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2023-13 Code Amendment - Home Based OccupationsORDINANCE NO. 2023-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL." OF CHAPTER 17, 'LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS," BY AMENDING SECTION 17-3, "HOME OCCUPATIONS," TO COMPLY WITH FLORIDA LAW; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the enaction of Chapter 2021-202, Laws of Florida, the Florida Legislature adopted Section 559.955, Florida Statutes, restricting the ability of local governments to regulate home-based businesses; and WHEREAS, Section 559.955, Florida Statutes, specifically prohibits the Village from enacting or enforcing any ordinance, regulation, or policy in violation of the restrictions set forth therein and allows any adversely affected current or prospective home-based business to file suit against the Village for a violation of the state -mandated restrictions and awards attorney's fees and costs to the prevailing party in any such action; and WHEREAS, the Village Council wishes to revise its restrictions applicable to home occupations to comply with the provisions of Section 599.955, Florida Statutes; and WHEREAS, the Village Council determines that the adoption of this Ordinance benefits the health, safety, and welfare of the residents of the Village of North Palm Beach. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing "Whereas" clauses are hereby ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Article VI, "Noise Control," of Chapter 19, "Offenses and Miscellaneous Provisions," of the Village Code of Ordinances as follows (additional is underlined and deleted language is stfi ke +4oug ): Sec. 17-3. — Home-based businesses oceupations. A business that operates from a residential property is permitted. A business is considered a home-based business if it operates, in whole or in part, from a residential property and meets the following standards: O Employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two emplovees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees who do not work at the residential dwelling. Page 1 of 5 Parking for the home-based business must comply with the provisions of article II, chapter 18 of the village code. Additionallv, the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted, and vehicles and trailers used in connection with the business must be parked in legalap rking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. O Parking or storage of heavy equipment at the home-based business shall not be visible from the street or neighboring property. For the purposes of this subsection, "heavy equipment" means commercial, industrial, or agricultural vehicles, equipment, or machinery. LQ External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood. As viewed from the street, the use of the residential dwelling shall be consistent with the uses of the residential areas that surround the property. O The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. f , The activities of the home-based business shall be secondary to the property's use as a residential dwelling_ f g� To that extent not inconsistent with the requirements of this section, all business uses and activities must comply with all village code standards and requirements, including the applicable noise regulations, and with the standards for permitted uses and structures for the zoning district in which the home-based business exists. Lh� All business activities shall comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids. Transient accommodations are not permitted as a home-based business except as expressly provided elsewhere in the village code. RMM .. _ . _ ■ ►� - - - • IRF Wj ■ Page 2 of 5 . - ► Y FAL ...IN MEW .. .. - -01 ri pq pq _ • • - • • v . . • .oamr MAI . sw• - • • . Y - • Y. . CM . . . . 1 • . MW . MIN A • _ _ _ Page 3 of 5 (7) Vehiettlaf and pedestfia-m traffie shall not be genefated by u reme oeeu »4iov. ire volume .or n diff-erent vohinlo typ the t -Fa e 44ypiea in n resides is nei hbofhoo in the village. illa e r� �+ �TII�VC['iTr1711� p'iTiCC�i. •• ■ • ■ ■ FINNITI• • • 11 • _ • • I I I---------- I I I r I • I I I / I • ■ • • • • __ • • � � • ■ • _ • � � MOM ov• • _ •_ - • • - • - N pffm P.P.W. • • • - • • • • _ • • • • • ■ afe her__Bci_zi_4__U_ hereby ey repeated-. herewith ` ro , Page 4 of 5 Section 3. The provisions of this Ordinance shall become and be made part of the Code of Ordinances for the Village of North Palm Beach, Florida. Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of the Ordinance. Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall be effective immediately upon adoption. PLACED ON FIRST READING THIS 10TH DAY OF AUGUST 2023. PLACED ON SECOND, FINAL READING (%-:-FLORIDA (Village SCh ATTEST: D TY VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: r VILLAGE ATTORNEY Page 5 of 5 3T 2023.