Home Occupation

Can I operate a business out of my home?

Yes, a home occupation in a residential district is allowed in accordance with the regulations in Section 33-25.1 of the Miami-Dade County Code. Said regulations described below require the issuance of an annual certificate of use and limit the physical size of the operation based on the overall size of the residential unit -- no more than 25 percent of the living area of the dwelling unit and garage, not to exceed 500 square feet, may be devoted to a home occupation. 

A certificate of use is required.

Criteria to obtain a certificate of use for a home-based occupation

Certificate of Use Requirements

• The Certificate of Use must be renewed annually. At the time of the renewal the home occupation will be subject to inspection to ensure compliance with all applicable code requirements.
• The Certificate of Use must be available in the home.

Permitted and Prohibited Home Occupations

Notwithstanding any other provisions of this code, all uses in any IU, BU, and AU district and the RU-5 and RU-5a are prohibited except for the following:

• Professional offices (excluding medical or dental. Non-physical medical consultation shall be permitted), including consulting, and other business offices (excluding any general business use which normally utilizes vehicular equipment in the normal course of operation, i,e., lawn and pool maintenance, towing service, carpet cleaning, building trades, etc.).
• Music, art, instruction and studio.
• Individual educational instruction.
• Cottage food operations consistent with Section 500.80 of the Florida Statues.
• Hobby crafts (subject to the limitations under tools and machinery).
• Internet business.
• Dressmakers, tailor or seamstress (subject to the limitations under tools and machinery).

General Requirements Relating to Size, Location and Appearance

To apply for the Certificate of Use you must be the property owner, have the permission of the property owner and authority to conduct the home occupation from the home.

• The home occupation can only be carried solely by the occupant or occupants of the home.
• The home occupation is ancillary and secondary to the use of the home for residential purposes.
• Cottage food operation must be consistent with section 500.80 of the Florida Statues are limited to the kitchen area only.
• The total square footage used for the home occupation cannot exceed 25 percent of the living area however, the maximum allowed for home occupation space is 500 square feet of the home.
• All activities associated with the home occupation will occur indoors as well as storage of materials associated with the home occupation.
• The home occupation will not produce sound, vibrations, glare, odors and/or other nuisances that would impact neighbors. Sound and vibrations will not be detectable at a distance greater than a 100 ft. from the home
• The residential character of the home must be maintained and no alterations are required to conduct the home occupation.
• As a condition of the issuance of the Certificate of use an inspection will be performed to verify code compliance.

Parking and Vehicle Traffic

• Parking will be limited to no more than two vehicles at one time. Vehicles will be parked within the driveway or in designated spaces on the property. Where there is no driveway or designated parking area vehicles will only be parked on the street or swale directly in front of the property.
• The maximum total vehicle trips generated by the residence and the home occupation will not exceed 14 trips per day.

Prohibited Activities

• Distribution of goods to and from the property or home is prohibited.
• Merchandise cannot be displayed on the property.
• Repair of materials, merchandise or other products on the property is prohibited.

Tools and Machinery 

• There will be no use of any machinery, tools, or equipment that in scale, size or numbers is beyond what is typically found in a home.
• Electrical or mechanical equipment which would change the fire rating of the home is not allowed

Submittal Procedures

Certificate of Use and Occupational License are required. All home occupations shall be required to obtain an occupational license prior to the start of such use. In addition to any other submittals required for an occupational license, the applicant shall also submit the following:

• Complete an application for a Certificate of Use for Home Occupation.
• Provide a sketch with dimensions showing the floor plan of the home and identifying the area to be utilized for conducting the home occupation.
• Provide a notarized letter of approval for the home occupation from the property owner and/or property manager.
• Pay required application and certificate fees.

(From Miami-Dade County Zoning Code, Section 33-25.1)

The regulations contained herein are general in nature and are subject to change as deemed necessary by the Board of County Commissioners. It is advisable to call the Department of Regulatory and Economic Resources at 786-315-2660 to ascertain whether more restrictive regulations may apply to specific developments.

Miami-Dade County Department of Regulatory and Economic Resources
Zoning Permits Section – 11805 S.W. 26 St., suite 106, Miami – Phone: 786-315-2660

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