Item T2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 15,2003
Division: Growth Management
Bulk Item: Yes
No X
Department:
Planning
AGENDA ITEM WORDING: First of two public hearings for proposed amendments to Sections 9.5-4 (Home Occupation), 9.5-233,
234, 235.1, 236, 237, 238, 239, 240, 241, 242, 245, 246, 247, and 248 and creation of Section 9.5-259 (new), Monroe County Code,
establishing a new definition and rules and procedures for administrative approval of Home Occupations.
ITEM BACKGROUND: Sec. 9.5-4. Definitions (H-6) defines Home Occupations and, somewhat inappropriately, continues to describe
the administrative methodology for receiving a special use permit. Within the section on definitions, it is appropriate to define Home
Occupations. However, the required standards for a home occupation and the administrative regulations should be located within the
regulatory sections of the LDR's.
During the past 10 to 20 years the magnitude of home occupations has increased dramatically. The advancements in communications
and computer applications have made "working out of your house" a common experience. More and more, resident's of Monroe County
derive their income in occupations that require only the use of a telephone, a fax machine, and a computer which can readily be located
in a person's private residence. These occupations require no special office space, no advertising, no additional staff, no room for
storage, no waiting area for customers, and generally no need for deliveries.
The issuance of a special permit for home occupations only after a public hearing by the Planning Commission has become an onerous
and time consuming effort for both the applicant and the Commission and Staff. Only rarely does any resident other than the applicant
attend these hearings.
The staff of the Monroe County Planning Department, at the request of the Planning Commission, is proposing to revise the LDR's.
Staff proposes to revise the definition of Home Occupation. Staff further proposes, in a separate section, to amend the regulations to
require approval of a special use permit by the Director of Planning. The community will then be given an opportunity to request a
public hearing before the Planning Commission upon the rare occasion that a neighboring resident is in opposition to the proposed
Home Occupation.
At a regularly scheduled public meeting on October 3, 2002, the Development Review Committee reviewed the proposed change and
recommended approval to the Planning Commission. The proposed changes were reviewed at public hearings of the Planning
Commission on November 6 and November 19, 2002. After a number of modifications were made to the text, the Planning
Commission, at their public hearing of December 4, 2002, voted to recommend approval of the proposed text changes to the Monroe
County Board of County Commissioners.
PREVIOUS REVELANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDA TIONS: APPROVAL
TOTAL COST: N/A
BUDGETED: Yes N/ A
No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A
Year
DOCUMENTATION:
Included X
APPROVED BY: County Atty ~ OMBlPurchasing_
DIVISION DIRECTOR APPROVAL:
To Follow
DISPOSITION:
AGENDA ITEM #
TZ
Revised 01/03
AMENDMENT TO THE MONROE COUNTY
LAND DEVELOPMENT REGULATIONS
Board of County Commissioners
Key West
January 15, 2003
PROPOSED AMENDMENT TO THE MONROE COUNTY
LAND DEVELOPMENT REGULATIONS
A request filed by the Monroe County The Planning Department proposing to
amend Section 9.5-4 (H-6 Home occupation) to provide a clearer definition.
Section 9.5-259 will be added to allow Home Occupation Special Use Permit
approval by the Director of Planning and eliminating the need for a Planning
Commission public hearing unless requested by the applicant or surrounding
property owners.
Future Land Use Map Recommendations
Staff
Approval
September 28, 2002
October 3, 2002
Staff Report
DRC
Approval
Resolution #017-02
PC
Approval (as amended) December 4, 2002
Resolution #P78-02
BOCC STAFF REPORT
MEMORANDUM
TO: Monroe County Board of County Commissioners
FROM: K. Marlene Conaway, Director of Planning
DATE: December 12, 2002
RE: HOME OCCUPATION SPECIAL USE PERMIT
I. BACKGROUND
Sec. 9.5-4. Definitions (H-6) defines Home Occupations and,
somewhat inappropriately, continues to describe the administrative
methodology for receiving a special use permit. Within th~ section on
definitions, it is appropriate to define Home Occupations. However,
the required standards for a home occupation and the administrative
regulations should be located within the regulatory sections of the
LDR's.
During the past 10 to 20 years the magnitude of home occupations
has increased dramatically. The advancements in communications and
computer applications have made "working out of your house" a
common experience. More and more, resident's of Monroe County
derive their income in occupations that require only the use of a
telephone, a fax machine, and a computer which can readily be
located in a person's private residence. These occupations require no
special office space, no advertising, no additional staff, no room for
storage, no waiting area for customers, and generally no need for
deliveries.
The issuance of a special permit for home occupations only after a
public hearing by the Planning Commission has become an onerous
and time consuming effort for both the applicant and the Commission
and Staff. Only rarely does any resident other than the applicant
attend these hearings.
The staff of the Monroe County Planning Department, at the
request of the Planning Commission, is proposing to revise the LDR's.
Staff proposes to revise the definition of Home Occupation. Staff
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further proposes, in a separate section, to amend the regulations to
require approval of a special use permit by the Director of Planning.
The community will then be given an opportunity to request a public
hearing before the Planning Commission upon the rare occasion that a
neighboring resident is in opposition to the proposed Home
Occupation.
At a regularly scheduled public meeting on October 3, 2002, the
Development Review Committee reviewed the proposed change and
recommended approval to the Planning Commission. The proposed
changes were reviewed at public hearings of the Planning Commission
on November 6 and November 19, 2002. After a number of
modifications were made to the text, the Planning Commission, at
their public hearing of December 4, 2002, voted to recommend
approval of the proposed text changes to the Monroe County Board of
County Commissioners.
II. ANALYSIS &. FINDINGS OF FACT
1. The Planning Commission finds that there is a need to revise the
definition of Home Occupation.
2. The Planning Commission finds that there is a need to amend the
regulations for issuance of a home occupation special permit.
3. The Planning Commission finds that the proposed change is
consistent with Section 9.S-S11(d)(S) b. (iv) New Issues and (v)
Recognition of a need for additional detail or comprehensiveness.
4. The Planning Commission finds that the proposed change is
consistent with the goals of the Monroe County Year 2010
Comprehensive Plan.
III. PROPOSED TEXT
Monroe County Code Section 9.5-4 (H-6) is amended to read as follows:
Home occupation means a business, profession, occupation or
trade conducted within a residential building or accessory structure for gain
or support by a resident of the dwelling. which:
(1) Is incident;)1 ;)nd second;)ry to the residenti;)1 use of
the building;
(2) Docs not ch3nge the essentbl residential ch3r3cter of the
~
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(3) Employs no more than one (1) person 'tlho is a nonresidont
of tho building;
(-1) The residont of the dwelling unit holds a valid occupational
license for the use;
(5) Is confined to no more than t\venty (20) percent of the total
floor area of the d\'.'elling;
(6) Does not display or sell any stock in trade on the premises;
(7) Is not visible from any other residential structure;
(8) Does not store outside of the dwelling any equipment or
materials used in the home occupation;
(9) Does not utilize mechanical, electrical or other equipment
which produces noise, electrical or magnetic interference vibration,
heat, glare, or other nuisance outside the residential building or
accessory structure; and
(10) Does not increase the average daily automobile trips
generated by the residence in which the home occupation is
located.
