HomeMy WebLinkAbout2021 11 04 Public Hearing 400 - Review of Ordinance 2021-09 amending Section 20-452 of the City Code related to Home Occupations or Home Offices to comply with recent legislation adopted by the Florida legislature related to Home-Based Businesses
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ORDINANCE NO. 2021-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA; AMENDING SECTION 20-452
OF THE CITY CODE RELATED TO HOME OCCUPATIONS OR
HOME OFFICES TO COMPLY WITH RECENT LEGISLATION
ADOPTED BY THE FLORIDA LEGISLATURE RELATED TO
HOME BASED ; MAKING CONFORMING
AMENDMENTS TO THE CITY CODE; 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), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, based on recent legislation adopted by the Florida Legislature during the 2021
session, it has been determined that it is warranted to provide amendments to the City Code regarding
home-based businesses by repealing and replacing Section 20-452 of the City Code and making other
conforming amendments to the City Code to comply with the state preemption provided under Section
559.955, Florida Statutes; and
WHEREAS, pursuant to the Florida Community Planning Act and
& Zoning Board/Land Planning Agency has reviewed and recommended adoption of this Ordinance at
a duly held public meeting; 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; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Commission of the City of
Winter Springs.
Section 2.Code Amendment. Chapter 20 - Zoning,Article V. Supplemental District
Regulations, Division 4 Home Occupations or Home Office, Section 20-454 of the City Code
is hereby amended as follows: (underlined type indicates additions to the City Code and strikeout
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Division 4, Section 20-452. It is intended that the text in Division 4, Section 20-452
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
DIVISION 4. REGULATION OF HOME BASED BUSINESSES OCCUPATIONS OR
HOME OFFICES.
City of Winter Springs
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Sec. 20-452.Home Based Businesses occupations or home offices.
(a) Home based businesses shall be permitted from a residential property provided such
businesses comply with the requirements set forth in Section 559.955, Florida Statutes and other
applicable federal and state law. Such businesses shall also comply with any applicable
provision of the City Code not otherwise preempted by law.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 (30) percent 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.
(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;
City of Winter Springs
Ordinance No. 2021-
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j.Drive-in facilities;
k.Eating and drinking establishments;
l.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 (2) 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. Pain management clinics, as defined by section 458.3265 or section 459.0137, Florida
Statutes.
cc. 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.
(7) No person other than inhabitants residing on the premises of the dwelling unit shall be
engaged on the premises of the home occupation or home office.
(8) No traffic/parking shall be generated by the home occupation or home office in greater
volumes than would normally be expected in accordance with industry traffic and parking
standards for a residential unit located in a residential neighborhood.
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(9) No dangerous, toxic or hazardous material shall be used or stored on the premises in
connection with the home occupation or home office, except, however, this provision shall not
be construed as prohibiting a person from using or storing products that are normally used or
stored at a residence for purely domestic or household purposes such as cleaning, lawn fertilizer
and pest control products.
(10) No equipment or process used in the home occupation or home office shall create noise,
smoke, dust, heat, vibration, glare, fumes, odors or air pollution off the premises on which the
home occupation or home office exists.
(b) Pursuant to Section 559.955(d), the activities of the home-based business are required to
be
property serving as a residential dwelling and does not alter the principal residential use of the
property.
A home occupation or home office is permitted in the town center subject to the provisions of
section 20-324(7).
(c) This section does not supersede or repeal:
(1) 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.
(2) Any provision of the City Code related to transient public lodging establishments,
as defined in section 509.013(4)(a)1., Florida Statutes that are not otherwise preempted under
chapter 509, Florida Statutes including, but not limited to regulations related to guest (tourist)
home, boarding house or lodging house or bed & breakfast inn.
All home occupations and home offices shall be required to obtain a business tax receipt as
required by section 10-26 of the City Code, prior to the start of such use. In addition to any other
submittals required for a business tax receipt, the applicant shall also submit the following:
(1) The exact nature of the home occupation or home office;
(2) Total air-conditioned floor area (square feet) of the residence; and
(3) Amount of area, measured in square feet, to be utilized in conducting the home
occupation or home office.
Section 3. Conforming Amendments. The City of Winter Springs Code of Ordinances, is
hereby amended as set forth below (underlined type indicates additions and strikeout type
indicates deletions, while *** indicate deletions from this Ordinance of the referenced Chapter,
Article, Division, Section or Table that shall remain unchanged in the City Code):
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A. Sec. 10-93. Local business tax receipts/home occupations.
***
(b) Adult entertainment establishments and sexually oriented businesses shall not be approved as
home occupations.
B. Chapter 20 Zoning Conforming Amendments as follows:
Sec. 20-1. Definitions.
***
Home Based Business or occupation or home office. A business permitted from a residential
property in accordance and compliance with the requirements of section 559.955, Florida
Statutes and An operation for commercial or pecuniary gain conducted entirely within a dwelling
unit, or in a permitted accessory building, which is incidental and subordinate to the use of the
dwelling for residential purposes and which does not change the residential character
thereof. Home occupations andhome offices are subject tosection 20-452 of this Code.
***
ARTICLE III. - ESTABLISHMENT OF DISTRICTS
***
DIVISION 2. - R-1AAA SINGLE-FAMILY DWELLING DISTRICTS
Sec. 20-122. - Uses permitted.
