Item N4 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2014 Division: Growth Management
Bulk Item: Yes No — Department: Plannina& Environmental Resources
Staff Contact Person,/Phone#: Christine Hta�irle Ext. 2517
Joseph Haberman, Ext. 2532
AGENDA ITEM WORDING:
A public hearing to consider an ordinance amending Monroe County Code (MCC) Sections 1014 and
130-124, revising the provisions relating to home occupations. (Legislative Proceeding)
ITEM BACKGROUND:
The purpose of the proposed amendment is to revise the provisions to address mobile businesses that
are based or operated from residences and to revise the posting requirernents for horne occupation
special use permit applications. Specifically the amendment:
• Defines the term mobile business in the Land Development Code. Mobile businesses are
defined within MCC §23-71 (in part I of the Code); however currently there is no definition
provided in the Land Development Code(pail 11 of the Code)
• Defines the term home occupation in MCC §13 0-124
• Modifies the purpose provisions related to home occupations to expressly include mobile
businesses that are based or operated from a residence:or residential property
• Shifts the responsibility of creating a posting notice for home occupation special use permit
application from the applicant to the Planning Department
• Modifies the posting notice size requirement for home occupation special use permit
applications from 4 SF (no specific width or length requirement) to a size determined by the
planning department (currently the planning department creates H" x 17' posting notices for
other types of applications)
• Adjusts the timefi-anie for an applicant to post a property with a pending home occupation
special use permit from 5 working days of the date of the surrounding property owner mailing
to 2 weeks (14 calendar days) of the date of the surrounding property owner mailing
• Updates existing language throughout MCC §10 1-1 and 130-124 to utilize proper terminology
and defined terms
During a regularly scheduled meeting held on January 28, 2014, the Development Review Committee
reviewed the ordinance and recommended approval to the BOCC. During a regularly scheduled public
hearing held on February 26, 2014, the Planning Commission reviewed the ordinance and
recommended approval to the BOCC.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATION: Staff recommends approval,
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: NJA SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes — No N/A AMOUNT PER MONTH N/A Year
APPROVED Y. County Atty MB/Purchasing_Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM 9
C �
3 / ,.
4
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. 2014
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
13 CODE SECTION 101-1, DEFINITIONS, AMENDING SECTION
1.4 130-1.24, HOME OCCUPATION SPECIAL USE PERMIT;
15 REVISING THE PROVISIONS TO ADDRESS MOBILE
16 BUSINESSES THAT ARE RASED OR OPERATED FROM
17 RESIDENCES, REVISING. THE POSTING REQUIREMENTS FOR.
18 HOME OCCUPATION SPECIAL USE PERMIT APPLICATIONS;
19 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
24 OF CONFLICTING PROVISIONS; PROVIDING FOR
21 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
22 AND THE SECRETARY OF STATE; PROVIDING FOR
23 CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
24
25 WHEREAS, the purpose of the proposed amendment is to revise the provisions to address
26 mobile businesses that, are based or operated from residences and to revise the posting
27 requirements for home occupation special use permit applications; and
28
29 WHEREAS, mobile businesses are defined within §23-71 of the Monroe County Code
30 (within part l of the Code); however there is no definition provided in the Land Development
31 Code (part 11 of the Code). A definition for a mobile business should be established in the l.,and
32 Development Code (past 11 of the Code), which is consistent with the existing definitions for
33 mobile food vendor and mobile repair or mobile services business that are in part I of the Code;
34 and
35
36 WHEREAS, mobile businesses are often based out of residences and the existing home
37 occupation criteria do not appropriately regulate this business practice, and
38
39 WHEREAS, the existing provisions related to the posting of notice for proposed home
40 occupation special use permit applications are not consistent with the general posting
41 reu1�•ements required for other q q application types per §110-5(f`) of the Monroe County Code; and
42
43 WHEREAS, the BOCC snakes the following Conclusions of 1:,aw: 1) the ordinance is
44 consistent with the Principles for Guiding Development in the Florida Keys Area of Critical
45 State Concern; 2) the ordinance is consistent with the provisions and intent of the Monroe
Page t of 6
I County Comprehensive Plan; and 3) the ordinance is consistent with the provisions and intent of
2 the Monroe County Code; and
3
4 "EREAS, the BOCC makes the following Conclusion of Law: the proposed text
5 amendments would be consistent with the provisions of§I 02-158(d)(5)(b) of the Monroe County
6 Code: L Changed projections (e.g., regarding public service needs) from those on which the text
7 or boundary was based; 2. Changed assumptions (e.g., regarding demographic trends); 3. Data
8 errors, including errors in mapping, vegetative types and natural features described in volume 1
9 of the plan; 4. New issues; 5. Recognition of a need for additional detail or comprehensiveness;
10 or 6. Data updates. Specifically, the proposed text amendments are necessary due to 5. A
11 recognition of a need for additional detail or comprehensiveness (to have the subject provisions
12 related to home occupation better address mobile businesses based out of a residence and to have
13 the subject provisions related to posting be more consistent with other posting requirements); and
14
15 WHEREAS, during a regularly scheduled meeting held on January 28, 2014, the Monroe
16 County Development Review Committee reviewed the ordinance and recommended approval to
17 the Board of County Commissioners; and
18
19 WHEREAS, during a regularly scheduled public hearing held on February 26, 2014, the
20 Monroe County Planning Commission reviewed the ordinance and recommended approval to the
21 Board of County Commissioners;
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
24 COUNTY COMMISSIONERS:
25
26 Section 1. Section 10 1-1 of the Monroe County Code shall be amended as follows (deletions are
27 str-ieken thf and additions are underlined):
