information by taxpayer; authorization for investigation. A. Each person required to pay a license tax hereunder shall report all the information necessary for a proper determination of the amount of the license tax due. No occupational license shall be issued unless the federal employer identification number or social security number, evidence of fictitious name registration, if applicable, pursuant to Section 205.023, Florida Statutes, and exhibition of state license or registration, if applicable, pursuant to Section 205.194, Florida Statutes, is provided to the city for the person to be licensed. B. Every person engaged in business as a merchant, as defined herein, shall submit a sworn statement on or before the first day of July of each odd-numbered year (ie, July 2001. Julv 2003, etc.) setting forth the value of such merchant's inventory as of May 1 of such year. C. Every person engaged in a business, occupation or profession, the license fee for which is based upon the number of units of a specified item, shall submit a sworn statement on or before the first day of July of each odd-numbered year setting forth the number of such units as of May 1 of such year. D. Every person engaged in a business, occupation or profession, the license fee for which is based upon the number of employees employed therein, shall submit a sworn statement on or before the first day of July of each odd-numbered year setting forth the number of employees. E. Every person engaged in a business, occupation or profession, the license fee for which is based, in part, upon the number of vending machines, coin-operated machines or amusement coin-operated machines therein, shall submit a sworn statement on or before the first day of July of each odd-numbered year setting forth the highest number of such machines located on the business premises on any single day during the previous licensing year or, in the case of a new business, shall set forth the estimated highest number of such machines for the current licensing year. F. The City Manager or the City Manager's designee may furnish forms for the filing of such return as are required herein and may require the giving of any information necessary to determine the proper amount of license tax due. In the event that the information to be provided on the form or otherwise requested by the city is not furnished in the time period provided in such form or other request, then the highest license tax applicable to the appropriate classification shall be due for issuance of the occupational license for the year in which the form is due and for the subsequent year. However, in the event a person does not furnish the form to the City in the time period provided and the then highest license tax is applied for the remainder of the year, that person may submit such form on the next year to 006.228988.1 -17- provide the information necessary to determine the proper amount of license tax due for such even-numbered year notwithstanding that the form is only required to be submitted on odd- numbered years and in such event the license tax shall be based on such reported information rather than the highest license tax applicable. G. The City Manager or the City Manager's designees may make such investigation and inspection of the place of business and records of the licensee as may be necessary to verify any return or determine the proper amount of license tax due. The City Manager or the City Manager's designees may also demand documented proof of the inventory, units, vending machines, coin-operated machines, amusement coin-operated machines and/or employees upon which to base the license tax, which documentation shall be provided by the accountant who normally audits the licensee's business or by the owner or an employee if there is no accountant. H. Prior to October 1. 2001 the City required that the information referenced in subsections B, Co D, and E of Section 119-17 above be filed annually by the first day of July of each year. It is the intent of this section to provide for a transition to filing on odd- numbered years only, with the next filing being due July 1, 2003. In connection with this transition, the information required to be filed by July 1, 2001 shall be used to determine the occupational license fee due by September 30, 2001 and by SePtember 30, 2002. SECTION 6. Section 119-28 of Chapter 119 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to read as follows (with additions double-underlined and deletions stricken): ~ 119-28. Home occupational licenses. Citizens with a home occupation are required to obtain a license in accordance with this section. A. Zoning districts permitted uses. Home occupations are only permitted in the zoning districts as provided in Chapter 180 of this Code. B. Home occupation rules and regulations. (1) No person other than member of the family residing on the premises shall be engaged in such home occupation. (2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and shall under no circumstances change the residential character thereof. 006.228988.1 -18- (3) There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation. (4) No home occupation shall be conducted in any accessory building. (5) No home occupation shall occupy more than twenty percent (20%) of the first floor area of the residence, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. No rooms which have been constructed as an addition to the residence nor any attached porch or garage which has been converted into living quarters shall be considered as floor area until two (2) years after the date of completion thereof, as shown by the records in the City Building Department. (6) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood and as permitted in Chapter 180 of this Code, and any need for parking generated by the conduct of such home occupation shall be met as provided in Chapter 180 of the Code. (7) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or 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 audible interference in any radio or television receivers off the premises or cause fluctuations in line voltage off the premises. (8) The giving of individual instruction to one (1) person, such as instruction given by an art or piano teacher, shall be deemed a home occupation. (9) Fabrication of articles such as are commonly classified under the terms "arts and handicrafts" may be deemed a home occupation, subject to the other terms and conditions of this definition. (10) Signs shall be prohibited. (11) Persons engaged in home occupations for the purpose of receiving business mail relating to the home occupation are required to have a post office box to receive business mail. (12) No advertising shall be permitted using a residential address. (13) A home occupation shall be subject to all applicable city occupational licenses and other business taxes. 006.228988.1 -19- (14) If the city recel'/es evidence that the home occupation IS in violation of restrictive covenants affecting the property, the city may refuse to issue the home occupational license or, if issued, re','oke such license as provided in ~ 119 21. C. Home occupational license requirements. In addition to any other submittals required for an occupational license, the applicant shall also complete an application form to include: submit the following: (1) The total floor area of the dwelling unit. (2) The area of the room or rooms to be utilized in the conduct of the home occupation. (3) A notarized letter or affidavit setting forth the exact nature of the home occupation and confirming residency in the dwelling unit. (4) If the applicant does not own the residence, a notarized letter of approval for the home occupation from the property owner and/or property manager. (5) Proof of notification by registered, return receipt mail, to all abutting property owners within one hundred fifty (150) feet, or a signed petition by all property owners '.vithin one hundred fifty (150) feet. SECTION 7. Codification. It is the intention of the City Commission of the City that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or re-lettered and the correction of typographical errors which do not affect the intent maybe authorized by the City Manager, without need of public hearing, by filing a corrected or re- codified copy of same with the City Clerk. SECTION 8. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any 006.228988.1 -20- 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 9. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND L~GALITY ,L this ~ day of I v1~ , 2002. FOLEYf?LA~NER. P By: l)'dt.J' { ~ City Attorney 006.228988.1 ri I q day of~, 2002. APPROVED: CITY OF OCOEE, FLORIDA $5~~r1t S. Scott Vandergrift, Mayor ADVERTISED March 7,2002 READ FIRST TIME March 5, 2002 READ SECOND TIME AND ADOPTED fvLt l c It I 't , 2002 UNDER AGENDA ITEM NO. JZl &.3. -21-