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MemorandumDate: July 18, 2000 To: George Worley, Community Development Director From: Maureen King, City Clerk~~~ Subject: NEW ZONING ORDINANCE I have reviewed Section 24-159, Home Occupations, of the proposed ordinance and submit the following comments: Background• Prior to the passage of Ordinance No. 90-89-146 in August 1989, all Home Occupational. Licenses required aUse-by-Exception. This meant an applicant had to appear before the Community Development Board, who made a recommendation to the City Commission. The. application was then advertised for a public hearing and brought before the City Commission for final approval. This process took from six to eight weeks to complete. Most Commission agendas had at least one, and sometimes several, applications for home occupational licenses, and in the interest of freeing up the Commission agendas and providing better service to residents who wished to operate a home based business, the ordinance was amended and a list of business for which home occupational licenses would no# be approved, was established. Conditions for home occupations were developed, and if an applicant could meet the requirements, their application for a home occupational license was approved by staff. In the event the application for a home based business is not approved by staff, the applicant may appeal that decision to the City Commission and apply for aUse-by-Exception. Proposed Ordinance: Section 24-159tc) establishes a list of Professional and Service occupations which would be allowed by exception and it would appear that while many of these businesses could meet the regulations set forth in Section 159th}, others could not. Please consider the. following comments: *~ Beauty salon barber shop This type of business could not comply with Section 159(b)(6} and it is appropriate that if the City Commission wishes to approve a beauty/barber shop as a home occupation, it should require Commission approval so they may set additional conditions, if desired Travel Agents Since clients often want to meet face to face with their travel agents, and the business may therefore, generate some traffic, it may be appropriate that the City Commission approve these applications Business offices of carpenters and minor These people should have no difficulty in contractors (doing remodeling or home complying with the requirements of the repairs, wall papering, floor covering or ordinance since their work is carried out at the the work) location of their clients, and their homes are Repairmen (household appliances) used for office purposes only. I see no Painters reason why their applications should not be Window Cleaners approved at stafflevel Maid or lawn service Cosmetic sales Pet Grooming As long as these people go to their clients and do not have anyone coming to their homes, they should be able to meet the requirements of the ordinance and applications could be approved at staff level State licensed Massage Therapists All massage therapists must be licensed by the State of Florida. If they can comply with the regulations as set forth in Sec. 159(b), and they go to their clients rather than their clients coming to them, I see no reason why their applications should not be approved at staff level Section 159(c)(1) -This section lists "typical occupations that are acceptable as home occupations." Can the businesses listed here be approved at stafflevel? The ordinance does not state who approves the application. Regarding seamstress/tailor and music instructor, - it is customary for clients to come to these businesses, and while the amount of traffic would be light, Sec. 159(b}(6) states "there shall be no ~ pedestrian or vehicular traffic. If this is the case, then these applicants could not comply with this -2- e,, w "/ - section. Perhaps this language should be amended to say something like "there -shall be no more pedestrian or vehicular traffic than would normally be expected in a residential area." ____ _. I offer these comments because the number of home occupations has increased over the years. Because of changes m the law such as Workers' Compensation insurance and .the like, many cantractors do not hire "employees," but prefer instead to hire "sub-contractors." Hence many former employees in the construction industry, such as carpenters, dry-wall hangers, painters, etc., aze now forced to have their own businesses, and a$en are in a hurry for their licenses. The ordinance as currently written, will slow down the process for many applicants and encourage some to operate their businesses without licenses, while others will not be able to work at alt. xc: City Manager