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2021-059 LDC Update for Home-Based Businesses ORDINANCE NO. 2021-059 (LDC Update for House Bill 403 Home-based Businesses) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SECTION 2-4 AND SECTION 5-17 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE, RELATING TO HOME-BASED BUSINESSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority, police power, land development and zoning authority, and governmental and proprietary powers necessary to conduct municipal government and perform municipal functions; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, House Bill 403 ("HB 403") was approved by the Governor on June 29, 2021 and became effective on July 1, 2021 amending Section 559.955, Florida Statutes (F.S.) relating to restrictions upon local governments regarding the local regulation of home-based businesses; and WHEREAS, on October 12, 2021, the Planning and Zoning Commission held an advertised and publicly noticed public hearing and recommended approval of an amendment proposed by staff to revise Sections 2-4 and 5-17 of the City of Ocoee Land Development Code ("LDC") in accordance with Section 559-955, Florida Statutes, relating to home-based businesses; and WHEREAS, following advertisement and a duly noticed public hearing on the Ordinance on November 16, 2021, the Ocoee City Commission approved the amendments to Sections 2-4 and 5-17 of the LDC; and WHEREAS, the Ocoee City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. AMENDMENT OF THE LDC. Sections 2-4 and 5-17 of the City of Ocoee Land Development Code are hereby amended to read as depicted in Exhibit "A" with underlines representing additions and strike-throughs representing deletions. SECTION 3. SEVERABILITY. 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 4. CODIFICATION. It is the intention of the Ocoee City Commission that the provisions stated in 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 relettered 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 relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this d/tay of flfflhembdr , 2021. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA 7AA .1%'0 1,js.41 Melanie Sibbitt, City Clerk Rusty Johns ayor (SEAL) ADVERTISED J/A/Ij71be/ 'y ,2021 FOR USE AND RELIANCE ONLY BY THE CITY READ FIRST TIME NO. >7 ,2021. OF OCOEE,FLORIDA;APPROVED AS TO FORM READ SECOND TIME AND ADOPTED AND LEGALITY N©j/.a7'7&/1 /49 ,2021. this I�}day of MCA/ , ,2021. UNDER AGENDA ITEM NO. /tp SHUFFIELD LOWMAN&WILSON,P.A. B _�� CI - omey -2- -4- EXHIBIT “A” Changes are hereby made to Sections 2-4 and 5-17, as follows, with underline representing additions and strike-through representing deletions: ARTICLE II *** § 2-4. - DEFINITION OF TERMS. *** (151) Heavy equipment: Commercial, industrial, or agricultural vehicles, equipment, or machinery. (154) Home Occupation: An occupation or a business operating in whole or in part from a residential property in an area zoned for residential use in accordance with Section 559.955, Florida Statutes, and that meets the criteria established in Section 5-17, Article V. ARTICLE V *** § 5-17. - HOME OCCUPATION. A. Employees, including proprietor/operator, of the business working at the residential dwelling must also reside in the dwelling, except that up to two (2) employees or independent contractors who do not reside at the dwelling may work at the residential dwelling or engage in other business activities at the residential dwelling or property. B. 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; C. 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 other than one (1) sign, not exceeding one (1) square foot in area, nonilluminated, mounted flat against the wall of the principal building at a position not more than two (2) feet distance from the main entrance to the residence; D. No traffic or parking, including parking of heavy equipment associated with the home occupation, shall be generated by such home occupation in greater volumes than would normally be expected for a residential dwelling without such home- occupation or business. Any need for parking generated by the conduct of such home occupation or business shall be provided on-site and may not be within the right-of-way, on or over sidewalks, on any unimproved surface, or within the required front yard. Heavy equipment as defined in Article II must be completely screened from view from the street and adjacent properties with six (6) feet of opaque screening material; -5- E. No equipment, process or activities shall be used or conducted for such home occupation in the dwelling, in an accessory structure or on the residential property which create noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off of the lot in which such activities are conducted. 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 causes fluctuations in line voltage off the premises; F. Retail transactions shall not be conducted in any structure on the residential property other than the principal dwelling. Incidental business uses and activities may be conducted in any accessory building or on the property so long as such uses and activities are completely screened from view from the street or adjacent properties. G. There shall be no display of goods or advertising visible from the street. H. The following home occupations shall not be permitted: 1. Uses or activities, including retail transactions, which generate traffic and parking greater than those generated by a single-family residential home without a home-occupation or home-based business; 2. Uses or activities involving manufacturing or wholesale distribution of goods and services; 3. Uses or activities which involve the use, storage or disposal of harmful, noxious, combustible, flammable or other noxious or hazardous materials; and 4. Uses or activities which change or otherwise result in the change to the character and appearance of the dwelling as primarily a residence and which affect the residential character of the surrounding neighborhood. I. Offices of convenience (such as attorneys, accounting, professional office or office-based functions, telehealth, writing/editing, etc.), handyman/general household services, and the giving of individual instruction, such as art, photography, music, dance or piano teacher, shall be deemed a home occupation, provided, however, that the provisions of this Section can be met. J. Fabrication of articles such as are commonly classified under the terms "arts and handicrafts" and cottage food operations, in accordance with Section 500.80, F.S., may be deemed a home occupation, subject to the provisions of this Section; K. A home occupation shall be subject to all applicable City business taxes under Chapter 205, F.S., and L. The Development Services Director shall have the authority and responsibility to revoke any home business tax receipt and/or to pursue other remedies as provided in the Land Development Code if any of these provisions are violated. The Following Pages Indicate Strikethroughs showing Deletions and Underlines showing New Language as adopted. EXHIBIT "A" Changes are hereby made to Sections 2-4 and 5-17, as follows, with underline representing additions and strike-through representing deletions: ARTICLE II *** § 2-4. - DEFINITION OF TERMS. *** (151) Heavy equipment: Commercial, industrial, or agricultural vehicles, equipment, or machinery. (154) Home Occupation: An occupation or a business operating in whole or in part from a residential property in an area zoned for residential use in accordance with Section 559.955, Florida Statutes, and that meets the criteria established in Section 5-17, Article V.