HomeMy WebLinkAboutDocumentation_Regular_Tab 4B8_9/14/1995 j 1 -'/
Memorandum
To: Thomas G. Bradford, Village Manager
From: Scott D. Ladd, Building Official Pd.-
Date: 09/07/1995
Subject: Draft Ordinances Amending the Zoning Ordinance,
Ordinance 355,as Amended
Tom attached are eighteen(18) sets of packets containing nine(9)proposed draft ordinances that
amend certain sections of the Zoning Ordinance or that add new sections to the Zoning
Ordinance. Some of the proposed changes, additions and/or deletions are housekeeping in
nature and are proposed amendments that we have been collecting over the past several years.
There are a couple of proposed ordinances that add new sections to our Zoning Ordinance, such
as:
• A new Section X(S),Home Occupations and a new Section X(R),
Multi-family Recyclable Material Facilities.
• There is a draft ordinance that proposes to abolish the current Board
of Adjustment and give those powers and duties to the Villages Council.
• There is a proposed ordinance that amends the Sign Code to comply
with legislative changes regarding political signs.
• - There is a draft ordinance that revises the Site Plan Review
application process in an effort to streamline the process.
• The Village Attorney put together a draft ordinance that amends the
non-conforming use section of the Zoning Ordinance to provide some
relief to the R-3 district condos on Beach Road with regard to rebuilding
after a catastrophic event.
• There is a draft ordinance that amends the parking regulations in order to
strike a better balance between landscaped open space and parking spaces
by reducing the size requirement for parking spaces, changing the parking
space ratio (formula)to track current national trends and to offer a certain
percentage of compact parking spaces. All of these parking regulation
changes are being proposed in order to help our commercial and
multi-family communities to(achieve closer compliance with Ordinance
377,the Village's Landscape Code.
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Attached immediately in back of each draft ordinance is a copy of the existing ordinance section
being amended and/or a copy of support documents that were used as the source from which
some or all of the draft ordinances were written. Please place the nine draft ordinances on the
September 14, 1995 Council meeting agenda for first rading. Thanks.
SDL:pm
Attachments
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ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, , FLORIDA, AMENDING
ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING
SECTION X, SUPPLEMENTAL REGULATIONS APPLYING TO A
SPECIFIC, TO SEVERAL OR TO ALL DISTRICTS, BY ADDING A
NEW SUB-SECTION (S), HOME OCCUPATIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
Be it ordained by the Village Council of the Village of Tequesta, Palm Beach
County,Florida, as follows:
Section 1. Ordinance No. 355, as amended, the Comprehensive Zoning
Ordinance of the Village of Tequesta, is hereby amended at Section X, by adding a new
sub-section (S),Home occupations,to read as follows:
(S) Home occupations.
(1) Purpose and intent. The Village of Tequesta recognizes the need
for some Village residents to use their place of residence for limited
non-residential 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 home occupation
permit is the proper method by which to allow and to regulate
non-residential activity within the Village's residential districts.
(2) Objective. In essence,the objective of a home occupation permit is
to allow a limited commercial-type activity to occur in a residential
district only to an extent that no neighbors or passerby will be aware,
by outward appearance, of the activity.
(3) Definitions.
(a) "Home Occupation". A home occupation is defined as any
business or commercial activity that is conducted from
property within the Village that is zoned for residential use.
(b) "Home Occupation Permit". A home occupation permit is
a permit issued on an annual basis to a resident for a home
occupation that is authorized and regulated by this section
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and upon the payment of a home occupation permit fee in the
amount of$100.00 annually.
(c) "Department of Community Development". Is the Village
Department responsible for the Administration of this section,
the issuance of home occupation permits and the collection of
the appropriate home occupation permit fees.
(d) "The Code Compliance Division". is the Village division
under the administration of the Village of Tequesta Police
Department that is responsible for the enforcement of the
regulations and requirements set forth in this section.
(e) "The Code Enforcement Board". is the Village appointed
Board that has legal jurisdiction to hear complaints and/or
violations regarding the failure of a resident holding a home
occupation permit to adhere to and/or comply with these
regulations and requirements set forth in this section.
(f) "The Code Compliance Officer". is the individual
employed by the Village and working within the code
enforcement division that is charged with the daily monitoring,
inspecting and compliance enforcement of these regulations
and requirements set,forth in this section.
(4) Permitted "home occupation" uses. The business,commercial
and/or professional uses allowed to be performed within the
residential districts of the Village and subject to all of the
regulations and requirements set forth in this section shall be
as follows:
(a) Architectural and/or engineering services.
