21-032I
2 ORDINANCE NO. 21- 032
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5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
6 AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 1,
7 ARTICLE II. DEFINITIONS, CHAPTER 3, ARTICLE IV, SECTION 1.
8 OPERATIONAL PERFORMANCE STANDARDS, AND CHAPTER 3, ARTICLE
9 IV, SECTION 3.D. USE MATRIX AND NOTES AS NECESSARY TO SHOW
10 COMPLIANCE WITH, AND IMPLEMENT NEW STATE LAWS APPLICABLE
11 TO HOME-BASED BUSINESSES; PROVIDING FOR CONFLICTS,
12 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
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15 WHEREAS, On July 1 st of this year, new state law became effective under the initiative
16 of House Bill No. 403 that, in part, limit the regulatory authority of local governments over
17 Home-based Businesses; and
18 WHEREAS, the new laws essentially allow any business, including retail sales, to be
19 operated at a residential property with the only rules or standards applying to or involving
20 number of employees, vehicle parking, physical appearance, performance standards (e.g.
21 noise, vibration, heat, smoke, dust, glare, fumes, etc.), and the storing and handling of
22 corrosive, combustible, flammable or hazardous materials or liquids; and
23 WHEREAS, while most aspects of the new state laws represent a more liberal
24 regulatory system for Home-based Businesses, the laws do exceed the standards of the City
25 by prohibiting the parking of vehicles and trailers used in the operation of the business, in
26 the abutting right-of-way and sidewalk, and on any unimproved surface; and
27 WHEREAS, the City Commission of the City of Boynton Beach has considered the
28 recommendations and has determined that it is in the best interest of the citizens and
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29 residents of the City of Boynton Beach, Florida to approve the amendments to the Land
30 Development Regulations as contained herein.
31 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
32 OF BOYNTON BEACH, FLORIDA, THAT:
33 Section 1. The foregoing whereas clauses are true and correct and are now ratified
34 and confirmed by the City Commission.
35 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1,
36 "General Administration", Article II "Definitions" is hereby amended as follows:
37 ...
38 HOME -BASED BUSINESS -
39
40 ,
41 Y' " „re PeFty and 11 the pliEable G9Rdit*R_R _ of this Code . R be .ffi ,.,,diel. ey d -e -R -e.J _AR.d
42 Eemplied An occupation, profession, activity or use that is a secondary and incidental
43 use of a residential property, and is conducted on the property with activity and intensity
44 similar to the activity and intensity of a home where no home-based business is conducted,
45 and without having a negative impact on the residential character and architectural
46 aesthetics of the neighborhood.
47 ...
48 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3,
49 "Zoning", Article IV, "Use Regulations" Sec. 3. Use Regulations, Sec. 3-D. Use Matrix (3-D), and
50 Zoning Matrix Note #34 are hereby amended as follows:
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55 Ch. 3. Zoning, Art. IV. Use Regulations, Sec. 3. Use Regulations, Sec. 3-D. Use Matrix
56 (3-D)
58
59 ZONING MATRIX NOTES
60 Sec. 3-D Use Matrix Notes — Note #34
61 34. Home Ocew patien-based business.
62 a. HomeeeEupat-iORsbased businesses shall be permitted subject to these specific
63 regulations designed intended to preserve and forte protectiOR of residential
64 neighborhoods, and implement and enforcing applicable state laws.; whore all Of +"o
65 activity takes place withiR a stFucture, and wheFe the principal use is feF resideRtial
66 pyrpeses. In order for any home--eGew pat+enbased business to be permitted or
67 continue to be permitted, the following performance standards shall be agreed to in
68 writing
69 license:
70 (1) Compatibility. The business activity shall be secondary to the use of the property
71 as a residential dwelling, and Tthe residential character and integrity of the
72 neighborhood must not be disturbeddegraded by the business activity. As viewed
73 from the street or abutting properties, aid -the occupational activity on the
74propeEty ms"^ ",eme-shall be consistent with the uses of the residential areas
75 that surround the property.not be noticeable fFem off the premises
76 (2) Size. A home occupation shall only be conducted as a secondary activity using
77 w bless than in fift,iwenty percent (2850%) of the li„ iRg area of +bo principal
78 dwelling and any approved accessory structures on the property.'
