The Port Orange Planning Commission approved a Land Development Code text amendment to Chapter 16 to align the city code with revisions in Florida statutes that limit local regulation of home-based businesses.

Penny, planning staff, told the commission the change is “really just a cleanup amendment.” She said the state revisions “limit what local governments can do as far as regulation of home based businesses,” and the amendment removes provisions the city can no longer enforce while preserving authority over certain impacts.

The amendment keeps local authority to collect business taxes and to restrict the number of nonresident employees working at a home business. It also preserves the city’s ability to regulate storage of heavy equipment, traffic so it does not exceed typical residential levels, the residential character of neighborhoods, and hazardous or noxious materials. Penny summarized that the city “cannot regulate . . . specific type of uses” that were previously in the code.

During public comment, Robert Ryan Hicken, a Port Orange resident, asked whether homeowners associations could create rules that effectively bar home businesses and whether an HOA could be formed to drive a business out of a neighborhood. A staff member replied that enforcement of HOA covenants is a private matter and that the city enforces its own rules; staff noted HOA rules must comply with state law.

Commissioners asked questions and made brief comments but repeatedly noted the change was driven by state law. The commission took an approval motion and the clerk called a roll; the motion passed with all members voting yes.

The action was a text amendment to the Land Development Code (case number DCAM-25-0001). The amendment clarifies which home-based business regulations remain enforceable by the city and which are preempted by Florida statutes. No change to business taxation authority or the process for enforcing allowed restrictions was described in the meeting.