28
29 Sec. 101-1. Definitions.
30
31 The following words, terms and phrases, when used in this ehapte Land Development Code,
32 shall have the meanings ascribed to them in this section, except where the context clearly
33 indicates a different meaning
34
35 Home occupation means a business, profession, occupation or trade operated from and/or
36 conducted Within a residential boAding dwelling unit or within an accessory structure
37 thereto) for gain or support by a resident of the dwelling unit.
38
39 Mobile business means an erson or business which noes from house to house or fi-om, place
40 to place to provide a service. J'his term includes any mobile Lood vendor or mobile repair or
41 mobile services business as defined in section 23-71.
42
43
44 Section 2. Section 130-124 of the Monroe County Code shall be amended as follows (deletions
45 are striek.-n-th+ough and additions are underlined):
46
Page 2 of 6
I See. 130-124. Home occupation special use permit.
2
3 (a) Applicability. Home occupation special use permits may be approved in any zoning
4 district in which residential use is allowed, including nonconforming residential uses
5 where such use was otherwise lawfully established. 116ine occupation means a business
6 Drofession, occupation or trade operated from and/or conducted within a residential
7 dwelling unit or within an accessory structure thereto for gain o1° support bra°esidcnt
8 of the dwelling unit. For the purposes of this section, home occupations include mobile
9 businesses that are based or operated from a residence or residential property.
10
11 (b)Applications. Applications for home occupation special use permits shall be submitted to
12 the planning director on forms provided by the director. The application shall include a
13 properly executed affidavit and agreement from the applicant attesting to and agreeing to
14 compliance with the standards and requirements for home occupations as outlined in this
15 section.
16
17 (c) Authority. The planning director is authorized to approve and otherwise administer home
18 occupation special use permits as specifically set forth in this section.
19
20 (d) Review by the plannin,!, director. Within 15 working days of receiving a complete
21 application, the planning director shall determine whether the proposed home occupation
22 is consistent with the following standards and requirements:
23 (1) 'The home occupation is incidental and secondary to the principal residential use of
24 the building residential dwelling unit;
25 (2) The home occupation does not change the essential residential character of the use;
26 (3) Not more than one person who is a nonresident of the residential dwelling unit is
27 employed by the home occupation;
28 (4) The home occupation use i-s, does not occupy more than 20 percent of the total floor
29 area of the residential dwelling unit and, if the home OCCUDation use utilizes an
30 accessoructure s it does not occu a more than 20 ercent of the total covered
31 and enclosed residential floor area on the property;
32 (5) The home occupation does not involve any retail sales or service that would-fequi-fe
33 necessitates or requires customers to visit the fesidenee residential dwelling unit or
34 the property, nor does the physical address of the residence appear on any advertising
35 materials including stationary and business cards;
36 (6) Activities associated with the The home occupation i-s are not visible from any other
37 residential sue*ituettife dwelling unit. If the hone occu anon utilises n accessary
38 structure, the structure is covered and enclosed;
39 (7) No sign advertising the home occupation is displayed on the premises;
40 (8) The home occupation does not involve 44e outdoor storage,_jqLludin-,T, but not litlifted
41 to of any equipment or materials;
42 (9) The home occupation does not involve the use of mechanical, electrical or other
43 equipment that produces noise, electrical or magnetic interference, vibration, heat,
44 glare, or other nuisance outside the residential buiakfi-ng dwelling-.unit or accessory
45 structure in which the home occupation occurs-,
Page 3 of`6
1 (10) The home occupation does not increase the average daily automobile trips
2 generated by the residence in which the home occupation is located;
3 (11) Upon issuance of a permit, the applicant must apply for and maintain an
4 ecetipa na1 any required license and/or business tax for the home occupation where
5 otherwise required;
6 (12) The home occupation does not dispose of any solid waste at the home business
7 occupation address which was not generated at the home busin occupation
8 address; and
9 (13) The home occupation has obtained a commercial collection service agreement if
10 the business creates or generates any solid waste at a location other than the home
11 busini-ss occuDation address.
