Okaloosa County BOCC — September 16, 2014 — ORDINANCE — reading text

ORDINANCE NO. 14- AN ORDINANCE AMENDING THE OKALOOSA COUNTY LAND DEVELOPMENT CODE, ORDINANCE NO. 91-1, AS AMENDED, AMENDING CHAPTER 2 “ZONING REGULATIONS”, SECTION 2.21.00 “ACCESSORY USES AND STRUCTURES”; REPEALING ALL ORDINANCES, OR PORTIONS THEREOF, IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA. Section 1. The Okaloosa County Land Development Code, Ordinance Number 91-1, as amended, is hereby amended and revised as follows. Section 2. Chapter 2, Section 2.21.00 “Accessory Uses and Structures” is amended and revised as shown in Exhibit 1. Section 3. This Ordinance shall become effective as provided by law, and does hereby repeal any ordinances, or provisions thereof, in conflict herewith. Should any word, phrase, sentence, subsection, section or other part of this Ordinance be held by a court of competent jurisdiction to be illegal, void, unenforceable, or unconstitutional, then the part so held shall be severed from this Ordinance and the remainder of this Ordinance shall remain in full force and effect. DULY PASSED AND ADOPTED in regular session this the 16" day of September, 2014 BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Charles K. Windes, Jr. Chairman ATTEST: Don W. Howard Clerk of Court LAND DEVELOPMENT CODE Chapter 2 Zoning Regulations vi. vii. 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 accessory buildings, other than one sign, not exceeding two (2) square feet in area, non-illuminated, and mounted flat against the wall of the principal building. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood. Any need for parking generated by the conduct of such home occupation shall be maintained on the premises. No equipment or process shall be used in the home occupation which creates noise, vibration, glare, fumes, or odors detectable to the normal senses off the premises of the dwelling unit. No equipment or process shall be used which creates visual and/or audible interference in any radio or television receiver, or causes fluctuations in the line voltage off the premises of the dwelling unit. To the extent that there is any sale of any item related to a home occupation by the permittee as a seller, no delivery of that item shall occur on or adjacent to the premises other than by delivery by The U.S. Postal Service or similar carrier. b. Application An application for a home occupation shall be made to the Planning and Inspection Department for a determination of compliance with the criteria set forth in Section a. prior to obtaining a license from the Tax Collector's Office (refer to Chapter 12 for the home occupation application fee). Applicant must sign a notarized affidavit, agreeing to continue to comply with all criteria contained in Section a, and acknowledge that any departure from the conditions authorizing the use shall be grounds for revocation of the applicable occupational license, without refund of application fee, and forfeit their right to continue the home occupation at the permitted site. When a nuisance complaint is received, an inspection shall be made to ensure compliance with this chapter. If lack of compliance is evident, the permittee shall be given thirty (30) days in which to comply or cease operation at the permitted site. 10. Livestock: Poultry: The keeping or harboring of livestock or poultry is permitted only as specified herein. “Livestock” includes all animals of the equine, bovine, or swine class including goats, sheep, mules, horses, hogs, cattle, ostriches, and other grazing animals. “Poultry” means all kinds of poultry and includes chickens, turkeys, ducks, guineas, geese, pigeons raised as domesticated food birds, quail, and other domesticated food birds. a. The keeping or harboring of livestock or poultry is not considered customarily incidental to residential uses of property and is prohibited in residential districts including R-1, R-2, R-3, and RR, unless otherwise approved by special exception. A special exception may be approved by the Board of Adjustment as specified in Section 11.02.09 of this Code after consideration of the following: 2-71 LAND DEVELOPMENT CODE Chapter 2 Zoning Regulations i. Size of the property involved; ii. Nature and character of the adjacent and surrounding area: iii. Impact upon the adjacent and surrounding area and zoning districts; iv. Potential for nuisance such as water pollution, dust, odor, noise, and vermin, and; v. The type and number of animals to be kept or harbored. b. The requirements of paragraph a above shall not apply to the keeping and raising of household pets. “Pet” means any animal kept for companionship or amusement rather than utility, burden, or associated with food products or food production. 11. Home or Kitchen Garden: Gardens for the growing of fruits and vegetables for personal or household food consumption are allowed in any zoning district, this includes areas that may be used for “community gardens” or “urban farms.” 2-72