(b) Art restoration.
(c) Art studio
(d) Baby sitting service,subject to all other outside agency
regulations.
(e) Consulting services
(f) Contracting(except the storage of trucks, materials and/or
equipment)
(g) Data processing, computer programming
(h) Direct sale product distribution,such as,Amway,Avon,
Shaklee,Jaffra, Tupperware, Herbalife, Mary Kay and similar
uses.
(i) Drafting and graphic services including CAD and CADD.
(j) Dressmaking, sewing, tailoring, contract sewing(limit to
one machine).
(k) Electronic assembly.
(I) Financial planning, investment services, accounting
services. •
(m) Flower arranging
(n) Gardening and/or landscaping maintenance
(o) Home crafts (pottery,ceramics, sculpturing, toy making
doll making, quilting, macrame or similar uses)
(p) House cleaning service
(q) Insurance sales or broker
(r) Interior designer
(s) Jewelry making,jeweler
(t) Ironing service
(u) Locksmith
(v) Mail order (not including retail sales from site)
(w) Real estate sales or broker
(x) Sales representative(office only)
(y) Swimming pool cleaning service
(z) Telephone answering, switchboard,telemarketing,call
forwarding
(aa) Tutoring(limited to no more than 3 students at a time)
(bb) Typing, word processing, desktop publishing services
(cc) Watch repair
(dd) Writing, composing
?.(ee) Other similar uses as may be determined by the
Department of Community Development on a case-by-case
basis.
(5) Regulations, conditions, requirements for operation. "Home
occupations" shall only be allowed that meet the following regulations,
conditions and requirements:
(a) No home occupation shall be permitted without the prior
issuance of a home occupation permit and the payment of the
$100.00 permit fee.
(b) Are incidental to the principal use of the premises as a
residence.
(c)Do not detract from the residential character of the
neighborhood.
(d) The area set aside for home occupations shall not exceed
twenty-five percent(25%)of the total conditioned floor area of
the residence.
(e) Be operated entirely within the applicant's residence or
allowed accessory structure.
J (f) Only members of the immediate family permanently
residing on the premises shall be employed in the home
occupation.
(g) Merchandise shall not be displayed,stored or offered for
sale either within or outside of the residence.
(h) The operation of any wholesale or retail business, unless it
is conducted entirely by mail,and does not involve the sale,
shipment, or delivery of merchandise, is prohibited.
(i) No alternation of the residential appearance of the premises
occurs, including the creation of a separate entrance to the
residence or utilization of an existing entrance exclusively for
the business.
(j) No process is used which is hazardous to the public health,
safety or welfare.
(k) No more than two (2) home occupations shall be permitted
within any single residence. With no increase in allowable use
area granted for the additional use.
(1) Not display any external evidence of an occupation outside
the structure(residence). 7
(m) Not provide for the use or storage of tractor trailers,
semi-trucks,step vans,or heavy equipment such as
construction equipment.
(n)Produce no noise,or obnoxious odors, dust, fumes,
vibration,glare or electrical interference detectable to normal
sensory perception outside the residence or accessory
structure.
(o) Not require any additional parking beyond that required to
be provided within the residential district as set forth in the
Village's parking regulations.
(p) There shall be no advertising, display,or other indications
of a home occupation on the residential premises.
(q) No highly explosive or combustible material shall be used
or stored on the premises.
(r) Deliveries from commercial suppliers may not be made
more than once each week, and the deliveries shall not restrict
traffic circulation or block neighboring properties.
(s) No motor power other than electrically operated motors
shall be used in connection with a home occupation.
Electrically.operated motors shall not exceed one(1)
horsepower(h.p.)
(t) 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.
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(6) General Provisions.
(a) Except as permitted in this section, a home occupation shall
be conducted in a manner which does not give an outward
appearance of nor 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.
(b) Should a home occupation permit holder die or move to a
new location,the existing permit shall be automatically
terminated,except that, in the case of death of the permit
holder,the spouse or other immediate family member residing
at the residence may continue the home occupation upon the
payment of a permit holder transfer fee of $10.00.
(c) Home occupations that comply with this section may be
permitted in any residential district upon the issuance of a
valid home occupation permit.
(d) All home occupations are subject to periodic inspections
and review of the application and permit by the Village at
permit renewal time. The code enforcement officer shall, by
appointment, make at least one(1) inspection visit each year to
determine if compliance with this section is being met.