Such a home occupation may be conducted only after approval of the
planning commission, which shall hold a special use hearing on the
request, except in commercial fishing residential 'Jo'here a special use
permit is not required. The planning commission may deny or grant a
special use permit for the home occupation with such other conditions
deemed in the public interest and consistent v.'ith these requirements.
Monroe County Code Section 9.5-233(a){3) [Urban Residential District] is
amended to read as follows:
Home occupations--Special use permit required. requiring a public
hearing;
Monroe County Code Section 9.5-234{a){4) [Urban Residential-Mobile Home
District] is amended to read as follows:
Home occupations--Special use permit required. requiring a public
hearing;
Monroe County Code Section 9.5-235.1 (a){3) [Urban Mobile Home-Limited
District] is amended to read as follows:
Home occupations--Special use permit required. requiring a public
hearing;
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Monroe County Code Section 9.5-236(a)(4) [Sub Urban Residential District]
is amended to read as follows:
Home occupations--Special use permit required. roquiring a public
h03ring;
Monroe County Code Section 9.5-237(a)(4) [Sub Urban Residential District-
Limited] is amended to read as follows:
Home occupations--Special use permit required. requiring a public
h03ring;
Monroe County Code Section 9.5-238(a)(3) [Sparsely Settled Residential
District] is amended to read as follows:
Home occupations--Special use permit required. requiring a public
he3ring;
Monroe County Code Section 9.5-239(a)(3) [Native Area District] is
amended to read as follows:
Home occupations--Special use permit required. roquiring a public
h03ring;
Monroe County Code Section 9.5-240(a)(3) [Mainland Native Area District]
is amended to read as follows:
Home occupations--Special use permit required. requiring a public
hearing;
Monroe County Code Section 9.5-241(a)(3) [Offshore Island District] is
amended to read as follows:
Home occupations--Special use permit required. requiring 3 public
hearing;
Monroe County Code Section 9.5-242 (a)(4) [Improved Subdivision District]
is amended to read as follows:
Home occupations--Special use permit required. requiring :3 public
hO:lring;
Monroe County Code Section 9.5-245(d) [Commercial Fishing Area District]
is amended by adding subparagraph (4) that reads as follows:
(4) Home occupations--Special use permit required; commercial
fishina does not require a special use permit.
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Monroe County Code Section 9.5-246(a)[Commercial Fishing Village
District] is amended by adding subparagraph (6) that reads as follows:
(6) Home occupation--Special use permit required: commercial
fishinq does not require a special use permit.
Monroe County Code Section 9.5-247(a)(1) [Commercial Fishing Special
District 1] is amended by adding subparagraph f. that reads as follows:
f. Home occupation--Special use permit required: commercial
fishino does not require a special use permit.
Monroe County Code Section 9.5-247(b)(1) [Commercial Fishing Special
District 2] is amended by adding subparagraph f. that reads as follows:
f. Home occupation--Special use permit required: commercial
fishino does not require a special use permit.
Monroe County Code Section 9.5-247(e)(1) [Commercial Fishing Special
District 5] is amended by adding subparagraph m. that reads as follows:
m. Home occupation--Special use permit required: commercial
fishinq does not require a special use permit.
Monroe County Code Section 9.5-247(h)(1) [Commercial Fishing Special
District 8] is amended by adding subparagraph d. that reads as follows:
d. Home occupation--Special use permit required; commercial
fishino does not require a special use permit.
Monroe County Code Section 9.5-247(1)(1) [Commercial Fishing Special
District 12] is amended by adding subparagraph f. that reads as follows:
f. Home occupation--Special use permit required; commercial
fishing does not require a special use permit.
Monroe County Code Section 9.5-247(m)(1) [Commercial Fishing Special
District 13] is amended by adding subparagraph f. that reads as follows:
f. Home occupation--Special use permit required; commercial
fishina does not require a special use permit.
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Monroe County Code Section 9.5-247(p)(4) [Commercial Fishing Special
District 16] is amended by adding subparagraph c. that reads as follows:
c. Home occupation--Special use permit required: commercial
fishinQ does not require a special use permit.
Monroe County Code Section 9.5-247(q)(3) [Commercial Fishing Special
District 17] is amended by adding subparagraph e. that reads as follows:
e. Home occupation--Special use permit required: commercial
fishino does not require a special use permit.
Monroe County Code Section 9.5-247(s)(1) [Commercial Fishing Special
District 20] is amended by adding subparagraph m. that reads as follows:
m. Home occupation--Special use permit required: commercial
fishino does not require a special use permit.
Monroe County Code Section 9.5-248 (a)(10) [Mixed Use District] is
amended to read as follows:
Home occupations--Special use permit required. requiring 3 public
hoaring;
Monroe County Code is amended to create Section 9.5-259 that reads as
follows:
Sec. 9.5-259. Home occupation special use permit.
(a) Applicabilitv: Home occupation special use permits may be
approved in any zonino district in which residential use is allowed.
includino nonconformino residential uses where such use was otherwise
lawfully established.
(b) Applications: Applications for home occupation special use
permits shall be submitted to the planninQ director on forms provided by
the director. The application shall include a properly executed affidavit
from the applicant attestino to compliance with the standards and
requirements for home occupations as outlined in this section.
(c) Authoritv: The plannino director is authorized to approve and
otherwise administer home occupational special use permits as
specifically set forth in this section.
(d) Notification of pendina application: No later than five (5)
workino days after determinino that an application for a home occupation
special use permit is complete and in compliance with the requirements of
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this division. notice of the impendino application shall be provided as
follows:
(1) The plannina director shall provide written notice by reoular
mail to owners of real property located within 300 feet of the
property which is the subiect of the proposed home
occupation:
(2) The written notices shall provide a brief description of the
proposed home occupation and indicate where the public
may examine the application. The cost of providino this
notice shall be borne by the applicant.
