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Item V2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 19,2003 Division: Growth Management Bulk Item: Yes No X Department: Planning AGENDA ITEM WORDING: Continuation of a public hearing to adopt an ordinance amending Section 9.5-4 (H-6), Sections 9.5-233, 234,235.1,236,237,238,239,240,241,242,248, and creating Section 9.5-259, Monroe County Code [Home Occupation provisions of Land Development Regulations]. ITEM BACKGROUND: Sec. 9.5-4. Definitions (H-6) defines Home Occupations and, somewhat inappropriately, continues to describe the administrative methodology for receiying 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. I 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: This item is continued from January 15,2003 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: 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 DIVISION DIRECTOR APPROVAL: ,AICP APPROVED BY: County Atty 1L- DOCUMENTATION: Included X To Follow Not Required_ . / _ AGENDAITEM#~ DISPOSITION: Revised I/03 AMENDMENT TO THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS Board of County Commissioners Key Largo February 19,2003 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 Staff Report DRC Approval October 3,2002 Resolution #D17-02 PC Approval (as amended) December 4, 2002 Resolution #P78-02 BOCC January 15, 2003 Continued to February 19, 2003 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 Page 1 of 11 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC Draft Ord.doc 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) Is incident~1 ~nd second~r'l to the residenti~1 use of the building; Page 2 of 11 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC Draft Ord.doc (2) Doos not change tho essential residontial charactor of the HS9i (3) Employs no moro than one (1) porson who is a nonresident of tho building; (-1) Tho rosidont of tho dwolling unit holds a valid occupational Iiconso for the use; (5) Is conflnod to no moro th:m ~Nonty (20) porcont of the total floor 3re3 of tho dwolling; (6) I Do os not display or soli any stock in trado on tho premisos; (7) Is not visiblo from any othor residential structure; (8) Does not store outsido of tho dwolling any oquipment or matorials used in the homo occupation; (9) Does not utilize mechanical, oloctrical or othor oquipment which producos noiso, eloctrical or magnetic intorforonco vibration, hoat, gl3ro, or othor nuisanco outsido tho rosidontial building or 3CCOSSOry structuro; and (10) Doos not incro3so tho 3'1orago daily 3utomobile trips genor3ted by the residenco in 'Nhich the home occupation is loc3tod. Such a homo occupation may bo conductod only aftor appro'J31 of tho planning commission, which shall hold 3 spocial uso hoaring on the roquost, oxcopt in commorci31 fishing rosidenti31 ...:hore 3 spocial use permit is not roquirod. Tho planning commission may dony or grant a spocial uso pormit for tho home occupation with such othor conditions doomod in the public intorost and consistont with those roquiremonts. 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. roquiring a public hoaring; 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. roquiring 3 public homing; 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 3 public h03ring; Page 3 of 11 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC Draft Ord.doc 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. roquiring a public hoaring; 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 a public h03ring; I 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. roquiring a public h03ring; 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. roquiring a public he3ring; 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. roquiring a public hoaring; 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. roquiring a public h03ring; 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 h03ring; 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. Page 4 of 11 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC Draft Ord.doc 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 fishino 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 fishino 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 fishino 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 fishing does not require a special use permit. Page 5 of 11 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC Draft Ord.doc 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 fishinQ 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 fishina 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 fishina 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. roquiring :3 public hearing; Section 24. Monroe County Code is amended to create Section 9.5-259 that reads as follows: Sec. 9.5-259. Home OccuDation 5Decial Use Permit fa} Aoo/icabi/itv: 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. (b) Aoo/ica tions: permits shall Applications for home occupation special use be submitted to the planning director on !