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 Flagler Beach
 Code of Ordinances
 Chapter 18. TAXATION
 Article II. BUSINESS TAX

  § 18-21. Home businesses.  

Latest version.

  • Low-impact home businesses, which are limited so they do not negatively impact the residential areas where they are located, will be allowed in all residential zoning areas. Home businesses must at all times conform to the requirements herein expressed.

    (1)

    The applicant must demonstrate to the city clear evidence that the proposed or existing nonconforming home business will not:

    a.

    Disturb the peace, quiet and domestic tranquility of the residential neighborhood;

    b.

    Create excessive odor, noise, parking or traffic above that of the residential neighborhood;

    c.

    Create a fire hazard or nuisance;

    d.

    Use or generate toxic or hazardous materials or waste.

    (2)

    Home businesses are also subject to all of the following criteria and regulations:

    a.

    No more than three (3) home business tax receipts will be issued to a single dwelling unit.

    b.

    Permitted home businesses shall not include the employment of more than one (1) additional person, for each receipt issued.

    c.

    No stock in trade shall be openly displayed or maintained on the premises and no sales on the premises shall occur.

    d.

    A home business shall produce no noise, or obnoxious odors, vibration, glare, fumes or electrical interference detectable to normal sensory perception, and shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes.

    e.

    No traffic or parking shall be generated by such home business in greater volumes than would normally be expected in a residential neighborhood, and only one (1) commercial vehicle no larger than one (1) ton may be kept at the dwelling unit where it is to be parked in the driveway or to the side or rear of the dwelling. No additional driveways, paved areas or entrances to home may be constructed.

    f.

    There shall be no exterior indication of the home business, except that one (1) non-flashing sign mounted flat against the building or non-flashing window sign having an area of not more than two (2) square feet shall be permitted on each street front of the lot on which the building is situated.

    g.

    No mechanical equipment shall be used or stored on the premises in connection with the home business except that which is normally used for purely domestic or household purposes.

    h.

    Home business receipts will be issued to rental properties provided a notarized statement has been submitted by the property owner acknowledging his/her approval of their property being utilized for commercial activity.

    i.

    Any structural changes to the home must be for residential uses only.

    j.

    Home businesses are permitted entirely within the home or within an enclosed building or other structure accessory to the home. Accessory buildings may be used for storage only if such use does not cause additional vehicle parking in driveway. Such accessory buildings must meet the setback requirements and other applicable provisions of the land development regulations.

    (3)

    Home businesses shall be subject to all applicable city, county, state business licenses and other business taxes, rules and regulations in effect or that may later be adopted.

    (4)

    Any home business that is listed in section 18-18 shall pay residential water and sewer rates; however, beauty and barber shops shall be required to pay commercial rates. All home businesses shall pay trash fees as outlined in the Code of Ordinances.

    (5)

    Applications for home business approvals shall be filed on a form provided by the city. Permits for home businesses may be granted by the city manager or designee if the business is listed in section 18-18 under "Home Businesses" and if the home business satisfies all of the criteria set forth in subsection (2) above. If the city manager or designee denies a home business permit, (s)he shall state in writing the specific criteria(s) set forth in subsection (2) which are not met by the applicant. The applicant may appeal, de novo, the denial to city commission by filing a notice of such appeal with the city within seven (7) days of the date of the written denial. The appeal shall be set on the city commission's earliest available meeting agenda.

    (6)

    Home businesses not listed in section 18-18 but which satisfy the criteria in section (2) above shall require approval by the city commission.

(Ord. No. 2007-02, § 1(Exh. A), 1-25-07; Ord. No. 2007-06, § 2, 3-8-07; Ord. No. 2011-11, § 1, 7-14-11)