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Item W1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 19. 2003 Division: Growth Management Bulk Item: Yes No -1L- Department: Planning AGENDA ITEM WORDING: The second of two public hearings of the Planning Department proposal 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. 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: The first of the required two public hearings was held February 19, 2003. 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 APPROVED BY: County Atty X- OMB/Purchasing_ DOCUMENTATION: Included 1L- DIVISION DIRECTOR APPROVAL: To Follow_ DISPOSITION: AGENDA ITEM # 4.J/ ,,t, .Jt:!; ':--; Revised 2/27/0 I AMENDMENT TO THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS Board of County Commissioners Marathon March 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 #017-02 PC Approval (as amended) December 4, 2002 Resolution #P78-02 SOCC January 15, 2003 SOCC February 19, 2003 Continued to February 19, 2003 1st of 2 required hearings 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 F:\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 'o'.'hich: (1) Is incident~1 ~nd second~r'l to the residenti~1 use of the building; Page 2 of 11 F:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC Draft Ord.doc (2) Does not change tho ossential residential character of tho ~ (3) Employs no more than one (1) porson who is a nonrosidont of tho building; (-1) The rosidont of tho dwolling unit holds a valid occupational liconso for tho uso; (5) Is confinod to no more than twonty (20) percont of tho total floor mea of tho dwelling; (6) Doos not display or soli any stock in trado on tho premises; (7) Is not visible from ~my other residential structure; (8) Doos not store outside of the d':,elling any oquipmont or matorials used in the home occupation; (9) Does not utilize mochanical, electrical or other oquipment which produces noise, olectrical or magnetic interforonco vibration, heat, glare, or othor nuisance outside tho rosidential building or accessory structure; and (10) Doos not incroaso tho averago daily automobile trips goneratod by tho residonce in which tho homo occupation is locatod. Such a home occupation may bo conductod only aftor approval of tho planning commission, which sholl hold a special uso hearing on tho requost, excopt in commorcial fishing residontial whoro a special use pormit is not roquired. The planning commission may dony or grant 3 special uso pormit for tho home occupation with such othor conditions deomod in tho public intorost and consistont with thoso requiromonts. 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 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. requiring a public hearing; 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 a public hoaring; Page 3 of 11 F:\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. requiring 0 public hearing; 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 0 public hearing; 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 hoaring; 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 a public hearing; . 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 0 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 a public hearing; 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 F:\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 fishino 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 F:\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 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 fishinq 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 fishinq 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 a public hoaring; Section 24. Monroe County Code is amended to create Section 9.5-259 that reads as follows: Sec. 9.5-259. Home OccuDation SDecial Use Permit fa) 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) Aoolications: permits shall Applications for home occupation special use be submitted to the planning director on forms Page 6 of 11 F:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC Draft Ord.doc provided by the director. The aoplication shall include a properly executed affidavit and agreement from the applicant attesting to and agreeing to comoliance with the standards and reauirements for home occupations as outlined in this section. (c) Authoritv: The planning director is authorized to aporove and otherwise administer home occuoational soecial use permits as soecifically set forth in this section. Cd) Review bv the olanning director: Within fifteen (15) working days of receiving a comolete application, the planning director shall determine whether the prooosed home occuoation is consistent with the following standards and reauirements: (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) person who is a nonresident of the dwellinq 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 reauire customers to visit the residence, nor does the physical address of the residence apoear on any advertising materials including 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 oremises; (8) The home occupation does not involve the outdoor storage of any eauipment or materials; (9) The home occupation does not utilize mechanical. electrical or other equioment which oroduces noise, electrical or magnetic interference, vibration, heat, glare, or other Page 7 of 11 F:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC Draft Ord.doc nuisance outside the residential building or accessory structure; and (10) The home occuoation does not increase the averaqe daily automobile trips generated by the residence in which the home occupation is located; and (11) Uoon issuance of a permit, the applicant must apply for and maintain an occuoational license for the home occuoation where otherwise required. (e) Public notification of oending aooroval: The olanning director, after determining that an application for a home occuoation soecial use oermit is in comoliance with the requirements of this division, shall give notice of the oending aoproval as follows: (1) The olanninq director shall orovide written notice by regular mail to owners of real orooerty located within 300 feet of the prooerty which is the subject of the oroposed home occuoation; and (2) The applicant shall oost the prooerty 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 prooerty 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 comoliance by the olanning director; and (3) The above notices shall orovide a brief description of the orooosed home occupation and indicate where the oublic may examine the aoolication. The cost of providing this notice shall be borne by the apolicant. (f) Decision bv the olanning director: After thirty (30) calendar days of posting the orooerty and upon a finding that the oroposed home occuoation complies with all of the requirements of this section, the olanning director shall issue a home occuoational special use oermit, with or without conditions. The oermit and the affidavit attesting 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 dwelling unit for Page 8 of 11 F:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC Draft Ord.doc the particular home occupation proposed and shall not be transferable to another location or to another person or entity. (g) Public Hearing on an aoolication for a Home Occupation Soecial Use Permit: If requested by the applicant, or an adversely affected owner or resident of real property located in Monroe County, during the reauired thirty (30) calendar days of the posting, a public hearing date shall be scheduled on the application for a home occupational special use permit. All costs related to the public hearing shall be the responsibility of the applicant. The public hearing shall be conducted by the planning commission in accordance with the provisions of Sec. 9.5-46: (h) Revocation: The planning director shall have the authority to initiate actions to revoke home occupation special use permits and all such actions shall reauire a public 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 special use approval contains knowingly false or misleading 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. 