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File #: ORD 2022-006    Name: Ch 18 Home based businesses
Type: Ordinance Status: Passed
File created: 4/4/2022 In control: City Commission
On agenda: 6/9/2022 Final action: 6/9/2022
Title: AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES, BY AMENDING CHAPTER 18, "TAXATION," ARTICLE I, "IN GENERAL," SECTION 18-1, "DEFINITIONS," AND ARTICLE II, "BUSINESS TAX RECEIPTS," SECTION 18-36, "HOME BASED BUSINESSES," IN ORDER TO UPDATE DEFINITIONS AND REGULATIONS APPLICABLE TO COTTAGE FOOD OPERATIONS AND HOME BASED BUSINESSES CONSISTENT WITH STATE LAW. (SECOND READING)(PUBLIC HEARING)
Indexes: Amendment, Chapter 18, Code of Ordinances, Home Based Businesses, Ordinance
Code sections: 18-36 - Home based businesses, Chapter 18 - Taxation
Attachments: 1. ORDINANCE 2022-006-Ch. 18 Amdmts-Home Based Businesses, 2. BACKUP-Current Code Sec. 18-1 and 18.36 Definitions, 3. BACKUP-Fla. Statue 559.955 Home Based Businesses, 4. BACKUP-Fla. Statute 500.80 Cottage Food Operations, 5. MINUTES-2022-0413 PZ Mtg
AGENDA ITEM REPORT
TITLE:
title
AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES, BY AMENDING CHAPTER 18, "TAXATION," ARTICLE I, "IN GENERAL," SECTION 18-1, "DEFINITIONS," AND ARTICLE II, "BUSINESS TAX RECEIPTS," SECTION 18-36, "HOME BASED BUSINESSES," IN ORDER TO UPDATE DEFINITIONS AND REGULATIONS APPLICABLE TO COTTAGE FOOD OPERATIONS AND HOME BASED BUSINESSES CONSISTENT WITH STATE LAW. (SECOND READING)(PUBLIC HEARING)

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BACKGROUND:
This item was approved on First Reading at the May 26, 2022, City Commission Meeting.
The City currently regulates home based businesses in Chapter 18, "Taxation," Section 18-36, of the City's Code of Ordinances (Code). The purpose of the home based business regulations is to permit limited business activities in a residence subject to criteria. Generally, a home based business must be incidental and secondary to the principal residential use. The most popular type of home based business is a home office for a small business located in a residential zoning district.
Home based businesses cannot create nuisances such as noise, sounds, smoke, fumes, odors, vibrations, or interference to abutting residential properties. Many activities that would normally occur on a commercial property, such as additional employees, visible commercial vehicle parking, signage, repair, storage, manufacturing, retailing, or warehousing of merchandise or goods is not permitted under the existing City Code.
In 2021, the Florida Legislature adopted new legislation that preempts local government regulations pertaining to home based businesses and Cottage Food Operations. Cottage Food Operations are not currently regulated in the City's Code, but will now be recognized as a home based business consistent with state law.
DISCUSSION:
The proposed code amendments incorporate the state preemptions into the City's Code and blend the state statute language with the existing City Code. Some parts of the existing ordinance must be removed as they conflict w...

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