City of Lake Helen New Business Guide

Transcription

1 City of Lake Helen New Business Guide Any application that is submitted without the proper approvals and/or proper state licensure may be returned to the applicant. Please complete a Business Tax application and review the following checklist: 1. If your business is regulated by a state agency, you must acquire the appropriate state license before a Business Tax Receipt can be issued. 2. Proof of Fictitious Name Registration or a written statement of exemption from Fictitious Name Registration is required per FS Fictitious Name Registration information can be found at 3. The City of Lake Helen homes and businesses rely on septic systems. Approval from the Volusia County Health Department of a business existing septic system for the type of business that will be occupying a commercial building or part of a commercial building is required. The Volusia County Health Department is located at 121 Rich Avenue, Deland, All commercial buildings are subject to inspection by the Volusia County Fire Services and the Lake Helen Building Official. 5. All commercial business applications are reviewed by the City Administrator for zoning and related issues. 6. Applicants for a Residential Business Tax Receipt must complete the Residential Home Occupation Permit Application to determine if the home occupation will require review by the Planning and Land Development Regulation Commission. 7. Applicants for a Residential Business Tax Receipt must submit a complete and notarized Residential Home Occupation Affidavit stating they have read and understand the provisions of Ordinance relating to home occupations. 8. Applicants for a Residential Business Tax Receipt who are renting at the address of the proposed home occupation will be required to obtain a notarized statement from the legal property owner that states he/she is cognizant of the proposed business to be conducted at that address. 9. Upon approval of your Lake Helen Business Tax application, you are required to obtain a Business Tax Receipt from Volusia County Business Tax Department, 123 W. Indiana Avenue, DeLand. Residential Business Tax Application Page 1 of 8 05/01/09

2 TAX RECEIPT NO: BUSINESS CODE: FEE AMOUNT: CITY OF LAKE HELEN RESIDENTIAL BUSINESS TAX The Lake Helen Business Tax office will send you a renewal notice for your business/occupation, however, the owner of this business/home occupation is responsible for renewal of the annual Business Tax on or before September 30 th of each year. A valid, current copy of any required licensing for your business/occupation must be presented at the time of renewal. The owner of this business is also responsible for notifying the Lake Helen Business Tax Department of any change in address or change in business (such as number of employees, type of business, occupied square footage, etc.). Name of Business Physical Address of Business Check One: Property Owner Property Renter (must have notarized written approval from owner) Mailing Address (If different from physical) Business Phone Fax Business Owner s Name Owner s Phone Mailing Address (If different from Business Address) Description of Business State Certification or Registration Number (if required) Social Security OR Federal ID Number By signing this application, I certify that the information contained herein is true and correct to the best of my knowledge and belief. If any portion is found to be false or misrepresented, such fact may be just cause for immediate revocation of any receipt issued to me. It is further understood that this tax is for the privilege of engaging in the business, profession, or occupation shown and only at the address shown herein and that I will comply with all codes of the City of Lake Helen. Failure to correct conditions on the premises that are in violation of City codes or to notify the business tax office of any changes will result in revocation of said business tax receipt. APPLICANT NAME (PRINT) APPLICANT SIGNATURE DATE ********************************************************************************************* FOR CITY USE ONLY ZONING CLASSIFICATION NEW BUSINESS RENEWAL IS BUSINESS SPECIFICALLY DELINEATED IN THE CODE FOR THIS CLASSIFICATION? [ ] YES NO [ ] PERMIT APPROVAL REQUIRED [ ] VARIANCE REQUIRED CERTIFICATE OF OCCUPANCY REQUIRED? [ ] YES [ ] NO IF YES: DATE OF CO HEALTH DEPT. SEPTIC APPROVAL REQUIRED? [ ] YES [ ] NO [IF YES, ATTACH COPY OF APPROVAL] ADMINISTRATION APPROVAL SIGNATURE: DATE; Residential Business Tax Application Page 2 of 8 05/01/09

3 TAX RECEIPT REFERENCE NO. CITY OF LAKE HELEN FICTITIOUS NAME AFFIDAVIT TO OBTAIN YOUR BUSINESS TAX RECEIPT WITH THE CITY OF LAKE HELEN, PER STATE STATUTE , ALL BUSINESSES MUST FILE FOR A FICTITIOUS NAME, OR PER STATUTE, BE EXEMPT. PLEASE ENCLOSE A COPY OF FICTITIOUS NAME CERTIFICATE FROM THE STATE OF FLORIDA. IF EXEMPT, PLEASE SIGN AT BOTTOM AND RETURN. FICTITIOUS NAME REGISTRATION EXEMPTION AFFIDAVIT I hereby attest that I am not required to register my business with the Secretary of State of Florida under the Fictitious Name Act for one of the following: Doing business under my full legal name. (Example: John Doe Co.; John Doe, Owner) Business is incorporated and registered with the Secretary of State and not using a D/B/A. (Business name must include one of the following in the name of the business: INC.; CO.; LLC.; or ENTERPRISE in order to be exempt). Business name is a registered trademark. Exempt due to being licensed by DBPR or the Department of Health. Federally chartered Bank. Other Signature of Business Owner Print Name Date A fictitious name can be registered on-line, or by completing and mailing the fictitious name registration application form prescribed by the Division of Corporation. Changes to, or cancellation of existing fictitious names must be submitted via regular mail. Forms may be obtained at Internet address: For information regarding the Fictitious Name Act, contact the Division of Corporations, Fictitious Name Registration, P.O. Box 1300, Tallahassee, FL Telephone (850) Internet address: org Residential Business Tax Application Page 3 of 8 05/01/09

