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2813-82Y ""3•t?1^h'?'Hr'q-?„n.t fir., ?y r t,*}• ,:z .• ?:: •' . ;: .' ,. ' t` 'wA'A?}Y?rl,f?lx?a .,i,I?'y'a?G ?y1yl??`ifw????•+?, Y a ?L? ;? .'' ?.?;€: •;,4 ,???°,?4?:?.r:? x.?#? 4'uf±?firv???a '?«_?,. tiL:". : ?'?r, r ?• ? ;1A. ?`!Y.,!1s •y}','.Y A"?n f {4Fi 'IIn. Y,?. ;,_Z / ] t A` i ? ))yyy7 1 AIML r ^`4 i ors;, Nl- ORDINANCE NO. 2813-82 ,,i.,,+ v r,• 4u:aty 4t4 O FLORIDA, 7,•?'`, ?`?g,?: AN ORDINANCE F THE CITY OF CLEARWATER AMENDING CHAPTER 131, ZONING, OF TITLE XI, BUILDING AND t ZONING REGULATIONS, OF THE CODE OF ORDINANCES, CITY OF CLEARWATER TO CHANGE THE DEFINITION OF THE TERM ? '`?'" •° ` ` "HOME OCCUPATION, CUSTOMARY"; TO REVISE THE STANDARDS GOVERNING THE BOARD OF ADJUSTMENT AND APPEALS ON ZONING IN GRANTING CUSTOMARY HOME £ OCCUPATION SPECIAL EXCEPTIONS AND CREATING A NEW': "- SECTION TO GOVERN CUSTOMARY HOME OCCUPATIONS; PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING -tr FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. Y"fir •? WHEREAS, on August 19, 1982 , the City Commission of the t`'?F?;y•' ?F;j,?x'1'`1t i +7 ,'^`:34 '•'?' ''•?•, ` y City of Clearwater, after proper public notice, held a public hearing on certain proposed changes to the Zoning Ordinance of the City of Clearwater in accordance with procedure as established; and F .A i'•; `' WHEREAS, the City Commission has fully considered the recommendations .e Sz' • and report of the Planning and Zoning Board relative to the certain proposed changes to the Zoning Ordinance; and t ? WHEREAS, certain of the proposed changes and amendments to the Zoning Ordinance were approved by the City Commission after its evaluation of all evidence I t f Y y. presented at the said public hearing; and ` WHEREAS, the Local Government Comprehensive Planning Act (LGCPA) t' requires that ail development regulations and amendments thereto related to an adopted comprehensive plan or element thereof be reviewed by the Local Planning Agency (LPA) for conformance with plans adopted pursuant to the LGCPA; and y r WHEREAS, the Pinellas County Planning Council (PCPC) has been designated the Local Planning Agency for Pinellas County and the PCPC has adapted. guidelines with reference to such required referral process; and WHEREAS, this Ordinance has been referred to and considered by the f. PCPC under said process; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION' , OF THE CITY OF CLEARWATER, FLORIDA: 5Section I. That the paragraph entitled "Home occupation, customary" as set forth in Section 131.006, Definitions, of Article 1, Generally, of Chapter iii, Zoning, of the Code of Ordinances, City of Clearwater, be and the same Is hereby amended to read as follows: Orc3. 213-82, 9/16/82 in { s t ¦# Section 131.006. Definitions. 0 Home occupation, customary: An occupation, craft or profession otherwise required to be licensed by Title VII of the Code of Ordinances carried on entirely within end 4ne4dentel to the use of of a dwelling unit except as such occupation shall be conducted from or dependent upon t e -utilization o a motor vehicle in which a dwelling unit shall be located for the sole ur se or travel from Tne home occupation site tote premises on which the business, service incidental to the residential use of the dwelling unit ana of a nature so as not to change the residential character thereo . In particular the term customary home occupation as used in this chapter shall be limited to such uses permitted as special exceptions by the board of adjustment and appeal on zoning where provided for in the respective zoning districts In accord with the specific criteria set forth in section 131.016 applicable to such uses; or alternatively, to such uses 1?`? i •1r•?I ??tM ? , •?f H?? ' 4? l ra, .Y4••.. NP, A i Section 2. That subparagraph M 17) of Section 131.016 Board of Adjustment and Appeal on Zoning be and the same is hereby amended to read as follows: Section 131.016. Board of Adjustment and Appeal on Zoning. (h) Same - Enumeration. The following list identifies most, but not all, special exceptions. Attention is directed to the specific zoning district text for the list of special exceptions. (17) Customary home occupation. The board of adjustment and appeal shall authorize such special exception only upon a finding that: a. No sale of or trading in merchandise is carried on, except that incidental and clearly secondary to the primary nature of the occupation. b. No person other than members of the family residing on the premises shall be engaged in such occupation. C. No internal change in the structural form of the building is necessary to accommodate the home occupation, and such occupation shall be restricted to one room in the dwelling, and the floor area of such room may not exceed twenty-five (25) per cent of the total floor area of such dwelling, and all material, equipment or facilities shall be kept therein; except that such materials equipment or mises may be stored in a totally enclosed and ermitted motor vehicle not to exceed ten id 0,000 pounds gross vehicle weight on the property of the home occupation in a d. No occupation shall be conducted outside the dwelling unit or in any accessory building except as such occupation shall be conducted from or dependent upon the utilization of a motor vehicle in so or e. Traffic generated by such home occupation shall be in no greater volume than would normally be "2- , prd' 2DIS-82 9/16/82 14• A iK 131, . ,g expected at a similar residence where no customary home occupation is sought; f. The occupation shall not involve the use of a commercial vehicles for delivery of materials to or from the premises except for travel from the home occupation site for a resident thereof to a to location or locations an to return such tr s not to an two try exceed on t Re average more than- day. g. No marked vehicle or equipment used In conjunction with the home occupation shall be parked on the public right-o€-way or on the property so as to identify, advertise or otherwise attract attention to the home occupation; h. No occupation shall be conducted or equipment or process associated with such occupation used which creates noise, vibration, glare, fumes, odors, dust, smoke or electrical interference detectable to the normal senses at the lot fine or beyond the lot line, if the occupation is conducted or equipment used in a detached single-family residence or beyond the exterior or any common walls in a joined or multifamily residential unit. