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.
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(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
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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
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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)
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