4 CITY OF LAKE HELEN RESIDENTIAL HOME OCCUPATION PERMIT APPLICATION TAX RECEIPT REFERENCE NO: BUSINESS CODE: The uses of residential property for a home occupation shall be provided for by means of a permit approval in accordance with Lake Helen Ordinance No , Section D Home Occupations, adopted by the Lake Helen City Commission on January 18, In order for a review of your proposed home occupation to be performed, please provide the following detailed information regarding your proposed home occupation business: 1. Home Occupation Business Applicant s Name 2. Proposed Business Home Occupation Physical Address Business Phone 3. Home Occupation Business Applicant s Mailing Address (If different from physical Address) Contact Phone 4. Check One: Property Owner Property Tenant* *(If you are not the property owner, please attach a notarized statement, from the legal owner, stating the owner is aware of, and has no objection to your proposed home occupation being conducted on the above property.) 5. Name of proposed Home Occupation Business (Attach a copy of registration for Fictitious Name from the Department of State, if applicable.) 6. Parcel Number Residential Zoning 7. Description of proposed Home Occupation Business 8. Location of proposed Home Occupation on property: Within primary residence Within an accessory structure 9. Please Attach Survey/Plot Plan Showing: (a) Location and size of the building in which the Home Occupation will be conducted. (b) (c) Location and square footage of proposed Home Occupation area. Location and size of parking area for Home Occupation employee and clients. 10. Number of family members, to be employed in the Home Occupation, who reside at the location of the Home Occupation 11. Any non-family members to be employed in the Home Occupation? YES NO Note: (Only one (1) non-family member, or family member not residing on the premises, may be employed in the home occupation). Residential Business Tax Application Page 4 of 8 05/01/09

5 12. Estimated number of client(s) visits per day 13. Estimated number of Home Occupation related pick-up of deliveries per day Note: (Only one (1) client is permitted to be at the site of the home occupation at a time.) 14. Type of Vehicles(s) used for pick-up and/or delivery 15. Home Occupation days and hours of operation 16. Does the Home Occupation require use of special equipment? YES* NO *If yes; indicate types of required equipment 17. Indicate any possible impact your Home Occupation may have on the surrounding neighborhood. ** The City reserves the right to require that additional information be provided that will assist in the determination as to whether the proposed home occupation will be approved, approved with modifications, or denied. Procedural Requirements: Lake Helen Ordinance No , Section , Home Occupations: D4. Within three (3) days of the submission of an application for a home occupation permit that will require review by the Planning and Land Development Regulation Commission, the applicant shall: (a) notify, by certified mail, all property owners within 300 feet of the property that a Home Occupation Permit Application has been filed and provide a copy of such notification to the PLDRC; and (b) place a Home Occupation Permit Application notification sign on the property. The notification letter and sign shall provide the following information: (a) the date that the application has been filed; (b) the type of home occupation applied for; the date that the PLDRC will review the application; (c) the date that the City Commission is expected to review the PLDRC s recommendation and take final action on the application; and, (d) a reference to the section of the City Code that describes the City s process for appeals. It shall be the burden of the applicant for a home occupation permit to clearly and convincingly prove that the application meets the standards and requirements set forth in Subsection C. above. The applicant shall pay any and all costs and application fees associated with processing and reviewing the application, as established by the City. F. Appeal of any final action taken by the City Administrator or City Commission shall be conducted in accordance with the provisions of Section of the Code of Ordinances of the City of Lake Helen. Applicant Name (Print) Applicant Signature Date *** By signing the home occupation permit application, the applicant grants the City the right to inspect the property during the permit application review process and at other such times, after the granting of the home occupation permit, and at such times as may be necessary to determine that the permittee is in full compliance with the provisions of the home occupation ordinance (Ordinance ) and the terms of the permit. Receipt by City for review and processing costs: Sum Date By Residential Business Tax Application Page 5 of 8 05/01/09

