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.
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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.
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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
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3T 2023.