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HomeMy WebLinkAbout2022 08 22 Public Hearing 400 - First Reading of Ordinance 2022-09 amending Chapter 13 – Nuisances to Provide for Local Enforcement of the State Home-Based Business Law + , PUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION AGENDA I AUGUST 22, 2022 REGULAR MEETING TITLE First Reading of Ordinance 2022-09 amending Chapter 13 - Nuisances to Provide for Local Enforcement of the State Home-Based Business Law. SUMMARY In 2021, the Florida Legislature enacted Section 559.955, Florida Statutes regulating home-based businesses and preempting local home rule. The proposed Ordinance incorporates the State law regulatory requirements related to home-based businesses into the City Code for purposes of allowing the City to use local code enforcement as a tool to enforce the State law for purposes of mitigating against public nuisances created by home-based businesses that are in violation of State law. The Ordinance seeks to preserve the integrity of residential areas and unique aesthetic qualities of the City consistent with State law, and in furtherance of addressing the City Commission's recent concerns about the application of Section 559.955, Florida Statutes. For background purposes, Section 559.955, Florida Statutes provides: (1) Local governments may not enact or enforce any ordinance, regulation, or policy or take any action to license or otherwise regulate a home-based business in violation of this section. (2) A home-based business that operates from a residential property as provided in subsection (3): (a) May operate in an area zoned for residential use. (b) May not be prohibited, restricted, regulated, or licensed in a manner that is different from other businesses in a local government's jurisdiction, except as otherwise provided in this section. (c) Is only subject to applicable business taxes under chapter 205 in the county and municipality in which the home-based business is located. (3) For purposes of this section, a business is considered a home-based business if it operates, in whole or in part, from a residential property and meets 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 1 employees that do not work at the residential dwelling. (b) Parking related to the business activities of the home-based business complies with local zoning requirements 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. Local governments may regulate the use of vehicles or trailers operated or parked at the business or on a street right-of-way, provided that such regulations are not more stringent than those for a residence where no business is conducted. 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 any unimproved surfaces at the residence. Local governments may regulate the parking or storage of heavy equipment at the business which is visible from the street or neighboring property. For purposes of this paragraph, the term "heavy equipment" means commercial, industrial, or agricultural vehicles, equipment, or machinery. (c) As viewed from the street, the use of the residential property is 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 are secondary to the property's use as a residential dwelling. (e) The business activities comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors. Any local regulations on a business with respect to noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors may not be more stringent than those that apply to a residence where no business is conducted. (f) All business activities comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids. Any local regulations on a business with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids may not be more stringent than those that apply to a residence where no business is conducted. (4) Any adversely affected current or prospective home-based business owner may challenge any local government action in violation of this section. The prevailing party in a challenge may recover reasonable attorney fees and costs incurred in challenging or defending the action, including reasonable 2 appellate attorney fees and costs. (5) The application of this section does not supersede: (a) Any current or future declaration or declaration of condominium adopted pursuant to chapter 718, cooperative document adopted pursuant to chapter 719, or declaration or declaration of covenant adopted pursuant to chapter 720. (b) Local laws, ordinances, or regulations related to transient public lodging establishments, as defined in s. 509.013(4)(a) 1 ., that are not otherwise preempted under chapter 509. The proposed Ordinance makes it unlawful under the City Code to violate the prohibitions set forth in Section 559.955, Florida Statutes and allows the City to use code enforcement tools to bring violators into compliance. RECOMMENDATION The City Attorney and Staff recommend the City Commission conduct First Reading of Ordinance 2022-09 amending Chapter 13 - Nuisances to provide for local enforcement of the State home-based business law. 3 ORDINANCE NO. 2022-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING CHAPTER 13, ARTICLE I OF THE WINTER SPRINGS CODE OF ORDINANCES REGULATING PUBLIC NUISANCES AND PROVIDING FOR LOCAL ENFORCEMENT OF THE STATE HOME- BASED BUSINESS LAW; 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 Section 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law, and is authorized to enforce the City Code in accordance with the police power vested in the City including, but not limited to, under Chapter 162, Florida Statutes and other applicable state law; and WHEREAS, the City Commission desires to amend the City Code relating to