PLANNING AND ZONING ISSUES
Thinking about starting a business in the City of DeBary?
What you need to know…
- All businesses and home occupations in the City of DeBary require a Business Tax Receipt.
- BTR'S must be renewed annually prior to October 1st of each year.
- Both a City and a Volusia County Business Tax Receipt are required.
- Proposed Business types must comply with the City’s zoning regulations. Please call 386-668-2040 x 300 to verify zoning.
- All proposed signs require a separate building permit. Signs shall comply with Article II Chapter 5 Sign Regulations of the City of DeBary Land Development Code.
- Fire and building inspections are required for approval of a BTR with the exception of home occupations. A fire inspection fee is based on building square footage and will be charged annually in conjunction with your business tax receipt renewal.
- Independent Operators are required to submit a separate BTR application.
Who Needs a Business Tax Receipt (BTR)?
Anyone operating a business within the City of DeBary will be required to have a Business Tax Receipt (formerly occupational license) in addition to any County or State licenses. Fees are determined by the type of business or profession, and must be renewed annually, prior to October 1st. Any new business tax receipt issued after April 1st will be issued at one-half of the regular annual fee amount. Business tax receipts not renewed by October 1, of each year become delinquent and are subject to a late penalty.
The City’s Zoning regulations specify what types and where businesses are permitted.
Any person who utilizes a residence to conduct a home business, profession or occupation must also obtain a business tax receipt.
Do I still need A Volusia County BTR?
Yes. A City of DeBary Business Tax Receipt is required before Volusia County will issue their Business Tax Receipt. You may renew your Volusia County BTR. Click HERE.
How to Obtain a Business Tax Receipt
Contact the City of DeBary Office Assistant at 386-668-2040 x 325 or the Planning Administrator at 386-668-2040 x 317 for general requirements and to obtain an application form. You may also download the application form and fee schedule from the City’s Website.
Application Requirements Include:
- Federal Employer Identification Number (FIN)
- Proof of current Fictitious Name Registration
- Professions regulated by the Department of Business and Professional Regulation must have an active State License
- A copy of your lease or owner authorization, if renting.
- Copy of Articles of Incorporation, if applicable
BUILDING DEPARTMENT ISSUES
Almost all types of construction to either your home or business require building permits. For example, fences, windows, doors, driveways, wells (electrical) and new air conditioners or air conditioner change outs require permits. You may contact the City of DeBary Building Department at 386-668-2040 x 320 prior to the start of any work to find out what is needed to obtain proper permits.
You are also required to obtain a sign permit from the City’s Building Department for any sign installed on your property including “face” or copy changes. A separate application and fee are required for a sign permit. Signs such as “snipe” signs, banners and A-frame signs are prohibited signs in the City of DeBary. Banner signs are permitted (with a permit) on a temporary basis for promotional or special events such as grand openings. No on-premises signs identifying a home occupation are permitted in conjunction with a Class A home occupation.
Q: When is a building permit required?
A: This is a difficult question to answer because there are certain statutory requirements that must be met using the Florida Building Code. In most cases, Building Permits are required for most projects including, but not limited to, new structures, additions, and replacement components such as windows, doors and mechanical, electrical or plumbing equipment. Building permits would not be required for items that are being repaired such as a broken fence rail, light fixture, ceiling fan or for painting your residence or for the replacement or addition of any type of flooring. It is important to remember that you may make necessary emergency repairs to your residence or business in the event of
damage, such as a tree limb falling through your roof, as long as you obtain a building permit as soon as practical after the event. If in doubt, please call!!! (386) 668-2040 ext 320.
Q: I occupy the house I own and would like to do a major remodel project. Can I obtain the permit as an owner builder?
A: Yes, but you will be required to sign an affidavit indicating that you occupy the house and that you will not offer the property for sale or lease for at least twelve (12) months.
Q: I own a rental property and would like to do a major remodel project. Can I obtain the permit as an owner builder?