12
13 (e) Public notification of'pending approval. Tile planning director, after determining that all
14 application for a home occupation special use permit is in compliance with the
15 requirements of this arti-e4e section, shall give notice of the pending approval as follows:
16 (1) The planning director shall provide written notice by regular mail to owners of real
17 property located within 300 feet of the property that is the subject of the proposed
18 home occupation;
19 (2) The applicant shall post the property of the proposed home occupation with a
20 waterproof sign(s) at lean , whieh is sa-lettet-ed
21 a&4o-be provided by tile Planning de.artment which is so, located that the notice(s)
22 shall be easily visible from all public streets and public ways abutting the property,
23 The property shall remain posted for no less than 30 calendar days beginning within
24 five working days two weeks of the mailing, date that tlw-at)o*eatio4l-4j,4-tieei:OeA 1-
25 ii. eomplianee by the planning difeet of the written notice required
26 (e)01 ; and
27 (3) The notices in subsections (e)(1) and (e)(2) of this section shall provide a brief
28 description of the proposed home occupation and indicate where the public may
29 examine the application. The cost of providing this notice shall be borne by the
30 applicant.
31
32 (1) Decision by the planning director. After 30 calendar days of posting the property and
33 upon a finding that the proposed home occupation complies with all of the requirements
34 of this section, the planning director shall issue a home occupation special use permit,
35 with or without conditions. The permit and the affidavit attesting to compliance with the
36 above requirements shall be filed with the clerk of the court and recorded in the official
37 records of the county. The permit shall authorize only the current resident of the dwelling
38 unit for the particular home occupation proposed and shall not be transferable to another
39 location or to another person or entity.
40
41 (g) Public hearing on an al.yVication,f6t, a home occu])alion special use permit. If requested
42 in writing to the_plannigg director by the applicant, or an adversely affected owner or
43 resident of real property located in the county, during the required 30 calendar days of the
44 posting, a public hearing date shall be scheduled on the application for a home
45 occupation special use permit. All costs related to the public hearing shall be the
Page 4 of 6
I responsibility of the applicant. The public hearing shall be conducted by the planning
2 commission in accordance with the provisions of section 110-6.
3
4 (h) Revocation. The planning director shall have the authority to initiate actions to revoke
5 home occupation special use permits and all such actions shall require a public hearing to
6 be conducted before the planning commission in accordance with section 102-20. The
7 planning commission shall have the authority to revoke any home occupation special use
8 permit where there is competent and substantial evidence to establish any of the
9 following:
10 (1) That an application for home occupation special use approval contains knowingly
11 false or misleading information;
12 (2) A violation by the holder of a home occupation special use permit of any provision of
13 this section;
14 (3) A violation of any condition of the home occupation special use permit imposed
15 pursuant to this section; or
16 (4) That the home occupation constitutes a public or private nuisance under state law.
17
18 Section 3. Severability.
19
20 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
21 adjudged by any court of competent Jurisdiction to be invalid, such judgment shall not affect,
22 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
23 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
24 involved in the controversy in which such judgment or decree shall be rendered.
25
26 Section 4. Conflicting Provisions.
27
28 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
29 extent of said conflict.
30
31 Section 5. Transmittal.
32
33 This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
34 380.05 (11) and F.S. 380.0552(9).
35
36 Section 6, Filing.
37
38 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
39 become effective until a final order is issued according to F.S. 380.05(6) by the Florida State
40 Land Planning Agency or Administration Commission approving the ordinance, and if the final
41 order is challenged, until the challenge to the order is resolved pursuant to F.S. Chapter 120.
42
43
44
45
46
Page 5 of 6
I Section 7. Inclusion in the Monroe County Code.
2
3 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
4 of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
5 appropriately renumbered to conform to the uniform marking system of the Code,
6
7 Section 8. Effective Date.
8
9 This ordinance shall become effective as provided by law and stated above.
10
11
12 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
13 at a regular meeting held on the day of 2014.
14
15 Mayor Sylvia Murphy ............
16 Mayor pro tee Danny L. Kolhage
17 Commissioner Heather Carruthers
18 Commissioner George Neugent
19 Commissioner David Rice
20
21 BOARD OF COUNTY COMMISSIONERS
22 OF MONROE COUNTY, FLORIDA
23
24 BY:
25 Mayor Sylvia Murphy
26 (SEAL)
27 ATTEST: AMY HEAVILIN, CLERK
28
29
30 Deputy Clerk
7
�A C
. 7'
Page 6 of 6
W
MEMORANDUM
1" ONROE COUNTY PLANNING: &ENVIRONMENTAL RE SOURC"Es DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Plarming& Environmental Resources
From: Joseph I laberman, AICP, Planning & Development.Review Manager
Date: July 22, 2014
Subject: AN ORDINANC"E BY YHE MONROE COUNTY BOARD OF COUNTY
CO�R`11 ISMONERS` AMENDING MONROE COU1V7T C:'ODE SECTION 101-1,
DEFINJTION,S, AMENDING SECTION 130-124, HOME OCCUPATION
,5PEC7AL USE PERMIT RE VISING THE, PRC.7T'1510N,S TO ADDRE,5,5 MOBILE
BUWA?E&S 'S THAT ARE 13A,SFD OR OPERATED FROM RE,51DENC.'Ea5,
REV1,51Nf THE P0S'TIN7 RE,QUIREMEATT," FOR HOME OCCUPATION
SPEC"JAL UA E PERMIT APPLICATIONS; PROVIDING FOR S"EkERABI1,ITY-
PROVIDIN'Cs FOR REPEAT; OF CONFLICTING PROVRSYONpS",` PROVIDING
FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
,SECRETARY OF STATE; PROVIDING FOR C"ODTFIC°ATION; PROVIDING
FOR AN EFFECTIVE DATE.
