HomeMy WebLinkAboutOrdinance_17-21_2/10/2022ORDINANCE 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
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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 certain regulated home occupations and the issuance of
an annually renewed hGFne GGGUpatiGR peF 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.
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Sec. 78-512. Objective.
In essence, the objective of a_herne ^Gcu'pat;on permit 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.
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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
to operate a home
occupation in conformance with the regulations and requirements set forth in this division.
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Sec. 78-514. Reserved. Permitted 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 the prieF issUaRGe of a "erne
GGGUpatien permitpayment of the required village business tax and the paymept
of annual renewal of the accompanying business tax receipt a permit fee a s&t
(2) The home occupation shall be incidental to the principal use of the premises as
a residence.
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(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 e;tt ear
outside of the residence.
(9) No alteration of the eskle +,� 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 , inGluding
(10) No process shall be used which is hazardous to the public health, safety or
welfare.
(11) Reserved Ne n;eFe than twe he GGGUpatiens shall be peFrnitted within an
single FesidenGe, with na allowable use -arp�
granted foF the
(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.
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(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 ^EA bemadeth R GRGe each
week, andhe del+veFies shall not restrict traffic circulation or block neighboring
properties.
meters(19) Reserved. Ne metoF pewei: otheF than eleGtriGally operated metoFs shall be used
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(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. Terrnmnation of permit upon death or reloc;at"on o
n.
Reserved.resolution of the village GGURGil and OR file iR the village Glerk's G#iGe.
Sec. 78-518.
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'Inspections; imposition of add*tmonal rondiffions.
(a) All home occupations are subject to periodic inspections in the same manner as
traditionally located businesses. and Feview of the appliGation and permit by the
(b) The code compliance officer shall, by appointment, make at least one inspection visit
each year to determine if compliance with applicable village codes th;.7 aiv;c, 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.
Son. 78-521. Application for permit
byby the apprnnriate fee
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Sec 78_523 Permit foe
Wlage GEWnGii and on file iR the village Glerk's OffiGe, and shall be payable at the4ia
Sec;. 78 524. Expiration and renewal of permit.
HGrne GGGUPatiGR permits shall expire en September 30 E)f eaGh year and Prer,
f)-enalties fer failure te reRew a permit will fG"E)W the Griteria set forth in Ghapter 70, a
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A home GGG61pat'0171 permit may be revoked by the depaFtmeRt Of GE)MM
nnmnnnnot fnr
oi-n c,,c �o r-.Fi FI'l Eill`1nr-.iQ M/ith $klim (`llnf{ltinr roni,I tinnc roniiirom�r,+n ...-
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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 anyway 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 department of health and state
department of environmental protection.
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 Commissinn renarriinn ci irh
sources of electromagnetic radiation. However, any use or operation otherwise
in compliance with current Federal Communications Commission rPrn nations
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 quality 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
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 immediatelv
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
d 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 hParinn
called for such purposevillage council shall set reasonable hours of operation for
the complained of use in order to abate the public nuisance
e 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. Afn
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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.
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ORDINANCE
17-21 (approved in 2022)
Date
02/10/2022
Upon Second Reading
Motion Council Member Bruce Prince Second Council Member Laurie Brandon
Mayor Frank D'Ambra,lll
Vice -Mayor Kyle Stone
Council Member Laurie Brandon
Council Member Molly Young
Council Member Bruce Prince
FOR
AGAINST
ABSENT
CONFLICT
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The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA:
Frank D'Ambra, III
ATTEST:
Lori McWilliams, MMC
Village Clerk
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