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1995-02 Home Occupational LicensesORDINANCE N0.02-95 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PROVIDING FOR HOME OCCUPATIONS AS PERMITTED USES WITHIN DWELLING UNITS IN ALL RESIDENTIAL DISTRICTS OF THE VILLAGE; PROVIDING A DEFINITION OF HOME OCCUPATION; REQUIRING OCCUPATIONAL LICENSES FOR HOME OCCUPATIONS; PROVIDING STANDARDS FOR THE LOCATION AND OPERATION OF HOME OCCUPATIONS IN RESIDENTIAL DISTRICTS; REQUIRING AFFIDAVITS OF APPLICANTS FOR OCCUPATIONAL LICENSES FOR HOME OCCUPATIONS; PROVIDING THAT VIOLATION OF STANDARDS CONSTITUTES A CODE VIOLATION; PROVIDING FOR RIGHT OF APPEAL; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA: Section 1. Home Occupations as Permitted Uses. Home occupations shall be permitted uses within R-1 Single-family Dwelling District, R-2 Multiple-family Dwelling District and R-3 Apartment Dwelling District, and mixed-use Residential/Commercial PUDs. Section 2. Definition. Home occupation is defined to mean any activity for which an occupational license of the Village of North Palm Beach is required by law, which is conducted within a dwelling unit in a residential district. Section 3. Occupational License Required. It shall be a violation for any person to conduct a home occupation without first ' obtaining an occupational license therefor issued by the Village. The Public Service Department may impose reasonable conditions upon an occupational license issued for a home occupation for the purpose of insuring compliance with the standards set forth in Section 4. Section 4. Standards. Prior to the issuance of an occupational license and as continuing operational standards, home occupations shall comply with the following: (1) No person shall be employed in a home occupation who is not a permanent domiciliary' resident of the dwelling unit in which the home occupation exists. (2) The floor area within a dwelling unit devoted to a home occupation shall not exceed 25$ of the gross floor area of the dwelling unit excluding porches, garages, carports and other areas which are not considered living area. (3) The activities of a home occupation shall occur entirely within the dwelling unit, excluding accessory structures such as garages, carports and sheds. (4) There shall be no external evidence of the existence of a home occupation within a dwelling unit. Signs, displays, off street parking areas other than driveways normally required for residential use, or other advertising of any kind are prohibited. (5) No tangible goods or services of any kind shall be sold or transferred to a customer, consumer or client on the premises of a home occupation, excluding facsimile machine, telephone and /or postal transactions. -2- (6) A home occupation shall not create noise, vibration, glare, fumes, odors, dust, smoke or electromagnetic disturbances. No equipment or processes shall be used which create visual or audible interference in any radio or television receiver located nearby. No chemicals or chemical equipment shall be used, except those that are used for domestic or household purposes. No motor or engine power, other than electrically operated motors, shall be used in conjunction with such home occupation and the total horsepower of such permitted electrical motors shall not exceed three horsepower, or one horsepower for any single motor. ' (7) Vehicular and pedestrian traffic shall not be generated by a home occupation in a greater volume or a different vehicle type than the traffic typical in a residential neighborhood in the Village. (8) Deliveries of any kind required by and made to the premises of a home occupation shall not exceed one business delivery per day. (9) The giving of art, music or other instructions or lessons shall be limited to not more than two (2) persons at any one time. (10) Outdoor storage or any materials shall not be permitted. ' (11) The use of the premises for the home occupation 3 t shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall, under no circumstances, change the residential character thereof. Section 5. Affidavit of Aovlicant Required. An applicant for an occupational license fora home occupation shall at the time of application file an affidavit wherein the applicant: (1) agrees to comply with the standards set forth in this section; (2) agrees to comply with the conditions imposed by the department to insure compliance with such standards; (3) acknowledges that a departure therefrom may result in ' a suspension of termination of the occupational license; and (4) acknowledges that the Village shall have the right to reasonably inspect the premises upon which the home occupation is conducted to insure compliance with the foregoing standards and conditions, and to investigate complaints, if, any, from neighbors. Section 6. Violation of Standards or Conditions Deemed a Code Violation. Failure by a home occupation licensee to comply with the standards of this section and with the conditions imposed by the department shall be deemed a violation of this Code. Section 7. Anneals. An applicant for an occupational license whose application is denied for failure to meet the standards set forth in this section or who objects to any conditions imposed by the department may appeal the reasonableness of either to the -4- 1 Zoning Board of Adjustment which may direct that the license be issued with or without conditions or may modify, add to or delete the imposed conditions. Section 8. Repeal of Ordinances. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 9. Effective Date. This Ordinance shall be effective upon the date of passage. ' PLACED ON FIRST READING THIS 12th DAY OF January 1995. PLACED ON PUBLIC HEARING THIS 26th DAY OF January 1995. PLACED ON SECOND, FINAL READING AND PASSED THIS 26th DAY OF _ January 1995. MAYOR (Village Seal) ATfEuT: /y T/ /i i . /// .-~~~ vfr VILLAGE CLERK 1