.......... .......... — ......__.. ._...
Meeting: August 20,2014
_..................................w.._ _ _......_............w......._.
I R�I CiF S T
3
4 The Planning & Environmental. Resources Department is proposing amendments to the text,
5 of§130-124 of the Monroe County Code (MCC). The purpose of the proposed amendment is
6 to revise the provisions to address mobile businesses that based or operated from residences
7 and to revise the posting requirements for home occupation special use permit applications.
8
9 11 RELEVANT PRIOR COUNTY ACTIONS:
14
11 In 2003, the Board of County Commissioners passed and adopted Ordinance 4007-2003.
1.2 Among amendments to other MCC sections, this ordinance modified the definition of home
13 occupation in. MCC 9.5-4 (later renumbered to MCC 101-1) and established requirements
14 for home occupations in. MCC §9.5-259 (later renumbered to MCC 130-124). The main
15 purpose of the ordinance was to relocate the criteria and process l'or obtaining home
16 occupation approvals from the definition section of the MCC to the regulatory sections of the
1.7 MCC. In addition, the ordinance revised the criteria and modified the process by removing
1.8 the public hearing requirement.
19
Page I of 6(File#20I4-001)
I In 2010, the Board of County Commissioners passed and adopted Ordinance #019-2010.
2 Among amendments to other MCC sections., this ordinance modified the criteria for home
3 occupations in MCC §130-124 to address solid waste,
4
5 ITT REVIEW
6
7 Mobile Businesses.-
8
9 Mobile businesses are defined within MCC §23-71; however there is no definition provided
10 in the Land Development Code (typically provided in MCC §101-1), Further, mobile
11 businesses are often based out of residences and the existing home occupation criteria do not
12 appropriately regulate this business practice. This deficient language results in difficulty in
13 pursuing code compliance in cases where mobile businesses change the essential residential
14 characters of the dwelling units.
15
16 A definition for a mobile business should be established in the Land Development Code (part
17 11 of the MCC), which is consistent with the existing definitions for mobile,lbod vendor and
18 mobile rel)air or mobile services business that are: in part I of the MCC (specifically MCC
19 §23-71),
20
21 In addition, staff is proposing a consistent amendment to MCC §23-114 to refer to MCC
22 §130-124; however as this section is not situated in the Land Development Code, those
23 amendments are processed differently and are only reviewed by the Board of County
24 Commissioners. As of the date of this report,the following amendments are proposed:
25
26 See. 23-7L Definitions.
27
28 The following words, terms and phrases, when used in this article, shall have the
29 meanings ascribed to them in this section, except where the context clearly indicates a
30 different meaning:
31
32
33
34 Mobile food vendor means any person who sells, or offers for sale, any candy, ice cream
35 confection, or any food or beverage for human consumption from any call or vehicle of
36 any kind capable of locomotion.
37
38 Mobile repair or mobile services business means any person who goes from house to
39 house or from place to place to provide minor repairs to structures or machinery or
40 electronic products not requiring a license under section 6-200, or to provide usual and
41 necessary maintenance services, including, but not limited to, mowing and yard service
42 (limited, absent a landscaping certificate of competency, to mowing grass, weeding,
43 trimming shrubs and trees under six feet tall, and removing the trimmings of such
44 activities),janitor service or maid set-vice.
45
46
Page 2 of 6(File#2014-001)
1
2
3
4
5 Sec. 23-114. Mobile repair or service.
6
7
8 Every person engaged in the operation of a mobile repair or mobile service business, no
9 matter what type of conveyance is used for that purpose, whether or not operated in
10 conjunction with some other line of business, MUSt pay a business tax of$25.00. 111'the
11 event.the-m.)l p1j.,js based from a residence located in an uninco d area of the
12 county, the use shall reqLdre a home occ.gp4tipj,1_5Tg s, i-milit pursuarit to section
13
14
15 Posting.•
16
17 Currently, applicants of pending home occupation special use permits are required to create
18 and post a waterproof signs of at least 4 square feet in front surface area to notify neighbors
19 of the pending approvals. This requirement is not consistent with the general posting
20 requirements required for other application types per MCC §110-5(f,). For most other
21 application types requiring such notice, the Planning & Environmental Resources
22 Department creates an I I" x 17" waterproof sign of consistent format and provides it to the
23 applicant to post(an I I" x 17" sign is approximately 1.3 square feet).
24
25 The current requirement results in inconsistent public noticing as applicants design signs
26 based on their varying preferences. As a result, the signs are of varying dimensions (signs are
27 only required to be 4 square feet in area, and do not have any required length or width) and
28 signs are often not legible due to poor font size/type selections by applicants.
