HomeMy WebLinkAboutDocumentation_Regular_Tab 09_1/13/2022Agenda Item #9.
Regular Council
a
STAFF MEMO
Meeting: Regular Council -Jan 13 2022
Staff Contact: Keith Davis, Village Attorney Department: Legal
TITLE
ORDINANCE NO. 17-21, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE'S CODE OF ORDINANCES
AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 7. HOME
OCCUPATIONS. TO REVISE APPLICABLE HOME OCCUPATION REGULATIONS IN
ACCORDANCE WITH RECENT CHANGES IN STATE LAW; ALSO AMENDING CHAPTER 78.
ARTICLE IX. SECTION 78-294. NUISANCES. TO PROVIDE STANDARDS FOR ALL USES IN ANY
ZONING DISTRICT; FURTHER AMENDING CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. AT
ARTICLE III. DIVISION 2. SECTION 46-71. DEFINITIONS. TO AMEND THE DEFINITION OF
"COMMERCIAL VEHICLES" TO INCLUDE HEAVY EQUIPMENT AND MACHINERY; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. AND
CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. SHALL REMAIN IN FULL FORCE AND EFFECT
AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE
AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
The proposed ordinance updates Village Code regulating home based businesses in conformance with
changes made to state law in 2021.
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
Adopt on First Reading.
ATTACHMENTS: m
Home -Based Businesses 10-25-21 Update
Page 130 of 488
Agenda Item #9.
ORDINANCE NO. 17-21
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE'S CODE OF
ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL
REGULATIONS. DIVISION 7. HOME OCCUPATIONS. TO REVISE
APPLICABLE HOME OCCUPATION REGULATIONS IN ACCORDANCE
WITH RECENT CHANGES IN STATE LAW; ALSO AMENDING CHAPTER 78.
ARTICLE IX. SECTION 78-294. NUISANCES. TO PROVIDE STANDARDS FOR
ALL USES IN ANY ZONING DISTRICT; FURTHER AMENDING CHAPTER
46. MOTOR VEHICLES AND TRAFFIC. AT ARTICLE III. DIVISION 2.
SECTION 46-71. DEFINITIONS. TO AMEND THE DEFINITION OF
"COMMERCIAL VEHICLES" TO INCLUDE HEAVY EQUIPMENT AND
MACHINERY; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUBSECTION OF CHAPTER 78. ZONING. AND CHAPTER 46. MOTOR
VEHICLES AND TRAFFIC. SHALL REMAIN IN FULL FORCE AND EFFECT
AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Florida Legislature recently passed House Bill 403, which became
effective on July 1, 2021 and which creates Section 599.955, Florida Statutes to preempt certain
regulation of home -based businesses to the state; and
WHEREAS, Section 599.955, Florida Statutes generally preempts all local governments
from prohibiting, restricting, or otherwise regulating home -based businesses in a manner that is
different from how traditionally located businesses are prohibited, restricted or otherwise
regulated within their jurisdictions; and
WHEREAS, notwithstanding these preemptions, Section 599.955, Florida Statutes
authorizes local governments to regulate certain secondary effects of home -based businesses,
including effects related to parking and traffic, signage, residence aesthetics, nuisance factors
such as noise, vibration, heat, and smoke, and environmental factors such as corrosive,
hazardous, and flammable materials, so long as such regulations are not more stringent than
those applicable to other residences where no home -based business is conducted; and
WHEREAS, general state law continues to allow local governments to regulate the
stopping, standing, and parking of vehicles within their jurisdictions as provided by Section
316.008, Florida Statutes; and
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Agenda Item #9.
