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Last modified
8/19/2021 3:20:05 PM
Creation date
8/19/2021 3:19:51 PM
Metadata
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Ordinances
Ordinance Number
2020-010
Adopted Date
08/17/2021
Agenda Item Number
10.A.1.
Ordinance Type
Development and Zoning
State Filed Date
08\19\2021
Entity Name
Home Occupation Preemption
Code Number
911, 912
Subject
Amending the Code to be consistent with HB 403 which preempts local governments
from regulating certain types of homebased businesses
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Section 911.13 (Special Districts) of Chapter 911 (Zoning) of the Code of Indian River <br />County, Florida is hereby amended to read as follows: <br />CHAPTER 911 -ZONING <br />Section 911.13.- Special Districts. <br />(3) ROSE -4: Roseland Residential District. <br />(d) Home occupations. <br />1. New home occupation uses. New home occupation uses are allowed <br />subject to the requirements established in Chapter 912, Single -Family <br />Development. <br />2. Existing nonconforming home businesses. Any nonconforming home <br />business existing on January 19, 1988, which is not otherwise exempt per <br />section 912.05 of the Code, shall be considered a vested nonconforming <br />use, provided it meets the following criteria: <br />a. The owner shall submit information on a form acceptable to the <br />county which verifies that the business has existed at its current <br />location since February 24, 1982. Verification of existence shall be <br />through presentation of one of the following or a combination of the <br />following materials: <br />I. Originals or copies of occupational licenses issued by the <br />Indian River County tax collector's office that the business <br />has maintained an active occupational license at its current <br />location since February 24, 1982; <br />II. Business records, including ledgers, invoices, sales <br />receipts, and other evidence showing existence in that <br />location since February 24, 1982; <br />III. Cancelled checks issued by the business at its current <br />location dating back to February 24, 1982; <br />IV. Proof of exemption from local licensing and zoning <br />regulations; <br />V. Evidence that the use has been granted a grandfathered <br />status by Indian River County. <br />
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