8/19/2021 3:20:05 PM
8/19/2021 3:19:51 PM
Agenda Item Number
Development and Zoning
State Filed Date
Home Occupation Preemption
Amending the Code to be consistent with HB 403 which preempts local governments
from regulating certain types of homebased businesses
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ORDINANCE NO. 2021- 010 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, <br />AMENDING SECTION 911.13 (SPECIAL DISTRICTS) OF <br />CHAPTER 911 (ZONING) AND SECTION 912.05 <br />(ALLOWABLE USES: LOCATIONS FOR SINGLE-FAMILY <br />DEVELOPMENT AND USES ALLOWED IN SINGLE- <br />FAMILY AREAS) AND SECTION 912.10 (CONSTRUCTION; <br />BUILDING PERMIT REVIEW, APPROVAL, INSPECTION) <br />OF CHAPTER 912 (SINGLE-FAMILY DEVELOPMENT) <br />AND SECTION 956.16 (REGULATIONS FOR PERMANENT <br />IDENTIFICATION SIGNS REQUIRING PERMITS) OF <br />CHAPTER 956 (SIGN REGULATIONS) OF THE CODE OF <br />INDIAN RIVER COUNTY IN ORDER TO EXEMPT THOSE <br />HOME OCCUPATIONS EXEMPT PER STATE STATUTE; <br />PROVIDING FOR CONFLICT AND SEVERABILITY; <br />PROVIDING FOR CODIFICATION; AND PROVIDING FOR <br />AN EFFECTIVE DATE. <br />WHEREAS, during the 2021 Legislative session, the Florida Legislature enacted <br />HB 403, which preempts local governments from regulating certain types of homebased <br />businesses; and <br />WHEREAS, HB 403 was signed by Governor DeSantis on June 29th and went into <br />effect on July 1st; and ' <br />WHEREAS, the Code of Indian River County needs to be amended, in order to be <br />consistent with HB 403, <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br />Section 1. Enactment Authority. <br />Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest <br />broad home rule powers in counties to enact ordinances, not inconsistent with general or <br />special law, for the purpose of protecting the public health, safety and welfare of the <br />residents of the county. The Indian River County Board of County Commissioners <br />specifically determines that the enactment of this ordinance is necessary to protect the <br />health, safety and welfare of the residents of Indian River County. <br />Section 2. Amendment of Section 911.13 (Special Districts) of Chapter 911 <br />(Zoning). <br />New language indicated by underline, and deleted language indicated by sirikethmugh <br />
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