| Fri, 7 Jan, 16:41 |  | ||
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Good afternoon Sky,
I was forwarded your email from City Hall. That is great news to hear! As far as home occupations, we previously did not allow photography studio’s to be located in a residential address. However, you are correct about FS 559.955. It supersedes the local municipalities from regulating home occupations the way that they were before.
The way that you have described your business, it’s not an issue to have it located at your home. There is some verbiage in the State statute that discusses parking, but that doesn’t seem like it is an issue from what you have described.
One very useful website to use during your search, is through the County. You can find it here: My Resident Page | Seminole County (seminolecountyfl.gov). It allows you to enter in any address in Seminole County, and it will list the jurisdiction, along with a lot of other useful information.
As far as starting a business in Florida, you will need to use this website: Division of Corporations - Florida Department of State (myflorida.com). Once there, look for “Start a Business” at the top. You’ll hover over that, and several options will drop down. Towards the bottom of it, it lists the different types of business structures. Depending how you want it set up, you’ll click on the appropriate category. From there, you will just follow the prompts and fill out the required information. It’s pretty straight forward once you get it started.
Feel free to reach out if you have any other questions.
Kevin Cyman
Economic Development Coordinator
City of Longwood
174 W. Church Ave.
Longwood, FL 32750
407.263.2337
| Thu, 6 Jan, 15:51 | | ||
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Good Afternoon,
After speaking with our Community Development department it has been confirmed that home photography studios are permitted in the City of Melbourne.
When registering a business in Florida the first thing you would need to do is register the name at Sunbiz.org. Once you have the name an location you will need to obtain a business tax receipt in the city and or county where your business is located. Hope this helps.
Thank You
Sheina Millar
Revenue Officer
City of Melbourne
P: 321-608-7031
F: 321-608-7199
| Mon, 10 Jan, 08:24 | | ||
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Hello, Sky,
The business tax office forwarded your inquiry to me as it involves zoning/land use. A home photography studio would be an allowable home occupation in Altamonte Springs, provided you are in compliance with s. 559.955, F.S. The following specific provisions would be most applicable:
- You must reside in the residence.
- Parking related to the business activities of the home-based business is to comply with local zoning requirements. The standard for residential parking is two off-street parking spaces per dwelling unit.
- 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.
- No signage is permitted.
Payment of City business taxes and possession of a business tax receipt is required.
For your question about what is involved with registering a business in Florida, I recommend that you check out the Florida Division of Corporations website at sunbiz.org.
Good luck with your move.
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| 5 Jan 2022, 14:01 | | ||
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Good afternoon Sky,
I have provided the Home Occupation guidelines from the City of Sanford City Code, Land Development Regulations. I know it’s long, but all applicable to you. A photography studio is allowed as a home based business, however customers are not permitted at the single family residence (or Apartment, Condo, Mobile home). A photographer tax classification is $50.00.
As far as registering a business, I have also attached the guidelines for new businesses in Florida, items 6 & 10 will be most applicable to you. Those items cover business name registration with the State of Florida, Division of Corporations, and the Dept. of Revenue for paying sales tax and getting a certificate of exemption which will all you to make tax free purchases for your business since you will be collecting sales tax from your customers.
Please let me know if you have additional questions.
Thank you.
JoAnn M. Johnson
Information & Licensing Coordinator
Building Division
City of Sanford
300 N. Park Avenue
Sanford, FL 32771-1244
| 7 Jan 2022, 08:20 | | ||
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Attached is Brevard County Code; however, there is a preemption in Florida Statutes as you mentioned in earlier email.
Sec. 62-1155. Zoning approval for business tax receipt; approval of home occupations.
