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Home My WebLink AboutDocumentation_Regular_Tab 08_2/10/2022Agenda Item #8. Regular Council STAFF MEMO Meeting: Regular Council - Feb 10 2022 Staff Contact: Keith Davis, Village Attorney Department: Legal 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. POTENTIAL MOTION / DIRECTION REQUESTED: Ord 17-21 Home Based Businesses Amended by Le Page 82 of 243 Agenda Item #8. 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 1 Page 83 of 243 Agenda Item #8. 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 rUe.-FtaR regulated home occupations and the issuance of an annually renewed home ,n%+;er Ir1erlocal business tax receipt, as applicable, is the proper method by which to allow and to regulate nonresidential activity within the village's residential districts. 2 Page 84 of 243 Agenda Item #811 Sec. 78-512. Objective. In essence, the objective of � hnmo OGG' IM3 ' n norms this division of village 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. fnr thin . . . . . . . . . . iz en thin- anihnatonn nf tho P= mnropto hnmo nnni ln»tinn MOrmit fz Home occupation means any business or commercial activity that is conducted from property within the village that is zoned for residential use. nn filo ire thlipao nlork'cz nffmno Special magistrate means the village -appointed special magistrate who has legal jurisdiction to hear complaints and/or violations regarding the failure of a villa a resident I %_0 h niciona P hnme E)GGIMPtonn normot tn Pdhgarck tn PndInr anmnivto operate a home occupation in conformance with the regulations and requirements set forth in this division. 3 Page 85 of 243 Agenda Item #811 con soon uses. (I 1 Arnhi�ti irAl Andlnr 71 Art Qfi lei on �/I 1 12nnci iltina cor�iinoc onrrinoorina Q'QFV'Ges • �F=i1 Drnfoccinn::zl hnmo rl�+P nrnnoccinrr nffino Pnd anIMnI i accnni;3tAd nrrram I %_1 zj I• coRiinoc minrr 2hpkiin In I P ffrp > > > > > Tupperware HorhPlifo n/Iiry I<Ay pnr`I cimil�r i icoc • 'nAl n'aRRIREI invaQtmant > Qinrll' > • m�nr�mo nr cimil�r > 1 mocl > > > > > (I M UAH nrdor (nnt innli'rlina rotAil cAloc frnm citgaO (11) CAloc ronroconttmyo (nffino nnlxil > > >tona All • ('I !R)Tyninn Wnrd nrnr+occinr1 dinQktnn n1 1hlichinn cor�iir+oc > > • (I -d 1 Writinn an rY • Inity r ayinlnnmon+ nn o naco_hv_nAco h-%cic 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 +ho nrinr i, cs ianno of hnmo nnni ir»tinn nor mi+ payment of the reauired village business tax and the na"mon+ of annual renewal of the accompanying business tax receipt nfvTf',�. 0 Page 86 of 243 Agenda Item #811 (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 � �mthmR OF outside of the residence. • ■ awl ■ ■ ■ ■ ■ liq • as � A . � 11111All e (9) No alteration of the ro%Idor'L21 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. , inG11 1C1' orI�r�nr+o exalt moyiniy fnr rho h, isEnesc LTr (10) No process shall be used which is hazardous to the public health, safety or welfare. 1� ��I�,�7�'��1��\��■■\�J��=7■l!�■t7'�'��■\�J■■\��l��l��l!l7\�J■C�=�J■\!��!��!l�l■■■�\ii�l!�'�'Il7■��■t!�■�� ZI�J UN. ►�7■\m1 Z ' 'Il7■I I■►VP I ■►�]L�1!%.1�p �■/ II'W'1 -'L!�!ILW# SI%J �=WL-flz (12) The home occupation shall not display any external evidence of an occupation outside the structure (residence). 5 Page 87 of 243 Agenda Item #8. (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 XT 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 0 (17) No hazardous, highly explosive or combustible material shall be used or stored on the premises. (18) Deliveries from commercial suppliers rnAv nI W %.^t &W Who11 r ade mor%Wfe +4. 1hAR GRGE) eaGh �"�OOIX, �11� �h� doII��orIo� shall not restrict traffic circulation or block neighboring properties. Ali =11MM WWA W • W ,WA I (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 0 Page 88 of 243 Agenda Item #811 peaceful occupancy of their residence or infringe upon or change the intent of the residential district. Sec. 78-517. Reserved. Tarmonniinn of narmot l innn loath nr rnlnantonn of r.nrr�Otte n V%FM 1%.# use er nt� MP11 W V W WN W%.I IWI I I I I IMI I '%Q.0- EJ I %AA t '%Q.# if %P.4 imi I I lilt MOMIDeF Fe&1donO Pt th'Q- F40-SodeRGe t1hKa-f- lhlG%#Fne 0 G%R- G.R- 61 rn %P.4 t I n%.0 IRI 1%AI rn G Ini thle- rn%allment ef a nermot helder transfer fee as set Sec. 78-518. Reserved. nmcfrmntc Whom iffnrl rliQ+ho issi lance of P "Plod hnmo OGGI inp+inn r�ormi+ �� . Sec. 78-519. Inspection®Sonfonra of ad%Wfi}mmn''"' ^nEno don*onnEno S (a) All home occupations are subject to periodic inspections in the same manner as traditionally located businesses. �R. rro"io�^, ^f +ho Ppp.i��+inr, �r,r^I normi+ h" the V i"Ano 7+ normi+ roR&VAl +imo �1111 (b) The code compliance officer shall, by appointment, make at least one inspection visit each year to determine if compliance with applicable village codes +hiWs ali"i�i^r, 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. 7 Page 89 of 243 Agenda Item #811 I iffill Al Prm ur Can%Oro qN.w ve ce 7RNN I, %w--92-9var mm %w NN I?a�i�n�.. fi� %w) 0 nf narmif rA hn I ■ E IN pow I P.7 rw. M. R - . . ■ .. . ■ .. . . raw I . . .. ■ . .. ■ . ..NMI . W. .7 M, - . . . ■. ■ ECTF■ . . . . Alim'AY-1 Alk iM .. - ■ al d ■ .. AO A'Al Al. . I LVA EoJ FAIAIM t W WAN F'Aal ■ ■ . -1 Alk CAIAIST-1 AWWWAIi - .. ■ - . I W'Al. . .l � W-'1V1'AYAZw1 d E&I■ . ■ . .. 1 . ■ . a ■. Secs. 78-521 1 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 0 Page 90 of 243 Agenda Item #8. 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: (a) Radiation. Au 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 department of health and state department of environmental protection. Lb)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 guality and proper design. The determination of abnormal degradation "erformance and of guality 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. 0 Page 91 of 243 Agenda Item #8. 2) Interference. No use. activitv or Drocess shall be conducted which Droduces electromagnetic interference with normal radio or television reception in any zonina district. Lc Humidity, 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 adiacent reflectina 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. kW Hours of operation. Uses shall not impact adversely upon adjacent or nearbv 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)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: 10 Page 92 of 243 Agenda Item #8. 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. AAn v 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. 11 Page 93 of 243