(e) In order to guarantee that a home occupation, once
permitted,will not become a nuisance to the neighbors or
otherwise violate these regulations, conditions and
requirements,the Department of Community Development
and/or Code Compliance Division may recommend to the
Village Council to impose additional reasonable conditions as
may be necessary to protect the public health, safety and
welfare.
(f) Home occupations shall comply with all local, county,state
or Federal regulations pertinent to the activity pursued, and
the requirements set forth in this section shall not be construed
as an exemption from such regulations.
(7) Application and permit process.
(a) Application for a home occupation permit shall be made to
the Department of Community Development on a form
provided by the Department and shall be accompanied by the
appropriate fee.
(b) In cases where the Department of Community Development
considers the application not within the scope of the home
occupation criteria,the application will be denied.
(c) The annual fee for home occupation permits shall be
$100.00 and shall be payable at the time of application for
permit.
(d) Home occupation permits shall expire on September 30th of
each year and prorating of the permit fee shall be allowed and
as set forth in Chapter 11 of the Village Code of Ordinances.
Likewise, fee penalties for failure to renew a permit will follow
the criteria set forth in Chapter 11 of the Village Code of
Ordinances.
(e) A home occupation permit may be revoked by the
Department of Community Development for non-compliance
with the conditions, regulations, requirements,and/or criteria
set forth in this section. Revocation may occur at any time
prior to the expiration date of the permit. If the permit is
revoked or is not renewed, it becomes null and void, and said
home occupation use shall be terminated. The Department of
Community Development may utilize the services of the Code
Enforcement Division to assist in investigation and enforcement
to determine grounds for revocation of a home occupation
permit.
Section 2. Severability. If any provision of this Ordinance or the application
thereof is held invalid, such invalidity shall not affect the other provisions or applications
of this Ordinance which can be given effect without the invalid provisions or applications,
and to this end, the provisions of this Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Village
of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance
are hereby repealed.
Section 4. Codification. This Ordinance shall be codified and made a part of the
official Code of Ordinances of the Village of Tequesta.
Section 5. Effective Date. This Ordinance shall take effect immediately upon its
passage and approval, as provided by law.
THE FOREGOING ORDINANCE was offered by Council member
, who moved its adoption. The Ordinance was seconded by
Council member and upon being put to a vote, the vote was as
follows:
t
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and adopted this
day of , 1995.
MAYOR OF TEQUESTA
Ron T. Mackail
ATTEST
Village Clerk
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nag) (6 J
Home Occupation Ordinances
JoAnn Butler and Judith Getzels
TABLE OF CONTENTS
Chapter 1. Overview 1
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Chapter 2. Local Government Regulation 7
Elements of a Home Occupation Ordinance 8
Impacts on the Surrounding Neighborhood 14
Chapter 3. Administration and Enforcement 17
Licensing 18
Home Occupation Classifications 19
Enforcement 21
Legal Issues 22
Constitutional Considerations 23
Appendix. Selected.Home Occupation Ordinances 25
P'Rockford, Illinois 25
Blaine, Minnesota 26
Long Beach, California 28
Washington County, Oregon 29
Largo, Florida 30
Danville, Illinois 31
Visala, California 33
Pullman, Washington 35
Redding, California 36
uY Dr, f t 040. der!vt 4i fir#m A CA f t ('rr 4 J T y/Z rC cm.)C c
mvr;rC,Pa C ORD..-
. 210 Military Trail Town of Jupiter Phone:407-748-6134
Jupiter, Fl 33458 Occupational License or Out Of Town Registration Far 407-575.7785
Application
Checklist for Application Completion
Please complete all Items noted below: ❑ Copies of the following documents are required:
❑ Palm Beach County License(# )
❑ Complete this application.
❑ State of Florida License!Registration(# )
❑ Complete Certificate of Approval&Inspections. a pg County Certificate of Competency(#
0 Return all required documentation to Occupational
Licensing with a check or money order for the total fee ❑ Proof of Liablility Insurance(# )
amount ❑ Proof of Workers'Compensation or Exemption Status
imam
ADDITIONAL INFORMATION FOR LIMITED HOME OCCUPATIONAL LICENSE
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YOUR UCE(1SE 1$JSSUED SUB.IE,CT IQ ItIL FSIJ I OWING CONDITIONS;
I hereby apply for a Limited Home Occupational License to use a business telephone listing, business stationery and conduct minor
business activity of a business office at my residence. I certify that I am eligible to apply for this Limited License and I agree to adhere
to the following rules and regulations pertaining to such License when issued.