29
30 Note: As this amendment proposes a new requirement that the Planning & Environmental
31 Resources Department create and deliver signs to the applicant, it also includes a proposed
32 increase to the required time in which the applicant has to post the sign from 5 working days
33 to 14 calendar days (two weeks) to accommodate for the delivery time.
34
35 Therefore, staff recommends the following changes (Deletions are and
36 additions are underline). Text to remain the same is in black):
37
38 Sec. 101-1. Definitions.
39
40
41
42 Home occupation means a business, profession, occupation or trade �qldzo-r
43 conducted within a residential bti"ng �;!A ljj!j&..unit ,(or within an accessory structure
44 jhg�Kctpj for gain or support by a resident of the dwelling UniI.
45
46
Page 3 of 6(File#2014-001)
1
2 Mobile business meatis_Al; fD,�L q_c�!L,busiiiess which_go�,, rgqn house to house or fronl.plaq�5_fi ............�_' __q
3 eta pinl g 1cr..l aavidg a service. this term includes any taco or mobile 01 1 11 of,
4 inobile services business as defined in section 23-7 1.
...............
5
6
7
8 Sec. 130-124. Home occupation special use permit.
9
10 (a) Applicability Home occupation special use permits may be approved in any zoning
11 district in which residential use is allowed, including nonconforming residential uses
12 where such use was otherwise lawfully established. flonie o aleottmMeans a. usines
13 LIPILion c)�Ltrade ..gp I from arid/or conducted within a residential
�g _ -------------
14 dwefltlig unit .yithin an accessory structure thereto) for,,g,,iL r.sLup ort b a re dVital
15 of tl]t�Z (tWelling_Unit. For the q�g� is ti horne, ions include in
. _�qfl obile
16 businesses that are based or o rLat ifrom a residence or residential.12Lgp gyt'
............
17
18 (b) Applications. Applications for home occupation special use permits shall be submitted to
19 the planning director
- on forms provided by the director. The application shall include a
20 properly executed affidavit and agreement from the applicant attesting to and agreeing to
21 compliance with the standards and requirements for home occupations as outlined in this
22 section.
23
24 (c) Authority. The planning director is authorized to approve and otherwise administer home
25 occupation special use permits as specifically set forth in this section.
26
27 (d) Review by Me planning (firector. Within 15 working days of receiving a complete
28 application, the planning director shall determine whether the proposed home occupation
29 is consistent with the following standards and requirements:
30 (1) The home occupation is incidental and secondary to the p �� residential use of
31 the 4ui-Wifig Kg WgjjjLaLdxy2cI ljqg iqi_L All
32 (2) The home occupation does not change the essential residential character of the use;
33 (3) Not more than one person who is a nonresident of the residential dwelling unit is
34 employed by the home occupation;
35 (4) The home occupation use is does
not occPPY more than 20 percent of the total floor
36 area of the residential dwelling if the ho me occ Lion use utilizes an
.........."-------
37 accesso�:X.1!1:1!glLkiL�,.Ls,,L�it, d2es..Li(II �,c 0
............... _�L _My inore, than 2 total cover,ed
............._.........
38 and enclosed residential floor.area oil the V rg,I.?_ gqy;
39 (5) The home occupation does not involve any retail sales or service that w(-'RAd-+eq4Fe
40 necessitates-or eq . customers to visit the feskk-nee residential d\Vellillg ii
..............
41 nor does the physical address of the residence appear on any advertising
42 materials including stationary and business cards;
43 (6) Activities associated with the -The home occupation is are not visible from any other
44 residential 4, Rietute dwell jDg_�LnjLtL_.Lf the horne 0 C iontili Utilizes an access..................
45 structure, the structure is covered and enclosed
46 (7) No sign advertising the home occupation is displayed on the premises;
Page 4 of 6(File 42014-001)
1 (8) The home occupation does not involve the outdoor storage,���.IIL�tjtrnited
2 to of any equipment or materials;
3 (9) The home occupation does not involvethe use of mechanical, electrical or other
4 equipment that produces noise, electrical or magnetic interference, vibration, heat,
5 glare, or other nuisance outside the residential buiIding dv r rng f t or accessory
6 structure in which the home oc qIK 4tion occurs;
7 (10) The home Occupation does not increase the average daily automobile trips
8 generated by the residence in which the home occupation is located;
9 (11) Upon issuance of a permit, the applicant must apply for and maintain an
10 eeet-qm+io" a_ny..Igguired license and/or bLI.Siness tax for the home occupation where
.............
11 otherwise required;
12 (12) The home occupation does not dispose of any solid waste at the he+Re-bes4wss
13 qcg atjoLn address which was not generated at the tabu ation
14 address; and
15 (13) The home occupation has obtained a commercial collection service agreement if
16 the business creates or generates any solid waste at a location other than the home
17 b*-,,,+nt-ss oc gg,-!ft address.
18
19 (e) Public notafication ofpending approval. The planning director, after determining that an
20 application for a home occupation special use permit is in compliance with the
21 requirements of this ar4eIe section, shall give notice of the pending approval as follows:
22 (1) The planning director shall provide written notice by regular mail to owners of real
23 property located within 300 feet of the property that is the subject of the proposed
24 home occupation;
25 (2) The applicant shall post the property of the proposed home occupation with a
26 waterproof sigqsJ &-k-Vtered
27 as-to-lw pry vided_b Ite planning e.L)�iqnient.
