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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 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-003XHome-Based Business) -Ordinance.Docx 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 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-003)(Home-Based Business) -Ordinance.Docx 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 , . . ti`% 1"�+i ��• rrtir'r . .... J0&AT"4!) e�C" rIt„ 113 <., e 114 C r•stal Gibson,MMC 115 ity Clerk ig^{1 116 ,rr 117 118 (Corporate Seal) S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 2ab03XHome-Based Business) -Ordinance.Docx 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.