79
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59 ZONING MATRIX NOTES
60 Sec. 3-D Use Matrix Notes — Note #34
61 34. Home Ocew patien-based business.
62 a. HomeeeEupat-iORsbased businesses shall be permitted subject to these specific
63 regulations designed intended to preserve and forte protectiOR of residential
64 neighborhoods, and implement and enforcing applicable state laws.; whore all Of +"o
65 activity takes place withiR a stFucture, and wheFe the principal use is feF resideRtial
66 pyrpeses. In order for any home--eGew pat+enbased business to be permitted or
67 continue to be permitted, the following performance standards shall be agreed to in
68 writing
69 license:
70 (1) Compatibility. The business activity shall be secondary to the use of the property
71 as a residential dwelling, and Tthe residential character and integrity of the
72 neighborhood must not be disturbeddegraded by the business activity. As viewed
73 from the street or abutting properties, aid -the occupational activity on the
74propeEty ms"^ ",eme-shall be consistent with the uses of the residential areas
75 that surround the property.not be noticeable fFem off the premises
76 (2) Size. A home occupation shall only be conducted as a secondary activity using
77 w bless than in fift,iwenty percent (2850%) of the li„ iRg area of +bo principal
78 dwelling and any approved accessory structures on the property.'
79
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80
81 Tthe principal house shall not be used for the business in a manner that prevents
82 on a daily basis, the use of that space as it is intended for residential purposes.
83 The garage may be used to support the business activity in lieu of its intended
84 purpose as vehicle storage, if there remains capacity for the minimum required
85 parking spaces for the house, on driveway surfaces designed and approved
86 pursuant to City standards. Also, see item below regarding "Parking"
87 requirements.
88 (3) On-site Restrictions. The home sc:Gupatien-based business shall be conducted at
89 the approved address only by residents of that dwelling unit and one a maximum
90 of two non-resident employees. Business activity involving Interaction with
91 customers, clients, associates or the like, shall only be conducted within the
92 principal structure and shall only he the type Of eGr=upatien that lees not involve
93 .-lienVc ustemer • sits to the home ai;d is typified by business tFansactions
94 ce-Rd-ur-tedby telephee mail,ff Opremises
95 0RStFUGtien tG eRe (1) persep at time, such aai; aFt .,r pian, teacher, shall he
96 deemed a heme eecupatiw
97 (4) Performance Standards. A home-based business shall operate in full compliance
98 with requirements of the Land Development Regulations, Chapter 3, Article IV.
99 Operationa/Performance Standards. In general, ono equipment or process shall
100 be used in a home- -eecupatienbased business that creates fumes, glare, noise,
101 odors, vibration, ef-electrical interference, etc. which are -detectable to the normal
102 senses off the Ietproperty thereby creating a nuisance or hazard to neighboring
103 residents. -In the case of electrical interference, no equipment or process shall be
104 used which creates visual or audible interference in any radio or television
105 receivers off the premises. The use, handling or storage of any corrosive.
106 combustible, or other hazardous or flammable materials or liquids must comp
107 with all applicable local, state or federal regulations.
108 (5) Traffic. Noap rkingtFa#e shall be generated by a home-based business
109 eGGUpatiea that would not normally be expected at a similar residence where no
110 business is conducted. in mrwahor .gph mer, than .. Uld normally he expected in
111residential ReffighbeFheed Any vehicle or trailer used to operate the business and
112 stored/parked on the premises must be parked in designated parking spaces and
113 not within the right-of-way, on or over the sidewalk, or on any unimproved
114 surfaces at the residence. This includes yard or landscaped areas and the drainage
115 Swale. Parking spaces on the property must be in compliance with the
116 requirements for the respective residential use as indicated in and any nee#er
117 parking generated by the conduct of a home o pation shall he Met by Off
118 s+Feet parkin„ whiel; mplies with Chapter 4, Article VI of the Land Development
119 Regulations. In addition, truck parking on the property must also maintain
120 compliance with the requirements of the Code of Ordinances. Part 2, Chapter 14.
