§ 21-211. Generally.

(a)

A home occupation is: an accessory use in a residential area consisting of an occupation carried on entirely within a dwelling and only by members of the immediate family; where no evidence of the home occupation is noticeable from outside the property lines; where no pedestrian or vehicular traffic in excess of that which is customary in residential areas is generated; and where no commercial vehicles are kept on the property or parked overnight on the property, unless otherwise permitted by this Code. Usual home occupations include, but are not limited to, personal services such as are furnished by a musician, artist, beauty operator, seamstress, notary public; home party sales venue such as makeup, home accessories, clothing, cleaning products and catalogue sales; telephone sales; computer work; piece work; work conducted by a professional such as an architect, attorney, certified public accountant, consultant, financial advisor, insurance broker/salesman, mapper or planner; artists and crafters who produce inventory for sale in commercial shops or settings.

It is not the intent of the City to regulate home businesses, but rather to enforce a set of regulations to protect the character of the residential setting in which home businesses are conducted.

(b)

In residential zoning districts, a home occupation shall be allowed provided it shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character of the neighborhood. Home occupations shall be conducted in accordance with the following minimum standards of performance.

(1)

No equipment or process will be used in the home occupation which creates excessive noise, vibration, glare, noxious odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates a visual or audible interference in any radio or television receiver off the premises, or causes fluctuations in line voltage off the premises. In addition, the use shall not produce any effects which would be detrimental to public health, safety or welfare, nor would it contribute to the lowering of abutting property values.

(2)

There shall be no display of goods visible from outside the property lines; no goods shall be displayed in the yard; and no commodity shall be sold upon the premises.

(3)

A non-illuminated name plate, not exceeding two (2) square feet in area, may be displayed, provided the same is affixed flat against the exterior surface at a position not more than two (2) feet distant from the main entrance to the residence.

(4)

No home occupation shall occupy more than twenty (20) percent of the living area of the residence.

(5)

A home occupation shall be conducted in the principal residence. A home occupation may be conducted in an accessory dwelling unit, such as a garage apartment, provided that the apartment is not occupied as a living unit and no other activity is conducted in the accessory unit.

(6)

No person other than members of the immediate family shall be engaged in any home occupation.

(7)

No motor power other than electric motors shall be used in conjunction with such home occupations. The total horsepower of such motors shall not exceed one (1) horsepower, or one-third ( 1/3 ) horsepower for any single motor.

(8)

Those home occupations herein permitted which generate volumes of traffic greater than would normally be expected in a residential neighborhood are prohibited. However, no dwelling in which a home occupation is housed shall generate in excess of fifteen (15) vehicle trips per twenty-four-hour day.

(c)

If the operation of a home occupation does not comply with the laws of the City of Winter Haven, the code enforcement officer will issue a citation and/or the offending person(s) shall be asked to come before the code enforcement board for a review of activities in the home. Proceedings shall go forward as adopted in the regulations for the code enforcement board, Article VIII, of this chapter.

(d)

This article shall not affect any existing home occupations operating under a valid permit from the City in accordance with existing ordinances.

(Ord. No. O-00-09, Art. 3 (3.10.00), 4-24-00)