------...... -y..!_ -_ JL _ _��,hich is so located that the noticd
28 shall be easily visible from all public streets and public ways abutting the property.
29 The property shall remain posted for no less than 30 calendar days beginning within
30 4-7i-vc—worI6ng-4ay-,s two weeks of the mailin date
---9
31 of the written notice i��q subsecti
-............ ........- on......
32 Le�j_); and
33 (3) The notices in subsections (e)(1) and (e)(2) of this section shall provide a brief
34 description of the proposed home occupation and indicate where the public may
35 examine the application. The cost of providing this notice shall be borne by the
36 applicant.
37
38 (f) Decision by, the planning director. After 30 calendar days of posting the property and
39 upon a finding that the proposed home occupation complies with all of the requirements
40 of this section, the planning director shall issue a home occupation special use permit,
41 with or without conditions. The permit and the affidavit attesting to compliance with the
42 above requirements shall be filed with the clerk of the Court and recorded in the official
43 records of the county. The permit shall authorize only the current resident of the dwelling
44 unit for the pwocular home Occupation proposed and shall not be transferable to another
45 location or to another person or entity.
46
Page 5 of 6(File 42014-001)
I (g) Public hearing on, an application for a hoine occupation special use pernfit. If requested
2 .Wwljjg for by the applicant, or an adversely affected owner or
3 resident of real property located in the county, during the required 30 calendar days of the
4 posting, a public hearing date shall be scheduled on the application for a home
5 occupation special use permit. All costs related to the public hearing shall be the
6 responsibility of the applicant. The public hearing shall be conducted by the planning
7 commission in accordance with the provisions of section H 0-6
8
9 (h) Revocation. The planning director shall have the authority to initiate actions to revoke
10 home Occupation special use permits and all such actions shall require a public hearing to
11 be conducted before the planning commission in accordance with section 102-20. The
12 planning commission shall have the authority to revoke any home occupation special use
13 permit where there is competent and substantial evidence to establish any of the
14 following:
15 (1) That an application for home occupation special use approval contains knowingly
16 false or misleading information;
17 (2) A violation by the holder of a home occupation special use permit of any provision of
18 this section;
19 (3) A violation of any condition of the home occupation special use permit imposed
20 pursuant to this section; or
21 (4) That the home occupation constitutes a public or private nuisance under state law.
22
23
24
25 IV RECOMMENDATION
26
27 Staff has found that the proposed text amendment would be consistent with the provisions of
28 §102-158(d)(5)(b): 1. Changed projections (e.g., regarding public set-vice needs) from those
29 on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
30 demographic trends); 3. Data errors, including errors in mapping, vegetative types and
31 natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for
32 additional detail or comprehensiveness; or 6. Data updates. Specifically, staffhas found that
33 the proposed text amendments are necessary due to a recognition of a need for additional
34 detail or comprehensiveness.
35
36 Staff recommends that the Board of County Commissioners, arnend the Monroe County Code
37 as stated in the text of this staff report.
Page 6 of 6(File 42014-001)
0
MONROE COUNTY,FLORIDA
PLANNING INN COMMISSION SCI U ION NO.P13,-14
SOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF THE
QUEST BY THE PLANNING & ENVIRONMENTAL
SOURCES DEPARTMENT FOR AN ORDINANCE BY THE
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ENDING MONROE COUNTY CODE SECTION 101-I,
DEFINITIONS, AMENDING SECTION 130-124, HOME
OCCUPATION SPECIAL USE PERMIT, REVISING THE
PROVISIONS TO ADDRESS MOBILE BUSINESSES THAT
ARE BASED OR. OPERATED FROM RESIDENCES,
REVISING THE POSTING REQUIREMENTS FOR. HOME
OCCUPATION SPECIAL USE PERMIT APPLICATIONS,
PROVIDING FOR SEVE ILITY; PROVIDING FOR.
PEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
D THE SECRETARY OF STATE; PROVIDING FOR
CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, during a scheduled public meeting held on February 26, 2014, the Monroe
County Planning Commission conducted a review and consideration of a request filed by the
Planning & Environmental. Resources Department for a text amendment to amend 101-1 and
130-14 of the Monroe County e;and
WHEREAS, the purpose of the proposed amendment is to revise the provisions to
address mobile businesses that based or operated from residences and to revise the posting
requirements for home occupation special use permit applications; and
WHEREAS, mobile businesses are defined within 23-71 of the Monroe County Code
(within part I of the Code); however there is no definition provided in the Land Development
Code (part 11 of the Cade). A definition for a mobile business should be established in the Land
Development Code (part 11 of the Code), which is consistent with the existing definitions for
mobile food vendor and mobile repair or mobile services business that are in part I of the Code;
and
WHEREAS, mobile businesses are often based out of residences and the existing home
occupation criteria do not appropriately regulate this business practice; and
Resolution 013-14
File#2014-001 Page l of 6
WHEREAS, the existing provisions related to the posting of notice for proposed home
occupation special use permit applications is not consistent with the general posting requirements
required for other application types per§110-5(f)of the Monroe County Code; and
WHEREAS,during a regularly scheduled meeting held on January 28, 2014,the Monroe
County Development Review Committee reviewed the ordinance and recommended approval to
the Board of County Commissioners; and
WHEREAS,the Planning Commission was presented with the following documents and
other information relevant to the request, which by reference is hereby incorporated as part of the
record of said hearing:
1. Staff report prepared by Joseph Haberman,AICP,Planning& Development Review
Manager,dated January 8,2014;and
2. Draft Ordinance;and
3. Sworn testimony of Monroe County Planning & Environmental Resources
Department staff-, and
4. Advice and counsel of Susan Grimsley and Steve Williams,Assistant County
Attorneys, and John Wolfe, Planning Commission Counsel; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact:
1. Text amendments to the Monroe County Code shall not be inconsistent with the
provisions and intent of the Monroe County Comprehensive Plan; and
2. 102-158(d)(5)(b) of the Monroe County Code provides the provisions that must be
met for a text amendment:
a. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based; and/or
b. Changed assumptions(e.g.,regarding demographic trends); and/or
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan; and/or
d. New issues; and/or
e. Recognition of a need for additional detail or comprehensiveness;and/or
f. Data updates;and/or
g. For FLUM changes, the principles for guiding development as defined in the
Florida Statutes relating to changes to the comprehensive plan;and
3. Text amendments to the Monroe County Code shall not be inconsistent with the
Principles for Guiding Development in the Florida Keys Area of Critical State
Concern;and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Conclusions of Law:
Resolution#P 13-14
File#2014-001 Page 2 of 6
1. The proposed text amendment is consistent with the provisions and intent of the
Monroe County Comprehensive Plan; and
2. The proposed text amendment is consistent with the provisions and intent of the
Monroe County Code. The proposed text amendment meets the standards for text
amendments as set forth in §102-158(d)(5)(b) of the Monroe County Code,
specifically,due to recognition of a need for additional detail or comprehensiveness.
3. The proposed text amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA,that the preceding Findings of Fact and Conclusions of
Law support its decision to recommend approval to the Board of County Commissioners of the
following text amendment:
Section 1.The Monroe County Code shall be amended as follows (deletions are tlir
and additions are_underlined):
Sm 130-124.Rome occupation special use permit.
(a) Applicability. 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. Home._occupation means a business,
Mofession,, occupation or trade ,gorated from pd/or conducted within a residential
dwelling gWI & within an accesM structure tb ,norc to) for gain or support by a resident
of the dwelling unit. Egj the numoses of jbig segfign, home occupations include mobile
businesses that are based or pperated from a residence or residential propeM,
(b)Applications. 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)Authority. The planning director is authorized to approve and otherwise administer home
occupation special use permits as specifically set forth in this section.
(d) Review by the planning director. Within 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 Rn Lnci I residential use of
the buikfing regiLential dw0liLig unit;
(2) The home occupation does not change the essential residential character of the use;
Resolution#P13-14
File#2014-001 Page 3 of 6
(3) Not more than one person who is a nonresident of the residential dwelling unit is
employed by the home occupation;
(4) The home occupation use is does not achymore than 20 percent of the total floor
area of the residential dwelling unit and, if the home occoation use utilizes an
accessory sb_mcture(s), it does not occupy more than 20 pormt l covered
and enclosed residential floor area gn the pL o edy,
(5) The home occupation does not involve any retail sales or service that
necessitates or requires customers to visit the moideftee, residential,, dwelling or
the gLog= nor does the physical address of the residence appear on any advertising
materials including stationary and business cards;
(6) Activities ms—ociated with the The home occupation is are not visible from any other
residential stmetwe dwelling unit. If the home occupation utilizes an accessory
structure,the structure is covered and enclosed;
(7) No sign advertising the home occupation is displayed on the premises;
(8) The home occupation does not involve the outdoor storage. including but or limn tc
Ig of any equipment or materials;
(9) The home occupation does not involve the use of mechanical, electrical or other
equipment that produces noise, electrical or magnetic interference, vibration, heat,
glare, or other nuisance outside the residential baikling dwelling unit or accessory
structure in which the home occupation—occurs;
(10) The home occupation does not increase the average daily automobile trips
generated by the residence in which the home occupation is located;
(11) Upon issuance of a permit, the applicant must apply for and maintain an
any required license or business tax for the home occupation where
otherwise required;
(12) The home occupation does not dispose of any solid waste at the lheeme b-A-W-91fiess
occupation address which was not generated at the QcCleation
address; and
(13) The home occupation has obtained a commercial collection service agreement if
the business creates or generates any solid waste at a location other than the home
buskw%oceuvation address.
