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HomeMy WebLinkAbout1988-0311/18/87 pnot3 LR -Planning DN/vh AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 15. ROSE -4: ROSELAND RESIDENTIAL DISTRICT OF .APPENDIX A OF THE CODE OF LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, PROVIDING FOR AN EFFECTIVE DATE OF REPEAL OF SECTION 15 (B) (4) HOME OCCUPATIONS, AND ESTABLISHING CRITERIA AND TIME LIMIT UNDER WHICH QUALIFIED EXISTING HOME OCCUPATIONS MAY. BECOME OFFICIALLY RECOGNIZED VESTED NONCONFORMING USES; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: Section 15 (b) (4) as reprinted below is hereby repealed in its entirety. (4) Home Occupations. In addition to those home occupation specified in Section 25(d), the following home occupation shall be permitted after receiving site plan approval and meeting the conditions specified below: a. Metal Working and casting; b. Contractor's office and storage,of contractor's materials, tools and equipment;; c. Lawn mower and small engine sales, service and repair; d. Service businesses (provided there shall be no more than one sign advertising the same not in excess o'f four (4) square -feet in size. e. Criteria for home occupation uses. All home occupations shall be established based on the following criteria: 1. The activity is conducted only by members of the family living within the residence, 2. Products are not offered for sale to the general public and from the premises except as herein otherwise provided; 3. Any evidence of the occupation is screened from the street by type A screening; 4. Traffic is not generated in excess of that customary for residential uses; 5. The property has been qualified for (and continues to be qualified) for homestead exemption for ad valorem tax purposes, and 6. All home occupation activities must meet yard setback requirements. QPOTTnM Section 15 (b) (4) is hereby recreated as follows: Section 15 ROSE -4: Roseland Residential District (b) Permitted uses. (4) Home occupations. a. New Home Occupation Uses New home occupation uses are allowed subject to the standards of Section 25(d) of the Zoning Code. CODING: Words in 4t)409 flV1A type are deletions from existing law. Words underlined are additions. ORDINANCE NO. 88- b. Existing Non -Conforming Home Businesses Any nonconforming home business existi at the effective date of thisordinance shall be considered a vested nonconform- ing use, provided it meets the following criteria: 1. The owner shall submit information on a form acceptable to the County which verifies that the business has existed at its current location since February 24, 1982. Verification of existence shall be through presentation of one of the following or a combination of the following materials: i. Originals or copies of occupational licenses issued by the Indian River County Tax Collectors Office or through certification by the _Tax Collectors Office that the business has maintained an active occupational license at its current location since February 24, 1982; lie Business records, ie, ledgers, invoices, sales receipts, etc...; showing existence in that location since February 24, 1982. iii. Cancelled checks issued by the business at its current location dating back to .February 24, 1982. IV* Proof of exemption from local licensing and zoning regulations, v. Evidence that the use has been granted a grandfathered status by a governing body of Indian River Countv. Once all information has been submitted, the Community Development Department staff shall notify the applicant if additional information is required. Based on the information provided, the staff shall either approve or deny the grandfather request. Any individual denied grandfathering status by the staff may appeal the decision. All appeals shall be submitted in writing to the Director of Community Development within 15 days of the denial. Appeals of this section shall be heard by the Planning and Zoning Commission. CODING: Words int¢gf4¢i type are deletions from existing law. Words underlined are additions. a 2 ORDINANCE NO. 88- 2. Verification of existence for businesses which qualify under this ordinance must be received by the Indian River County Community Development Department within forty-five (45) days of the effective _date of this ordinance. All qualified businesses presenting verification shall be issued an Indian River County Certificate of Zoning Approval demonstrating compliance with this ordinance. Any qualified business which fails to comply with this ordinance shall be deemed an illegal use and be subject to all penalties under the Codes of Indian River County. 3. All businesses qualifying with and complying with this ordinance shall continue operating under and be subject to the guidelines of Section 25 (J) nonconformities, and all other applicable codes and laws of Indian River County. All previous ordinances, resolutions, or motions of the Board of County Commissioners or Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. CODING: Words in OtttOg t4t34 type are deletions from existing law. Words underlined are additions. A il ORDINANCE NO. 88-3 The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. If any Section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. n `MM.T nAT C The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 19th day of January , 1988. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA..';, f or BY: �! C DON Co SCU ATTEST BY:� F Acknowledgment by the Department of State of the State�olv lo17 this 4th day of February 1988. Effective Date: Acknowledgment from the Department of "State received on this 8th day of February 1988 at t:.., 11:00 A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. ORDINANCE NO. 88- 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY. WILLIAM G. COLLINS, ASSISTANT COUNTY ATTORNEY APPROVED AS TO PLANNING AND DEVELOPMENT MATTERS* GARY M. SCHINDLER, CHIEF, LONG-RANGE PLANNING Home Occ. Ord. pnot3