WHEREAS, general state law continues to allow local governments to regulate signage
and to ensure safe and convenient onsite traffic flow within their jurisdictions as provided by
Section 163.3202, Florida Statutes; and
WHEREAS, the Florida Municipal Home Rule Powers Act authorizes the Village to
exercise "home rule" powers for municipal governmental, corporate, or proprietary purposes not
expressly prohibited by the constitution, general or special law, or county charter, as provided by
Section 166.031, Florida Statutes; and
WHEREAS, the Village has substantial governmental interests in complying with state
law, safeguarding the visual and aesthetic quality of residential properties, minimizing
incompatible property uses, and ensuring safety for parking and traffic flow within its
jurisdiction.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, THAT:
Section 1. The facts and recitations contained in the preamble of this ordinance are
adopted and incorporated by reference as if set forth in this section.
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX. Supplemental Regulations. Division 7. Home Occupations. to
revise applicable home occupation regulations in accordance with recent changes in state law;
providing that Division 7 shall hereafter read as follows:
DIVISION 7. HOME OCCUPATIONS
Sec. 78-511. Purpose and intent.
The village recognizes the need for some village residents to use their place of residence for
limited nonresidential activities (home occupations). However, the village believes that the need
to protect the integrity of its residential areas is of paramount importance. The allowance of
0014 regulated home occupations and the issuance of an annually renewed r e-imps,:1
local business tax receipt, as applicable, is the proper method by which to allow and to
regulate nonresidential activity within the village's residential districts.
Page 132 of 488
Agenda Item #9.
Sec. 78-512. Objective.
In essence, the objective of n home „0ellmitio:M r,Arr,, this division of villa _ e code is to
allow -a limited commercial type activitiesy to occur in a residential district only to an extent that
no neighbors or passersby will be aware, by outward appearance, of the activity.
Sec. 78-513. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Code compliance division means the village division under the administration of the village
police department that is responsible for the enforcement of the regulations and requirements set
forth in this division.
Code compliance officer means the individual employed by the village and working within
the code enforcement division who is charged with the daily monitoring, inspecting and
compliance enforcement of the regulations and requirements set forth in this division.
Home occupation means any business or commercial activity that is conducted from
property within the village that is zoned for residential use.
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Special magistrate means the village -appointed special magistrate who has legal jurisdiction
to hear complaints and/or violations regarding the failure of a village resident h$' a [441 L%m
0eeJJnAtiA:n Mo�i* *A Ad"Lprp *A �„a��r ���N'�� to operate a home occupation in conformance with
the regulations and requirements set forth in this division.
Page 133 of 488
Agenda Item #9.
Sec. 78-514. Reserved. Uormift-tecl uses.
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Sec. 78-515. Conditions for operation.
Home occupations shall only be allowed that meet the following regulations, conditions and
requirements:
(1) No home occupation shall be permitted without
DeFfflit,�ayment of the required village business tax and the
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annual renewal of the accombanying business tax recei-Dt
(2) The home occupation shall be incidental to the principal use of the premises as a
residence.
Page 134 of 488
Agenda Item #9.
(3) The home occupation shall not detract from the residential character of the
neighborhood.
(4) The area set aside for home occupations shall not exceed 25 percent of the total
conditioned floor area of the residence.
(5) The home occupation shall be operated entirely within the applicant's residence or
allowed accessory structure. Incidental activities may occur at the property.
(6) Only members of the immediate family permanently residing on the premises shall be
employed in the home occupation. In addition, a total of M to two emplovees or
independent contractors not residing on the premises may also work on -site at the
home occupation.
(7) Merchandise shall not be displayed, stored or offered for sale e.4%eIrL 'vvithita er outside
of the residence.
(8) Reserved. TPten „f ., „ ,.JL piQ.rjMxP.,ceMEtpd
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(9) No alteration of the exterior character or appearance of the premises shall
occur without the requisite approval from the village planning and zoning board as
provided in chapter 22, article II, division 2, village code. ,
(10) No process shall be used which is hazardous to the public health, safety or welfare.
(11) Reserved 1.1„ ,v, o than t._,,, h,,,v,v „ ,..,�;,,,,� Qh,,ii ho ,.v,.,.,,4foa . ,;th;:n
..REMMIRNMR - ...
