Lauren Pruss, AICP

Assistant Director of Community and Economic Development

Peter Schwarz, AICP

Director of Community and Economic Development

Case #CD22-07T “Text Amendment to Amend Home Occupation Regulations”

A Public Hearing to consider amending Chapter 24 of the Code Of Ordinances, Entitled “Land Development Code”, by specifically amending Article V, Section 24-75, entitled “Home Occupations,” to amend the regulations to conform with Section 559.955, Florida Statutes governing Home-Based Businesses by permitting certain home-based businesses and providing certain restrictions for parking, employees, signs, equipment, and aesthetics.

Issue Statement: In 2021, the State adopted the new Florida Statutes Section 559.955 regulating home based businesses.  The legislation limits the City's ability to regulate home based businesses, and as such, the City code Section 24-75 needs to be amended to conform with the new statute.

Recommended Action: The Planning and Zoning Board recommend that the City Commission adopt the attached Ordinance amending Article V, Section 24-75, entitled “Home Occupations,” to amend the regulations to conform with Section 559.955, Florida Statutes governing Home-Based Businesses by permitting certain home-based businesses and providing certain restrictions for parking, employees, signs, equipment, and aesthetics. 

The State adopted the new Florida Statutes Section 559.955 regulating home based businesses, which became effective July 1, 2021. This new statue determines how municipalities are able to regulate home occupations. To comply with this statute, the City needs to amend Section 24-75, which is the City's Land Development Code section regulating home based businesses.

To comply with recently adopted state requirements, as well as language to protect the residential character of the neighborhood, staff proposes the following text amendments to the City of Oakland Park Land Development Code as follows: 

1. A home based business shall be listed as a permitted use in the Master Business List to be permitted in a residence in a residential zone.  If the home based business is solely classified as a conditional use in the Master Business List, it will also require conditional use approval to operate in a residence in a residential zone.

2. Any home based business shall be subordinate to the property's residential use.

3. Signage and outdoor storage is to be prohibited at a home based business.

4. Parking requirements are provided for home based businesses with the requirement that 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. Heavy equipment storage is limited in accordance with State statutes.

5. Exterior modifications are required to maintain the residential character as determined by the Director or Community and Economic Development.

6. The number of non-household employees permitted at a home based business is limited to two or fewer.