ORDINANCE NO. 2012-_____

AMENDING CHAPTER 4 OF THE UNIFIED LAND DEVELOPMENT CODE

AN ORDINANCE OF THE CITY OF PALM COAST, FLORIDA, AMENDING CHAPTER 4 OF THE CITY’S UNIFIED LAND DEVELOPMENT CODE RELATING TO COTTAGE FOODSBY ALLOWING THE USE AS A HOME OCCUPATION, SUBJECT TO RESTRICTIONS, PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City’s Unified Land Development Code (ULDC) was adopted by Ordinance 2008-16 by the City Council of the City of Palm Coast on August 19, 2008, with an August 19, 2008 effective date for Chapter 12 and Chapter 14, and an effective date of November 16, 2008 for the remainder, and amended by Ordinance 2009-26, adopted December 15, 2009, and Ordinance 2010-13 adopted October 5, 2010.

WHEREAS, it has been determined that it is warranted to allow cottage food as an exception to the prohibition of food preparation as a home occupation;

WHEREAS,ULDC Chapter 4, Subsection 4.12.03.B .1. which currently prohibits food preparation shall be amended to except cottage foods from the prohibition, when done in accordance with Chapter 508.80, Florida Statutes, and Department of Agriculture and Consumer Services (DACS) requirements; and

WHEREAS, ULDC Chapter 4, Subsection 4.12.05. Inspection and Revocation must also be amended to exempt cottage foods from City of Palm Coast inspections because Chapter 580.80, Florida Statutes, designates the Department of Agriculture and Consumer Services (DACS) as the agency to investigate any complaints regarding cottage foods; and

WHEREAS, within Subsection 4.12 – Home Occupations,words withunderlined typeshall constitute additions to the original text and strike through shall constitute deletions to the original text.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM COAST, FLORIDA, AS FOLLOWS:

SECTION 1. The foregoing whereas clauses are incorporated here as legislative findings by this reference and made a part hereof for all intents and purposes.

SECTION 2. Subsection 4.12.03.B.1.and Subsection 4.12.05.B.1. are hereby amended to read as follows:

4.12.03. B. Prohibited Home Occupations

1. Food preparation, except as allowed in accordance with Section 500.80, Florida Statutes, as may be amended; however, sale of food to purchasers may not take place in the home.

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4.12.05. B. Violations and Revocation

1. The Code Enforcement Board shall determine violations, fines, or penalties for violations of this Code relating to home occupations. Such violations shall be treated as an unpermitted use within the zoning classification. The Code Enforcement Board shall have the authority to revoke development orders for home occupations,except in the case of cottage food producers, as defined in Section 500.80, Florida Statutes. If the Department of Agriculture and Consumer Services inspects and determines a cottage food producer is unlawfully operating, the home occupation development order shall automatically extinguish.

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SECTION 3. SEVERABILITY. If any Section or portion of a Section of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Ordinance.

SECTION 4. CODIFICATION. It is the intention of the City Council of the City of Palm Coast, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Unified Land Development Codeof the City of Palm Coast; that the Sections of this Ordinance may be renumbered or re-lettered to accomplish such intention; and that the word “Ordinance,” or similar words, may be changed to “Section,” “Article,” or other appropriate word.

SECTION 5. CONFLICTS. All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance are hereby repealed.

SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its passage and adoption.

Approved on the FIRST READING this ____ day of ______2012.

Adopted on the second reading after due public notice and public hearingon this ______day of ______2012.

CITY OF PALM COAST, FLORIDA
Jon Netts, Mayor
ATTEST:
Virginia A. Smith, City Clerk

Approved as to form and legality

______

William E. Reischmann, Jr., City Attorney

Ordinance 2012___

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