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Council adopts ordinance updating home-based business rules to match state law

New Port Richey City Council · February 18, 2025
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Summary

New Port Richey approved a second-reading ordinance changing 'home occupations' to 'home-based businesses' to comply with Florida statute, clarifying allowable uses, zones and size limits; the change does not affect the state-regulated cottage food provisions, staff said.

New Port Richey—ity Council on Feb. 4 adopted the second reading of ordinance 2025-2315, overhauling local rules for businesses operated from residences to bring the city code into alignment with Florida law.

City planner Mr. Hall told the council the draft replaces the term "home occupations" with "home-based businesses" and removes a list of previously prohibited uses that the state statute no longer allows cities to ban. "What we have is this is amending our existing codes to bring our rules and codes into compliance with the state," Mr. Hall said. He reviewed clarifications on where such businesses may operate, allowable numbers of on-site employees, parking and accessory-structure considerations.

Mr. Hall said the ordinance does not change the state's cottage-food rules enacted under the "Home Sweet Home" statute, which allow small-scale cottage food businesses to operate without local licensing requirements. "This proposed ordinance does not pertain to the cottage food industry," he said, adding that cottage-food operators must still meet local safety standards for traffic, noise and signage.

Council members asked staff to confirm how the changes interact with an existing downtown overlay district that allows broader commercial use in that area; staff replied that the overlay remains separate and generally allows broader uses than a home-based-business rule. After brief discussion the council moved, seconded and approved the ordinance on second reading by voice vote.

The ordinance was described in the staff report as a compliance update and includes provisions for severability and codification. The council recorded a unanimous voice vote in favor.