(12) The home occupation shall not display any external evidence of an occupation outside
the structure (residence).
(13) The home occupation shall not provide for the use or storage of trucks over three-
quarters ton, tractor -trailers, semitrucks, step vans, or heavy equipment such as
construction equipment. See also, Village Code Sections 46-72, 73 and 74.
(14) The home occupation shall produce no noise or obnoxious odors, dust, fumes,
vibration, glare or electrical interference detectable to normal sensory perception
outside the residence or accessory structure.
Page 135 of 488
Agenda Item #9110
(15) The home occupation shall not require any additional parking beyond that required to
be provided within the residential district as set forth in the village's off-street and on -
street parking regulations as provided in chapter 78, article X. village code.
(16) There shall be no advertising, display, or other external evidence or indications of a
home occupation on the residential premises, other than suns permitted on
residentially zoned properties. See also, Village Code Chapter 78, Article XI.
(17) No hazardous, highly explosive or combustible material shall be used or stored on the
premises.
(18) Deliveries from commercial suppliers mx.L"J ^*'�� m^�'e � � than � � ^'h
' V shall not restrict traffic circulation or block neighboring properties.
(20) No equipment or process shall be used which creates visual or audible electrical
interference in any radio or television receiver off the premises or causes fluctuations
in line voltage off the premises.
Sec. 78-516. Interference with rights of neighboring residents,
Except as permitted in this division, a home occupation shall be conducted in a manner
which does not give an outward appearance of or manifest characteristics of a business which
would infringe upon the rights of neighboring residents to enjoy the peaceful occupancy of their
residence or infringe upon or change the intent of the residential district.
Sec. 78-517. Reserved.
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Sec. 78-518. Reserved.
Page 136 of 488
Agenda Item #9.
Sec. 78-519. Inspections; ' ' ' ' ' ' t ' op UK s .
(a) All home occupations are subject to periodic inspections in the same manner as traditionally
located businesses..,�a ,. - - - - IL LXX%.�v „��,,o ., r�;,..,�;,,,, .,,,d no,_.,.,;t �,., t1,o .,;>>,,,,o .,t"Ll � ,-.-,,;t ,.ene
(b) The code compliance officer shall, by appointment, make at least one inspection visit each
year to determine if compliance with applicable village codes iLIXXXLY LiQ ; �. is being met.
(c) The village fire department shall make at least one inspection visit each year to determine
compliance with village fire codes, standards and regulations.
(d) In order to guarantee that a home occupation, once permitted, will not become a nuisance to
neighbors or otherwise violate the regulations, conditions and requirements in this division,
the department of community development and/or code compliance division and/or fire
department may recommend to the village council to impose additional reasonable
conditions as may be necessary to protect the public health, safety and welfare.
Sec. 78-520. Compliance with other regulations.
Home occupations shall comply with all local, county, state or federal regulations pertinent
to the activity pursued, and the requirements set forth in this division shall not be construed as an
exemption from such regulations.
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Page 137 of 488
Agenda Item #9.
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Secs. 78-52126-78-550. Reserved.
Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX. Supplemental Regulations. Division 1. Generally. Section
78-294. Nuisances. to provide use standards for all uses in any Village zoning district; providing
that Section 78-294 shall hereafter read as follows.
Sec. 78-294. Nuisances; use and activity standards.
No use shall be made of any property within any zoning district that shall in any way be
offensive or noxious by reason of the emission of any discharge, odor, gas, dust, smoke, fumes,
vibration or noise; nor shall any vehicle be parked or used in any way that would constitute a
nuisance; nor shall anything be constructed or maintained that would in any way constitute a
nuisance to adjacent property owners, residents or the community. Each use shall be operated so
as to lessen the damage from fire and explosion.
In addition, all uses and activities in any zoning district shall conform to the standards
described below:
(al Radiation. Any use or operation involving radiation, i.e., the use of gamma rays, X-rays,
alpha and beta particles, high-speed electrons, neutrons, protons and other atomic or
nuclear particles shall be permitted only in accordance with the codes, rules and
regulations of the state board of health and state department of environmental regulation.
