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HomeMy WebLinkAboutReso 2021-3176RESOLUTION NO.2021- _�> l% * A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, STRONGLY OPPOSING HOUSE BILL 403 AND SENATE BILL 266 WHICH SEEK TO PREEMPT LOCAL GOVERNMENTS FROM REGULATING HOME-BASED BUSINESSES IN RESIDENTIAL DWELLING UNITS AND THOSE AREAS ZONED FOR RESIDENTIAL USE; DIRECTING THE CITY CLERK TO DISTRIBUTE COPIES OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Representative Mike Giallombardo introduced House Bill 403 ("HB 403") and Senator Keith Perry introduced Senate Bill 266 ("SB 266") for consideration during the 2021 Florida Legislative Session seeking to authorize home-based businesses to operate in residential zoning districts irrespective of a local government's zoning restrictions, and allowing specified businesses to challenge local government actions regulating home-based businesses in residential zoning; and WHEREAS, cities currently have common sense restrictions in place that properly balance someone's desire to open their own small business without adversely impacting their neighbors and their community; and WHEREAS, home-based businesses are not the same as residents working remotely from home due to COVID-19 pandemic and should not be treated as such; and WHEREAS, allowing unregulated home-based businesses would change the character and look and feel of the City of the Sunny Isles Beach's (the "City") neighborhoods as well as impact residents' peaceable enjoyment of their home; and WHEREAS, allowing any type of business to open in a home can lead to health and safety issues as well as endangering the welfare of neighboring residents; and WHEREAS, allowing unregulated home-based businesses would mean increased customers, traffic, noise, deliveries, nuisances and health and safety issues impacting the quality of life of neighboring residents; and WHEREAS, the City Commission believes that regulation of home-based businesses and residential zoning districts is essential to protecting the rights of property owners in the City to be free of the deleterious and adverse effects of home-based businesses; and WHEREAS, the City Commission believes that issues of this nature should be determined locally, in accordance with the City's home rule authority; and WHEREAS, the Mayor and City Commission declare their strong opposition to HB 403 and SB 266, and any substitute or similar Senate or House bill which preempts the authority of local municipalities to protect their citizens and preserve the integrity of its communities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 82021 Oppose HB 403 and SB 266 (Home Business) Page 1 of 2 Section 1. Opposition to House Bill 403 and Senate Bill 266. The City Commission hereby expresses its strong opposition to House Bill 403 and Senate Bill 266. Section 2. Directions to the City Clerk. The City Clerk is hereby directed to distribute copies of this Resolution to Representative Mike Giallombardo, Senator Keith Perry, Governor Ron DeSantis, the Speaker of the Florida House of Representatives, the President of the Florida Senate, the Florida League of Cities, and the Miami -Dade League of Cities. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED and ADOPTED on this 18th day of Feb ry 2021. k George H. Scholl, Mayor APPROVED AS TO FORM LEG SUFFICIENCY: 'ic, Q 9-, Edward . Dio , City Attorney Moved by: V1 11` 0� �'� � Seconded by: �Wols4tofvc-g- o Vote: Mayor Scholl (Yes) (No) Vice Mayor Svechin V- (Yes) (No) Commissioner Goldman �- (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra (Yes) (No) 82021 Oppose HB 403 and SB 266 (Home Business) Page 2 of 2 NNY ISZ City of Sunny Isles Beach h � 18070 Collins Avenue Sunny Isles Beach, Florida 33160 tiF H6 City all c r} ' F �O4o os su« 3 Fax (305) 949-3113 MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Alex Lama, Commissioner DATE: 2/18/2021 Opposition to Florida House Bill 403 and Florida Senate RE: Bill 266 Which Seek to Preempt Local Governments from Regulating Home -Based Businesses RECOMMENDATION: This Resolution is presented for your consideration REASONS: Growth management tools such as land use restrictions and regulations or commonly knows as Zoning have been into place for decades. Even though, criticism against zoning regulations or restrictions have increased over the years, still one of the best tools to maintain the quality and character of neighborhoods within the local jurisdictions. These zoning regulations and restrictions reflect the local jurisdiction's desires, therefore, preempting such regulations is a direct opposition of the will of the people. ATTACHMENTS: Description Resolution (Added 2/16/21) Item Number: 10.N.