Fort Walton Beach Ordinance — 2080--Amend Chapter 5, Accessory Uses — reading text

READING EMI ' ;2D2l ? 2nd ORDINANCE 2080 d 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 5, ACCESSORY, AND SPECIAL USE SITUATIONS OF THE LAND TEMPORARY, DEVELOPMENT CODE TO UPDATE STANDARDS FOR HOME-BASED BUSINESSES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on June 29, 2021, Governor Ron DeSantis signed House Bill 403 into law preempting the regulation of Home-Based Businesses to the State of Florida; and WHEREAS, the current Land Development Code provides restrictions to home-based businesses in contrast with the updated Florida Statute. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority and Intent The authority for enactment of this ordinance is contained in Chapter 166.021, 163. 3202, and other provisions of the Florida Statutes and Section 2 of the City Charter. Section 2. Recitals The above recitals are true and correct and adopted herein and confirmed. Section 3. Amendment to Section 5. 01. 01.— Home Occupations Section 5. 01. 00— Accessory Uses and Structures is here amended as follows: 5. 01. 01 — Home- Based Businesses Occupations. A. Home-based businesses occupations may be permitted as an accessory use in a lawfully established dwelling unit located in the R 1E, R 1, and areas zoned for residential use. The standards for home-based businesses occupations are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood. B. The following and similar uses shall be considered home fatten&  use. 3. Florist. 1. Veterinary clinic. 6. Repair of radios, televisions, co-• :. - , ` = ` ` :• - , 8.- west 5. 01. 01. BD. All home-based businesses oc-ovations shall comply with the following standards: 1. Employees of the home-based business est shall be limited to the residents of the dwelling in which the business occupation is located, except that up to a total of two ( 2) employees or independent contractors who do not reside at the residential dwelling may work at the business. 2. A home- based business occupatieri-shall be required to have a City Business Tax Receipt ( BTR). There shall be one ( 1) BTR for each business conducted in the dwelling. 3. The use ofthe dwelling unit for the home-based business occupation shall be clearly incidental and subordinate to its use for residential purposes and shall not change the residential character of the structure. 45. There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home: based business . . :. ': - .• .:'-: ; . ': home- occupation. However, one ( 1) unlighted nameplate, not more than one 1) square foot in area, may be attached to the front wall of the dwelling unit which constitutes the home occupation. identifying the name of the business  A home- based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. P. 6 - - •- . . - : .*: -- - • Parking or storage of heavy equipment at the home-based business location which is visible from the street or neighboring property is prohibited. For purposes of this paragraph, the term " heavy equipment" means commercial, industrial, or agricultural vehicles, equipment, or machinery. 78. The home- based business occupation shall not generate noise, vibration, glare, fumes, odors, or electrical interference to adjacent properties. 89. occupation All permissible vehicles shall be parked within a lawful garage, lawful carport, or on the driveway. However, vehicles with a primary purpose of commercial use are prohibited; such vehicles include well-drilling trucks, tow-trucks, cement mixers, semi-trailers, tractors, refrigerated trucks or vans, graders, or other earth moving equipment. . • -- . Taxi cabs may be permissible, provided that all such vehicles can be parked within a garage, or carport, or on the driveway. 10. No traffic shall be generated by such home occupation in 944. Any need for parking generated by the conduct of such home-based business occupation shall be met by the parking areas serving the residential use, such as the driveway, garage, or carport. No vehicle shall block access to the driveway or pedestrian movement on a sidewalk. Section 4. Findings The City Council of the City of Fort Walton Beach, Florida, finds that: The Local Planning Agency reviewed and recommended approval of Ordinance No. 2080 on September 2, 2021. The proposed ordinance is consistent with the goals, objectives, and policies of the City' s Comprehensive Plan. All notice requirements for enactment of the ordinance have been met in accordance with Development Code. the Florida Statutes and the City' s Land  Section 5. Effective Date This Ordinance shall take effect immediately upon approval on second reading by City Council and signature of the Mayor. Adopted: LSt p- e la-c r .z1‘ 110 a. 1 r+, Richard A.‘ ynearson, ayor Approved for form, legal i' ciency Attest: ate// L/!<. I. 7 4ar• aywa , Dykes, r., Ci • o W L, b Kim . Barnes, City Clerk 4 /-' s. e „ _ s, , , 1 iiir, J ice _ 3,„,.. tir 6- i I,, t . FLORIDA e  LOCALiQ The Gainesville Sun I The Ledger Daily Commercial I Ocala StarBanner p0 Box 631244 Cincinnati, OH 45263- 1244 News Chief I Herald- Tribune I News Herald Northwest Florida Daily News CITY OF FORT WALTON BEACH, FLORIDA PROOF OF PUBLICATION NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following ordinance on City Of Ft Walton Beach Tuesday, September 28, 6: 00 pm in the Council Chamber at 2021, at 107 MIRACLE STRIP PKWY SW Fort Walton Beach City Hall, 107 Ft Walton Beach FL 32548 Miracle Strip Parkway SW, at which time the City Council will consider its adoption into law. The ordinance in its entirety may be inspected online at www.fwb. org. or at the STATE OF FLORIDA, COUNTY OF OKALOOSA Office of the City Clerk during regu- lar business hours. All interested parties may appear at the meeting The Northwest Florida Daily News, a newspaper printed and and be heard with respect to this general circulation in published in the cityof Fort Walton, and of proposed Ordinance. the Counties of Okaloosa, Santa Rosa and Walton, State of ORDINANCE 2080 and that Florida, and personal knowledge of the facts herein state newspapers in the notice hereto annexed was Published in said AN ORDINANCE OF THE CITY