6 THIS SECTION FOR CITY OF LAKE HELEN ADMINISTRATIVE USE: Notes: Check applicable Home Occupation Use: D1. Proposed home occupations that have neither outside employees, nor clients visiting the premises of the home occupation, shall be reviewed and final action taken by the City Administrator. In taking final action, the City Administrator shall be empowered to approve, approve with conditions, or deny the home occupation application. Administration Approved Administration Approved with modifications Administration Denied Modifications: Administrator Signature Date D2. Proposed home occupations that will employ an outside employee, that will have clients visiting the premises of the home occupation, or that will be conducted in an area that is not part of the main living area of the residence, shall be reviewed by the Planning and Land Development Regulation Commission, with final action on the application to be taken by the City Commission upon review of the PLDRC s recommendation. In taking final action, the City Commission shall be empowered to approve, approve with conditions, or deny the home application. Planning & Land Development Regulation Commission Meeting Date City Commission Approved City Commission Approved with modifications City Commission Denied Conditions: Commission Meeting Date: D3. Proposed home occupations that the City Administrator determines to be unique, unusual or not commonly accepted as home occupations shall be reviewed by the Planning and Land Development Regulation Commission, with final action on the application to be taken by the City Commission upon review of the PLDRC s recommendation. In taking final action, the City Commission shall be empowered to approve, approve with conditions, or deny the home occupation application. Planning & Land Development Regulation Commission Meeting Date: Conditions: Commission Meeting Date: Residential Business Tax Application Page 6 of 8 05/01/09

7 TAX RECEIPT REFERENCE NO: CITY OF LAKE HELEN RESIDENTIAL HOME OCCUPATION AFFIDAVIT I,, am applying for a business tax receipt from the City of Lake Helen, Florida. I hereby agree to the following conditions. (Reference: Lake Helen Ordinance No ) Home Occupations C. A home occupation permitted in accordance with the provisions of this Ordinance is subject to the following conditions, at a minimum: 1. The home occupation shall not be conducted in an area that exceeds one-third (1/3) of the heated and cooled area of the residential dwelling unit. 2. The home occupation must be clearly incidental to the residential use of the property which must be that of a single family residential use. 3. The home occupation business may employ members of the family unit residing on the property. 4. The home occupation business may employ one (1) employee who is not a member of the family unit residing on the property. 5. If a home occupation is a retail or wholesale products production or assemblage business, no article or commodity may be offered for sale or publicly displayed on the premises. However, off-premises sales of such retail and wholesale products are allowed, so long as said sales are in compliance with the City of Lake Helen Code of Ordinances. If a home occupation is a service provision business, no article or commodity may be offered for sale or publicly displayed on the premises except those incidental to the service offered. 6. Outside display of materials relating to the home occupation is prohibited. 7. Outside storage of materials relating to the home occupation is prohibited. 8. One (1) motor vehicle associated with the home occupation may be housed or resident on the property which vehicle may have a maximum of two (2) axles and shall not be a motor vehicle that is generally utilized to make deliveries. 9. The home occupation may serve only one (1) client or customer at any one (1) time. 10. Off street parking for the home occupation may be used or permitted, but shall consist of no more than one (1) client/customer parking space and not more than one (1) non-family member employee parking space; provide, however that none of said parking spaces may be located in the front yard of the premises. 11. Signage for the home occupation shall not be permitted. Signage on motor vehicles shall not be considered signage limited under the provisions of this Ordinance. 12. The appearance of the structure within which the home occupation is conducted shall not be altered in any respect so as to cause the structure to appear is any way disparate or distinct from a residential structure. 13. It is unlawful for the activities conducted in pursuit of a home occupation to disturb the peace, quiet and tranquility of the residences located in the area of the structure at which the home occupation is being pursued and it is unlawful for the activities conducted in pursuit of the home occupation to detract from the residential character of the neighborhood in which the residential structure is located. 14. It is unlawful for the activities conducted in pursuit of a home occupation to create dust, vibration, smell, odors, smoke, glare, electrical interference, fire hazard, or any other nuisance or activity that is not generally conducted in a residential structure. 15. It is unlawful for the activities conducted in pursuit of a home occupation to generate traffic that exceeds the number or intensity of trips that would normally occur in a residential area in which a business activity did not exist. 16. If the property on which a home occupation is proposed to be conducted is rented, notarized written approval to conduct said occupation shall be obtained from the owner of the property. Residential Business Tax Application Page 7 of 8 05/01/09

8 17. Authority to conduct a home occupation shall not be transferable: (a) to another person at the same location; (b) to a different structure at the same location; (c) to any use other than the use for which the home occupation use has been granted a permit to be conducted on the property; or (d) from one location to another through the sale, lease, or rental of the property or in any other manner. Any reported violations of the terms of this affidavit will be reported to the Code Enforcement Officer for investigation and action as necessary. If the Special Master for Code Enforcement holds a hearing, and there is adjudged to be a violation of this agreement, sanctions, including withdrawal of Home Occupation Permit, may be imposed. The street address for this home occupation is: Signature Date State of Florida ) ss: County of Volusia ) The foregoing instrument was acknowledged before me this day of, 20 by, who is personally known to me or who has produced as identification. Notary Public Signature Residential Business Tax Application Page 8 of 8 05/01/09