HomeMy WebLinkAboutOrdinance_17-21_1/13/2022ORDINANCE 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 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 eertain regulated home occupations and the issuance of an annually renewed home eeeUpatien permit local business tax receipt, as applicableis the proper method by which to allow and to regulate nonresidential activity within the village's residential districts. Sec. 78-512.Objective. In essence, the objective of a heme eeetipatien pennit this division of village code is to allow a limited commercial type activities 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. oee"alion that is authorized and Fegulated by this division upon the payment of a home oeeupatio Special magistrate magistrate means the village -appointed special magistrate who has legal jurisdiction to hear complaints and/or violations regarding the failure of a village resident holding a home to operate a home occupation in conformance with the regulations and requirements set forth in this division. Sec. 78-514. Reserved. Permitted uses. (2) n rt studio-. e auv vvt to u (4) Consulting ITT ngsefviees, (5) Professional home ffi a assoeia4ed wa_• ."w�. ♦ ♦ _ HeEbalif Mary Kay and similar w) a aaaa.uavaua planning, investmenten' naufftifig ser-viees. (1 0) Mail order- (not ; ing retail salon ffemw '* i1 , 11 f di (1 ) Sales rS„ e e„tatiye el.,. ( one .fAy) terexarLc 1 (a2) Teep a l:l.. �'tahbeartr (13) Typing, eR' tesk4op st word publishing (1 4) Wr-i .r. . n be deteffnined by the depaftment development ' (15) Other- similar- uses as may of eonununity 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 the priof issuanee f'a home oeeupation pest payment of the required village business tax and the payment e annual renewal of the accompanying business tax receipt n e..pe. 4 foe as set by resolution of the village ao.,nei andofile i the village alert's of'f ae ...,.aaa..aa .laa.a .,aa all., 1Z�G1iV gc-czcnc�-vxrivc. (2) The home occupation shall be incidental to the principal use of the premises as a residence. (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 up to two employees 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 either- .,,;*tomi ^r outside of the residence. (8) Reserved. The operation of any�tii ielesale-ei-retail business, caacss-it is cvxxauoi2� entirely by mail, and does-2et-kwelye the sale, shipment, 9rdPliyeFy of mefe dise,--i-s wed. (9) No alteration of the r-^s�tW 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. , inee- ,.a:.,^ the er-ea4 e of (10) No process shall be used which is hazardous to the public health, safety or welfare. (11) Reserved Ne 111.,1e dw two home eraeupeAiens shall be o it4 rl withinany& lll{4l1 r-esidenee, ` MVMJV 111 allewable use afea gr-aiAed for- the additional use. (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. (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 signs 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 may not be madeweek, d the deliveries shall not restrict traffic circulation or block neighboring properties. (19) Reserved. No motor power- other t,m eaeetr;neaUy- operated rnvtm-s shall be used -tr (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. 78-518. Reserved. . Sec. 78-519. Inspections . (a) All home occupations are subject to periodic inspections in the same manner as traditionally located businesses and review of the lio t' a w..m t by the village t pe t l ... i uav uYYaavacivii ui. der (b) The code compliance officer shall, by appointment, make at least one inspection visit each year to determine if compliance with applicable village codes this division 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. fee-. See. 78 523. Permit f The aw+ual fee fer- heme eeeupation pefmits shall be as set by resolution of the village eouneil .WMM -; _ 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, es 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: (a) 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 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 regarding 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 ofauality and proper design shall be made in accordance with good 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. Oc H midibv heat or glare. (1) In all zoning districts, any 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 (50) footlamberts at any point along the line of the lot containing the light source. dW Hours ofoneration. 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 puroose. village council shah reasonable hours of operation for the complained of use in order to abate the public nuisance. Ue Open storage. Open storage of goods or productsas defined in sec. 78-4. village code. is prohibited unless specifically approved as a part of a corresponding site plan and/or 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 chanter 78, article X, village code for that total area devoted to such storage. Outside sales. Outside sales are prohibited except where the outside sale function has been s ecifically 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, constructionor 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. 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 , 2021. SECOND AND FINAL READING this day of 92021. 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. 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. ORDINANCE Date 17-21 01-13-2022 Upon Second Reading Motion Council Member Laurie Brandon Second Vice -Mayor Kyle Stone FOR AGAINST ABSENT CONFLICT Mayor Frank D'Ambra,lll ®x M 0 Vice -Mayor Kyle Stone ®x © © E] Council Member Laurie Brandon El El Council Member Molly Young El 0 Council Member Bruce Prince f 7X The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: Frank D'Ambra, III ATTEST:' SEAL INCORPORATED:' Lori McWilliams, MMC Village Clerk