Lake Mary City Zoning Code
HOME-BASED BUSINESSES
§ 154.80 DEFINITION.
For the purpose of this subchapter the following definition shall apply unless the context clearly indicates or requires a different meaning.
“HOME-BASED BUSINESS.” A business that operates, in whole or in part, from a residential property and meets the criteria in F.S. § 559.955 and this code.
(Ord. 391, passed 9-15-88; Am. Ord. 1647, passed 10-7-21)
§ 154.81 CONDITIONS, LIMITATIONS, AND RESTRICTIONS.
A permitted home-based business shall meet the following criteria.
(A) The employees of the business who work at the residential dwelling must also reside in the residential 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.
(B) Parking related to the business activities of the home-based business complies with city zoning requirements in the residential zoning category, and the need for 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. The use of vehicles or trailers operated or parked at the business or on a street right-of-way are regulated as provided in §§ 70.27
and 154.18
. Vehicles and trailers 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. The parking or storage of heavy equipment at the business that is visible from the street or neighboring property is regulated as provided in §§ 70.27
and 154.18
, For purposes of this division, the term "HEAVY EQUIPMENT" means commercial, industrial or agricultural vehicles, equipment or machinery, including those defined as "PROHIBITED VEHICLES" in § 154.09
.
(C) 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.
(D) The activities of the home-based business are secondary to the property’s use as a residential dwelling.
(E) The business activities comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes or noxious odors. Any local regulations on a business with respect to noise, vibration, heat smoke, dust, glare, fumes or noxious odors may not be more stringent than those that apply to a residence where no business is conducted.
(F) All business activities comply with any relevant local, state and federal regulations with respect to the use, storage or disposal of any corrosive, combustible or other hazardous or flammable materials or liquids. Any local regulations on a business with respect to the use, storage or disposal of any corrosive, combustible or other hazardous or flammable materials or liquids may not be more stringent than those that apply to a residence where no business is conducted.
(G) The home-based business may be identified by one sign, not exceeding one square foot in area. Any such sign may not be illuminated.
(Ord. 391, passed 9-15-88; Am. Ord. 1647, passed 10-7-21)
§ 154.82 BUSINESS TAX RECEIPT REQUIRED.
All home-based businesses shall be required to obtain a business tax receipt prior to the start of such use. In addition to any other submittals required for a business tax receipt, the applicant shall submit the following:
(A) Location of dwelling where the home-based business will be conducted;
(B) Total floor area of the dwelling unit;
(C) Area of room or rooms to be utilized in conduct of the home-based business;
(D) The exact nature of the home-based business.
(Ord. 391, passed 9-15-88; Am. Ord. 1647, passed 10-7-21)
§ 154.83 EXPIRATION; NONTRANSFERABILITY.
(A) Expiration of business tax receipt. Each business tax receipt issued for a home-based business shall expire on September 30 of each year. Each business tax receipt must be renewed by October 1 of each year by application to the City Clerk.
(B) Nontransferability. The authority to conduct a home-based business shall be personal to the business tax receipt holder and shall not be transferred to any other person through the sale, lease, rental, or other conveyance of the property where the home-based business is located. A home-based business can only be conducted at the premises for which the business tax receipt is issued.
(Ord. 391, passed 9-15-88; Am. Ord. 1647, passed 10-7-21)