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; I. No display of projects, operations, signs, or name plates is visible from outside the dwelling. j. All provisions of the Clearwater fire code shall be complied with. k. The requested use is an occupation regulated by Title VII, Code of Ordinances, and will otherwise comply therewith. Further that the applicant is willing to prepare and file an affidavit agreeing to comply with these and any other conditions of the home occupation that may be established by the board in authorizing same, recognizing the need to renew the requisite occupational license annually or as may otherwise be required, that any departure from the conditions authorizing such special exception shall be grounds for the revocation of the applicable occupational license, and further agreeing to permit reasonable inspection of the premises to which the home occupation applies to ensure compliance with the conditions thereof. Section 3. That Division 27 Supplementary Regulations of Article III District Regulations of Chapter 131, Zoning, of Title XI, Building and Zoning Regulations, of the Code of Ordinances, City of Clearwater, be and the same is hereby supplemented by the enactment of new Section 131.2057 Home Occupations to read as follows: Section 131.2057. Home Occupations Ord -2813=62 -3- 9/16/82 ?•,' ,6'95 ?'t.'ei..t t-.Sgs ; ?y ?'s.1.? .'. ;. (b) No home occupation shall be established or occu ational license issued therefor; nor shall registration or reciprocity • ..??w:?4e'iJ."'i•'Sr?;?r..?-!, ?.vas?til,"? ca'?if?5r,'r!""'?d??. •'?°'?'??''?i??''? ??? .. ... ..1? _ ... .. :>1?.. ya.'ai.??t k'arcc'?v,?C?Fx'i.i?L,S?S?"?F?,?:;`x:?::94,•?i3iL?°.?"K?'?F:Lxt?'.Taii? G granted for licenses Issued in other municipal jurisdictions based upon on adddress or location used for one or all of the fo low g purposes: .-? ?. A duplicafe or multiple business registry in a per The Buildina Inspection Department shall establish an administrative procedure to review and approve, approve with conditions, or deny such requests for home occupation- statuses (2) The administrative procedure for review by the Building Inspection Department shall be according to the following: (0 An application shall be filed with the department on a form prescribed and shall include completion of the affidavit attached thereto; (ii) The application shall be reviewed and a point recommendation made b the Zoning Enforcement Officer and Occupational License Inspector to the Building Director based upon and consistent with the criteria set forth for the establishment of a home occupation in Section 3 .0 h a. through .; {iii) The Building Director shall determine whether the application com lies with the above-referenced criteria for a home occupation, and based upon that determination authorize den or condition issuance of the necessary permit and/or license; (iv {vj An use denied under this process and not sv_ seguently approved by the Board ofAdjustment and Appeal on Zonincit or the Hearing Officer on appeal from the Board, shall not be established or operate as a home occupation. (3? U n authorization b the Buildin Ins ection Department to establish a home occupation, the requisite occupations . tt 3 t t :.SAM .+??'?^F?y?l t.,"i .r ri 4i`?':js•i e t ? \' 1 Ord 2813-82 9/16/82 :a ice= 1 " . i'. a_ ._ '.1F[. Y.!- 1 yr? f + r x.,,w {may .4..+r`?..{l;KKK.'Y;""?'Eb'+?1?'!51''?I,•!µ}?'*1 a': C•i?'?f W ,o"!?°.?'???.ri,!N' •-", ? ., , - ... ? ...? . -t i; 4s4 y??y,f Fl .•Y...,',?j ?fl ?i??+ 3t?i ?[y ??.... f _ .. 1 ? .. ..r. ?? lz. _. .... ... 4? .e..'.i.:.. :i.?E^. ?•?N•Y??=?PS: ?f r +I CiF.a..::.°?aY+?al :Y"i! •• t? d??J3jy.? + 1 y' p f: ' ;?,? sl ;??lp•,rY? . . t': e ?,Y gc?s;7} ty..j1', 1 i . •' Section 4. The City of Clearwater does hereby certify that the measures contained in this ordinance are consistent and In conformance with the City's Comprehensive Plan and individual elements thereof adopted pursuant to the LGCPA and directs that some be forwarded to the LPA for their receipt and appropriate action. Section 5. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the some shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part declared to be invalid. Section 6. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 7. Notice of the proposed enactment of this ordinance has been properly advertised in a newspaper of general circulation In accordance with Section 166.441, Florida Statutes. Section 8. The provisions of this ordinance shall take effect immediately upon its passage. PASSED ON FIRST READING September 2, 1982 PASSED ON SECOND AND FINAL READING AND ADOPTED September 16, 1982 Attest: City Clerk Ord. 29],3--82 .' r d-30 W 9 ommissioner -5- 9/1.6/82 1! • a license may be issued to the home address of the applicant according to the otherwise applicable requirements.