Exh 3BAGENDA ITEM #3B
JULY 28, 2003
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Lawn Care Home Occupational Licensing Violations
SUBMITTED BY: Alexander J. Sherrer, Code Enforcement Officer
DATE: July 28, 2003
BACKGROUND: On July 14, 2003, Commissioner Paul B. Parsons brought to the attention of
the City Commission a complaint concerning violations of a Home
Occupatonal Lawn Caze Businesses.
Code Enforcement has since investigated this matter. Not only has the
residence in question been inspected on several occasions, but inspections
were conducted on a11251icensed Home Occupational Lawn Care Businesses
in Atlanfic Beach.
The ensuing inspections revealed no violations, of the 25 Lawn Caze
Businesses; only 4 businesses had trailers visible from the street, and at no
lime was there an abnormal amount of traffic or congestion in the streets or
City Right of Ways. Historically only 4 Lawn Caze Businesses have been
issued Notices of Violation over the last 4 yeazs, the last Violation
Nofificafion being issued in January 2003.
It is the Code Enforcement Officer's opinion that the complaint concerning
the alleged violation is an isolated case, and that these occasional
indiscretions do not warrant imposing additional restrictions on those who are
legally license to conduct business from their home.
BUDGET: N/A
RECOMMENDATION: .None, City Ordinance, Chapter 24, Sec. 24-159, Home Occupations
meets the requirements necessary to be properly enforced and
imposes enough restrictions to eliminate prohibitive activities in
residential districts.
ATTACHMENTS: City Ordinance~Chapter/24, Sea 24- ,Home Occupations
REVIEWED. BY CITY MANAGER: G/ f/
AGENDA ITEM #3B
JULY 28, 2003
Sec. 24-159. Home occupations.
(a) Intent. Certain home occupations may be approved through the use-by-exception
procedure in order to address the desire of people to conduct limited small-scale home
occupations within a personal residence. A home occupation shall not change the
residential character or exterior appearance of a property, shall not increase traffic in
residential neighborhoods and shall not create any adverse impacts to the surrounding
residential neighborhood.
(b) Home occupations shall be approved in accordance with section 24-63. The following
provisions regulations shall also apply to all activities approved as a home occupations:
(1) The address of the home occupation shall not appear in the telephone book, on
letterhead, checks or any type of advertising.
(2) No one other than immediate family members residing on the premises shall be
involved in the home occupation. There shall be a limit of one (1) occupational
license per person, and no more than two (2) licenses per household. Home
occupations shall be nontransferable.
(3) All business activities conducted on the licensed premises shall be conducted.
entirely within the dwelling. There shall be no outside. storage or outside use of
equipment or materials.
(4) No more than one (1) room of the dwelling shall be used to conduct the home
occupation, provided the area of that rdom does not exceed twenty-five (25)
percent of the total living area of the dwelling.
(5) No external sign or evidence that the dwelling is being used for any purpose
other than a residence shallbe allowed.
(6) There shall be no unusual pedestrian or vehicular traffic, noise, vibration, glare,
fumes, odors or electrical interference as a result of the home occupation.
Evidence of such shall result in revocation of the home occupation approval
(7) The city commission may attach additional provisions and conditions, as
appropriate, to the approval of any home occupation. _
(c) The following are typical activities that may be acceptable as home occupations:
recognized professional services with characteristics that exceed the definition of a
home office, such as accountant, attorney, bookkeeper,. insurance agent, consultant,
real estate agent, secretarial services, architect; and artist, auctioneer, seamstress or
tailor, .music instructor, photographer, piano tuner, telephone answering service, hobby
and crafts not involving equipment, and licensed massage therapist with no treatment
of clients on premises. (Activities meeting the definition of a home office shall not
require approval as ause-by-exception.)
(d) The following occupations and activities shall be prohibited as home occupations:
(1) Escort or introduction services;
(2) .Welding or any type of metal fabrication;
AGENDA ITEM #3B
JULY 28, 2003
(e)
(fl
(3)
Repair, maintenance or detailing of automobiles, boats, motorcycles, trailers or
vehicles of any kind;
Cabinet or furniture making;
Upholstery or canvas work;
Fortune tellers, psychics and similar activities;
Beauty shops or barbers;
Antique or gift shops;
Tow truck service;
(10) Grooming qr boarding of animals;
(4)
(5)
(6)
(~)
($)
(9)
(11) Any other activity as determined by the city commission to be inappropriate as a
home occupation.
Home occupations shall not be permitted in areas that are restricted by deed when
such documents are recorded in the public records of Duval County and on file with the
city clerk of the City of Atlantic Beach.
All other business activities, not specifically approved as a home occupations, shall be
restricted to the commercial zoning districts..