-orms Page 6 of 11 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC Draft Ord.doc provided by the director. The aoolication shall include a oroperly executed affidavit and agreement from the aODlicant attesting to and agreeing to comoliance with the standards and reauirements for home occuoations as outlined in this section. (c) Authority: The olanning director is authorized to aoprove and otherwise administer home occuoational soecial use oermits as specificallY set forth in this section. (d) Review bv the planning director: Within fifteen (15) working days of receiving a comolete apolication, the olanning director shall determine whether the orooosed home occuoation is consistent with 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 chanae 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 occupation: (4) The home occuoational use is not more than twenty (20) percent of the total floor area of the dwelling: (5) The home occuoation does not involve any retail sales or service which would require customers to visit the residence, nor does the physical address of the residence aooear on any advertising materials including stationary and business cards: (6) The home occuoation is not visible from any other residential structure: (7) No sian advertising the home occupation is disolayed on the oremises: (8) The home occuoation 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 maonetic interference, vibration, heat, glare, or other Page 7 of 11 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC Draft Ord.doc nuisance outside the residential building or accessory structure: and (10) The home occupation does not increase the average daily automobile trips generated by the residence in which the home occupation is located: and (11) Upon issuance of a oermit. the aoolicant must aooly for and maintain an occupational license for the home occuoation where otherwise reQuired. (e) Public notification of oending aoorova/: The o/anning director. after determining that an apolication for a home occuoation special use oermit is in compliance with the reQuirements of this division, shall give notice of the pending aooroval as follows: (1) The olanning director shall orovide written notice by regular mail to owners of real prooerty located within 300 feet of the orooerty which is the subject of the oroposed home occuoation: and (2) The aoolicant shall post the oroperty of the orooosed home occuoation with a wateroroof sign at least four (4) square feet in front surface area, which is so lettered as to be easily visible from all oublic streets and oublic ways abutting the property. The property shall remain posted for no less than thirty (30) calendar days beginning within five (5) working days of the date that the aoplication is deemed to be in compliance by the olanninq director: and (3) The above notices shall provide a brief description of the prooosed home occuoation and indicate where the oublic may examine the apolication. The cost of providing this notice shall be borne by the apolicant. (f) Decision bv the o/annina director: After thirty (30) calendar days of oosting the orooerty and upon a finding that the proposed home occuoation comolies with all of the reQuirements of this section, the planning director shall issue a home occupational soecial use oermit, with or without conditions. The oermit and the affidavit attesting 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 Page 8 of 11 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC Draft Ord.doc the oarticular home occuoation prooosed and shall not be transferable to another location or to another person or entitv. (g) Public Hearing on an apolication for a Home Occuoation Soecial Use Permit: If reauested by the aoolicant, or an adversely affected owner or resident of real orooerty located in Monroe County, during the required thirty (30) calendar days of the posting, a oublic hearing date shall be scheduled on the apolication for a home occuoational soecial use oermit. All costs related to the public hearing shall be the resoonsibility of the apolicant. iThe oublic hearing shall be conducted by the olanninq commission in accordance with the orovisions of Sec. 9.5-46; (h) Revocation: The olanning director shall have the authority to initiate actions to revoke home occuoation soecial use oermits and all such actions shall reauire a oublic hearing to be conducted before the olanning commission in accordance with Section 9.5-22. The planning commission shall have the authority to revoke any home occupation soecial use oermit where there is competent and substantial evidence to establish any of the followina: (1) That an apolication for home occuoation soecial use approval contains knowinglY false or misleadina information; (2) A violation by the holder of a home occuoation special use oermit of any provision of this section; (3) A violation of any condition of the home occupation special use permit imoosed oursuant to this section; or (4) That the home occupation constitutes a oublic or private nuisance under Florida law. * Underlined text is new. * Strikethrough text is deleted. I 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. Page 9 of 11 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC Draft Ord.doc 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. I 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. [This page is intentionally left blank] Page 1 0 of 11 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC Draft Ord.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 Tem Murray E. Nelson Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner David P. Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor /Chairperson (SEAL) ATTEST: DANNY KOHLAGE, CLERK Deputy Clerk Page 11 of 11 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC Draft Ord.doc BOCC STAFF REPORT MEMORANDUM TO: Monroe County Board of County Commissioners FROM: K. Marlene Conaway, Director of Planning DATE: January 16, 2003 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 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. Page 1 of 9 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC staff report.doc 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. At the regularly scheduled meeting of January 15, 2003, this item was continued to the February 19, 2003 meeting. 