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121 (6) Storage. All storage of materials or supplies used in the home occupationshall e
122 .done within the IiViR , aFea of the d=welling U Rit, within the s e 10FAitatiORS
123 specified ;^ subsedieR 2 ,heve -anal shall not be visible from adjacent residential
124 units or the street. GeRtFa -+„F. #a despeFsems ,,,a +he r,kehall An -t .,tee the -OF
125 home gaFage OF yaFd aFeas fOF SteFage of materials and supplies used in bus ness
126 activities The garage may be used for the storage of vehicles, materials and
127 supplies that support the business activity, only if there remains capacity for the
128 minimum required parking spaces for the house, on driveway surfaces designed
129 and approved pursuant to City standards.
130 (7) Signage. No sign, display or any object used to advertise the business of -shall be
131 placed in the yard or on any principal or accessory structure visible other than a
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133
134 (8) Parking. A panel, pick-up truck, van, or similar type of truck that complies with the
135 requirements of Chapter 14 of Part H, Code of Ordinances and used principally for
136 the subject home occupation, may be parked in a residential zoning district. Lny
137 vehicle or trailer used to operate the business and stored/parked on the premises
138 must be parked in designated parking spaces and not within the right-of-way, on
139 or over the sidewalk, or on any unimproved surfaces at the residence. This
140 includes ,yard or landscaped areas and the drainage swale. Parking spaces on the
141 property must be in compliance with the requirements for the respective
142 residential use as indicated in the Land Development Regulations, Chapter 4,
143 Articles V and VI, and applicable technical drawers. -Such vehicles or
144 trailers must be used by a resident of the premises; or other business operator,
145 and no more than one (1) such truck shall be located on the premises.
146 (9) Miscellaneous. A home occupation shall be subject to all business tax provisions
147 defined in Part II of the City Code of Ordinances.
148 Section 4. City of Boynton Beach Land Development Regulations, Chapter 3,
149 "Zoning", Article IV, "Use Regulations" Sec. 3. Use Regulations, is hereby amended as follows:
150 Sec. 1. Operational Performance Standards.
151 All existing and subsequently considered uses of property including residential and home -
152 based businesses located within the city shall conform to the operational performance
153 standards set forth below, and shall be constructed, maintained and operated so as not to
154 differ from what is considered common within the immediate area and not noticeable to
155 a degree it represents a nuisance or hazard to the normal senses of persons, and animals,
156 vegetatiOR eF pFepeFty lecated eR on adjacent or nearby properties or rights-of-way; or to
157 interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of
158 noise, vibration, smoke, dust or other particulate matter; toxic or noxious matter; odors,
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159 glare, heat or humidity; radiation, electromagnetic interference, fire or explosion hazard,
160 liquid waste discharge, or solid waste accumulation. Furthermore, no use shall be carried
161 out so as to create any nuisance or hazard which is a violation of any applicable federal,
162 state, county, or city law or permit, and all such laws and permits are hereby adopted as
163 performance standards in these zoning regulations.
164 Section S. Each and every other provision of the Land Development Regulations
165 not herein specifically amended, shall remain in full force and effect as originally adopted.
166 Section 6. All laws and ordinances applying to the City of Boynton Beach in
167 conflict with any provisions of this ordinance are hereby repealed.
168 Section 7. Should any section or provision of this Ordinance or any portion
169 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
170 affect the remainder of this Ordinance.
171 Section 8. Authority is hereby given to codify this Ordinance.
172 Section 9. This Ordinance shall become effective immediately.
173 FIRST READING this 7th day of December, 2021.
174 SECOND, FINAL READING AND PASSAGE this _L-�_ day of January, 2022.
175 CITY OF BOYNTON BEACH, FLORIDA
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YES NO
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Mayor — Steven B. Grant
✓
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Vice Mayor —Woodrow L. Hay
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Commissioner—Justin Katz
✓
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184
Commissioner —Christina L. Romelus
c/
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186
Commissioner — Ty Penserga
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188
VOTE
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189 ATTEST:
19
1911
1 ?Cr�ystal, Gibs M C
1 y Clerk
194
195 (Corporate Seal)
D # itCOFFC?A?c0 ti
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