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21-032I 2 ORDINANCE NO. 21- 032 3 4 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. 13 14 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 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And Ch 3) Home -Based Businesses - Ordinance.Docx 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: 51 52 53 54 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And Ch 3) Home -Based Businesses - Ordinance.Docx 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 3 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And Ch 3) Home -Based Businesses - Ordinance.Docx Indu Residential Commercial Mixed -Use stria I Misc P= Permitted C= m Conditional a a a p a Q m Q V C= > N > M > et > V > D u W Accessory a a C in a CL oc RESIDENTIAL & LODGING Home P P P P P P P P P P P P P 34 34 34 34 34 34 34 34 34 34 34 34 34 Based Business 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 3 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And Ch 3) Home -Based Businesses - Ordinance.Docx 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. S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And Ch 3) Home -Based Businesses - Ordinance.Docx 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 132 133 134 (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, S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And Ch 3) Home -Based Businesses - Ordinance.Docx 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 176 YES NO 177 178 Mayor — Steven B. Grant ✓ 179 180 Vice Mayor —Woodrow L. Hay 181 182 Commissioner—Justin Katz ✓ 183 184 Commissioner —Christina L. Romelus c/ 185 186 Commissioner — Ty Penserga 187 188 VOTE 6 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And Ch 3) Home -Based Businesses - Ordinance.Docx 189 ATTEST: 19 1911 1 ?Cr�ystal, Gibs M C 1 y Clerk 194 195 (Corporate Seal) D # itCOFFC?A?c0 ti S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And Ch 3) Home -Based Businesses - Ordinance.Docx