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 9.5-511(d)(5) 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~r't' to the residenti~1 use of the building; (2) Does not change the assential residential character of the \:ISei Page 2 of 9 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC staff report. doc (3) Employs no more than one (1) person who is a nonresidont of the building; (<1) The resident of the dwolling unit holds a valid occupational liconso for tho use; (5) Is confinod to no moro than twenty (20) porcent of the total floor mea of tho dwolling; (6) Does not display or soli any stock in tr3de on the premises; (7) Is not visiblo from any othor residential structure; (8) Doos not store outsido of tho dwolling any oquipment or matorials used in tho homo occupation; (9) Does not utilize mochanical, electrical or othor equipment which producos noise, olectrical or magnotic interf.orence vibration, heat, glare, or other nuis3nco outside the rosidential building or accossory structure; 3nd (10) Does not incre3se tho 3'1orago daily automobilo trips goner3ted by the rosidonce in which the home occupation is locatod. Such 3 homo occupation m3Y bo conducted only 3fter 3ppro'Jal of the planning commission, 'lIhich shall hold a speci31 uso hoaring on the request, except in commercial fishing residontial whore a special use permit is not required. The pl3nning commission may dony or grant a spocial use pormit for the home occupation with such other conditions doemed in the public interest 3nd consistont with these requiremonts. 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 :3 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 he3ring; 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 3 public hoaring; Page 3 of 9 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC staff report.doc 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 0 public hoaring; 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 hoaring; 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 hoaring; 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 :3 public hoaring; 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 a public hoaring; 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 a 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. Page 4 of 9 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC staff report.doc 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 i fishinQ 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 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 fishinQ 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. Page 5 of 9 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC staff report.doc 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 , fishinq does not require a special use permit. I 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 fishinq 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 a public homing; Monroe County Code is amended to create Section 9.5-259 that reads as follows: Sec. 9.5-259. Home OccuDation SDecial Use Permit (a) Aoolicabilitv: 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. (b) Apolications: Applications for home occupation special use permits shall be submitted to the planning director on forms provided by the director. The application shall include a properly executed affidavit and agreement from the applicant attesting to and agreeing to compliance with the standards and requirements for home occupations as outlined in this section. (c) Authoritv: The planning director is authorized to aoorove and otherwise administer home occupational special use permits as specificallv set forth in this section. Page 6 of 9 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC staff report.doc (d) Review bv the Dlanning director: Within fifteen (15) working days of receiving a comolete aoolication, the olanning director shall determine whether the proposed home occuoation is consistent with the following standards and requirements: (1) The home occupation 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; (5) The home occuoation does not involve any retail sales or service which would require customers to visit the residence, nor does the physical address of the residence aooear on any advertising materials including stationary and business cards; (6) The home occuoation is not visible from any other residential structure; (7) No sign advertisinq the home occuoation is disolayed on the premises; (8) The home occuoation does not involve the outdoor storage of any equioment or materials; (9) The home occuoation does not utilize mechanical, electrical or other equioment which oroduces noise, electrical or magnetic interference, vibration, heat, glare, or other nuisance outside the residential building or accessory structure; and (10) The home occupation does not increase the average daily automobile trios qenerated by the residence in which the home occupation is located; and Page 7 of 9 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC staff report.doc nuisance outside the residential building or accessory structure: and (10) The home occuoation does not increase the averaae daily automobile trios generated by the residence in which the home occuoation is located: and (11) Uoon issuance of a oermit. the aoolicant must aoplv for and maintain an occupational license for the home occuoation where otherwise reauired. , I (e) Public notification of oending aoorova/: The o/anning director, after determining that an application for a home occuDation soecial use oermit is in comoliance with the reauirements of this division, shall give notice of the pending approval as follows: (1) The olanning director shall provide written notice by regular mail to owners of real oroperty located within 300 feet of the orooertv which is the subject of the proposed home occuoation: and (2) The applicant shall oost the prooerty of the oroposed home occupation with a waterproof sign at least four (4) square feet in