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Home My WebLink About2022-015-456 - Home Based Business.docxAdded language is underlined. Deleted language is stricken through. 1 Ordinance No. 2022-015-456 ORDINANCE NO. 2022-015-456 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 34 “ZONING AND LAND DEVELOPMENT”, ARTICLE X- ÁCCESSORY USES AND STRUCTURES, SECTION 34-311 ACCESSORY USE TABLE; AMENDING ARTICLE X- ACCESSORY USES AND STRUCTURES, SECTION 34-312 (25) “HOME OCCUPATION OFFICE” OF THE CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens adopted Land Development Regulations (LDRs) in 2010, and WHEREAS, staff has undertaken a review of the LDR’s to determine whether changes need to be made, and WHEREAS, the Florida Legislature presented House Bill- 403 Home Based Businesses- prohibiting the licensing and regulation of home-based businesses by local governments except as provided under Florida Statutes, Section 559.955. WHEREAS, House Bill 403 became effective July 1, 2021, and WHEREAS, City staff recommends that Chapter 34 –“Zoning and Land Development”, Article X Section 34-311 Accessory Use Table and Article X Section 34- 312- Additional Uses and Building Standards, of the Code of Ordinances for the City of Miami Gardens be amended to reflect the statute as outlined in Florida Statutes, Section 559.955, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: DocuSign Envelope ID: C8D95958-53AF-4E5E-9648-80C6F27B6007 Added language is underlined. Deleted language is stricken through. 2 Ordinance No. 2022-015-456 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AMENDMENT: Chapter 34 –“Zoning and Land Development”, Article X- “Accessory Uses and Structures”, Section 34-311- Accessory Use Table of the Code of Ordinances is hereby amended as follows: Sec. 34-311. Accessory use table. Accessory Use Generalized Table by Zoning District Zoning District/Accessory Use and Structures R- 1 R- 2 R- 15, R- 25, R- 50 NC PCD OF BTO I- 1 I- 2 PD AU GP EO Home occupation office based business *25 P P P P P P P P P Section 3. AMENDMENT: Chapter 34 –“Zoning and Land Development”, Article X- “Accessory Uses and Structures”, Section 34-312- Additional Uses and Building Standards Section (25) “HOME OCCUPATION OFFICE” of the Code of Ordinances is hereby amended as follows: Sec. 34-312- Additional Uses and Building Standards ******************************************************************************* (25) Home occupation office based business. A home office based business shall be permitted as an ancillary use to all lawful residential uses subject to the following limitations: DocuSign Envelope ID: C8D95958-53AF-4E5E-9648-80C6F27B6007 Added language is underlined. Deleted language is stricken through. 3 Ordinance No. 2022-015-456 a. The home occupation based business shall be clearly incidental and secondary to the residential use of the building. and shall be confined to no more than ten percent of the total floor area of the dwelling. b .The home office based business shall not be conducted in any accessory building or other structure detached from the residence. However, incidental business uses and activities may be conducted. c. The home office based business use must be conducted by a member of the household residing in the dwelling unit, and no person shall be employed at any time in connection with the home office use who is not a member of the household residing in the dwelling. except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling. d. No sign relating to the home office based business may be posted or displayed on the site and no vehicle with any sign displaying the home office based business use or home office based business residential address, which might serve to indicate that the dwelling unit is being used for a home office based business, may be located on the site. e. No customer, vendor, client or patron shall be served in person on the site, nor shall the home office use be conducted in such a way so as to necessitate the presence of suppliers or patrons on the site; with the exception of deliveries customary to residential use. f. There shall be no display, manufacturing, distribution, or repair of any type of materials, merchandise or other products on the premises. g. All business activities must comply with any state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids. Storage of business related items shall be confined to the home office area. Storage of hazardous or flammable materials is prohibited. Outdoor storage or display of goods is likewise prohibited. h. There shall be no change in the outside residential character of the building or premises to accommodate the business. As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood. The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. i. The business must not emit noise, sounds, smoke, fumes, odors, vibrations or interference that would create a nuisance to abutting properties or the surrounding neighborhood. No public health or safety risks may be created by the home based business. j. Only one home office is permitted at any one time in a dwelling unit. k. Commercial vehicle parking, as defined in section 34-388, used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence and shall be in compliance with section 34-389. Parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. l. An annually renewable business tax receipt (BTR) and certificate of use (CU) shall be required in order to operate a home office based business. m. No variances shall be granted through the provisions of any other applicable regulations, which would conflict with or vary the provisions of this section. DocuSign Envelope ID: C8D95958-53AF-4E5E-9648-80C6F27B6007 Added language is underlined. Deleted language is stricken through. 4 Ordinance No. 2022-015-456 Section 4. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 5. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 7. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED AND ADOPTED ON FIRST READING BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING ON OCTOBER 26, 2022 2022 PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING ON DECEMBER 14, 2022. DocuSign Envelope ID: C8D95958-53AF-4E5E-9648-80C6F27B6007 Added language is underlined. Deleted language is stricken through. 5 Ordinance No. 2022-015-456 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE 14TH DAY OF DECEMBER, 2022. ________________________________ RODNEY HARRIS, MAYOR ATTEST: _________________________________ MARIO BATAILLE, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY Moved by: Councilman Leon Second by: Councilman Stephens VOTE: 7-0 Mayor Rodney Harris Yes Vice Mayor Reggie Leon Yes Councilwoman Shannon Campbell Yes Councilwoman Shannan Ighodaro Yes Councilwoman Linda Julien Yes Councilman Robert Stephens, III Yes Councilwoman Katrina Wilson Yes DocuSign Envelope ID: C8D95958-53AF-4E5E-9648-80C6F27B6007