The URL can be used to link to this page

Home My WebLink AboutO-12630City of Miami Legislation Ordinance: 12630 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-01179 Final Action Date: 12/9/2004 AN ORDINANCE OF THE MIAMI CITY COMMISSION, RELATING TO HOME OCCUPATIONS BY AMENDING ARTICLE 9, SECTION 906 OF THE ZONING ORDINANCE, IN ORDER TO MODIFY THE REQUIREMENTS CONCERNING HOME OCCUPATIONS IN R-4, COMMERCIAL, AND SPECIAL DISTRICTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting on October 6, 2004, Item No. 4, following an advertised hearing, adopted Resolution No. PAB 113-04 by a vote of seven to one (7-1), RECOMMENDING APPROVAL of amending Zoning Ordinance No. 11000, as hereinafter set forth; and WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance No. 11000 as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said Ordinance as follows: {1} "ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS 906.5. Home occupations. 906.5.1. Home Occupations in Residential Districts. Where home occupations are allowed in Residential Districts, the following limitations and requirements apply: (a) The home occupation shall be conducted by not more than two (2) persons, one (1) of whom shall reside on the premises. (b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to City of Miami Page 1 of 3 File Id: 04-01179 (Version: 1) Printed On: 10/19/2016 File Number: 04-01179 Enactment Number: 12630 its use for residential purposes by its occupants, and the area devoted to the conduct of the home occupation shall not exceed twenty-five (25) percent of the floor area of the residence, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. (c) Home occupation shall be conducted in an accessory building only when it is proven that the accessory building existed prior to the application and it complies with all requirements of the district where it is located. (d) There shall be no change in the outside appearance of the building or premises as a result of the conduct of such home occupation, or any visible evidence thereof except not to exceed one (1) sign, not exceeding one (1) square foot in area, non -illuminated and mounted flat against the wall of the residence. (e) No traffic shall be generated by such home occupation in greater volume than would normally be expected in the neighborhood, and any need for parking generated by such occupation shall be met off the street and other than in a required yard adjacent to a street. (f) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, or odors detectable to the normal senses off the lot, if the home occupation is conducted in a detached dwelling, or outside the dwelling unit if conducted in any other form of dwelling. No equipment or process shall be used which creates visible or audible interference in any radio or television receiver, or causes fluctuations in line voltage, off the premises. (g) No commodity shall be sold and/or delivered upon the premises. (h) Home occupations shall be limited to the following: Architect, artist, broker, consultant, dressmaker, draftsman, engineer, interior decorator, lawyer, manufacturer's agent, notary public, teacher (excluding band instrument, and group instruction), and other similar occupations. Specifically excluded from permitted home occupations are physicians, dentists and medical laboratories. (i) A home occupation shall be subject to all applicable city occupational license and other business taxes. 906.5.2. Home occupations in R-4, Commercial and Special Districts. Home Occupations located within upper level units of high-rise residential or mixed -use structures shall be limited to the requirements and limitations of Sec. 906.5.1; however, within certain zoning districts (as specified below), expanded home occupations may be approved by Class II Special Permit, subject to the following criteria, limitations and requirements: (a) Expanded Home Occupations, as specified in this section, shall be permissible (as limited below) only in R-4 (with SD-20 Overlay only), C-1 (with SD-20.1 Overlay only), C-2, SD-2, SD- 6, SD-7 and SD-8 Districts. (b) Expanded Home Occupations, as specified in this section, shall be limited to residential units located on the ground floor of multifamily or mixed -use structures, which have direct street access, or, for residential units located as liners along parking garages. (c) The home occupation shall be conducted by not more than three (3) persons, one (1) of whom shall reside on the premises. (d) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and the area devoted to the conduct of the home occupation shall be limited to less than fifty (50) percent of the floor area of the residence, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. City of Miami Page 2 of 3 File Id: 04-01179 (Version: 1) Printed On: 10/19/2016 File Number: 04-01179 Enactment Number: 12630 (e) There shall be no change in the outside appearance of the building or premises as a result of the conduct of such home occupation, or any visible evidence thereof except not to exceed one (1) sign, not exceeding five (5) square foot in area, nonilluminated and mounted flat against the wall of the residence. (f) No traffic shall be generated by such home occupation in greater volume than would normally be expected in the neighborhood, and in addition to the required residential parking there shall be one (1) parking space required on -site per employee. (g) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, or odors detectable to the normal senses off the lot, if the home occupation is conducted in a detached dwelling, or outside the dwelling unit if conducted in any other form of dwelling. No equipment or process shall be used which creates visible or audible interference in any radio or television receiver, or causes fluctuations in line voltage, off the premises. (h) No commodity shall be sold and/or delivered upon the premises. (i) Home occupations shall be limited to the following: Architect, artist, broker, computer technician, consultant, designer, dressmaker, draftsman, engineer, interior decorator, lawyer, manufacturer's agent, notary public, teacher (excluding band instrument, and group instruction), telemarketing, and other similar occupations. Specifically excluded from permitted home occupations are physicians, dentists and medical laboratories. (j) A home occupation shall be subject to all applicable city occupational license and other business taxes. *1I Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} Footnotes: {1} Words and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id: 04-01179 (Version: 1) Printed On: 10/19/2016