-conducted enticely2in-a-etwelling-unitr provided that: (a)—N e-per-se n-other-tho n-rnembers-of-the-family-residing-en-the-prernises-cha I I-be gaged in such occupation; (b) 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; (c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct f such home occupation other than one (1) sign, not exceeding one (1-)-square foot in area, nonilluminated, mounted flat against the wall of the principal building at a position not more than two (2) feet distance from the main entrance to the residence; 44---N0-140111e-GGeuPation-shall-be-GencluGteel-ifl-any--aGeesserY-WiktineS (e) No home occupation shall occupy more than thirty (30) percent of the 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; (f) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in required front yard; -3- (g) No equipment or process shall be used in such home occupation which cr atec noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single family dwelling, or outside the dwelling unit if conducted in other than a single family dwelling. 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 causes fluctuations in line voltage off the premises; (h) The following shall not be considered home occupations: B auty shops, barbershops, iaand—instr-ument—ether—than—a piano or dance instructor, swimming—instFusteraFt studio for group instruction, public dining facility or tearoom, antique or gift shops, photographic studio, fortune telling, outdoor repair, food proceccing, sale of antiques, retail sales, nursery school or kindergarten. The giving of group instruction shall not be deemed a home occupation; (i) The giving of individual instruction to one person, such as an art or piano teacher, shall be deemed a home occupation, provided, however, that the provisions of subparagraph (h) above shall apply to prohibiting individual instruction as a home occupation for those activities listed in subparagraph (h) above; (j) 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; (k) A home occupation shall be subject to all applicable City occupational license and other business taxes. ARTICLE V *** § 5-17. - HOME OCCUPATION. A. Employees, including proprietor/operator, of the business working at the residential dwelling must also reside in the dwelling, except that up to two (2) employees or independent contractors who do not reside at the dwelling may work at the residential dwelling or engage in other business activities at the residential dwelling or property. AB. 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; &C. 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 other than one (1) sign, not exceeding one (1) square foot in area, nonilluminated, mounted flat against the wall of the principal building at a position not more than two (2) feet distance from the main entrance to the residence; -4- C. No home occupation shall occupy more than thirty (30) percent of the living 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. Rooms which have been constructed as an addition to the residence, or any attached porch or garage which has been converted into living quarters, shall be considered as living area. D. No traffic or parking, including parking of heavy equipment associated with the home occupation, shall be generated by such home occupation in greater volumes than would normally be expected info a residential neighberlagesidwelling without such home-occupation or business. Any need for parking generated by the conduct of such home occupation or business shall be provided on-site and may not be within the right-of-way, on or over sidewalks, on any unimproved surface, or within the required front yard. Heavy equipment as defined in Article II must be completely screened from view from the street and adjacent properties with six (6) feet of opaque screening material; E. No equipment, process or activities shall be used or conducted for such home occupation in the dwelling, in an accessory structure or on the residential property which create noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off of the lot in which such activities are conducted. 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, if the occupation is conducted in a single family residence, or outside the dwelling unit if conducted in other than a single family residence. 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 causes fluctuations in line voltage off the premises; F. Retail transactions shall not be conducted in any structure on the residential property other than the principal dwelling. Incidental business uses and activities may be conducted in any accessory building or on the property so long as such uses and activities are completely screened from view from the street or adjacent properties. G. There shall be no display of goods or advertising visible from the street. H. The following slaall-Ret-be-sensideFecl-home occupations shall not be permitted: 1. Uses or activities, including retail transactions, which generate traffic and parking greater than those generated by a single-family residential home without a home-occupation or home-based business; 2. Uses or activities involving manufacturing or wholesale distribution of goods and services; 3. Uses or activities which involve the use, storage or disposal of harmful, noxious, combustible, flammable or other noxious or hazardous materials; and 4. Uses or activities which change or otherwise result in the change to the character and appearance of the dwelling as primarily a residence and which affect the residential character of the surrounding neighborhood. Beauty shops, barberchops, swimming instructor, art studio for group instruction, public dining -5- facility or tea room, antique or gift shops, photographic studio, fortune telling, outdoor repair, food processing, sale of antiques, retail sales, nursery school or kindergarten. Offices of convenience (such as attorneys, accounting, professional office or office-based functions, telehealth, writing/editing, etc.), handyman/general household services, and tThe giving of group individual instruction shall not be deemed a home occupation, however the giving of individual instruction, such as art, photography, music, dance or piano teacher, to one (1) person, such as an art or piano teacher, shall be deemed a home occupation, provided, however, that the provisions of this Section can be met.-these-pr-OviSiacts-shail-apply to prohibiting individual instruction as a home occupation for those activities listed in above; G,J. Fabrication of articles such as are commonly classified under the terms "arts and handicrafts" and cottage food operations, in accordance with Section 500.80, F.S., may be deemed a home occupation, subject to the provisions of this Section other terms and conditions of this definition; and K. A home occupation shall be subject to all applicable City occupational license and other business taxes under Chapter 205, F.S. and 4.1,L. The Development Services Director shall have the authority and responsibility to revoke any home business tax receipt and/or to pursue other remedies as provided in the Land Development Code if any of these provisions are violated. -6-