(e) Review bv the olannina director: Within fifteen (15) workino
days of receivino a complete application. the plannina director shall
determine whether the proposed home occupation is consistent the
followina standards and reauirements:
(1) The home occupation is incidental and secondary to the
residential use of the buildino:
(2) The home occupation does not chanae the essential
residential character of the use:
(3) Not more than one (1) person who is a nonresident of the
dwellina unit is employed by the home occupation:
(4) The home occupational use is not more than twenty (20)
percent of the total floor area of the dwellino:
(5) The home occupation does not involve any retail sales or
service which would reauire customers to visit the residence.
nor does the physical address of the residence appear on
any advertisino materials includino stationary and business
cards:
(6) The home occupation is not visible from any other residential
structure:
(7) No sion advertisina the home occupation is displayed on the
premises;
(8) The home occupation does not involve the outdoor storaae
of any eauipment or materials:
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(9) The home occuoation does not utilize mechanical. electrical
or other eQuioment' which oroduces noise. electrical or
maanetic interference. vibration. heat. Qlare. or other
nuisance outside the residential buildinQ or accessory
structure: and
(10) The home occuoation does not increase the averaae daily
automobile trios aenerated by the residence in which the
home occuoation is located.
(f) Decision bv the olannina director: Uoon a findina that the
orooosed home occuoation comoUes with all of the requirements of this
section. the olannina director shall issue a home occuoational soecial use
oermit. with or without conditions. The oermit and the affidavit atlestina to
comoliance with the above requirements shall be filed with the clerk of the
court and recorded in the official records of Monroe County. The oermit
shall authorize only the current resident of the dwellinQ unit for the
oarticular home occuoation orooosed and shall not be transferable to
another location or to another oerson or entity.
(a) Public Hearina on an aoolication for a Home Occuoation Soecial
Use Permit: If requested by the aoolicant. an adiacent orooerty owner or
an adversely affected owner of real orooerty located within 300 feet of the
orooerty which is the subiect of the orooosed home occuoation durina the
required thirty (30) calendar days of the oostina. a oubUc hearina date
shall be scheduled on the aoolication for a home occuoational soecial use
oermit. The oubUc hearina shall be conducted by the olannina
commission in accordance with the orovisions of Sec. 9.5-22 (Planning
Commission ):
(h) Revocation: The olannina director shall have the authority to
initiate actions to revoke home occuoation soecial use oermits and all
such actions shall require a oublic hearinQ to be conducted before the
olannina commission in accordance with Section 9.5-22. The olannina
commission shall have the authority to revoke any home occuoation
soecial use oermit where there is comoetent and substantial evidence to
establish any of the followinQ:
(1) That an aoolication for home occuoation soecial use
aooroval contains knowinQly false or misleadinQ information:
(2) A violation by the holder of a home occuoation soecial use
oermit of any orovision of this section:
(3) A violation of any condition of the home occuoation soecial
use oermit imoosed oursuant to this section: or
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(4) That the home occupation constitutes a public or private
nuisance under Florida law.
* Underlined text is new.
* Strikothrough text is dolotod.
IV. RECOMMENDATIONS
The Planning Commission and Planning Director recommend
APPROVAL to the Monroe County Board of County Commissioners of
the proposed text amendment for Home Occupation Special Use
Permit in the Monroe County Land Development Regulations.
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BOCC DRAFT ORDINANCE
ORDINANCE -2003
AN ORDINANCE AMENDING MONROE COUNTY CODE
SECTION 9.5-4 (H-6, HOME OCCUPATION), MONROE COUNTY
CODE TO PROVIDE A CLEARER DEFINITION; AMENDING
SECTIONS 9.5-233,234,235.1,236,237,238,239,240,241,242,
AND 248 TO DELETE PUBLIC HEARING REQUIREMENT;
AMENDING SECTION 9.5-247 (COMMERCIAL FISHING SPECIAL
DISTRICTS), TO ALLOW HOME OCCUPATIONS; CREATING
SECTION 9.5-259 TO PROVIDE RULES AND PROCEDURES
FOR ADMINISTRATIVE APPROVAL BY THE PLANNING
DIRECTOR OF HOME OCCUPATIONS; PROVIDING FOR THE
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
THE INCORPORATION INTO THE MONROE COUNTY CODE;
DIRECTING THE CLERK OF THE BOARD TO FORWARD A
CERTIFIED COPY OF THIS ORDINANCE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Section 9.5-4. Definitions (H-6) defines Home Occupations
and continues inappropriately to describe the administrative methodology
required to receive a special permit; and
WHEREAS, Section 9.5-4 (H-6) should contain only a definition of Home
Occupation; and
WHEREAS, required standards for a home occupation and the applicable
administrative regulations should appropriately be located in the regulatory
sections of the Monroe County Land Development Regulations; and
WHEREAS, during the past ten (10) to twenty (20) years the numbers of
home occupations have increased dramatically; and
WHEREAS, the issuance of a special permit for home occupations only
after a public hearing by the Planning Commission has become an onerous and
time consuming effort for the applicant, the Commission, and Staff; and
WHEREAS, the Monroe County Board of County Commissioners finds
that there is a need to revise the definition of Home Occupation; and
WHEREAS, the Monroe County Board of County Commissioners finds
that there is a need to amend the regulations for issuance of a home occupation
special permit; and
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WHEREAS, at a public meeting of October 3, 2002 the Monroe County
Development Review Committee reviewed the staff report the Findings of Fact
and the proposed amendment and recommended approval of the proposed text
amendment; and
WHEREAS, the Monroe County Planning Commission, during regular
meetings held on November 6,2002, on November 19, 2002 and on December
4, 2002 conducted hearings on the proposed text and recommended approval of
the text to the Monroe County Board of County Commissioners; and
WHEREAS, the Board of County Commissioners examined the proposed
amendment to the Monroe County Code submitted by the Monroe County
Planning Department; and
WHEREAS, the Monroe County Board of County Commissioners held the
required public hearing on January 15, 2003; and
WHEREAS, based on the Monroe County Code the Board of County
Commissioners finds that the proposed change is consistent with Section 9.5-
511 (d) (5) b. (iv) New Issues and (V) Recognition of a need for additional detail
or comprehensiveness; and
WHEREAS, based on the Monroe County Year 2010 Comprehensive
Plan, the Board of County Commissioners finds that the proposed text
amendment is consistent with and furthers the goals of the Plan; and
WHEREAS, The Monroe County Board of County Commissioners hereby
supports the decision of the Monroe County Planning Commission and the staff
of the Monroe County Planning Department; and
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners that the following amendment to the Monroe County Code be
approved adopted and transmitted to the state land-planning agency for
approval.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS, OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Monroe County Code Section 9.5-4 (H-6) is amended to read as
follows:
Home occupation means a business, profession, occupation or
trade conducted within a residential building or accessory structure for gain
or support by a resident of the dwelling which:
(1) I::; incidentZlI Z1nd secondZlr'j to the residentiZlI use of
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the building;
(2) Does not change the essential residential oh~lracter of the
YSEr,
(3) EmploYG no moro than one (1) pOrGon who iG a nonresident
of tho building;
(-1) The roGidont of tho dwolling unit holds a valid ocoupational
licenGo for the use;
(5) Is confinod to no moro than twenty (20) peroent of tho total
floor aroa of tho d'A'olling;
(6) Does not display or sell any stock in trade on the promises;
(7) Is not visible from any othor rosidential structure;
(8) DOOG not Gloro outsido of the d'Nelling any equipmont or
matorialG UGod in tho homo occupation;
(9) Does not utilize mechanical, oloctrical or other equipment
which produces noise, electrical or magnetic interferonce vibration,
heat, glare, or other nuisanco outside the residontial building or
accessory structure; and
(10) Does not increaso tho a'.'orage daily automobile trips
generated by tho reGidonco in which tho home occupation is
locatod.