front surface area, which is so lettered as to be easily visible from all oublic streets and oublic ways abutting the property. The oroperty shall remain posted for no less than thirty (30) calendar days beginning within five (5) working days of the date that the aoolication is deemed to be in compliance by the olanning director: and (3) The above notices shall provide a brief description of the orooosed home occupation and indicate where the public may examine the aoolication. The cost of providing this notice shall be borne by the apolicant. (f) Decision bv the o/anning director: After thirty (30) calendar days of posting the property and upon a finding that the orooosed home occupation complies with all of the requirements of this section, the planning director shall issue a home occupational soecial use oermit, with or without conditions. The oermit and the affidavit attesting to comoliance with the above reauirements 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 Page 8 of 11 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC Draft Ord.doc posting, a oublic hearing date shall be scheduled on the aoolication for a home occuoational soecial use oermit. All costs related to the public hearina shall be the resoonsibility of the aoolicant. The oublic hearing shall be conducted by the olanning commission in accordance with the orovisions of Sec. 9.5-46: (h) Revocation: The planning director shall have the authority to initiate actions to revoke home occupation special use Dermits and all such actions shall require a oublic hearing to be conducted before the planning commission in accordance with Section 9.5-22. The planning 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 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 occupation soecial use permit of any provision of this section: (3) A violation of any condition of the home occuoation special use oermit imposed pursuant to this section: or (4) That the home occuoation constitutes a public or orivate nuisance under Florida law. * Underlined text is new. * Strikethrough text is deleted. I 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. Page 9 of 9 W:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC staff report.doc PC RESOLUTION MONROE COUNTY, FLORIDA PLANNING COMMISSION RESOLUTION #P78-Q2 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 Page 1 of 9 W:\Planning\Working Folders\Gross-Fred\Home Occ\PC Reso.doc 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. 'tJhich: (1) Is incident~1 ~nd second~ry to the residentiJI use of the building; (2) Does not chango tho essential rosidential character of the ~ (3) Employs no more than one (1) person 'tlho is a nonresidont of tho building; (-1) Tho rosident of tho dwelling unit holds a valid occupational licenso for the uso; (5) Is confined to no mora than twonty (20) porcent of tho total floor area of the dwolling; Page 2 of 9 W:\Planning\Working Folders\Gross-Fred\Home Occ\PC Reso.doc (6) Does not di&play or sell ~my stock in tr3do on tho premises; (7) Is not visiblo from 3ny other residenti31 structuro; (8) Doo& not &tore outside of the dwelling 3ny oquipmont or m3terial& used in the home occupation; (9) Does not utilize mechanical, electrical or othor equipment 'Ilhich produce& noise, electrical or magnotic interference vibration, he3t, gl3re, or othor nui&anco out&ide the residonti31 building or acces&ory structure; 3nd (10) J Doos not increase the avor3ge daily automobilo trips generated by the residonco in which tho homo occupation i& located. Such 3 homo occupation may be conducted only after approval of tho planning commi&&ion, 'Ilhich &hall hold a spocial u&e hearing on the reque&t, excopt in commercial fishing residential '....here 3 &pecial use permit is not roquired. The planning commission m3Y deny or grant 3 speci31 u&o permit for the home occupation with such othor condition& doomed in the public intorest and consistent with tho&o requiroments. 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 3 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 h03ring; 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 3 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. requiring a public hearing; Page 3 of 9 W:\Planning\Working Folders\Gross-Fred\Home Occ\PC Reso.doc 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 a public heoring; 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 a public hearing; 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 publio 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. roquiring 3 public hoaring; 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 a pblblic hearing; 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. 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. Page 4 of 9 W:\Planning\Working Folders\Gross-Fred\Home Occ\PC Reso.doc 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 occuoation--Soecial use oermit required: commercial fishina does not require a soecial 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 occuoation--Soecial use oermit required: commercial I fishina does not require a soecial use oermit. 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 occuoation--Soecial use oermit required: commercial fishina does not require a soecial use oermit. 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 occuoation--Soecial use oermit required: commercial fishina does not require a soecial use oermit. 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 occuoation--Soecial use permit required: commercial fishina does not require a soecial use oermit. 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 occuoation--Soecial use permit required: commercial fishinQ does not require a soecial use oermit. 