alligatorob
Member
What is the name of your state? Florida
We live in a county that allows home occupation permits. The key part of the code reads:
General regulations. Home occupations may be conducted in all residential districts, under the following provisions: …….. and the provisions are listed.
The procedure to obtain a home occupation permit is that an application must be submitted to the “Building and Zoning Official”, then it is placed on the Planning Commission’s agenda and if passed is put on the County Commission’s agenda. We did this, we did fine in the Planning Commission hearing, they approved the application and it was sent with a recommendation to the County Commissioner for approval. At the County Commission hearing the administrative person from the Planning Commission presented the application and recommended approval. Then they asked us to stand and answer any questions. The Commissioners had not one question and there was not discussion. Then no Commissioner would make a motion for approval and it died for lack of a motion. Here is what the code says about the County Commissioner’s review:
At the hearing, the County Commission shall review the application and recommendation of the planning commission shall review the application and recommendation of the Planning Commission to ensure that it is in compliance with this Code and either deny or authorize issuance of the permit.
We are pretty new at this process, and don’t know much about how it works. My questions are:
We are contemplating hiring an attorney, but I thought I would first ask here, if we are dead in the water we may give up. But if we have some leg to stand on we might fight on.
This is Wakulla County Florida and a link to the full County Code is: http://www.municode.com/resources/gateway.asp?pid=11540&sid=9
The section dealing with home occupation permits is: Sec. 6-10. Home occupation in residential districts.
We live in a county that allows home occupation permits. The key part of the code reads:
General regulations. Home occupations may be conducted in all residential districts, under the following provisions: …….. and the provisions are listed.
The procedure to obtain a home occupation permit is that an application must be submitted to the “Building and Zoning Official”, then it is placed on the Planning Commission’s agenda and if passed is put on the County Commission’s agenda. We did this, we did fine in the Planning Commission hearing, they approved the application and it was sent with a recommendation to the County Commissioner for approval. At the County Commission hearing the administrative person from the Planning Commission presented the application and recommended approval. Then they asked us to stand and answer any questions. The Commissioners had not one question and there was not discussion. Then no Commissioner would make a motion for approval and it died for lack of a motion. Here is what the code says about the County Commissioner’s review:
At the hearing, the County Commission shall review the application and recommendation of the planning commission shall review the application and recommendation of the Planning Commission to ensure that it is in compliance with this Code and either deny or authorize issuance of the permit.
We are pretty new at this process, and don’t know much about how it works. My questions are:
- Does this lack of action by the Commissioners constitute a denial of the application?
- Assuming we did in fact meet all of the provisions in the code is the County obligated to issue the permit?
We are contemplating hiring an attorney, but I thought I would first ask here, if we are dead in the water we may give up. But if we have some leg to stand on we might fight on.
This is Wakulla County Florida and a link to the full County Code is: http://www.municode.com/resources/gateway.asp?pid=11540&sid=9
The section dealing with home occupation permits is: Sec. 6-10. Home occupation in residential districts.
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