Such a home occupation may bo conductod only aftor approval of tho
planning commission, 'Nhich shall hold a spocial use hearing on tho
request, except in commorcial fiGhing reGidontial where a spocial use
permit iG not required. The planning commisGion may deny or grant a
spocial uso pormit for the home occupation '.\lith Guch other conditions
deemed in tho public intorost and consistont with thoGO requirements.
Section 2. Monroe County Code Section 9.5-233(a)(3) [Urban Residential
District] is amended to read as follows:
Home occupations--Special use permit required. requiring a public
hearing;
Section 3. Monroe County Code Section 9.5-234(a)(4) [Urban Residential-
Mobile Home District] is amended to read as follows:
Home occupations--Special use permit required. requiring a public
hearing;
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Section 4. Monroe County Code Section 9.5-235.1 (a)(3) [Urban Mobile Home-
Limited District] is amended to read as follows:
Home occupations--Special use permit reQuired. requiring 0 public
he3ring;
Section 5. Monroe County Code Section 9.5-236(a)(4) [Sub Urban Residential
District] is amended to read as follows:
Home occupations--Special use permit reQuired. requiring 3 public
hS3ring;
Section 6. Monroe County Code Section 9.5-237(a)(4) [Sub Urban Residential
District -Limited] is amended to read as follows:
Home occupations--Special use permit reQuired. requiring 3 public
h03ring;
Section 7. Monroe County Code Section 9.5-238(a)(3) [Sparsely Settled
Residential District] is amended to read as follows:
Home occupations--Special use permit reQuired. requiring a public
hearing;
Section 8. Monroe County Code Section 9.5-239(a)(3) [Native Area District] is
amended to read as follows:
Home occupations--Special use permit reQuired. requiring 0 public
hearing;
Section 9. Monroe County Code Section 9.5-240(a)(3) [Mainland Native Area
District] is amended to read as follows:
Home occupations--Special use permit reQuired. requiring 3 public
h03ring;
Section 10. Monroe County Code Section 9.5-241 (a)(3) [Offshore Island District]
is amended to read as follows:
Home occupations--Special use permit reQuired. requiring 3 public
hearing;
Section 11. Monroe County Code Section 9.5-242 (a)(4) [Improved Subdivision
District] is amended to read as follows:
Home occupations--Special use permit reQuired. requiring 3 public
homing;
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Section 12. Monroe County Code Section 9.5-245(d) [Commercial Fishing Area
District] is amended by adding subparagraph (4) that reads as follows:
(4) Home occupations--Special use permit required: commercial
fishinQ does not require a special use permit.
Section 13. Monroe County Code Section 9.5-246(a)[Commercial Fishing Village
District] is amended by adding subparagraph (6) that reads as follows:
(6) Home occupation--Special use permit required: commercial
fishina does not require a special use permit.
Section 14. Monroe County Code Section 9.5-247(a)(1) [Commercial Fishing
Special District 1] is amended by adding subparagraph f. that reads as follows:
f. Home occupation--Special use permit required: commercial
fishinQ does not require a special use permit.
Section 15. Monroe County Code Section 9.5-247(b)(1) [Commercial Fishing
Special District 2] is amended by adding subparagraph f. that reads as follows:
f. Home occupation--Special use permit required: commercial
fishina does not require a special use permit.
Section 16. Monroe County Code Section 9.5-247(e)(1) [Commercial Fishing
Special District 5] is amended by adding subparagraph m. that reads as follows:
m. Home occupation--Special use permit required: commercial
fishinQ does not require a special use permit.
Section 17. Monroe County Code Section 9.5-247(h)(1) [Commercial Fishing
Special District 8] is amended by adding subparagraph d. that reads as follows:
d. Home occupation--Special use permit required: commercial
fishinQ does not require a special use permit.
Section 18. Monroe County Code Section 9.5-247(1)(1) [Commercial Fishing
Special District 12] is amended by adding subparagraph f. that reads as follows:
f. Home occupation--Special use permit required: commercial
fishina does not require a special use permit.
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Section 19. Monroe County Code Section 9.5-247(m)(1) [Commercial Fishing
Special District 13] is amended by adding subparagraph f. that reads as follows:
f. Home occupation--Special use permit required: commercial
fishino does not require a special use permit.
Section 20. Monroe County Code Section 9.5-247(p)(4) [Commercial Fishing
Special District 16] is amended by adding subparagraph c. that reads as follows:
c. Home occupation--Special use permit required: commercial
fishinq does not require a special use permit.
Section 21. Monroe County Code Section 9.5-247(q)(3) [Commercial Fishing
Special District 17] is amended by adding subparagraph e. that reads as follows:
e. Home occupation--Special use permit required: commercial
fishino does not require a special use permit.
Section 22. Monroe County Code Section 9.5-247(s)(1) [Commercial Fishing
Special District 20] is amended by adding subparagraph m. that reads as follows:
m. Home occupation--Special use permit required: commercial
fishino does not require a special use permit.
Section 23. Monroe County Code Section 9.5-248 (a)(10) [Mixed Use District]
is amended to read as follows:
Home occupations--Special use permit required. requiring 3 public
h03ring;
Section 24. Monroe County Code is amended to create Section 9.5-259 that
reads as follows:
Sec. 9.5-259. Home occupation special use permit.
(a) Applicabilitv: Home occupation special use permits may be
approved in any zonino district in which residential use is allowed.
includino nonconformino residential uses where such use was otherwise
lawfully established.
(b) Applications: Applications for home occupation special use
permits shall be submitted to the plannino director on forms provided by
the director. The application shall include a properly executed affidavit
from the applicant attestinq to compliance with the standards and
requirements for home occupations as outlined in this section.
Page 6 of 10
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(c) Authoritv: The plannina director is authorized to approve and
otherwise administer home occupational special use permits as
specifically set forth in this section.
(d) Notification of pendina application: No later than five (5)
workina days after determinina that an application for a home occupation
special use permit is complete and in compliance with the reauirements of
this division. notice of the impendina application shall be provided as
follows:
(1) The plannina director shall provide written notice by reaular
mail to owners of real property located within 300 feet of the
property which is the subiect of the proposed home
occupation:
(2) The written notices shall provide a brief description of the
proposed home occupation and indicate where the public
may examine the application. The cost of providina this
notice shall be borne by the applicant.
