Growth Management

Sec. 54-2-7.21.  Home occupational licenses. (a)     Authorizations. Home occupations are permitted in any dwelling unit subject to the following provisions. (b)     Provisional criteria. Home occupations shall be permitted uses, subject to the requirements of this section and the respective zoning district are continuously met commencing with the date the application for approval of same is approved: (1)     All activities pertaining to the home occupation that are to be performed at the dwelling (the "premises") shall be carried on entirely within the dwelling located on the premises and only by members of the family permanently residing therein. No person, other than the members of the family permanently residing in the dwelling on the premises, shall engage in any activities in furtherance of the home occupation at the premises. No persons shall be employed by the owner of the business seeking approval of the home occupation (other than as an address of convenience) except individuals who are members of the family permanently residing in the dwelling located on the premises where the home occupation is to be situate. No more than one commercial vehicle shall be kept or parked at the premises in connection with such home occupation, and any such vehicle shall not exceed 23 feet in length and nine feet in height. The parking or storage of commercial trailers and the storage of commercial boats shall be done in compliance with the provisions of section 54-2-7(c) of the land development code. Materials or equipment associated with the home occupation may be stored within an enclosed compartment of the commercial vehicle or trailer. (2)     The use of the premises, including the dwelling, for the home occupation shall be clearly incidental and subordinate to its use for residential purposes. The use of the premises for the home occupation shall not change the residential use thereof. (3)     There shall be no change in the outside appearance of any structure located on the premises. There shall be no evidence of the conduct of the home occupation visible from the exterior of the dwelling or other structures located on the premises. Furthermore, there shall be no display that will indicate, from the exterior of the dwelling or any other structure, that the premises are being utilized for any purpose other than as a residence. Provided, however, that this provision shall not preclude the utilization of any sign or signs required to be placed on the premises under a provision of Florida Statutes then in effect, but any such sign shall be non-illuminated and shall be mounted flat against the door or wall of the principal dwelling at a position not more than two feet from the main entrance of the dwelling. (4)     No activities pertaining to the home occupation shall be conducted in any accessory building or garage or anywhere outside of the principal dwelling. Such prohibited activity shall include, but are not limited to, the storage of any materials, inventory, equipment or supplies. (5)     No home occupation shall occupy more than 20% of the first floor area of the dwelling constituting the principal residence exclusive of the area of any open porch or attached garage or any other space not suited or intended for occupancy as living quarters. All storage of materials, supplies and inventory at the premises related to the home occupation shall be located within the area of such 20%, and such storage shall not comprise an area exceeding 100 square feet. No vehicles or equipment shall be stored at the premises other than with respect to the one commercial vehicle described in clause (1), above. Therefore, all such equipment and vehicles shall be stored on real property zoned for such storage if stored within the city limits of the city. (6)     No commodity or product of any home occupation shall be delivered from the premises to any person or carrier. Any commodity or product shall be removed from the premises only by a member of the family permanently residing in the dwelling on the premises. Only one delivery of materials or supplies shall be delivered to the premises by carrier during a week. (7)     No traffic shall be generated by any occupation in a greater volume than would normally be expected to a residence in the immediate neighborhood. (8)     No mechanical equipment or electrical equipment shall be employed or stored on the premises other than equipment usually found in a residence which is associated with a hobby or vocation conducted for no monetary gain or profit. All such equipment must be located within the 20% area described in clause (5), above. (9)     No equipment or process shall be used in connection with a home occupation which creates noise, vibration, glare, fumes, odor or electrical interference detectable by the normal senses from any location other than on the premises. No equipment or process shall be used in connection with the home occupation which causes visible or audio interference in any radio or television receiver, telephone, organ or other similar items that are located other than on the premises. (10)     Except as specifically provided elsewhere in this section, no home occupation, other than an address of convenience, shall be allowed. A home occupation shall be considered as an "address of convenience" if the activities thereof consist solely of receiving phone calls, making phone calls, receiving mail or keeping business records of the home occupation. (11)     A home occupation is subject to all applicable city occupational licenses and other business taxes, except as specifically preempted by state or federal law. Each applicant for a home occupation shall submit a sworn application, on the application form provided by the city, to the finance director along with the application fee established, from time to time, by the resolution of the city council. The applicant shall submit a recent photograph of the premises which shows the entire front yard and all driveways and carports, with the application. (12)     No home occupation shall be construed to include personal services, including, but not limited to, massage, cosmetology, barbering, beauty parlor or shop, tea room, food processing for sale, kennel, animal grooming, radio or television repair, furniture building, repair or refinishing, cabinet making, boat repair or building, automobile or other vehicle servicing or repair, rebuilding or repair for others, metal fabrication or cutting employing welding or cutting torches, child care facilities accommodating five or more children, a gift shop, a funeral home, a medical or dental laboratory, showroom or display area, or any activity similar or reasonably similar to any of the activities hereinbefore listed. (13)     If any home occupation requires a license or permit from the State of Florida, the federal government, or any agency, department or bureau thereof, the applicant for a home occupation permit shall provide the growth management director or his designee with a current, valid copy of any such license or permit before the home occupation shall be conducted. Any failure of the applicant to maintain any such license or permit in an active and current status shall cause the automatic and immediate suspension of the home occupation permit granted hereunder. (c)     Application and fees. Any person desiring to establish a home occupation, as authorized herein, shall submit an application for a home occupation permit to the growth management department. The application shall be on a form provided by the growth management department and shall include all information required for a complete application. All such applications shall also be accompanied by a fee, as established by the city council. Applications shall be approved, approved with conditions, or denied by the growth management director. (1)     No home occupation shall be approved when the applicant desiring approval has been determined to be in violation of a provision of the Code of Ordinances of the City of Sebastian, including any provision contained in the land development code, unless approval of the home occupational license will result in the applicant becoming in compliance and no longer in violation of any provision of the Code of Ordinances of the City of Sebastian, including the land development code, with respect to the premises. (2)     Any home occupation permit granted pursuant to this section may be revoked by the growth management director upon the failure of the applicant to continuously comply with all provisions of this subsection and all of the provisions of the land development code applicable to conditional uses, generally, or to continuously comply with all conditions of any license or permit issued by the State of Florida or the federal government, including any agency, department or bureau thereof. (d)     Appeal of growth management director decisions. Any applicant for the home occupation permit may file an appeal to the planning and zoning commission to review the action of the growth management director in failing to approve such application or in revoking any home occupational permit, which appeal shall be in writing and filed with the growth management department within ten days from the date of final actions of the growth management director. The growth management director shall place the matter of appeal on the planning and zoning commission agenda as expeditiously as possible. The planning and zoning commission shall thereupon set a date for a public hearing with regard to such appeal. After giving public notice thereof in such a manner as the planning and zoning commission shall prescribe, at which time all interested parties shall have the right to appear before the planning and zoning commission in regard thereto, the planning and zoning commission shall render its decision therein. The decision of the planning and zoning commission shall be final unless otherwise appealed by the aggrieved party to the city council, within 30 days of the final decision of the planning and zoning commission. (e)     Termination. Whenever a home occupational permit shall have been granted, it shall not be considered to run with the land. In the event the applicant receiving the grant of a home occupation permit no longer maintains his or her principal residence at the principal dwelling located on the premises, the home occupational permit shall automatically terminate. The applicant shall notify the community development department, in writing, in the event the applicant no longer maintains his or her residence at the principal dwelling located on the premises.

 

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