ORDINANCE NO

ORDINANCE NO. 894 - 2003

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI SPRINGS AMENDING CODE OF ORDINANCE SECTION 150.002(44), DEFINITIONS - HOME OCCUPATION; BY REDEFINING A HOME/BUSINESS OCCUPATION; ESTABLISHING AND ENACTING CODE OF ORDINANCE SECTION 150.046, HOME/BUSINESS OCCUPATIONAL USE; PROVIDING PURPOSE AND INTENT; REQUIRING LICENSURE; PROVIDING FOR APPLICATION, PAYMENT AND APPROVAL; ESTABLISHING USE REGULATIONS, RESTRICTIONS, AND LIMITATIONS; AUTHORIZING INSPECTION; PROVIDING VIOLATION AND PENALTY PROVISIONS; ESTABLISHING A LICENSE FEE; DIRECTIONS TO CODIFIERS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; EFFECTIVE DATE.

WHEREAS, there has been much previous discussion regarding the establishment of legislation for the licensing of a "home occupation" use as defined in Chapter No. 150 of the Code of Ordinances; and,

WHEREAS, the City Code Review Board has made recommendations to the City Council to amend the definition of "home occupation" in the code and to create a code section establishing such a use; and,

WHEREAS, the City Council has reviewed the recommendations of the Code Review Board and conducted further discussions and staff investigations of the establishment of a "home occupation" use in the city; and,

WHEREAS, it was apparent that such uses already exist within the city and are operating without a license, the payment of any fee to the city, and without any controlling rules or regulations; and,

WHEREAS, staff investigation has shown that similar uses are designated and licensed in other municipalities as a means of controlling the conduct of business generated from such uses; and,

WHEREAS, the City Council of the City of Miami Springs has determined that the licensing of "home occupation" uses would be in the best interests of the city and its citizens by providing a method of controlling such uses in the city:

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI SPRINGS:

Section 1: That Code of Ordinance Section 150.002, Definitions, is hereby amended as follows:

~~(44)~~ Home Occupation. Any occupation within a dwelling carried on by a member of a family residing on the premises, provided that no person not a resident of the premises is employed, no stock in trade is kept or commodities sold, no mechanical equipment is used except that which is normally used for family, domestic, or household purposes, and there is no exterior indication, other than a sign permitted by the district regulations, that the building is being used for any purposes other than a dwelling. (See signs).

(44) Home/Business Occupation. Home/Business Occupation shall mean any business use conducted entirely within a dwelling and carried on by only persons residing in the dwelling unit, which is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof and in connection with which there is no display or stock in trade. The home/business occupation shall involve computer, phone and mail use only and shall not involve the use of any accessory building or yard space or activity outside of the main building not normally associated with residential use (See Code of Ordinance Section 150-046 for the use regulations established for this use).

Section 2: That Code of Ordinance Section 150-046, Home/Business Occupational Use, is hereby established and enacted as follows:

Section 150-046. Home/Business Occupational Use.

(A) Purpose and Intent. It is the purpose and intent of this section to license and permit the usage of residential properties in the city for limited business purposes, as defined in Code of Ordinance Section 150.002(44), in accordance with the specific regulations, restrictions and limitations set forth herein.

(B) License Required. Each home/business occupational use shall be required to secure an occupational license from the city prior to the institution of any proposed business use in any residential district of the city.

(C) Application, Payment and Approval. Any person who is desirous of securing a home/business occupational license from the city shall be required to complete an application provided by the city building department, pay the appropriate fee established for said license and secure the approval of the city for the issuance of the required license.

(D) Use Regulations, Restrictions and Limitations. All home/business occupational uses, as defined in Code Section 150-002(44), shall be required to conform and comply with the following regulations, restrictions and limitations.

(1) No business signs or other business displays may be maintained at the licensed premises.

(2) The licensed premises shall not be used for warehousing or storage of merchandise, goods or products.

(3) There shall be no deliveries of any merchandise, goods or products to the licensed premises, except for normal and customary deliveries received at residential properties in the neighborhood from companies such as Federal Express, United Postal Service, overnight express mail or other similar carriers.

(4) All services related to the home/business occupation shall be conducted from within the licensed residential dwelling unit and any outdoor usage for storage, display, or the performance of any business related activity is strictly prohibited.

(5) The operation of the home/business use shall not create any type of neighborhood nuisance condition, including, but not limited to, improper parking, excessive noise, or any vehicular traffic that interferes or disrupts the normal usage of the streets in adjacent neighborhoods.

(E) Authorization for Inspection. As a specific condition of the granting of a home/business occupational license, the licensee acknowledges and agrees that the city may conduct semi-annual inspections of the licensed premises to verify that the premises are being used in conformity with the provisions of this ordinance.

(F) Violation and Penalty. Any violation of the provisions of this ordinance by the licensee shall permit the city to invoke and utilize all remedial and penalty license provisions, including, but not limited to, suspension, revocation and refusal to re-issue, contained in the Code of Ordinances for the control and enforcement of the continued use and issuance of occupational licenses in the city.

(G) License Fee. The annual fee for each home/business occupational license shall be determined by the type of business being operated and the fee established by the schedule set forth for the corresponding business category contained in Code of Ordinance Section 113.04. The City reserves the right to change the amount of the annual home/business occupational license fee by ordinance amendment, resolution, or by the inclusion, by appropriate ordinance, of additional home/business occupational license categories in Code of Ordinance Section 113.04.

Section 3: That the city codifiers are hereby directed to codify this ordinance in accordance with their normal and customary procedures.

Section 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed insofar as they are in conflict.

Section 5: That this ordinance shall take effect in the manner provided by law.

PASSED AND ADOPTED by the City Council of the City of Miami Springs, Florida this 10^th day of March, 2003.

The motion to adopt the foregoing ordinance was offered on second reading by Councilwoman Gannon, seconded by Councilman Caudle,

and on roll call the following vote ensued:

Vice Mayor Youngs “absent”

Councilman Caudle “aye”

Councilwoman Fulton “aye”

Councilwoman Gannon “aye”

Mayor Wheeler “aye”

_________________

Richard L. Wheeler

Mayor

ATTEST:

___________________________

Magalí Valls, CMC

City Clerk

APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

Jan K. Seiden, Esquire

City Attorney

1st reading: 02/24/2003

2nd reading: 03/10/2003

Words ~~-stricken through-~~ shall be deleted. Underscored words constitute the amendment proposed. Words remaining are now in effect and remain unchanged.