(e) Review bv the p/annina director: Within fifteen (15) workina
days of receivina a complete application. the plannina director shall
determine whether the proposed home occupation is consistent the
followina standards and reauirements:
(1) The home occupation is incidental and secondary to the
residential use of the buildina:
(2) The home occupation does not chanae the essential
residential character of the use:
(3) Not more than one (1) person who is a nonresident of the
dwellina unit is employed by the home occupation:
(4) The home occupational use is not more than twenty (20)
percent of the total floor area of the dwellina:
(5) The home occupation does not involve any retail sales or
service which would reauire customers to visit the residence.
nor does the physical address of the residence appear on
any advertisina materials includina stationary and business
cards:
(6) The home occupation is not visible from any other residential
structure:
Page 7 of 10
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(7) No sian advertisina the home occupation is displaved on the
premises;
(8) The home occupation does not involve the outdoor storaae
of any equipment or materials;
(9) The home occupation does not utilize mechanical. electrical
or other equipment which produces noise. electrical or
maQnetic interference. vibration. heat. Qlare. or other
nuisance outside the residential buildinQ or accessory
structure; and
(10) The home occupation does not increase the averaae dailv
automobile trips Qenerated bv the residence in which the
home occupation is located.
(f) Decision bv the p/annina director: Upon a findina that the
proposed home occupation complies with all of the requirements of this
section. the planninQ director shall issue a home occupational special use
permit. with or without conditions. The permit and the affidavit attestina to
compliance with the above requirements shall be filed with the clerk of the
court and recorded in the official records of Monroe County. The permit
shall authorize onlv the current resident of the dwellinQ unit for the
particular home occupation proposed and shall not be transferable to
another location or to another person or entity.
(Q) Public Hearina on an application for a Home Occupation Special
Use Permit: If requested bv the applicant. an adiacent property owner or
an adversely affected owner of real property located within 300 feet of the
property which is the subiect of the proposed home occupation durina the
required thirty (30) calendar days of the postina. a public hearina date
shall be scheduled on the application for a home occupational special use
permit. The public hearina shall be conducted bv the plannina
commission in accordance with the provisions of Sec. 9.5-22 (PlanninQ
Commission );
(h) Revocation: The plannina director shall have the authority to
initiate actions to revoke home occupation special use permits and all
such actions shall require a public hearinQ to be conducted before the
planninQ commission in accordance with Section 9.5-22. The plannina
commission shall have the authority to revoke any home occupation
special use permit where there is competent and substantial evidence to
establish any of the followinQ:
(1) That an application for home occupation special use
approval contains knowinQlv false or misleadina information;
Page 8 of 10
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(2) A violation bv the holder of a home occupation special use
permit of any provision of this section:
(3) A violation of any condition of the home occupation special
use permit imposed pursuant to this section: or
(4) That the home occupation constitutes a public or private
nuisance under Florida law.
* Underlined text is new.
* Strikethrough text is deleted.
Section 25. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this
ordinance shall not be affected by such validity.
Section 26. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 27. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of the County of Monroe,
Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 28. This ordinance shall be filed in the Office of the Secretary of State
of Florida, but shall not become effective until a notice is issued
by the Department of Community Affairs or Administrative
Commission approving the ordinance.
Section 29. This ordinance shall be transmitted by the Planning Department
to the Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
Page 9 of 10
\\GMD0059\tim\DOCUMENnComp RevLDRs\homeoccupation.doc
PASSED AND ADOPTED By the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the day of ,2003.
Mayor Dixie Spehar
Mayor Pro Tern Murray E. Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA ':-
BY
Mayor IChairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
Deputy Clerk
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PC RESOLUTION
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION #P78-o2
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING TO THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS TO AMEND MONROE
COUNTY CODE SECTION 9.5-4 (H-6, HOME OCCUPATION),
MONROE COUNTY CODE TO PROVIDE A CLEARER
DEFINITION; AMENDING SECTIONS 9.5-233, 234, 235.1, 236,
237, 238, 239, 240, 241, 242, AND 248 TO DELETE PUBLIC
HEARING REQUIREMENT; AMENDING SECTION 9.5-247
(COMMERCIAL FISHING SPECIAL DISTRICTS), TO ALLOW
HOME OCCUPATIONS; CREATING SECTION 9.5-259 TO
PROVIDE RULES AND PROCEDURES FOR ADMINISTRATIVE
APPROVAL BY THE PLANNING DIRECTOR OF HOME
OCCUPATIONS.
WHEREAS, Section 9.5-4. Definitions (H-6) defines Home Occupations
and continues inappropriately to describe the administrative methodology
required to receive a special permit; and
WHEREAS, Section 9.5-4 (H-6) should contain only a definition of Home
Occupation; and
WHEREAS, required standards for a home occupation and the applicable
administrative regulations should appropriately be located in the regulatory
sections of the Monroe County Land Development Regulations; and
WHEREAS, during the past ten (10) to twenty (20) years the numbers of
home occupations have increased dramatically; and
WHEREAS, the issuance of a special permit for home occupations only
after a public hearing by the Planning Commission has become an onerous and
time consuming effort for the applicant, the Commission, and Staff; and
WHEREAS, the Monroe County Planning Commission finds that there is a
need to revise the definition of Home Occupation; and
WHEREAS, the Monroe County Planning Commission finds that there is a
need to amend the regulations for issuance of a home occupation special permit;
and
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WHEREAS, at a public meeting of October 3, 2002 the Monroe County
Development Review Committee reviewed the staff report the Findings of Fact
and the proposed amendment and recommended approval of the proposed text
amendment; and
WHEREAS, the Monroe County Planning Commission, during regular
meetings held on November 6,2002, on November 19, 2002 and on December
4, 2002 conducted hearings on the proposed text and recommended approval of
the text to the Monroe County Board of County Commissioners; and
WHEREAS, based on the Monroe County Code the Planning Commission
finds that the proposed change is consistent with Section 9.5-511 (d) (5) b. (iv)
New Issues and (V) Recognition of a need for additional detail or
comprehensiveness; and
WHEREAS, based on the Monroe County Year 2010 Comprehensive
Plan, the Planning Commission finds that the proposed text amendment is
consistent with and furthers the goals of the Plan; and
WHEREAS, The Monroe County Planning Commission hereby supports
the decision of the staff of the Monroe County Planning Department; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding findings of fact support the
decision to recommend APPROVAL to the Monroe County Board of County
Commissioners of the following amendment to the text of the Monroe County
Land Development Regulations as requested by the Monroe County Planning
Department:
Monroe County Code Section 9.5-4 (H-6) is amended to read as follows:
Home occupation means a business, profession, occupation or
trade conducted within a residential building or accessory structure for gain
or support by a resident of the dwelling. which:
(1) Is incident;)1 ;)nd :;econd;)ry to the residentiJI u:;e of
the building;
(2) Does not ch3nge the essenti31 residenti31 ch3r3cter of the
~
(3) Employs no more th3n one (1) person who is 3 nonresident
of the building;
(4) The resident of the d\'Jelling unit holds 3 V31id occup3tion31
license for the use;
(5) Is confined to no morc than twenty (20) percent of the tot31
floor 3rca of the dwelling;
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(6) Doos not display or sell ~my stock in trade on the promises;
(7) Is not visible from any othor rosidenti31 structuro;
(8) Does not store outside of tho dwolling ~my oquipmont or
materials used in the homo occup3tion;
(9) Does not utilize mech::mic31, oloctrical or othor equipment
which produGOS noiso, 010ctric31 or m3gnetic interference vibration,
heat, glare, or othor nuisanco outside tho rosidential building or
accossory structuro; 3nd
(10) Doos not increase tho 3verago d3i1y 3utomobilo trips
goner3ted by the residonce in ':lhich the home occupation is
located.
