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Home My WebLink AboutOrdinance 2011-08 Amending the City Code regarding the regulation of Home OccupationsORDINANCE NO. 2011-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE CITY CODE REGARDING THE REGULATION OF HOME OCCUPATIONS OR HOME OFrICES, 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 home occupations and home offices in all residential zoning districts subject to certain conditions; 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 9, Land Development and Chapter 20, Zoning, is hereby amended as follows (underlined type indicates additions and �� type indicates deletions, while asterisks (* **) indicate a deletion from the Ordinance of text existing in Chapters 9 or 20. It is intended that the text in Chapters 9 and 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 X J�C �C ARTICLE I. IN GENERAL. �� City of Winter Springs Ordinance No. 2011-08 Page 1 of 7 Section 20-1. Definitions. �� Home occupation or home o ffice. �y trseAn operation for commercial or pecuniary ain conducted entirely within a dwelling unit, or in a permitted accessory building which is � incidental and subordinate to �_.`' �°""��'�r= * the use of the dwelling for �'°� residential purposes and which does not change the residential character thereo£ , . , � , . � � �R�j� '-�r c��r-�s'��-accrncc'�i--c�-ivrrro � � , , � � > > . Home occupations and home offices are subject to section 20-452 of th Code 7F X ]F ARTICLE III. ESTABLISHMENT OI+ DISTRICTS �� DIVISION 2. R-lAAA SINGLE-FAMILY DWELLING DISTRICTS � X �C Sec. 20-122. Uses permitted. Within any R-lAAA Single-Family Dwelling District no building, structure, land or water shall be used except for the following use: (1) Single-family dwellings and their customary accessory uses. (2) Home occupations. ��* City of Winter Springs Ordinance No. 2011-08 Page 2 of 7 DIVISION 3. R-CI SINGLE-I+AMILY DWELLING DISTRICT ��x Sec. 20-142. Uses permitted. Within any R-C 1 Single-Family Dwelling Districts, no building, structure, land or water shall be used except for the following use: (1) Single-family dwellings and their customary accessory uses. (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. (3) Home occu ations. *�� DIVISION 4. R-lAA AND R-lA ONE-FAMILY DWELLING DISTRICTS �� Sec. 20-162. Uses permitted. Within any R-lAA and R-lA Single-Family Dwelling District, no building, structure, land or water shall be used except for the following use: (1) Single-family dwellings and their customary accessory uses. (2) Home occu ations. �� ARTICLE IV. PLANNED UNIT DEVELOPMENTS �*� Sec. 20-353. Permitted Uses. �� Permissible Uses, Density, & 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. City of Winter Springs Ordinance No. 2011-08 Page 3 of 7 There shall be at least two (2) different uses within a new PUD, and at least one 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 subiect to the provisions of Chapter 20 and are not rec�uired to be established within the develo ment agreement �� 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 Cit Code is permrtted in all residential zonin categories provided that• 1. The home occupation or home office use shall be incidental and subordinate to the residential use of the dwellin� unit Further the area used for the home occupation or home office shall not exceed an area greater than thirtv ercent L30%) of the air-condrtioned portion of the dwellin unit 2. The home occupation or home office use shall not ne ativel � impact the residential character of the nei�hborhood in which it is located b introduci uses or conditions that are incompatible with the peace and harmony of the residenhal nei�hborhood � 3. The home occupation or home office is conducted entirelv within the dwellin� unit or within a permitted accessory buildin� A home occupation or home office is not permrtted within an accessory dwellin unit 4. There shall be no exterior advertisin� of the home occupation on the outside of the dwellin� unit or permitted accessory buildin� 5. There shall be no exterior stora�e or display on the premises of material or eQUipment used as a part of the home occupation or home office Commercial vehicles shall be re�ulated pursuant to section 20-431 et se of the City Code 6. The following uses shall not be considered a home occupation or home office• a. Adult entertainment establishments• b. Anti ue shops� c. Art studio for roup instruction� City of Winter Springs Ordinance No. 2011-08 Page 4 of 7 d. Auto service and re air; e. Mechanical service and repair• f. Barber and cosmetology services• g. Band or music instruction for groups• h. Bed and breakfast facilities; i. Clubs, rivate; j. Drive-in facilities; k. Eatin� and drinking establishments• l. Escort services: m. Food processing and handling commercial• 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. Massa e� ther�y; v. Photo�raphic studios involvin� chemicals or client visitors• w. Retail commercial operations• x. Sexuallv oriented businesses• y. Vehicle sales or rental: z. Tattoo arlors; aa. Health care providers; or bb. Anv 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 residin� on the premises of the dwellin unit shall be en�a�ed on the premises of the home occupation or home office 8. No traffic/parkin� shall be generated by the home occupation or home office in �reater volumes than would normally be ex pected in accordance with industr traffic and parkin� standards for a residential unit located in a residential nei�hborhood. 9. No dan�erous, 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 prohibitin� a person from using or storing products that are normally used or stored at a residence for purely domestic or household pumoses 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 City of Winter Springs Ordinance No. 2011-08 Page 5 of 7 (b) A home occupation or home office is permitted in the Town Center subject to the provisions of section 20-324 (7). {c) All home occupations and home offices shall be required to obtain a business tax recei t as re quired bv section 10-26 of the Citv Code prior to the start of such use In addition to anv other submittals required for a business tax receipt the applicant shall also submit the followin�: 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 conductin� the home occupation or home office. �� CHAPTER 9. LAND DEVELOPMENT Sec. 9-291.2. Definitions. (c) Nonresidential.• Includes all land uses not otherwise specified as residential ar exempted as set forth in this division. This shall include, but is not limited to, day care facilities, residential care facilities, nursing homes, boarding houses, '�^�° ^^^��r^*�^^�, educational facilities, libraries, cultural facilities, churches, all commercial uses, all transient lodging and entertainment facilities except those which are temporary in nature, all automotive facilities and/or structures, all miscellaneous business uses and services and all industrial uses. 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. City of Winter Springs Ordinance No. 2011-08 Page 6 of 7 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 l Oth day of October, 2011. 0 LUACES, City Clerk i/ � �/ � ' s� '� %� s � �.� � _ � APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR T TY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading ( Approved) Segfember 26, 2 011 Second Reading: october l0, 2011 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2011-08 Page 7 of 7