(A) In a residentially zoned district, a home business tax receipt may be issued when the home is used only as a location for a business telephone, an address for business correspondence, and a storage place for business records in conjunction with a principal residential use. A home business tax receipt does not permit or authorize the following:
(1) Employees, other than members of the immediate family, residing on the premises in the conduct of the home occupation;
(2) Walk-in or drive-in businesses to the residences;
(3) Deliveries of business-related products for sale or distribution to the licensee;
(4) Any off-site advertisement from any street;
(5) Storage of goods;
(6) A home occupation occupying an area greater than twenty-five percent (25%) of the first floor living area of the residence;
(7) Conducting a home occupation in an accessory building; such occupation must be conducted in the main residence of the proprietor.
(8) Storage of commercial vehicles; vehicles or vessels for hire; mobile food vending trucks/trailers.
(B) Application for home occupational license.
(1) Application for a home business tax receipt shall be made in the same manner as provided for in Chapter 110 of this code of ordinances. However, the Growth Management Director, or designee, shall certify compliance with the requirements of this section after review of the following information submitted by the applicant:
(a) Name and address of applicant;
(b) Legal description of property where home occupation is to be conducted;
(c) A sketch showing the floor plan and total first floor living area of the residence;
(d) Area of room or rooms to be utilized in the conduct of the home occupation;
(e) Nature and type of home occupation sought;
(f) A signed, notarized statement completed by the applicant certifying compliance with the requirements of subsection (A).
(C) In a residentially zoned district, a home-based business occupational license may be issued for a business that does not meet all of the criteria identified in subsections (A) and (B) above provided the following criteria are met:
(1) The business shall be conducted within the primary residence, use of accessory structures for operation of the business is prohibited.
(2) The business shall not change the character of the dwelling or reveal from the exterior that the dwelling is being utilized for conduct of a home-based business.
(3) No supplies or equipment shall be used or stored in connection with the business that would create fire or explosion hazards, electrical interference, noise, vibration, glare, fumes or odors detectable to the normal senses on adjacent properties or residential units.
(4) Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.
(5) A business operating under a Cottage Food License is permissible with proof of such license from the governing authority.
(6) A licensed firearms dealer may operate within their home, provided a Federal Firearms Permit is valid and secured prior to the business tax receipt application. No on- site storage of ammunition or items related to ammunition reloading, musket ball or muzzle manufacturing or re-loading may be permitted. Transfer of firearms to private individuals may not occur at the property where the home is located.
(D) Application for home-based business occupational license.
(1) Application for a home-based business tax receipt shall be made in the same manner as provided for in Chapter 110 of this code of ordinances. However, the Growth Management Director, or designee shall certify compliance with the requirements of this section after review of the following information submitted by the applicant:
(a) Name and address of applicant;
(b) Legal description of property where home occupation is to be conducted;
(c) A sketch showing the floor plan and total first floor living area of the residence:
(d) Area of room or rooms to be utilized in the conduct of the home occupation;
(e) Nature and type of home-based business sought;
(f) A signed, notarized statement completed by the applicant certifying compliance with the requirements of subsection (C).
(E) Expiration and revocation of license.
(1) Business tax receipts for home occupations and/or home-based businesses shall expire as provided in Chapter 110, Palm Bay Code of Ordinances.
(2) Business tax receipts for home occupations and/or home-based businesses may be revoked by the Growth Management Director for violation of any criteria established by this section.
(F) Appeals for denial or revocation of license.
(1) Licenses for home occupations and/or home-based businesses that have been denied by the Growth Management Director, or designee for failure to meet the criteria established in this section may file an appeal of an administrative decision pursuant to § 169.009.
(2) Licenses for home occupations and/or home-based businesses that have been revoked by the Growth Management Director for violation of any criteria established by this section may file an appeal of an administrative decision pursuant to § 169.009.
('74 Code, § 25-221) (Ord. 89-08, passed 4-27-89; Am. Ord. 2005-26, passed 6-20-05; Am. Ord. 2010-76, passed 11-4-10; Am. Ord. 2016-17, passed 4-21-16)