the enumeration of public nuisances, and based on recent legislation adopted by the Florida Legislature during the 2021 session and codified in Section 559.955, Florida Statutes, it has been determined that it is warranted to provide amendments to the City Code regarding the local enforcement of the state home-based business law by the City to mitigate against public nuisances created by home-based businesses that are in violation of state law; and WHEREAS, the City Commission hereby finds that this Ordinance constitutes a valid exercise of the City's police power because this Ordinance seeks to preserve the integrity of the residential areas and the unique aesthetic qualities of the City and also seeks to enforce state law; 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 13, is hereby amended as follows (underlined type indicates additions and s*. t type City of Winter Springs Ordinance No. 2022-09 Page 1 of 4 4 indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 13. It is intended that the text in Chapter 13 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): Chapter 13—NUISANCES * * * ARTICLE L—IN GENERAL *** Sec. 13-5. Home-Based Business—Enforcement of State Prohibitions. (a) It shall be unlawful and constitute a public nuisance for a home-based business to operate in violation of the following state law prohibitions set forth under Section 559.955, Florida Statutes, as may be amended, and any violation of one or more of these prohibitions may be prosecuted by code enforcement in accordance with law: (1) Carrying on a home-based business with more than two employees or independent contractors, not including the residents of the dwelling, working at a home-based business in the City where such work is not performed remotely. (2) Parking related to the business activities of the home-based business in violation of applicable provisions of the City Code. (3) Carrying on a home-based business that generates a need for parking that is greater in volume than would normally be expected at a similar residence where no business is conducted. (4) Parking of commercial motor vehicles or trailers as defined in Section 20-132 of the City Code used in connection with a home-based business or parking home-based business employees' vehicles or trailers in the right-of-way, on or over a sidewalk, or on anyproved surfaces at the residence. (5) Parking or storage of heavy equipment at a home-based business that is visible from the street or nei_hg boring property. Heavyequipment shall mean commercial, industrial, or agricultural vehicles, equipment, or machinery. (6) Maintenance of an external modification(s) to a residential dwelling to accommodate a home-based business that does not conform to the residential character and architectural aesthetics of the neighborhood when viewed from the right-of-way or street. (7) Conducting of retail transactions at a structure on a residential property other than a residential dwelling. City of Winter Springs Ordinance No. 2022-09 Page 2 of 4 5 (8) Conducting a home-based business where the activities of the business are primary, rather than secondary,to the property's use as a residential dwelling. For purposes of this section, "secondary" means a use that is incidental and subordinate to the primary use and area of the property serving as a residential dwelling and does not alter the principal residential use of the property_ (9) Maintenance of signage that does not comply with Chapter 16 or 20 of the City Code or any other applicable local, state or federal law. (10) Creation of excessive noise, vibrations, heat, smoke, dust, glare, fumes, or noxious odors that are visible or otherwise sensed or discerned on neighboring property_ (11) Maintenance, storage, use or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids for any business activity in violation of local, state, and federal regulations or so as to be offensive or injurious to the health, welfare or safety of the public. (b) This section does not supersede or repeal, or prohibit the enforcement of: Any current or future declaration or declaration of condominium adopted pursuant to chapter 718, cooperative document adopted pursuant to chapter 719, or declaration or declaration of covenant adopted pursuant to chapter 720. Q Any provision of the City Code related to transient public lodging establishments, as defined in section 509.013(4)(a) L, Florida Statutes that are not otherwise preempted under chapter 509,Florida Statutes including,but not limited to Sections 110-486 and 110-487 re ug lating vacation rentals. (c) The city may enforce the provisions of this section by any lawful means including, but not limited to, abating a public nuisance pursuant to this chapter 13, article I, issuing a civil citation, bringing charges before the city's code enforcement board or special magistrate, and seeking injunctive and equitable relief. Where a violation of this section does not constitute a hazardous condition requiring immediate and direct governmental action to abate a serious and continuing danger to the public,notice may be provided to the property owner and/or home-based business in accordance with F.S. ch.162, and chapter 2, article III, division 2, of the City Code, describing a violation of this chapter. Secs. 13-65-13.25.—Reserved. 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 City of Winter Springs Ordinance No. 2022-09 Page 3 of 4 6 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 day of ) 2022. KEVIN McCANN, Mayor ATTEST: CHRISTIAN GOWAN City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: August 22, 2022 Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2022-09 Page 4 of 4 7