The purpose of this section is to protect and maintain the character of residential neighborhoods while recognizing that particular professional and limited business activities are traditionally and inoffensively carried on in the home.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

The following home occupations shall be permitted in any residential dwelling unit, including mobile homes, provided that the home occupation complies with the lot size, bulk, and parking requirements of the zoning district in which the home occupation is located.

A.

Homebound employment of a physically, mentally, or emotionally handicapped person who is unable to work away from home by reason of his disability;

B.

Office facilities;

C.

Laboratories;

D.

Studios;

E.

Parking commercial vehicles related to home occupation or place of employment;

F.

Other uses when determined by the city manager or designee to be consistent with the intent of this article.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

The following uses/activities are specifically prohibited from being considered to be an authorized home occupation.

A.

Automotive repair or paint shops;

B.

Barber shops and beauty shops;

C.

Dog grooming services;

D.

Food service establishments;

E.

Funeral chapels, funeral homes;

F.

Gift shops;

G.

Massage parlors;

H.

Nursing homes;

I.

Medical or dental laboratories;

J.

Outdoor repair or outdoor storage;

K.

Rental of any equipment or other items;

L.

Restaurants;

M.

Retail involving any person to person retail or wholesale sales transactions on the premises;

N.

Veterinary hospitals and clinics;

O.

Parking commercial vehicles unrelated to home occupation or place of employment or not in compliance with the use limitations of section 6.3;

P.

Similar uses not strictly in compliance with this section and the spirit and intent of the zoning ordinance and the City of Fellsmere comprehensive plan.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

In addition to meeting the requirements of the zoning district in which it is located, every home occupation shall comply with the following restrictions, except for parking commercial vehicles related to a home occupation or place of employment which shall be regulated by section 6.4.

A.

No person other than members of the family residing on the premises shall be engaged in the conduct or support of such occupation.

B.

No stock in trade shall be displayed or sold on the premises.

C.

Only sales incidental to the home occupation shall be permitted.

D.

The home occupation shall be conducted entirely within the principal dwelling unit, and in no event shall such use be visible from any other residential structure or a public way.

E.

The use of the dwelling unit for the home occupation shall be incidental and subordinate to its use for residential purposes, and no more than 25 percent of the building floor area shall be used in the conduct of the home occupation.

F.

There shall be no outdoor storage of equipment or materials used in the home occupation.

G.

No more than one vehicle shall be used in the conduct of the home occupation.

H.

No mechanical, electrical, or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare, or other nuisance outside the residential structure shall be used.

I.

No home occupation shall be permitted that is noxious, offensive or hazardous by reason of vehicular traffic generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation, or other objectionable emissions.

J.

No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street upon a legally permitted driveway.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

Commercial vehicles related to a home occupation or the place of employment of an occupant of a residential unit may be parked on any lot containing a lawfully permitted residential unit subject to the conditions set forth herein.

A.

The commercial vehicle must be used by an occupant of the residential unit on the same lot as the commercial vehicle is parked. No commercial vehicle may be parked on a residential lot that does not contain a primary residential unit.

B.

No more than one commercial vehicle may be parked on a residential lot within a legally permitted driveway containing a legally permitted culvert. Said commercial vehicle does not require any screening.

C.

All additional commercial vehicles must be stored behind a six-foot 100 percent opaque screen surrounding all four sides of the storage area. Said screen may be comprised of a six-foot opaque fence.

D.

No semi trailers shall be parked on a residential lot within the city.

E.

No repair of commercial vehicles is allowed.

F.

Any damages caused to a road, swale, sidewalk, culvert or other city facility shall be repaired at the expense of the residential lot owner plus an administrative overhead charge set by resolution of the city council.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

Any person desiring to establish a home occupation, as authorized herein, shall submit an application for a home occupation permit to the city manager or designee. The application shall be on a form provided by the City of Fellsmere and shall include all information required for a complete application. Notice by first class mail shall be given to all property owners within 300 feet of the subject premises. Failure of a property owner to receive notice shall not affect the decision to approve an application. All such applications shall also be accompanied by a fee, as established by resolution of the city council. Applications shall be approved, approved with conditions, or denied by the city manager, or designee no sooner than 14 days after receipt of proof of notice provided by the applicant. As part of any application, the city may inspect the premises in which the business is to be conducted and shall periodically re-inspect such premises to ensure compliance with the Code.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

The city manager decision on a home occupation application may be appealed within 20 working days of the date the decision is rendered. Any appeal may be made by an applicant or affected party. Any valid appeal must be received in writing by the city manager or designee within 20 working days of the manager's or designee's decision. The appeal shall state what aspect of the decision is being appealed and the reasons for and justification for the appeal with specific reference to the regulations and requirements of this article. The appeal shall be heard by the city council.

(Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)