A: No. A licensed contractor would be required to pull the permit and do the work.
Q: What is the difference if I obtain a permit myself or have a contractor obtain a permit for work on my house?
A: A very simplified answer is “liability.” Should you decide to apply for a building permit and complete the work yourself, you will be responsible to ensure that all work meets the minimum standards of the Florida Building Code. If you decide to hire a licensed contractor to conduct the work, he or she would be required to meet the minimum standards of the Florida Building Code (FBC). In addition, most contractors provide some type of warranty on the work conducted and you would have recourse with the Construction Industry licensing Board (CILB) or the Department of Business and Professional Regulation (DBPR) should the contractor fail to complete the work, or it does not meet the standards of the FBC.
Q: What do I do with the permit and associated documents after I pick them up at the Building Department?
A: Post them on the job site where they are clearly visible and accessible for the building inspector to use during the inspection process. We suggest that you place the documents in a clear plastic (freezer) zip lock bag if they are to be posted outside!
Q: If I fail an inspection, what do I do?
A: If an inspection fails for work that does not lead to a Certificate of Completion or Certificate of Occupancy it will be necessary to pay the applicable re-inspection fee before the next inspection will be scheduled. This would apply to all inspections except new construction/additions where the re-inspection fees would be paid prior to release of the C of C or CO.
Q: Do I need a permit to do minor roof repair?
A: Minor repairs, such as replacing a few shingles or repairing small sections of fascia, do not require a permit. In the event that you experience an emergency, such as a fallen tree limb damaging your roof, please make the necessary emergency repairs and apply for a building permit the following business day.
Q: Do I need a permit to remove a dead tree?
A: You may not need a permit, but please contact the Building Department so that an inspection can be conducted. The Building Department can be reached at (386) 668-2040 ext 320.
Q: Do I need a permit to replace my driveway slab?
A: Yes. You also will need to provide a current property survey showing the location of the existing/proposed driveway. The driveway will be required to have either a 6” x 6” welded wire or fiber mesh in the cement, a thickened edge at the street of at least 6” and the soil treated for termites where the slab comes within two (2) feet of the foundation of a structure.
Q: Do I need a permit to pour a patio slab?
A: Yes. You also will need to provide a current property survey showing the location of the proposed patio slab with dimensions and property setbacks. The slab will be required to have either a 6” x 6” welded wire or fiber mesh in the cement and the soil treated for termites where the slab comes within two (2) feet of the foundation of a structure.
Q: Who do I need to contact if I have a complaint about my contractor?
A: The Department of Business and Professional Regulation. Go to www.myflorida.com and click on File a Complaint.
Q: How long is my permit good for?
A: The permit will expire after six (6) months if no inspections pass.
Q: Do I need a permit to replace my old water heater?
A: Yes. A permit is required to ensure that the equipment and installation procedures are in compliance with the Florida Building Code and any other applicable City requirements.
Q: Do I need a drip pan under my water heater?
A: The requirement for a drip pan will depend on where in the house the water heater is located. If it is inside the living space of the house or in a non-living space, such as the garage, but at the same floor level as the living space, a drip pan is required. If the water heater is in a non- living space, such as the garage, and the floor it is resting on is below the finished floor of the living space, a drip pan is recommended but not required.
Q: Do I need to provide any protection for a water heater in the garage?
A: Water heaters installed in the garage are subject to vehicle damage and protection devices must be utilized, if required by manufacture specifications.
Q: Does the water heater require an expansion tank?
A: An expansion tank is required on the supply line coming into the tank to reduce the tank stress which will shorten the tank’s useful life. An alternative to the expansion tank is an approved pressure relief valve assembly. These devices are required on closed systems, which is public water. Expansion tanks or expansion valves are not required on wells.
DOORS & WINDOW
Q: Do I need a permit to replace a garage door, exterior door or windows?
A: Yes. A permit is required to verify that the manufacturer’s installation procedures are followed and are in compliance with the Florida Building Code. Interior door replacement does not require a permit.