Such 3 home occup3tion may be conductod only after approval of the
planning commission, which Sh311 hold a spocial usa he3ring on tho
roquest, oxcept in commercial fishing rosidontial \a.'here 3 spocial use
permit is not required. The planning commission may deny or grant a
speci31 use permit for the home occup3tion with such other conditions
deemed in tho public intorost and consistent 'I.'ith thoso roquiromonts.
Monroe County Code Section 9.5-233(a)(3) [Urban Residential District] is
amended to read as follows:
Home occupations--Special use permit required. roquiring a public
hearing;
Monroe County Code Section 9.5-234(a)(4) [Urban Residential-Mobile Home
District] is amended to read as follows:
Home occupations--Special use permit required. requiring a public
hearing;
Monroe County Code Section 9.5-235.1 (a)(3) [Urban Mobile Home-Limited
District] is amended to read as follows:
Home occupations--Special use permit required. requiring a public
hearing;
Monroe County Code Section 9.5-236(a)(4) [Sub Urban Residential District]
is amended to read as follows:
Home occupations--Special use permit required. requiring 3 public
he3ring;
Monroe County Code Section 9.5-237(a)(4) [Sub Urban Residential District -
Limited] is amended to read as follows:
Home occupations--Special use permit required. roquiring 3 public
heming;
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Monroe County Code Section 9.5-238(a)(3) [Sparsely Settled Residential
District] is amended to read as follows:
Home occupations--Special use permit required. roquiring n public
he:3ring;
Monroe County Code Section 9.5-239(a)(3) [Native Area District] is
amended to read as follows:
Home occupations--Special use permit required. requiring ::1 public
he:3ring;
Monroe County Code Section 9.5-240(a)(3) [Mainland Native Area District]
is amended to read as follows:
Home occupations--Special use permit required. requiring ::1 public
he:3ring;
Monroe County Code Section 9.5-241 (a)(3) [Offshore Island District] is
amended to read as follows:
Home occupations--Special use permit required. requiring :3 public
he:3ring;
Monroe County Code Section 9.5-242(a)(4) [improved Subdivision District]
is amended to read as follows:
Home occupations--Special use permit required. requiring ::1 public
homing;
Monroe County Code Section 9.5-245(d) [Commercial Fishing Area District]
is amended by adding subparagraph (4) that reads as follows:
(4) Home occupations--Special use permit required; commercial
fishinq does not require a special use permit.
Monroe County Code Section 9.5-246(a)[Commercial Fishing Village
District] is amended by adding subparagraph (6) that reads as follows:
(6) Home occupation--Special use permit required: commercial
fishinq does not require a special use permit.
Monroe County Code Section 9.5-247(a)(1) [Commercial Fishing Special
District 1] is amended by adding subparagraph f. that reads as follows:
f. Home occupation--Special use permit required: commercial
fishina does not require a special use permit.
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Monroe County Code Section 9.5-247(b)(1) [Commercial Fishing Special
District 2] is amended by adding subparagraph f. that reads as follows:
f. Home occupation--Special use permit required: commercial
fishinQ does not require a special use permit.
Monroe County Code Section 9.5-247(e)(1) [Commercial Fishing Special
District 5] is amended by adding subparagraph m. that reads as follows:
m. Home occupation--Special use permit required: commercial
fishino does not require a special use permit.
Monroe County Code Section 9.5-247(h)(1) [Commercial Fishing Special
District 8] is amended by adding subparagraph d. that reads as follows:
d. Home occupation--Special use permit required: commercial
fishino does not require a special use permit.
Monroe County Code Section 9.5-247(1)(1) [Commercial Fishing Special
District 12] is amended by adding subparagraph f. that reads as follows:
f. Home occupation--Special use permit required; commercial
fishing does not require a special use permit.
Monroe County Code Section 9.5-247(m)(1) [Commercial Fishing Special
District 13] is amended by adding subparagraph f. that reads as follows:
f. Home occupation--Special use permit required: commercial
fishino does not require a special use permit.
Monroe County Code Section 9.5-247(p)(4) [Commercial Fishing Special
District 16] is amended by adding subparagraph c. that reads as follows:
c. Home occupation--Special use permit required: commercial
fishino does not require a special use permit.
Monroe County Code Section 9.5-247(q)(3) [Commercial Fishing Special
District 17] is amended by adding subparagraph e. that reads as follows:
e. Home occupation--Special use permit required: commercial
fishinQ does not require a special use permit.
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Monroe County Code Section 9.5-247(s)(1) [Commercial Fishing Special
District 20] is amended by adding subparagraph m. that reads as follows:
m. Home occupation--Special use permit required: commercial
fishino does not require a special use permit.
Monroe County Code Section 9.5-248 (a)(10) [Mixed Use District] is
amended to read as follows:
Home occupations--Special use permit required. roquiring :) public
hearing;
Monroe County Code is amended to create Section 9.5-259 that reads as
follows:
Sec. 9.5-259. Home occupation special use permit.
(a) Applicabilitv: Home occupation special use permits may be
approved in any zoninq district in which residential use is allowed.
includino nonconformino residential uses where such use was otherwise
lawfully established.
(b) Applications: Applications for home occupation special use
permits shall be submitted to the plannino director on forms provided by
the director. The application shall include a properly executed affidavit
from the applicant attestino to compliance with the standards and
requirements for home occupations as outlined in this section.
(c) Authoritv: The plannino director is authorized to approve and
otherwise administer home. occupational special use permits as
specifically set forth in this section.
(d) Notification of pendina application: No later than five (5)
workino days after determininq that an application for a home occupation
special use permit is complete and in compliance with the requirements of
this division. notice of the impendino application shall be provided as
follows:
(1) The plannino director shall provide written notice by reaular
mail to owners of real property located within 300 feet of the
property which is the subiect of the proposed home
occu pation:
(2) The written notices shall provide a brief description of the
proposed home occupation and indicate where the public
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may examine the application. The cost of providina this
notice shall be borne bv the applicant.