(e) Public not cation of pending approval. The planning director, after determining that an
application for a home occupation special use permit is in compliance with the
requirements of this ag4ele section,shall give notice of the pending 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 that is the subject of the proposed
home occupation;
(2) The applicant shall post the property of the proposed home occupation with a
waterproof signUs at least feuf
provided by theplannini dgmg—rtnent -which is so located that the notice(s)
shall be easily visible from all public streets and public ways abutting the property.
The property shall remain posted for no less than 30 calendar days beginning within
wrl.'Wedda two wcck§ of the Mailing dateU-
..... diftete.F of the AdAgn notice required by subsection
57-
Le)LI),-,and
Resolution 4P 13-14
File#2014-001 Page 4 of 6
(3) The notices in subsections (e)(1) and (e)(2) of this section shall provide a brief
description of the proposed home occupation and indicate where the public may
examine the application, The cost of providing this notice shall be borne by the
applicant.
(f) Decision by the planning director. After 30 calendar days of posting the property and
upon a finding that the proposed home occupation complies with all of the requirements
of this section, the planning director shall issue a home occupation special use permit,
with or without conditions. The permit 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 the county, The permit shall authorize only the current resident of the dwelling
unit for the particular home occupation proposed and shall not be transferable to another
location or to another person or entity.
(g) Public hearing on an application for a home occupation special use permit. If requested
in writing to the planning director by the applicant, or an adversely affected owner or
resident of real property located in the county,during the required 30 calendar days of the
posting, a public hearing date shall be scheduled on the application for a home
occupation 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 section 110-6.
(h) Revocation. The planning director shall have the authority to initiate actions to revoke
home occupation special use permits and all such actions shall require a public hearing to
be conducted before the planning commission in accordance with section 102-20. 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 state law.
Resolution 013-14
File#2014-001 Page 5 of 6
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at a meeting held on the 26h of February, 2014.
Chair Wiatt LES
Commissioner Hale U—S
Commissioner Lustberg M
Commissioner Miller M
Commissioner Werling yu
MMI ON OF M R CO
PLANNING CO I UNTY,FLORIDA
BY
William'Matt, Chair
Signed this day of
M MOE
O'IR : 11 p Pao
no
OM"
0
APPMO FILED wrTH THL2�
APR 3 0 2014
AGEN,Cv,*Y CURK
Resolution#P13-14
File#2014-001 Page 6 of 6
p'
ON OE COUNTY,FLORIDA
DEVELOPMENT REVIEW COMMITTEE
SOLUTION NO.DRC t 3-14
A RESOLUTION BY THE DIRECTOR OF PLANNING AND
ENVIRONMENTAL RESOURCES AND CHAIR OF THE
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
APPROVAL OF THE REQUEST BY TREPANIER &
ASSOCIATES INC. FOR AN ORDINANCE BY THE MO OE
COUNTY BOARD OF COUNTY COMMISSIONERS
AMENDING MO OE COUNTY CODE SECTION 101-1,
DEFINITIONS, AMENDING SECTION 130-124, HOME
OCCUPATION SPECIAL USE PERMIT, REVISING THE
PROVISIONS TO ADDRESS MOBILE BUSINESSES THAT
ARE BASED OR OPERATED FROM RESIDENCES,
REVISING THE POSTING REQUIREMENTS FOR HOME
OCCUPATION SPECIAL USE PERMIT APPLICATIONS,
PROVIDING FOR SEVER ABILITY; PROVIDING FOR
PEAL OF CONFLICTING PROVISIONS, PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, during a scheduled meeting held on January 28, 2014, the Development
Review Committee (DRC) of Monroe County conducted a review and consideration of a request
filed by the Monroe County Growth Management Division for an amendment to the Monroe
County Code in accordance with §102-1 8 of the Monroe County Code; and
WHEREAS, the purpose of the proposed amendment is to revise the provisions to
address mobile businesses that 'based or operated from residences and to revise the posting
requirements for home occupation special use permit applications; and
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee Chair and Senior Director of Planning & Environmental
Resources found:
1, The proposed text amendment is consistent with the provisions and intent of the
Monroe County Comprehensive Plan; and
Resolution#DRC 03-14
File#2014-001 Pagel ot`2
2. The proposed text amendment is consistent with the provisions and intent of the
Monroe County Code;and
3. The proposed text amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern; and
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the
staff report and discussed at the January 28, 2014 meeting supports the Chair's decision to
recommend approval to the Planning Commission and Board of County Commissioners.
Date "g--
To- sleyS wa Development Review Committee Chair and
Senior Director of Planning and Environmental Resources
I HEREBY CERTIFY that on this day before me,an officer duly authorized in the State aforesaid
and in the County aforesaid,to take acknowledgments, personally appeared Townsley Schwab,to
me known to be the person described in and who executed the foregoing instrument and she
acknowledged before me the she executed the same.
60
N�ESSmy hand and official seal in the County and State last aforesaid this day of
2014.
NOT ARYPUBLIC,S ATE OFFLORIDA
MAYRA TEMM
katuy pumle-ststo C,Rwwo
my comm.bolm May 19.201
commWw"0 EE less"
Resolution#SRC 03-14
File#2014-001 Page 2 of 2