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 occuoation--Soecial use oermit required: commercial fishina does not require a soecial use oermit. Monroe County Code Section 9.5-247(s)(1) [Commercial Fishing Special District 20] is amended by adding subparagraph m. that reads as follows: Page 5 of 9 W:\Planning\Working Folders\Gross-Fred\Home Occ\PC Reso.doc m. Home occupation--Special use permit reQuired; commercial fishinQ 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 a public he3ring; Monroe County Code is amended to create Section 9.5-259 that reads as follows: Sec. 9.5-259. Home OccuDation 5Decial Use Permit fa) Aoo/icability: Home occupation soecial 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. (b) Aoo/ications: Aoolications for home occupation soecial use permits shall be submitted to the olanning director on forms provided by the director. The application shall include a prooerly executed affidavit and agreement from the aoolicant attesting to and agreeing to compliance with the standards and reauirements for home occuoations as outlined in this section. (c) Authority: The planning director is authorized to aporove and otherwise administer home occuoational soecial use oermits as soecifically set forth in this section. (d) Review by the o/anning director: Within fifteen (15) working days of receiving a comolete apolication, the planning director shall determine whether the oroposed home occupation is consistent with 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 occupation: Page 6 of 9 W:\Planning\Working Folders\Gross-Fred\Home Occ\PC Reso.doc (4) The home occupational use is not more than twenty (20) percent of the total floor area of the dwelling; (5) The home occupation does not involve any retail sales or service which would require customers to visit the residence, nor does the physical address of the residence appear on any advertising materials including stationary and business cards; (6) The home occupation is not visible from any other residentia I structu re; (7) No sign advertising the home occupation is displayed on the premises; (8) The home occupation does not involve the outdoor storage of any eQuipment or materials; (9) The home occupation does not utilize mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, Qlare, or other nuisance outside the residential building or accessorv structure; and (10) The home occupation does not increase the averaQe daily automobile trips generated by the residence in which the home occupation is located; and (11) Upon issuance of a permit, the applicant must apply for and maintain an occupational license for the home occupation where otherwise required. (e) Public notification of oending approval: The olanning director, after determining that an application for a home occupation special use permit is in compliance with the reQuirements of this division, shall give notice of the pendinQ approval 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 occupation; and (2) The applicant shall post the property of the proposed home occupation with a waterproof sign at least four (4) suuare Page 7 of 9 W:\Planning\Working Folders\Gross-Fred\Home Occ\PC Reso.doc feet in front surface area, which is so lettered as to be easily visible from all oublic streets and public ways abutting the orooerty. The orooerty shall remain oosted for no less than thirty (30) calendar days beginning within five (5) working days of the date that the aoolication is deemed to be in compliance by the planninQ director: and (3) The above notices shall orovide a brief description of the oroposed home occupation and indicate where the oublic may examine the application. The cost of providing this notice shall be borne by the applicant. (f) Decision by the olanning director: Upon a finding that the prooosed home occupation comolies with all of the requirements of this section, the olanning director shall issue a home occuoational special use permit, with or without conditions. The oermit and the affidavit attesting 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 proposed and shall not be transferable to another location or to another oerson or entity. (Q) Public Hearing on an aoolication for a Home Occuoation 50ecial Use Permit: If reQuested by the aoolicant, or an adversely affected owner or resident of real prooerty located in Monroe County, during the reQuired thirty (30) calendar days of the oosting, a oublic hearing date shall be scheduled on the aoplication for a home occuoational soecial use permit. All costs related to the public hearing shall be the resoonsibility of the apolicant. The oublic hearing shall be conducted by the olanning commission in accordance with the orovisions of Sec. 9.5-46: (h) Revocation: The olanning director shall have the authority to initiate actions to revoke home occuoation soecial use oermits and all such actions shall reQuire a public hearing to be conducted before the olanning commission in accordance with Section 9.5-22. The planning commission shall have the authority to revoke any home occupation soecial use oermit where there is comoetent and substantial evidence to establish any of the following: Page 8 of 9 W:\Planning\Working Folders\Gross-Fred\Home Occ\PC Reso.doc (1) That an aoolication for home occuoation soecial use approval contains knowinglv false or misleading information: (2) A violation by the holder of a home occuoation soecial use permit of any provision of this section: (3) A violation of any condition of the home occuoation special use permit imoosed pursuant to this section: or (4) That the home occupation constitutes a public or orivate nuisance under Florida law. * Underlined text is new. * Strikethrough text is deleted. 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 Page 9 of 9 W:\Planning\Working Folders\Gross-Fred\Home Occ\PC Reso.doc