(a) Zoning approval for business tax receipt. Whenever any person, firm or corporation -requests a zoning verification from the zoning division in order to obtain a business tax receipt, the zoning official is authorized to require adequate proof of ownership of the property in question. The information required is that deemed necessary by the zoning official to ensure that the proposed business will operate from the location given by the applicant. Such documentation may include copies of the deed to the property, a letter from the owner of record consenting to the applicant's proposed business on the owner's property, and copies of lease agreements, contracts or other pertinent data. Any person falsifying documents or providing false information for the purpose of obtaining zoning approval for a business tax receipt shall be subject to prosecution and a fine not to exceed $500.00 or imprisonment in the county jail for a period not to exceed 60 days, or both such fine and imprisonment.
(b) Approval of home occupations.
(1) For purposes of this section, a home occupation is defined as any occupation where work is performed in the home in connection with which there is no commodity sold upon the premises, no more than one person employed other than a member of the immediate family residing upon the premises, and no mechanical equipment used except such as is normal in a residence or might be used incidental to hobbies (such as small drills, sanders, etc.). A nonilluminated window or wall sign of one square foot or less may be permitted. Such home occupations are permitted in all of the residential zoning classifications. The principal use and appearance of the structure shall continue to be that of a residence.
No home occupation shall produce traffic, noise, smoke, dust, odors, vibration, heat, glare, fumes, electrical interference or other nuisance, in amounts detectable to normal sensory perception, beyond that which is common to a residential area. No toxic or combustible materials shall be stored on site. All work activities and all storage of products, equipment or materials shall be conducted entirely from inside an interior space.
Home occupations include architects, accountants, dental lab technicians, engineers, real estate brokers, real estate appraisers, interior decorators, fishing guides, computer generated work such as graphics, programming, desktop publishing and typesetting; domiciliary activities, insurance claim adjusters and other professional services, sales promotions and demonstrations of personal items that are identified with single-family uses, cottage industries as defined below, and other similar occupations as determined by the zoning official, providing that in no way to be construed as wholesale or warehousing.
Occupations such as doctors, chiropractors, massage therapists, home care nurses, psychologists, psychiatrists, therapists and veterinarians are permitted only if no patients are treated in the home. Such occupations shall make house calls only. Lawn care services are permitted as home occupations provided all equipment is stored in an enclosed structure. Landscaping, bail bondsmans, distributorships, contractors and the building trades shall not be considered home occupations.
"Cottage industries" are defined as small scale or hobby manufacturing, assembly or production of handmade goods or products, on a scale accessory to and compatible with residential use, using machinery or equipment commonly found in the home or in a residential garage.
The zoning official may require a public hearing before the planning and zoning board or a favorable written petition from all property owners within 500 feet of the lot or parcel when in doubt of interpretation of the definition set out in this subsection with respect to any proposed occupation. Any home occupation that generates traffic through visitation in volumes that would require an off-street parking area for more than two motor vehicles is prohibited.
(2) A home occupation permit may be issued administratively or after public hearings as specified in subsection (b)(1). The public hearings shall require an application fee on the part of the applicant. The amount of such fee shall be set by resolution of the board of county commissioners.
Each license will be reviewed and renewed annually at the same time that business tax receipts are renewed. The grant or renewal of a license shall not be deemed to vest or otherwise entitle the licensee to continue a home occupation or cottage industry that is not in compliance with subsection (b)(1). In the event this section is repealed or amended, home occupations or cottage industries shall not be deemed to have vested status.
The application requirements shall be those specified in section 62-1151 for amendments to the official zoning map together with a description of the home occupation requested. The public hearing requirements shall be those specified in section 62-1151 for amendments to the official zoning map, except that the planning and zoning board shall make the final determination as to permissibility of the home occupation and no hearing shall be required before the board of county commissioners.
At the public hearing, the planning and zoning board may impose reasonable conditions to protect the surrounding community from adverse effects of the home occupation.
(3) Home occupations performed on parcels of land consisting of five acres or more may have one or more of the criteria waived by the zoning official, except that there shall be no waiver granted to the requirement that no more than one person be employed other than a member of the immediate family residing upon the premises.