Within any R-1AAA Single-Family Dwelling District, no building, structure, land or water shall
be used except for the following uses:
(1) Single-family dwellings and their customary accessory uses.; and
(2) Home occupations.
***
DIVISION 3. - R-CI SINGLE-FAMILY DWELLING DISTRICT
Sec. 20-142. - Uses permitted.
Within any R-C1 single-family dwelling districts, no building, structure, land or water shall be
used except for the following uses:
(1) Single-family dwellings and their customary accessory uses; and
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(2) Horses and ponies, allowing three-fourths of an acre per animal not to exceed ten (10)
animals per lot; provided however, horses and ponies can be permitted on less than three-fourths
of an acre upon recommendation by the board of adjustment; and.
(3) Home occupations
***
DIVISION 4. - R-1AA AND R-1A ONE-FAMILY DWELLING DISTRICTS
Sec. 20-162. - Uses permitted.
Within any R-1AA and R-1A single-family dwelling district, no building, structure, land or
water shall be used except for the following uses:
(1) Single-family dwellings and their customary accessory uses.; and
(2) Home occupations.
***
DIVISION 5. - R-1 ONE-FAMILY DWELLING DISTRICTS
Sec. 20-182. - Uses permitted.
Within any R-1 One-Family Dwelling District, no building or structure, land or water shall be
used except for one (1) or more of the following uses:
(1) Any use permitted in R-1AA and R-1A Single-Family Dwelling Districts.
(2) Home occupations.
***
DIVISION 9. - R-U RURAL URBAN DWELLING DISTRICTS
Sec. 20-267. - Uses permitted.
Within any R-U Rural Urban Dwelling District, no building, structure, land or water shall be
used except for one (1) or more of the following uses:
***
(6) Reserved. Home occupations;
***
DIVISION 12. - TOWN CENTER DISTRICT CODE
City of Winter Springs
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Sec. 20-320. Intent.
***
(b)
Ќ Λ{ǒĬǒƩĬğƓ DĻƓĻƩğƌ ĭŷğƩğĭƷĻƩʹ Consists of the least dense residential areas with some mixed-
ƚƓĻΜ use. Home occupations and Aaccessory dwelling units (ADU) are permitted.
.ǒźƌķźƓŭ ƦƌğĭĻƒĻƓƷʹ Medium to large front and side yard setbacks
CƩƚƓƷğŭĻ ƷǤƦĻƭʹ Porches, fences, common yards
ǤƦźĭğƌ ĬǒźƌķźƓŭ ŷĻźŭŷƷʹ 1-story minimum, 3-story maximum*
*See section 20-324(11) for additional details
***
Sec. 20-322. Definitions.
***
T3 (suburban zone).This zone consists of the least dense residential areas, adjacent to higher
density zones within the town center that include some mixed-use.Homeoccupations and
Aaccessory dwelling units (ADU) are allowed. Planting is naturalistic and setbacks are relatively
deep. Blocks may be large and the roads irregular to accommodate natural conditions. This zone
is intended to provide a transition to and incorporationwith existing lower density residential
areas that are adjacent to the town center district.
***
Sec. 20-323. Permitted uses.
***
T1T2T3 T4 T5 C/P
***
HomeoccupationsReservedPPP
***
City of Winter Springs
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Sec. 20-324. General Provisions.
The following general provisions apply to all street types.
***
(5) Accessory structures. Accessory structures are permitted and may contain parking, accessory
dwelling units, home occupation uses, storage space, and trash receptacles. Home occupation
uses are restricted to owner plus one (1) employee, shall not include noxious or disruptive
functions, and may not disrupt parking for neighboring residents. Accessory structures shall not
be greater than six hundred twenty-five (625) square feet in footprint and shall not exceed two
(2) stories in height.
***
Sec.20-325. Transect Standards.
***
(b) Transect zone design standards.
T3 (Suburban Zone)
(1)Description. This zone consists of the least dense residential areas, adjacent to higher density
zones within the town center that include some mixed-use.Home occupations and Aaccessory
dwelling units (ADU) are allowed. Planting is naturalistic and setbacks are relatively deep.
Blocks may be large and the roads irregular to accommodate natural conditions. This zone is
intended to provide a transition to and incorporation with existing lower density residential areas
that are adjacent to the town center district.
***
ARTICLE IV. PLANNED UNIT DEVELOPMENTS.
***
Sec. 20-353. - Standards for planned unit developments.
***
(c) Permissible uses, density, and intensity. Permissible uses within the PUD shall be established
within the development agreement consistent with the underlying future land use designation(s)
identified on the future land use map of the comprehensive plan. There shall be at least two (2)
different uses within a new PUD, and at least one (1) of the uses shall be a non-residential use.
Nothing herein shall be construed to abrogate specific use restrictions set forth in this Code
including the restrictions set forth in Chapter 20, Article V, Supplemental District Regulations.
Home occupations shall be permitted within the PUD subject to the provisions of Chapter 20 and
are not required to be established within the development agreement. Schools and daycare
centers shall be subject to conditional use permit requirements under the City Code.
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Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. 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 6. 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 7. Effective Date. This Ordinance shall become effective upon adoption by the City
Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _____day of______________,2021.
Kevin McCann,Mayor
ATTEST:
Christian Gowan, City Clerk
City of Winter Springs
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APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF WINTER SPRINGS ONLY:
_______________________________
Anthony A. Garganese, City Attorney
Legal Ad:
First Reading:
Second Reading:
City of Winter Springs
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