Page 138 of 488
Agenda Item #9.
b Electromagnetic radiation and interference.
(1) Radiation. No use shall be operated which produces any planned or unplanned source
of electromagnetic radiation that does not comply with the current regulations of the
Federal Communications Commission rewarding such sources of electromagnetic
radiation. However, any use or operation otherwise in compliance with current
Federal Communications Commission regulations shall still constitute a violation of
this section if such use or operation emits electromagnetic radiation that causes an
abnormal degradation of performance of any electromagnetic receptor of quality and
proper design. The determination of abnormal degradation in performance and of
aualitv and prover design shall be made in accordance with wood engineering
principles and standards of the Institute of Electrical and Electronics Engineers and
the Electronic Industries Alliance.
(2) Interference. No use, activity or process shall be conducted which produces
electromagnetic interference with normal radio or television reception in any zoning
district.
Lq) Humidity, heat or glare.
(1) In all zoning districts. anv activity producing heat or glare shall be carried on in such
a manner that such heat or glare is not perceptible at any lot line.
(2) Exposed sources of light, including bare bulbs and tubes and immediately adjacent
reflecting surfaces, shall be shielded so as not to create a nuisance across lot lines.
The light intensity from illumination of any kind shall not exceed fifty (50A
footlamberts at any point along the line of the lot containing the light source.
Ud Hours of operation. Uses shall not impact adversely upon adjacent or nearby uses due to
hours of operation. Complaints regarding the creation of a nuisance due to extended or
unusual hours of operation shall be submitted to the village council for review. Upon
substantial proof that a public nuisance exists, at a public hearing called for such
purpose. village council shall set reasonable hours of operation for the complained of
use in order to abate the public nuisance.
Le) Open storage. Open storage of goods or products, as defined in sec. 7874, village code,
is prohibited unless specifically approved as -a part of a corresponding site plan and/or
Page 139 of 488
Agenda Item #9.
architectural plan. If approved, open storage of goods or products shall be screened
from view of all adjacent properties and roadways in all zoning districts. Screening shall
meet the minimum setback requirements of the underlying zoning district. Open storage
shall also be required to meet the minimum parking space requirements of the related
permitted use as set forth in chapter 78, article X, village code for that total area devoted
to such storaue.
fD Outside sales. Outside sales are prohibited except where the outside sale function has
been specifically approved as a part of a site plan or unless permitted under chapter 78,,-
article IX, division 8, village code.
Section 4: Chapter 46. Motor Vehicles and Traffic. of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article III. Parking, Stopping or Standing. Division 2.
Parking of Commercial Vehicles, Trucks And Recreational Vehicles. Section 46-71. Definitions.
to amend the definition of "commercial vehicles" to include heavy equipment and machinery;
providing that Section 46-71 shall hereafter read as follows.
Sec. 46-71. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Commercial vehicle means any vehicle of any nature which is used or designed or intended
to be used for hire or in the furtherance of commerce, work or for profit. Any vehicle that has
commercial lettering, markings or advertising shall be considered to be a commercial vehicle
unless the lettering, markings or advertising is on a removable or concealable sign which is
removed or concealed when the vehicle is parked. Any agricultural, commercial, construction, or
industrial equipment or machinery shall also be considered a commercial vehicle.
Section 5: Each and every other Section and Subsection of Chapter 78. Zoning and
Chapter 46. Motor Vehicles and Traffic. of the Village of Tequesta Code of Ordinances shall
remain in full force and effect as previously adopted.
Page 140 of 488
Agenda Item #9.
Section 6: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 7: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 8: Specific authority is hereby granted to codify this Ordinance.
Section 9: This Ordinance shall take effect immediately upon adoption.
FIRST READING this day of
SECOND AND FINAL READING this day of , 2021.
Page 141 of 488