(4) In all residential zoning classifications, where an existing single-family residential structure in excess of 8,000 square feet is located, such structure may be utilized for one or more of the following activities as a profit-making venture under this section, after a public hearing: civic fundraising events, private parties/dances, weddings, political fundraising events, civic and fraternal organizations functions or meetings. A public hearing shall be required as set forth in subsection (b)(1) of this section. The application for such public hearing shall include a list and description of all activities requested, and a site plan indicating the structure and the grounds, showing provision for parking areas commensurate with the activities specified.
(5) If at any time it is determined that the character of the home occupation has changed such that it is no longer within the scope and intent as originally approved, is not incidental to the primary use of the home as a residence, or is no longer compatible with the character of the neighborhood, as evidenced by code enforcement determination, the terms of the zoning use permit shall be deemed violated and the business tax receipt may be revoked administratively and deemed void. Upon such an occurrence, renewal of the zoning use permit is possible only by planning and zoning board action.
This office can only provide zoning and comprehensive plan information. You may wish to contact other County agencies to fully determine the development potential of this property. This letter does not establish a right to develop or redevelop the property and does not constitute a waiver to any other applicable land development regulations. At the time of development, this property will be subject to all such regulations. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.
George C. Ritchie, Planner III, Zoning Office
Brevard County Planning & Development Department
2725 Judge Fran Jamieson Way Bldg. A-114
Viera, Fl 32940
Phone # (321-350-8272)
Polk County Response
| Wed, 5 Jan, 12:00 | | ||
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Mrs. Simone:
An in-home photography studio can comply with Polk County and the State of Florida’s regulations regarding home-based businesses (aka Home Occupations).
These are the requirements of Section 206.E of the Polk County Land Development Code:
Home occupations may be permitted as an accessory use to an existing dwelling unit in all residential districts subject to Section 559.955, Florida Statutes, as may be amended, the applicable district regulations, and the requirements listed to follow.
1. A maximum of two employees or independent contractors who do not permanently reside on the premises may work onsite in the operation of a home occupation.
2. The principal dwelling unit on the property shall be the bona fide residence of the home occupation practitioner. The home occupation shall be clearly incidental and secondary to the property's use for residential purposes.
3. Traffic generated by the proposed use must not negatively impact the safety, ambiance, and characteristics of the residential neighborhood. There shall be a minimum of two improved (concrete or pavement) off-street parking spaces available for residents of the dwelling exclusive of an attached or detached garage. Additional parking for employees, patrons, or vehicles associated with the Home Occupation shall be located on the property, improved (concrete or pavement), and a minimum of five feet from rights-of-way or neighboring property lines.
4. No display of merchandise or outside storage of equipment or materials shall be permitted.
5. No alterations shall be made to the external appearance of any principal or accessory structures or of the property which changes the character of the site from residential to non‑residential.
6. No equipment or process used in the home occupation shall create noise, vibration, glare, fumes, electromagnetic interference, odors, or air pollution outside the building other than the type and quantity customarily associated with a home or hobby.
7. Signage shall be in accordance with Section 760.G.
9. No storage of hazardous materials, other than substances of a type and quantity customarily associated with a home or hobby, shall be permitted.
10. All home occupation practitioners shall obtain an occupational license.
There is no public hearing, administrative review, or special approval required of your business if you can comply with these requirements. Depending on your location, you may need to add additional parking space(s) for your clients to ensure there is no parking in the public rights-of-way. Our rules do not supersede housing covenants or deed restrictions. So, you should review those before leasing or purchasing a home.
An occupational license (occupational tax certificate) can be obtained from the Polk County Tax Collectors Office. Their website can be reached by this link: Home - Polk County Tax Collector (polktaxes.com)
If you have any questions regarding Land Development Code or home based businesses in Polk County you can contact me via email or call me at (863) 534-6470.
Erik E. Peterson
Erik Peterson, AICP