(e) Review by the p/annina director: Within fifteen (15) workin~
days of receivina a complete application. the plannina director shall
determine whether the proposed home occupation is consistent the
followina standards and reauirements:
(1) The home occupation is incidental and secondary to the
residential use of the buildina:
(2) The home occupation does not chanae the essential
residential character of the use;
(3) Not more than one (1) person who is a nonresident of the
dwellina unit is emploved bv the home occupation;
(4) The home occupational use is not more than twenty (20)
percent of the total floor area of the dwellina:
(5) The home occupation does not involve any retail sales or
service which would reauire customers to visit the residence.
nor does the phvsical address of the residence appear on
any advertisina materials includina stationary and business
cards;
(6) The home occupation is not visible from any other residential
structure:
(7) No sian advertisina the home occupation is displaved on the
premises:
(8) The home occupation does not involve the outdoor storaae
of any eauipment or materials:
(9) The home occupation does not utilize mechanical. electrical
or other eauipment which produces noise. electrical or
maanetic interference. vibration. heat. alare. or other
nuisance outside the residential buildina or accessory
structure; and
(10) The home occupation does not increase the averaae daily
automobile trips aenerated bv the residence in which the
home occupation is located.
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(f) Decision bv the p/annina director: Upon a findina that the
proposed home occupation complies with all of the reQuirements of this
section. the plannina director shall issue a home occupational special use
permit. with or without conditions. The permit and the affidavit atlestina to
compliance with the above reQuirements shall be filed with the clerk of the
court and recorded in the official records of Monroe County. The permit
shall authorize only the current resident of the dwellinQ unit for the
particular home occupation proposed and shall not be transferable to
another location or to another person or entity.
(a) Public Hearina on an application for a Home Occupation Special
Use Permit: If reQuested by the applicant. an adiacent property owner or
an adversely affected owner of real property located within 300 feet of the
property which is the subiect of the proposed home occupation durina the
reQuired thirty (30) calendar days of the postina. a public hearina date
shall be scheduled on the application for a home occupational special use
permit. The public hearina shall be conducted by the plannina
commission in accordance with the provisions of Sec. 9.5-22 (Plannina
Commission );
(h) Revocation: The plannina director shall have the authority to
initiate actions to revoke home occupation special use permits and all
such actions shall reQuire a public hearina to be conducted before the
plannina commission in accordance with Section 9.5-22. The plannina
commission shall have the authority to revoke any home occupation
special use permit where there is competent and substantial evidence to
establish any of the followina:
(1) That an application for home occupation special use
approval contains knowinQly false or misleadinQ information:
(2) A violation by the holder of a home occupation special use
permit of any provision of this section;
(3) A violation of any condition of the home occupation special
use permit imposed pursuant to this section; or
(4) That the home occupation constitutes a public or private
nuisance under Florida law.
* Underlined text is new.
* Strikethrough text is deleted.
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PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida at a regular meeting held on the 4th day of December, 2002.
David C Ritz, Chair
Vice Chair Denise Werling
Commissioner Jerry Coleman
Commissioner Jiulio Margalli
Commissioner Alicia Putney
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
David C. Ritz, Chair
Signed this
day of January, 2003
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ORe RESOLUTION
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE RESOLUTION #017-02
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
MONROE COUNTY PLANNING COMMISSION OF THE
REQUEST FILED BY THE MONROE COUNTY PLANNING
DEPARTMENT TO AMEND THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS BY AMENDING SECTION 9.5-4
(H-6 HOME OCCUPATION) TO PROVIDE A CLEARER
DEFINITION; ADDING SECTION 9.5-259 TO ALLOW HOME
OCCUPATION SPECIAL USE PERMIT APPROVAL BY THE
DIRECTOR OF PLANNING; ELIMINATING THE NEED FOR A
PLANNING COMMISSION PUBLIC HEARING UNLESS
REQUESTED BY THE APPLICANT OR SURROUNDING
PROPERTY OWNERS.
WHEREAS, Section 9.5-4. Definitions (H-6) defines Home Occupations
and continues inappropriately to describe the administrative methodology
required to receive a special permit; and
WHEREAS, Section 9.5-4 (H-6) should contain only a definition of Home
Occupation; and
WHEREAS, required standards for a home occupation and the applicable
administrative regulations should appropriately be located in the regulatory
sections of the Monroe County Land Development Regulations; and
WHEREAS, during the past ten (10) to twenty (20) years the numbers of
home occupations have increased dramatically; and
WHEREAS, the issuance of a special permit for home occupations only
after a public hearing by the Planning Commission has become an onerous and
time consuming effort for the applicant, the Commission, and Staff; and
WHEREAS, staff finds that there is a need to revise the definition of Home
Occupation; and
WHEREAS, staff finds that there is a need to amend the regulations for
issuance of a home occupation special permit; and
WHEREAS, the proposed amendment provides for sufficient notice to
surrounding property owners an opportunity to request a public hearing before
the Planning Commission; and
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WHEREAS, based on the Monroe County Code staff finds that the
proposed change is consistent with Section 9.5-511 (d) (5) b. (iv) New Issues
and (V) Recognition of a need for additional detail or comprehensiveness; and
WHEREAS, based on the Monroe County Year 2010 Comprehensive
Plan, staff finds that the proposed text amendment is consistent with and furthers
the goals of the Plan.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of
fact support their decision to recommend APPROVAL to the Monroe County
Planning Commission of the following amendment to the text of the Monroe
County Land Development Regulations as requested by the Monroe County
Planning Department:
PROPOSED TEXT
Sec. 9.5-4. Definitions
(H-6) Home occupation means a business, profession,
occupation or trade conducted within a residential building or
accessory structure for gain or support by a resident of the dwelling
which:
(1) Is incident~1 ~nd second~r,' to the residenti~1 use of the
building;
(2) Doe:::; not ch~nge the e:::;senti~1 residenti~1 ch~r~cter of the
t:t5et
(3) Employs no more th~n one (1) person who is ~
nonresident of the building;
(4) The resident of the d'.velling unit holds ~ v~lid occup~tion~1
license for the use;
(5) Is confined to no more th~n twenty (20) percent of the
tot~1 floor ~re~ of the dwelling;
(6) Does not displ~'f or sell ~n'l stock in tr~de on the
premises;
(7) Is not visible from ~n'f other residenti~1 :::;tructure;
(8) Does not :::;tore out:::;ide of the dwelling ~ny equipment or
m~teri~ls u:::;ed in the home occup~tion;
(9) Does not utilize mech~nic~l, c1ectric~1 or other equipment
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Initial
'Nhich produces noise, electrical or magnetic interference
vibration, heat, glare, or other nuisance outside the
residential building or accessory structure; and
(10) Does not increa:;e the a'/erage daily automobile trips
generated by the residence in which the home occupation
is located.
