Fort Walton Beach Council agenda — 06-26-2007 regular agenda — reading text

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Q.,a. 1"0> CDQ) e o 0"0 a.. iii C Q tU- t:..!!! ii'i 2:- II) S e 3 00 CD I'- a:::  CITY COUNCIL MEETING June 26, 2007 General Public General Public on items of City business Agenda Item Number: 11  CITY COUNCIL MEETING June 26, 2007 Public Hearing Agenda Consideration of Ordinance 1726, amending section 12. 735. 01 Home Occupation, removing the requirement for an annual inspection by the Building Official and the Fire Chief First Reading) ( Fire Chief) Council Action 1st 2nd Vote: Agenda Item Number: 13  CITY OF FORTWAL TON BEACH MEMORANDUM DATE: June 18, 2007 TO: Joyce Shanahan, City Manager FROM: Mike Dutton, Fire Chief ~ SUBJECT: Land Development Code - Home Occupations Ordinance 1726 BACKGROUND: The City pennits Home Occupations in residential districts as described in the Land Development Code Section 12. 735. 01 under Miscellaneous Provisions of the Supplementary Land Use Regulations. Upon application for the Home Occupation, an inspection of the premises shall be made by the Building Official and the Fire Chief prior to the issuance of a Business Tax Receipt by the Finance Department. Currently, in addition to the initial inspection, an annual inspection of the premises is perfonned by the Fire Chief. DISCUSSION: The annual inspection process consumes approximately 2, 880 man hours of the Fire Department' s inspection time and 120 man hours of Community Development Service Department's time. In addition to the inspections, scheduling the appointments consumes another 100 man hours of Fire Department commitment. It is the goal of the City to charge sufficient amounts whereby the user fees imposed on our citizens pays for the service provided. This is no longer the case in annual Home Inspections and it has become cost prohibitive to continue this practice. We would have to charge an inordinate aIld unfair amount just to break even. Staff has prepared the attached draft of "Application for Business Tax Receipt for Home Occupations" that provides language addressing both the need for a fire extinguisher as well as the requirement of annual fire extinguisher inspections. Staff has also prepared the attached ordinance that would eliminate the annual inspection of Home. Occupations. This amendment would allow for the redirection of employee time to inspecting Commercial Businesses which present greater risks to consumers than home occupations. (Note: This ordinance does not eliminate the initial inspection of Home Occupations generated by the application process.) . C:\Documents and Sertings\n1durton\ MyDocuments\ Forms\ Home Occupation () rdinance StaffReport.doc  Business Tax:Receipt for Home Staffhas prepared the attached draft of "Application for Occupations" that provides language. addressing both the need for fire a extinguisher as well as the requirement of annual extinguisher inspections. Ordinance RECOMMENDATION: Staffrespectfully requests City Council approve 1726. Reviewed and Concurred: / Hold for discussion: Denied: p V or-- . Date City Manager Comments: C:\Documents and Set ings\mdut on\ MyDocuments\ Fonns\ Home OccupationOrdinanceStaffReport. d~ c .  1 ORDINANCE 1726 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING 4 FOR AUTHORITY; AMENDING. SECTION 12. 735. 01, LAND DEVELOPMENT CODE, 5 ENTITLED " HOME OCCUPATIONS"; BY REMOVING THE REQUIREMENT FOR AN 6 ANNUAL INSPECTION BY THE BUILDING OFFICIAL AND THE FIRE CHIEF AND 7 AMENDING SECTION 8. 05.01, LICENSES & BUSINESS REGULATIONS; ENTITLED 8 ANNUAL INSPECTION REQUIRED"; BY REMOVING THE REQUIREMENT FOR 9 THE FIRE DEPARTMENT TO CONDUCT AN ANNUAL INSPECTION FOR HOME 10 OCCUPATIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR 11 SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, the amendment is necessary to clarify the annual inspection requirement for a 14 home occupation by the city' s fire department and building official, an~ 15 16 c. IE.REAS, two public hearings have been conducted after giving due public notice 17 pursuant to Section 166. 041, Florida Statutes, by the City CounCil of Fort Walton Beach. 18 19 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 20 FORT WALTON BEACH, FLORIDA, AS FOLLOWS: 21 22 SECTION I. AUTHORITY. The authority for enactment oftbis ordinance is pursuant to 23 Section 2 of the City Charter of the CityofFort Walton Beach, and Section 166. 021(1) Florida 24 Statutes. 25 26 SECTION II. AMENDMENT OF CHAPTER 12. 735. 01. Volume IV, Land 27 Development Code. Chapter 12. 735. 01 Home Occupations is hereby amended as follows. 28 29 Sec. 12. 735. 01 Home Occupations 30 1) General restrictions. Home occupations shall be permitted as an accessory use in all residential 31 districts, shall be clearly incidental to the residential use of the dwelling and shall not change the 32 essential residential character of the dwelling or adversely affect the uses permitted in the district of 33 which it is a part. No home occupation shall be pennitted which might interfere with the general 34 welfare of the surrounding residential area due to potential noise, increased pedestrian or vehicular 35 traffic or any other condition which would constitute an objectionable use of residentially zoned 36 property . 37 2) Standards. The standards for home occupations are intended to ensure compatibility with other 38 permitted uses and with the residential character of the neighborhood. Home occupations are 39 permitted in all residential districts, provided the following criteria are met upon review by the 40 planning and zoning department: (a) No person other than a member of the family residing on the 41 premises shall be engaged in such occupation on the premises. 42 b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate 43 to its use for residential purposes by its occupants, and notmore than 25 percent of the livable floor 44 area of the dwelling unit shall be used in the conduct of the home occupation. c) There shall be no change in the outside 45 appearance of the building or premises, or other visible 6 evidence of the conduct of such home occupation, including outside storage or signs pertaining to 1 of 4 - Ordinance 1726 47 the home occupation, except that an unlighted nameplate, not more than one square foot in area, 48 may be attached to the front wall of the dwelling unit. 49 d) No home occupation shall be conducted in any accessory building. e) No 50 equipment shall be permitted~x:gept that which is of a quantity and 51 configuration normally used for purelY-domestic purposes. 52 t)The use shall not generate noise, vibration, glare, fumes, odors or electrical interference beyond 53 what normally occurs in the applicable zoning district. 54 g) No marked vehicle of any kind associated with the home occupation shall be kept on the 55 premises or parked on the street in a residential district unless so stipulated by the board of 56 adjustment, subject to the limitation that all such home occupation related vehicles must be of a 57 passenger type or recreation van type and shall not be larger than a stock three- quarter ton panel or 58 pickup truck. 59 h) No person shall be allowed to conduct more than one home occupation,and no home occupation 60 permit shall be issued to any person to conduct a home occupation in a dwelling unit for which a 61 current home occupation permit is outstanding. UL. i) A home occupation shan be required to have a city occupational license business tax receipt. 63 G) No provision for off-street parking or loading facilities, other than the requirements of the 64 residential district in which the use is located, shall be permitted. No part of a required yard shall be 65 used for such off~ street parking or loading purposes. No additional driveways to serve such home 66 occupation shall be permitted. 67 3) Permitted home occupations. The following examples are considered legal home occupations, 68 provided that the standards in subsection (b) of this section and the procedures in subsection ( e) of 69 this section are