Fort Walton Beach Ordinance — 1726 Home Occupation Fire & Building Inspection — reading text

READING ht 2nd ORDINANCE 1726 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 12. 735.01, HOME OCCUPATIONS, OF THE LAND DEVELOPMENT CODE, BY REMOVING THE REQUIREMENT FOR AN ANNUAL INSPECTION BY THE BIDLDING OFFICIAL AND THE FIRE CmEF; AMENDING SECTION 8. 05.01, ANNUAL INSPECTION REQUIRED, OF THE CODE OF ORDINANCES BY REMOVING THE REQUIREMENT FOR THE FIRE DEPARTMENT TO CONDUCT AN ANNUAL INSPECTION FOR HOME OCCUPATIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this amendment is necessary to clarify the annual inspection requirement for a home occupation by the city' s fire department and building official, and, WHEREAS, at least two public hearings have been conducted after giving due public notice pursuant to Section 166. 041, Florida Statutes, by the City Council of Fort Walton Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION I. AUTHORITY. The authority for enactment of this ordinance is pursuant to Section 2 ofthe City Charter of the City of Fort Walton Beach, and Section 166. 021( 1) Florida Statutes. SECTION II. AMENDMENT OF SECTION 12. 735.01. Section 12. 735. 01, Home Occupations, of the Land Development Code is amended as follows. Sec. 12. 735. 01 Home Occupations 1) General restrictions. Home occupations shall be permitted as an accessory use in all residential districts, shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling or adversely affect the uses permitted in the district of which it is a part. No home occupation shall be permitted which might interfere with the general welfare of the surrounding residential area due to potential noise, increased pedestrian or vehicular traffic or any other condition which would constitute an objectionable use of residentially zoned property. 2) Standards. The standards for home occupations are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood. Home occupations are permitted in all residential districts, provided the following criteria are met upon review by the planning and zoning department: a) No person other than a member of the family residing on the premises shall be engaged in such occupation on the premises. b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the livable floor area of the dwelling unit shall be used in the conduct of the home occupation. c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, including outside storage or signs pertaining to the home occupation, except that an unlighted nameplate, not more than one square foot in area, may be attached to the front wall of the dwelling unit. d) No home occupation shall be conducted in any accessory building. e) No equipment shall be permitted except that which is of a quantity and configuration normally used for purely domestic purposes. f)The use shall not generate noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in the applicable zoning district. g) No marked vehicle of any kind associated with the home occupation shall be kept on the premises or parked on the street in a residential district unless so stipulated by the board of adjustment, subject to the limitation that all such home occupation related vehicles must be of a passenger type or recreation van type and shall not be larger than a stock three- quarter ton panel or pickup truck. h) No person shall be allowed to conduct more than one home occupation, and no home occupation permit shall be issued to any person to conduct a home occupation in a dwelling unit for which a current home occupation permit is outstanding. i) A home occupation shall be required to have a city occapational license business tax receipt. G) No provision for off-street parking or loading facilities, other than the requirements of the residential district in which the use is located, shall be permitted. No part of a required yard shall be used for such off-street parking or loading purposes. No additional driveways to serve such home occupation shall be permitted. 3) Permitted home occupations. The following examples are considered legal home occupations, provided that the standards in subsection ( b) of this section and the procedures in subsection ( e) of this section are complied with: a) Artists. b) Authors/ composers. c) Telephone answering service. d) Music instruction (limit two pupils at a time). e) Professional offices, unless otherwise prohibited in this section. f)Seamstress. g) Any other use that meets the standards set forth in this section. 4) Prohibited home occupations. The following uses shall not be permitted as home occupations: a) Beautyb/ arber shops. b) Appliance and motor repairs ( small or large). c) Automotive/ vehicle repairs. d) Florist. e) Veterinary clinic. 2 of 4 - Ordinance 1276  f)Doctor/ dentist office. g) Radio/television repair. h) Work involving hazardous materials. i) Restaurants. G)Fortunetellers or similar occupations. k) Any other occupation which does not meet the standards in this section. 5) Certificates; applications; inspections. a) An application for a home occupation certificate shall be made to the finance department and forwarded to the planning and zoning community development services department for a determination of compliance with the standards set forth in this section. Upon application, an inspection of the premises shall be made by the b) building official and the fire chief. If the proposed home occupation use is permitted as outlined in subsections ( 2) and ( 3) of this section, then a certificate of OCC\1:pancy business tax receipt for the home occupation shall be issued for that location. If a proposed home occupation is not listed in subsection ( 3) of this section, and the building official and the fire chief community development services director determine~ that the proposed home occupation is not permitted under the standards set forth in this section, then the application shall not be issaed approved. c) When a nuisance complaint is received, an inspection shall be made to ensure compliance with this section. If a lack of compliance is evident, the operator of the home occupation shall be given 30 days in which to comply or cease operation at the permitted site. d) ,^Jl inspection of home occupation premises shall be performed annually by the baildiag offieial and the fiFe elHef in or-der to eHsm-e compliance with this article. 6) Nonconforming uses. Nothing in this section shall serve to alter the continuation of uses permitted pursuant to division 2, subdivision III of this chapter. SECTION III. AMENDMENT OF SECTION 8. 05. 01. Section 8. 05. 01, Annual Inspection Required, of the Code of Ordinances is amended as follows. 8.05. 01 Annual Inspection Required All commercial, industrial, public assembly, home occupations and private schools shall have an annual fire safety inspection conducted by the City Fire Department to ensure such structures are in compliance with the City Code and applicable state statutes. SECTION IV. CONFLICTING PROVISIONS. If any provisions of the Code of Ordinances or parts of ordinances are in conflict with the provisions of this Ordinance, the provisions of this ordinance shall prevail. SECTION V. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval by the City Council. 3 of 4 - Ordinance 1276  PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA ON THE - 4ep~ , DA Y Il-- OF./ 2007 MiKE AND RSON, MAYOR ATTEST: Approved as to form and legal sufficiency. q:~ dJ~ d<( Aa; H LEN A.SPEN CITY CLERK ER TONI L.CRAIG CITY ATTORNEY g Deleted language is stricken. New Language is underlined. Codification instructions: Section II will amend the current section 12. 735. 01, as stated. Section III will amend the current section 8. 05. 01, as stated. Sections I, IV, and V are not codified. DISPOSITION 4 of 4 - Ordinance 1276