Such a home occupation may be conducted only after approval of the
planning commission, 'tt'hich shall hold a special use hearing on the
reque:;t, except in commercial fi:;hing residential where a special use
permit is not required. The planning commis:;ion may deny or grant a
special u:;e permit for the home occupation 'Nith such other conditions
deemed in the public interest and con:;istent '-'lith the:;e requirements.
Sec. 9.5-233. Urban Residential District (UR).
(a)(3) Home occupations--Special use permit required.
requiring a public hearing;
Sec. 9.5-234. Urban Residential--Mobile Home District (URM).
(a)( 4) Home occupations--Special use permit required.
requiring a public hearing;
Sec. 9.5-235.1. Urban Mobile Home--Limited District (URM-L).
(a)(3) Home occupations-- by Special use permit required.
requiring a public hearing;
Sec. 9.5-235.1. Urban Mobile Home--Limited District (URM-L).
(a)(3) Home occupations-- by Special use permit required.
requiring 3 public homing;
Sec. 9.5-236. Sub Urban Residential District (SR).
(a)( 4)
Home occupations--Special use permit required.
requiring a public hearing;
Sec. 9.5-237. Sub Urban Residential District (Limited) (SR-L).
Page 3 of 7
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Initial
( a ) ( 4)
Home occupations--Special use permit reQuired.
requiring ~ public he~ring;
Sec. 9.5-238. Sparsely Settled Residential District (55).
(a)(3)
Home occupations--Special use permit reQuired.
requiring ~ public he~ring;
Sec. 9.5-239. Native Area District (NA).
(a)(3)
Home occupations--Special use permit reQuired.
requiring ~ public he~ring;
Sec. 9.5-240. Mainland Native Area District (MN).
(a)(3)
Home occupations--Special use permit reQuired.
requiring ~ public he~ring;
Sec. 9.5-241. Offshore Island District (OS).
(a)(3)
Home occupations--Special use permit reQuired.
requiring ~ public he~ring.
Sec. 9.5-242. Improved Subdivision District (IS).
(a)( 4)
Home occupations--Special use permit reQuired.
requiring a public he~ring;
Sec. 9.5-248. Mixed Use District (MU).
(a)(lO)
Home occupations--Special use permit reQuired.
requiring ~ public he~ring
Sec. 9.5-259. Home OccuDation SDecial Use Permit
(a) Applicabilitv: Home occupation special use permits may be
approved in any zoning district in which residential use is
allowed, including nonconforming residential uses where such
use was otherwise lawfully established.
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(b) Aoplications: Aoplications for home occuoation soecial use
oermits shall be submitted to the olanning director on forms
orovided by the director. The aoolication shall include a prooerly
executed affidavit from the applicant attesting to comoliance
with the standards and reauirements for home occuoations as
outlined in this section.
(c) Authoritv: The planning director is authorized to approve and
otherwise administer home occupational soecial use permits as
soecifically set forth in this section.
(d) Notification of pending apolication: No later than five (5)
working days after determining that an aoolication for a home
occuoation soecial use permit is complete and in compliance with
the requirements of this division. notice of the imoending
apolication shall be provided as follows:
(1) The planning director shall provide written notice by
regular mail to owners of real property located within 300
feet of the property which is the subject of the proposed
home occuoation;
(2) The written notices shall orovide a brief description of the
orooosed home occuoation and indicate where the public
may examine the aoolication. The cost of providing this
notice shall be borne by the aoplicant.
(e) Review bv the olanning director: Within fifteen (15) working
days of receiving a complete apolication. the olanning director
shall determine whether the prooosed home occuoation is
consistent the following standards and requirements:
(1) The home occuoation is incidental and secondary to the
residential use of the building;
(2) The home occuoation does not change the essential
residential character of the use;
(3) Not more than one (1) oerson who is a nonresident of the
dwelling unit is employed by the home occuoation;
(4) The home occupational use is not more than twenty (20)
percent of the total floor area of the dwelling;
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(5) The home occupation does not involve any retail sales or
service which would require customers to visit the
residence, nor does the ohysical address of the residence
aooear on anv advertising materials includinq stationary
and business cards;
(6) The home occupation is not visible from any other
residential structure;
(7) No sign advertising the home occuoation is displayed on
the premises;
(8) The home occupation does not involve the outdoor storage
of any equioment or materials;
(9) The home occuoation does not utilize mechanical, electrical
or other equioment which produces noise, electrical or
magnetic interference, vibration, heat, glare, or other
nuisance outside the residential building or accessory
structure; and
(10) The home occuoation does not increase the average daily
automobile trips generated by the residence in which the
home occuoation is located.
(f) Decision bv the olanning director: Upon a finding that the
orooosed home occupation complies with all of the requirements
of this section, the olanning director shall issue a home
occupational soecial use oermit, with or without conditions. The
permit and the affidavit attestinc;J to comoliance with the above
requirements shall be filed with the clerk of the court and
recorded in the official records of Monroe County. The permit
shall authorize only the current resident of the dwelling unit for
the oarticular home occuoation orooosed and shall not be
transferable to another location or to another oerson or entity.
(g) Public Hearing on an apolication for a Home Occuoation Special
Use Permit: If requested by the aoplicant, an adjacent prooerty
owner or an adversely affected owner of real orooerty located
within 300 feet of the oroperty which is the subject of the
prooosed home occuoation during the required thirty (30)
calendar days of the oosting, a public hearing date shall be
scheduled on the application for a home occupational soecial use
permit. The oublic hearing shall be conducted by the olanning
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commission in accordance with the orovisions of Sec. 9.5-22
(Planning Commission):
(h) Revocation: The planning commission shall have the authorit~
to revoke any home occuoation special use permit where there is
competent and substantial evidence to establish any of the
following:
(1) That an application for home occupation soecial use
aooroval contains knowinglY false or misleading
information:
(2) A violation by the holder of a home occuoation soecial use
oermit of any provision of this section:
(3) A violation of any condition of the home occuoation soecial
use oermit imposed oursuant to this section: or
(4) That the home occupation constitutes a oublic or private
nuisance under Florida law.
The planning director shall have the authority to initiate actions
to revoke home occuoation soecial use permits and all such
actions shall require a oublic hearing to be conducted in
accordance with Section 9.5-22 (Planning Commission)
* Underlined text is new.
* Strikethrough text is deleted.
PASSED AND ADOPTED By the Development Review Committee of Monroe
County, Florida at a regular meeting held on the 3rd day of October 2002.
Fred Gross, Director, Lower Keys Planning Team (Chair)
Ralph Gouldy, Environmental Resources Senior Administrator
Maureen Meehan, Planner
Department of Health (by fax)
Department of Public Works (by fax)
Department of Engineering (by fax)
YES
YES
YES
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
Fred Gross, OCR Chair
Signed this
day of October, 2002
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