20-027 1
2 ORDINANCE NO.20-027
3
4
5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
6 FLORIDA AMENDING THE LAND DEVELOPMENT
7 REGULATIONS CHAPTER 3 "ZONING", ARTICLE IV, "USE
8 REGULATIONS," SECTION 3.D. USE MATRIX, NOTE #34
9 UPDATING THE HOME OCCUPATION PROVISIONS, IN
10 PART, TO ALLOW ONE NON-RESIDENT TO ASSIST WITH
11 OPERATING THE HOME-BASED BUSINESS; PROVIDING
12 FOR CONFLICTS, SEVERABILITY,CODIFICATION AND AN
13 EFFECTIVE DATE.
14
15
16 WHEREAS, the City Commission has requested amendments to the Land
17 Development Regulations that would allow a home-based business to be supported by one
18 non-resident of the subject home;and
19 WHEREAS, staff has also updated the wording of Note #34 to reflect current
20 terminology; improve clarity through grammar and verbiage corrections; and improved
21 accuracy and internal consistency by reference of the City's truck regulations; and
22 WHEREAS, this amendment is intended to increase business and employment
23 opportunities; and
24 WHEREAS, the City Commission of the City of Boynton Beach has considered the
25 recommendations and has determined that it is in the best interest of the citizens and residents
26 of the City of Boynton Beach, Florida to approve the amendments to the Land Development
27 Regulations as contained herein.
28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH,FLORIDA, THAT:
30 Section 1. The foregoing whereas clauses are true and correct and are now ratified
31 and confirmed by the City Commission.
32 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3,
33 "Zoning",Article IV,Use Regulations. Section 3.D.Use Matrix,Note#34 updating the Home
i
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34 Occupation provisions, in part, to allow one non-resident to assist with operating a home-
35 based business is hereby amended as follows:
36 Note#34. Home Occupation.
37
38 Home occupations shall be permitted subject to these specific regulations designed for the
39 protection of residential neighborhoods,where all of the activity takes place within a
40 structure, and where the principal use is for residential purposes. In order for any home
41 occupation to be permitted or continue to be permitted,the following performance standards
42 shall be agreed to in writing by the applicant and be maintained for the duration of the
43 occupational license:
44 (1) Compatibility. The residential character and integrity of the neighborhood must
45 not be disturbed and the occupational activity at the home shall not be noticeable from off
46 the premises.
47 (2) Size. A home occupation shall only be conducted within twenty percent(20%)
48 of the living area of the dwelling including interior halls, closets and storage areas, but
49 excluding garages, screened porches, accessory buildings or any similar space not suited or
50 intended as living quarters.
51 _ (3) On-site Restrictions. The home occupation shall be conducted at the licensed
52 approved address only by residents of that dwelling unit and one non-resident, and shall only
53 be the type of occupation which that does not involve client/customer business-visits to the
54 home, and is typified by business transactions conducted by telephone, mail, or off premises
55 of the licensed address. (The giving of individual instruction to one (1)person at a time,
56 such as an art or piano teacher, shall be deemed a home occupation).
57 - (4) Performance Standards.No equipment or process shall be used in a home
58 occupation-whislhthat creates fumes, glare, noise, odors, vibration, or electrical interference
59 detectable to the normal senses off the lot, ' . . .• - . - •• . - . •
61 . In the case of electrical interference, no equipment or process shall be
62 used which creates visual or audible interference in any radio or television receivers off the
63 premises.
64 (5) Traffic.No traffic shall be generated by a home occupation in greater volumes
65 than would normally be expected in a residential neighborhood, and any need for parking
66 generated by the conduct of a home occupation shall be met by off-street parking which
67 complies with Chapter 4, Article VI.
68 (6) Storage. All storage of materials or supplies used in the home occupation shall
69 be done within the living area of the dwelling unit,within the space limitations specified in
70 subsection 2 above and shall not be visible from adjacent residential units. Contractors,
71 tradespersons and the like shall not use their home garage or yard areas for storage of
72 materials and supplies used in business activities.
73 (7) Signage. No sign or display shall be visible other than a non-illuminated sign,
74 not exceeding two (2) square feet in area, placed on the exterior wall of the residence as
75 close as practical to the front entrance.
76 - (8) Parking. A panel,pick-up truck, van, or similar type of truck that complies with
77 the requirements of Chapter 14 of Part II, Code of Ordinances and used principally for the
78 subject home occupation, not to exceed a one (1)ton chassis configuration,may be parked
79 in a residential zoning district. However, such vehicle must be used by a resident of the
80 premises, and no more than one (1) such truck shall be located on each pletthe premises.