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 F:\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. 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 10 of 11 F:\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 F:\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: February 28, 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 F:\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. 'Nhich: (1) Is incident~1 ~nd second~r'{ to the residenti~1 use of the building; (2) Doos not change tho essontial rosidontial chmactor of the t:ffief Page 2 of 9 F:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC staff report.doc (3) Employs no moro than one (1) person who is 0 nonrosident of the building; (-1) The rosidont of the d'l.'olling unit holds a valid occupational license for the uso; (5) Is confined to no more than na:onty (20) percont of the total floor area of tho d'::olling; (6) Does not display or soli any stock in trado on the promises; (7) Is not ':isible from any other residontial structure; (8) Does not storo outsido of the dVlelling any equipmont or materials usod in the home occupation; (9) Doos not utilize mechanical, electrical or othor oquipmont which producos noise, eloctrical or magnetic intorforonce ':ibration, heat, glaro, or othor nuisanco outside the residential building or accessory structure; and (10) Doos not incroaso the avorage daily automobilo trips generated by the residonce in which tho home occupation is locatod. Such 0 home occupation may bo conductod only aftor approval of tho planning commission, 'I:hich shall hold a spocial use hoaring on tho request, oxcopt in commorcial fishing residontial '::hero a special uso permit is not required. The planning commission may deny or grant 0 spocial use pormit for tho home occupation with such othor conditions deemod in the public interest and consistont v:ith thoso requiromonts. 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 0 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. roquiring 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 hoaring; Page 3 of 9 F:\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 a 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 0 public hearing; 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; 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. roquiring 0 public hoaring; 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 0 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 hoaring; 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 fishino does not require a special use permit. Page 4 of 9 F:\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 fishino 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 fishino does not require a special use permit. Page 5 of 9 F:\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 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 a public hearing; 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) A oolicabilitv: 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) Aoolications: 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 approve and otherwise administer home occupational special use permits as specifically set forth in this section. Page 6 of 9 F:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC staff report. doc (d) Review bv the planning director: Within fifteen (15) working days of receiving a complete application, the planning director shall determine whether the proposed home occupation is consistent with the following standards and requirements: (1) The home occupation is incidental and secondary to the residential use of the buildinq: (2) The home occupation does not change the essential residential character of the use: (3) Not more than one (1) person who is a nonresident of the dwelling 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 dwelling: (5) The home occupation does not involve any retail sales or service which would reQuire customers to visit the residence, nor does the phvsical address of the residence appear on any advertising materials including stationary and business cards: (6) The home occupation is not visible from any other residential structure: (7) No sign advertising the home occupation is displayed on the prem ises: (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, glare, or other 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 Page 7 of 9 F:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC staff report.doc (11) Uoon issuance of a oermit, the aoplicant must apply for and maintain an occuoational license for the home occuoation where otherwise reauired. (e) Public notification of pendina aooroval: The olanning director, after determining that an aoolication for a home occuoation soecial use oermit is in compliance with the reauirements of this division, shall give notice of the pendinq aporoval as follows: (1) The planning director shall provide written notice by regular mail to owners of real property located within 300 feet of the orooerty which is the subject of the orooosed home occuoation: and (2) The applicant shall oost the prooerty of the orooosed home occuoation with a wateroroof sign at least four (4) sauare feet in front surface area, which is so lettered as to be easily visible from all oublic streets and public ways abutting the oroperty. The orooerty 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 comoliance 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 aoplicant. (f) Decision bv the planning director: After thirty (30) calendar days of posting the prooerty and uoon a finding that the prooosed home occupation complies with all of the requirements of this section, the olanninq director shall issue a home occuoational soecial use permit, with or without conditions. The permit and the affidavit attesting to compliance with the above reauirements 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 dwellina unit for the oarticular home occuoation proposed and shall not be transferable to another location or to another oerson or entity. (g) Public Hearina on an aoolication for a Home Occuoation 50ecial Use Permit: If requested by the aoolicant, or an adversely affected owner or resident of real orooerty located in Monroe County, during the reauired thirty (30) calendar days of the Page 8 of 9 F:\Planning\Working Folders\Gross-Fred\Home Occ\BOCC staff report.doc oosting, a public hearing date shall be scheduled on the aoolication for a home occuoational soecial use permit. All costs related to the public hearing shall be the resoonsibility of the aoplicant. The oublic hearing shall be conducted by the planning 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 soecial use permits and all such actions shall require a public 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 occuoation soecial use permit where there is comoetent and substantial evidence to establish any of the following: (1) That an aoolication for home occuoation soecial use aporoval contains knowinglY 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 soecial use permit imoosed pursuant to this section: or (4) That the home occuoation constitutes a public or private nuisance under Florida law. * Underlined text is new. * Strikcthr-otlgh tcxt is dClctcd.j 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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