HomeMy WebLinkAboutOrdinance 2016-05 Cottage Food Operations ORDINANCE NO.2016-05
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA;
ADDING DEFINITIONS RELATED TO COTTAGE
FOOD OPERATIONS AND PRODUCTS;
AMENDING THE CITY CODE REGARDING THE
REGULATION OF COTTAGE FOOD OPERATIONS
AS HOME OCCUPATIONS OR HOME OFFICES,
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE
CODE, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City Commission desires to amend the City Code related to
home occupations and home offices, and;
WHEREAS, the City Commission desires to permit cottage food operations
operating in accordance with section 500.80, Florida Statutes, in all residential zoning
districts subject to the conditions applicable to other home occupations and home offices;
and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby
finds this ordinance to be in the best interests of the public health, safety, and welfare of
the citizens of Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code of Ordinances,
Chapter 20, Zoning, is hereby amended as follows (underlined type indicates additions
and str-ikeeti t type indicates deletions, while asterisks (* * *) indicate a deletion from the
Ordinance of text existing in Chapter 20. It is intended that the text in Chapter 20
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this ordinance):
CHAPTER 20. ZONING
City of Winter Springs
Ordinance No. 2016-05
Page 1 of 4
ARTICLE I. GENERAL
Sec. 20-1. -Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Cottage food operations. "Cottage food operation"means a natural person who produces
or packages cottage food products at his or her residence and sells such products in
accordance with section 500.80, Florida Statutes.
Cottage food products. "Cottage food product" means food that is not a potentially
hazardous food (as defined by rules of the Department of Agriculture and Consumer
Services) which is sold by a cottage food operation in accordance with section 500.80,
Florida Statutes.
ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS
DIVISON 4. REGULATION OF HOME OCCUPATIONS OR HOME OFFICES.
Section 20-452. Home occupations or home offices.
(a) A home occupation or home office, as defined in section 20-1 of the City Code, is
permitted in all residential zoning categories provided that:
1. The home occupation or home office use shall be incidental and subordinate to
the residential use of the dwelling unit. Further, the area used for the home
occupation or home office shall not exceed an area greater than thirty percent
(30%) of the air-conditioned portion of the dwelling unit.
2. The home occupation or home office use shall not negatively impact the
residential character of the neighborhood in which it is located by introducing
uses or conditions that are incompatible with the peace and harmony of the
residential neighborhood.
City of Winter Springs
Ordinance No. 2016-05
Page 2 of 4
3. The home occupation or home office is conducted entirely within the dwelling
unit or within a permitted accessory building. A home occupation or home office
is not permitted within an accessory dwelling unit.
4. There shall be no exterior advertising of the home occupation on the outside of
the dwelling unit or permitted accessory building.
5. There shall be no exterior storage or display on the premises of material or
equipment used as a part of the home occupation or home office. Commercial
vehicles shall be regulated pursuant to section 20-431 et. seq. of the City Code.
6. The following uses shall not be considered a home occupation or home office:
a. Adult entertainment establishments;
b. Antique shops;
c. Art studio for group instruction;
d. Auto service and repair;
e. Mechanical service and repair;
f. Barber and cosmetology services;
g. Band or music instruction for groups;
h. Bed and breakfast facilities;
i. Clubs, private;
j. Drive-in facilities;
k. Eating and drinking establishments;
1. Escort services;
m. Food processing and handling, commercial (except that cottage food
operations, as defined in section 20-1 of the City Code, may be considered a
home occupation or home office);
n. Fortune tellers;
o. Funeral homes;
p. Group instruction for more than two people;
q. Health spas;
r. Hospitals and clinics;
s. Hotels/motels;
t. Kennels or overnight boarding of animals;
u. Massage therapy;
v. Photographic studios involving chemicals or client visitors;
w. Retail commercial operations;
x. Sexually oriented businesses;
y. Vehicle sales or rental;
z. Tattoo parlors;
aa. Health care providers; or
bb. Any other use or activity similar in nature or purpose to those listed herein and
any other use or activity inconsistent with the requirements of this Code.
City of Winter Springs
Ordinance No. 2016-05
Page 3 of 4
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All
prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of
prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of
the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated
into the Winter Springs City Code and any section or paragraph, number or letter, and
any heading may be changed or modified as necessary to effectuate the foregoing.
Grammatical, typographical, and like errors may be corrected and additions, alterations,
and omissions, not affecting the construction or meaning of this Ordinance and the City
Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase,
word or provision of this ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, whether for substantive, procedural, or any other
reason, such portion shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective
immediately upon adoption by the City Commission of the City of Winter Springs,
Florida, and pursuant to the City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on the 22 day of February, 2016.
0WARLES LAC ayor
ATTE�T t
A ORENZO-LUACES,City Clerk
APPROVED O LEGAL FORM AND SUFFICIENCY
FOR THE`' WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading January 25, 2016
Second Reading: February 22, 2016
Effective Date: See Section 6.
City of Winter Springs
Ordinance No. 2016-05
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