Q: What documentation does the Building Division need with my permit application for a door or window replacement?
A: The manufacturer’s installation instructions and the Florida product approval for each item that will be installed.
Q: Why are the installation and design drawings required for door and window permit applications?
A: Not all doors or windows meet the wind rating requirements for this area. Providing the design drawings will allow the plan reviewer to verify that the door/window planned for installation will meet the minimum design requirements. The installation instructions allow the inspector to verify that the door/window was properly installed and will meet the wind rating specified by the manufacturer.
Q: I need to have my doors and windows inspected. Does the inspector need to gain access to the inside to conduct the inspection?
A: Yes. The inspector will need to verify the hardware securing the door hinges and strike plates to the door framing. For most windows it is only possible to verify the fastener type and location by operating the window and viewing from the inside.
Q: Do I need a permit to install a fence?
A: Yes. A permit is required to verify that the fence meets the zoning requirements, including height restrictions and any setback requirements.
Q: What documentation does the building department need with my permit application for a fence installation?
A: A recent survey from a licensed surveyor that shows the property boundaries, property setbacks, easements, locations of structures, etc. The survey should be no more than five (5) years old and have the surveyors raised seal and signature. The location and height of the fence should be marked on the survey.
Q: Why do I need a survey to get a fence permit?
A: The survey will provide exact property boundary locations to insure that the fence will be located on the correct property. It will also provide information regarding easements, rights-of-way, etc., that will ensure that no utility easements or rights of access are obstructed, which would result in the fence being removed at a future date.
Q: If a fence is mounted on posts which side of the fence will the posts be on?
A: The posts are positioned on the side of the fence facing the property of address on the permit.
Q: I want to put a fence around my entire property. Are there any height restrictions?
A: Yes. Fences behind the front plane of the house can be up to six (6) feet tall and those running in front of the plane of the house can be no more than four (4) feet tall. Corner lots may be further limited, as the side of the house facing the secondary street may require the fence to be no more than four (4) feet tall or have a greater setback from the property line. It is suggested that the details for the specific address be discussed with the City Building Department.
Q: I want to remodel the inside of my house. What work can be done without a permit?
A: No permit is required to paint or apply other wall treatments to the interior of a house, change the flooring or to perform other cosmetic work. Work that involves specialty trades such as electricians, plumbers, or air conditioning contractors will usually require a permit. Also any work that involves structural changes such as removing or moving walls will require a permit. When in doubt, please contact the Building Division for clarification.
Q: Do I need a permit to install window blinds?
Q: Do I need a permit to add extra insulation to my attic?
A: No, but you may wish to have a specialist do the work for you. Contact your electric provider to see if they offer any rebates for making your home energy efficient.
AIR CONDITIONING SYSTEMS
Q: I need to have my new Air Conditioning System inspected. Does the inspector need to gain access to the inside to conduct the inspection?
A: Yes. The inspector will need to verify some or all of the following:
- Circuit breakers in the panel are labeled and sized to match the air handler and air conditioner requirements.
- Verify that the air handler configuration and circuit breaker size are properly indicated on the unit.
- Verify the location and required clearances for an approved disconnecting device.
- Verify that the primary and secondary overflow drains are in place and operational.
- Equipment and ducting is properly installed secured and sealed.
- In addition the exterior unit mounting and drainage will be checked.
Q: What is required to secure the exterior air conditioning unit to its base?
A: The unit must be secured to the mounting base with fasteners as described in the Florida Building Code. The number of fasteners will be dictated by the size of the unit. Most units are greater than 36 inches wide/long and typically require three (3) Tapcon (concrete screw) fasteners per side. Gun nails are not considered as acceptable alternative fasteners.
Q: How far from the foundation does the air conditioning condensate drain line have to be?
A: The drain line must extend a minimum of 12” away from the foundation to prevent excess moisture from accumulating at the foundation.