2
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81 (9) Miscellaneous. A home occupation shall be subject to all business tax
82 provisions defined in Part II of the City Code of Ordinances.
83
84 Section 3. Each and every other provision of the Land Development Regulations
85 not herein specifically amended, shall remain in full force and effect as originally adopted.
86 Section 4. All laws and ordinances applying to the City of Boynton Beach in
87 conflict with any provisions of this ordinance are hereby repealed.
88 Section 5. Should any section or provision of this Ordinance or any portion
89 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
90 affect the remainder of this Ordinance.
91 Section 6. Authority is hereby given to codify this Ordinance.
92 Section 7. This Ordinance shall become effective immediately.
93 FIRST READING this 7th day of July, 2020.
94SECOND,FINAL READING AND PASSAGE this day of ,2020.
95 CITY OF BOYNTON BEACH, FLORIDA
96 YES NO
97
98 Mayor—Steven B. Grant
99
100 Vice Mayor—Ty Penserga ✓
101
102 Commissioner—Justin Katz
103
104 Commissioner—Woodrow L.Hay
105
106 Commissioner—Christina L. Romelus
107
108 VOTE
109
110 ATTEST:
111 ,
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113 <., e
114 C r•stal Gibson,MMC
115 ity Clerk ig^{1
116
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117
118 (Corporate Seal)
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Code of Ordinances, Part III. Land Development Regulations, Chapter 3. Zoning, Article IV. Use
Regulations, Section 3.D, Use Matrix, Note#34
34. Home Occupation.
Home occupations shall be permitted subject to these specific regulations designed for
the protection of residential neighborhoods, where all of the activity takes place within a
structure, and where the principal use is for residential purposes. In order for any home
occupation to be permitted or continue to be permitted, the following performance
standards shall be agreed to in writing by the applicant and be maintained for the
duration of the occupational license:
(1) Compatibility. The residential character and integrity of the neighborhood
must not be disturbed and the occupational activity at the home shall not be noticeable
from off the premises.
(2) Size. A home occupation shall only be conducted within twenty percent
(20%) of the living area of the dwelling including interior halls, closets and storage areas,
but excluding garages, screened porches, accessory buildings or any similar space not
suited or intended as living quarters.
(3) On-site Restrictions. The home occupation shall be conducted at the
licensed approved address only by residents of that dwelling unit and one non-resident,
and shall only be the type of occupation which that does not involve client/customer
business visits to the home, and is typified by business transactions conducted by
telephone, mail, or off premises of the licensed addre.. (The giving of individual
instruction to one (1) person at a time, such as an art or piano teacher, shall be deemed
a home occupation).
(4) Performance Standards. No equipment or process shall be used in a home
occupation whichthat creates fumes, glare, noise, odors, vibration, or electrical
interference detectable to the normal senses off the lot, if the occupation is conducted
in a single family residence, or outside the dwelling unit if conducted in other than a
single family residence. In the case of electrical interference, no equipment or process
shall be used which creates visual or audible interference in any radio or television
receivers off the premises.
(5) Traffic. No traffic shall be generated by a home occupation in greater
volumes than would normally be expected in a residential neighborhood, and any need
for parking generated by the conduct of a home occupation shall be met by off-street
parking which complies with Chapter 4, Article VI.
(6) Storage. All storage of materials or supplies used in the home occupation
shall be done within the living area of the dwelling unit, within the space limitations
specified in subsection 2 above and shall not be visible from adjacent residential units.
Contractors, tradespersons and the like shall not use their home garage or yard areas for
storage of materials and supplies used in business activities.
(7) Signage. No sign or display shall be visible other than a non-illuminated
sign, not exceeding two (2) square feet in area, placed on the exterior wall of the
residence as close as practical to the front entrance.
(8) Parking. A panel, pick-up truck, van, or similar type of truck that complies
with the requirements of Chapter 14 of Part II, Code of Ordinances and used principally
for the subject home occupation, not to exceed a one (1) ton chassis configuration, may
be parked in a residential zoning district. However, such vehicle must be used by a
resident of the premises, and no more than one (1) such truck shall be located on each
plotthe premises.
(9) Miscellaneous. A home occupation shall be subject to all business tax
provisions defined in Part II of the City Code of Ordinances.