A. The use must be conducted entirely within the dwelling E. There shall be no noise, dirt, fumes, vibration or
by a member of the immediate family residing on the electromagnetic disturbances that would disturb the
premises. No persons outside of Immediate family neighborhood area.
members will assist or be employed. F., The activity Involved shall not noticeably detract from the
B. No chemical equipment is to be used except that which , outward residential character of the neighborhood.
is normally used for purely domestic or household G. There will be no pedestrian traffic,vehicle traffic or any
purposes. No electrical or mechanical equipment which ' type of public nuisance as a result of this minor business
causes outside Interference may be Installed or used. activity on the resident's premises.
C. No commodity or product shall be dispensed on the H. Any equipment Is to be stored Inside an enclosed shelter,
premises,nor shall a display of products be visible from shed or garage. NO OUTSIDE STORAGE.
the exterior of the dwelling. I. There will be no vehicles over the size of a pick-up truck
D. No external evidence or sign that the dwelling is being or van parked at the residence.
used for the home occupation shell be allowed.
At any time there is a complaint of non-compliance against me in regard to these matters, I understand that my Limited Home
Occupational License shall be revoked and I will require a Special Exception for a Home Occupation and License for same.
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Witness Date Applicant's Signature Date
Notary Date Occupational License Official Date
Required by State of Florida 2 Required only if requesting Senior Exemption
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APPENDIX F—ZONING CODE 500.3
3. Use. Such accessory building shall not be 500.3. Excavation.
rented or otherwise used as a separate A. Purpose and intent. It is the purpose and
dwelling unit. intent of this section to:
(Ord. No. 90-11, pt. I, 1-30-90)
1. Discourage Site Development and Land Ex-
cavation That Is Destructive To Natural Re-
500.2. Home occupations. sources. Discourage certain site develop-
ment and land excavation practices which,
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A. Scope. This section includes the following individually or in cumulative effect,are de-
occupations and activities and subject to the fol- monstrably destructive to Palm Beach
lowing rules and regulations. County's natural resources.
2. Ensure Mining and Excavation Does Not
B. Permitted home occupations. Adversely Impact Environment. Ensure
1. Physician,doctor,dentists,veterinarian,for that mining and excavation activities do
consultation or emergency treatment but not adversely impact the environment or
not general practice of the profession. the health of the citizens of Palm Beach
County.
2. Attorneys,architects,engineers,clergymen, 3. Deter Immediate and Long-Term Environ-
and other professional persons for consul- mental Impacts. Deter the negative imme-
tation but not general practice of the pro- diate and long-term environmental and eco-
fession. nomic impacts of poor land development
3. Musician, artist, custom dressmaker, or practices.
other customary home occupation. 4. Encourage Environmentally Sound Land
Development Practices. Encourage the use
C. Rules and regulations for home occupations. of economically feasible, and environmen- -
1. The use must be conducted by a member of tally sound land development practices.
the immediate family residing on the 5. Preserve Land Values.Preserve land values
premises, entirely within the building. by ensuring that noncommercial land exca-
2. A limitation of one (1) person outside the vation results in changes that meet min-
immediate family may assist in the opera- imum Zoning Code requirements.
tion of the home occupation. 6.. Reclamation. Encourage the reuse of exca-
3. No chemical, electrical, or mechanical vation sites by promoting economical,effec-
equipment is to be used except that which tive and timely site reclamation.
is normally used for purely domestic or 7. Beneficial Use of Excavation Properties.En-
household purposes. sure future beneficial use of excavated prop-
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4. No commodity or stores shall be stockpiled erties and surrounding properties.
or sold on the.premises nor shall a display 8. Disposal of Excess Excavation Material.
of products be visible from the street. Recognize that excess excavation material
5. No external evidence or sign that the " may be disposed of off-site provided that
dwelling is being used for the home occu- the excavation site is subject to a bona fide
pation. (Ord. No. 90-11) site development plan.
6. The area devoted to the home occupation 9. Reasonable and Enforceable Regulations.
shall not be the dominant use of the of the Provide clear, reasonable and enforceable
dwelling and in no case shall exceed ten laws for the regulation of excavation and
(10) percent of the total square footage of related activities.
living area. 10. Promote Health, Safety and Welfare. Pro-
(Ord. No. 90-11, pt. I, 1-30-90) mote and protect the health,safety and wel-
Supp.No. 7
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