Q: When it comes time to replace my condensing unit, are there any additional requirements?
A: Possibly. If your current condensing unit does not have a disconnect or service receptacle you will be required to add this electrical equipment at the time your condensing unit is repIaced. You may also be required to move the location of the condensing unit to meet the working space requirements around this equipment.
PLANNING AND ZONING ISSUES
Q: What do I need to do to open/operate a business in the City of DeBary?
A: All businesses and home occupations in the City of DeBary require a Business Tax Receipt (formerly occupational license) in addition to any County or State licenses. Contact the City of DeBary Office Assistant at 386-668-2040 x 325, or the Planning Administrator at 386-668-2040 x 317, email@example.com for general requirements and to obtain an application form. You may also download the application form and fee schedule from the City’s Website. (LINK)
Q: How do I obtain the zoning classification for my property?
Q: What are the building setbacks and other dimensional requirements for my property?
A: Zoning defines permitted uses of land and characteristics such as building height and setbacks. Zoning requirements including setbacks, building height and lot coverage are determined by a property’s particular zoning designation. Contact the City of DeBary Planning Administrator at 386-668-2040 x 317 to obtain setbacks and other zoning requirements for your property. You may also view the City’s Zoning Regulations.
Q: How do I obtain the Future Land Use Designation of my property?
A: Future land use designations show land use types and densities that the city has determined to be the most desirable for a particular area. Future land use is meant to guide future development and re-development. Contact the City of DeBary Planning Administrator at 386-668-2040 x 317, firstname.lastname@example.org to obtain the future land use designation of your property or you may view the City’s Future Land Use map.
Q: When is a site plan required?
A: A final site plan development order is required for site construction of any non-residential development in the City. Contact the City of DeBary Planning Administrator at 386-668-2040 x 317, email@example.com for general requirements and to obtain an application form.
Q: How do I split my lots?
A: Only parcels that are made up of combined legally platted lots may be subdivided back into their original lot configuration provided that each parcel meets the zoning standards of the property’s zoning classification without the necessity of a variance. Please contact City of DeBary Planning Administrator at 386-668-2040 x 317, firstname.lastname@example.org for additional information and application requirements.
Q: How do I combine my lots for tax purposes and/or to make a unified building site?
A: Lot combination requests are processed through the Volusia County Property Appraiser (386-775-5257 Orange City Office); however a “No Objection” letter is required from the City of DeBary. Please contact the City of DeBary Planning Administrator at 386-668-2040 x 317, email@example.com for additional information and to request a letter of “No
Q: Where to call to report a CODE VIOLATION?
A: Call Annette Hatch, Neighborhood Improvement Officer at (386) 668-2040 Ext. 316 or email firstname.lastname@example.org. You may also contact the Office Assistant, Colleen Bordine at 386-668-2040 Ext. 325.
Q: Where can I park my recreational vehicle/ trailer?
A: All Recreational Vehicles (i.e. boats, campers, jet skis) are to be parked behind the front most part of your home*. This includes utility / work trailers.
* The front most part of your home is defined by the closest wall of your home to the street, including corner lots.
Q: How high can my grass grow before it is code violation?
A: The code states that your property shall be maintained and that the grass and nuisance weeds shall not exceed 10 inches in height.
Q: Are commercial vehicles allowed in residential areas?
A: Any commercial type vehicle that exceeds 10,500 pounds gross vehicle weight is not allowed to be parked in residential areas.
Q: How many yard sale/garage sales am I allowed to have each year?
A: No more than two yard sales and/or garage sales are allowed during any calendar year. Yard/garage sale signs of two square feet in area or less, which are located on the property upon which a sale is being conducted and only on the days for which the yard sale is taking place are permitted.
Q: Can I have an untagged and/or inoperable vehicle parked on my property?
A: No, all vehicles on your property are required to be currently tagged and be “road ready.” “Road ready” means that the vehicle(s) are able to be legally operated. The current tag is to be properly placed on the correct vehicle.