Florida Statute 559.955(3)(c) prohibits Fort Myers from regulating home-business customer traffic at standards stricter than those for a residence without a business. The activity must remain clearly incidental and subordinate to residential use under LDC § 118.3.4.C, but the city cannot ban customer visits, set numerical caps on visitors, or restrict hours beyond what applies to a residence.
Under Florida Statute 559.955, employees, customers, vehicles, and traffic at a home-based business are evaluated against the standard that they may not be 'greater in volume than would normally be expected at a similar residence where no business is conducted.' This is a comparative test — the city cannot impose a fixed numerical cap on customers, ban appointment-based client visits, or limit business hours unless the same restrictions apply to a non-business residence. Fort Myers LDC § 118.3.4.C requires that the home business remain clearly incidental and subordinate to the residential use, that the business area not exceed 15% of the dwelling's living area, and that no condition increase fire hazard or create incompatible nuisance impacts. Parking for clients must use the property's own driveway and legal on-street spaces fronting the home; clients cannot block neighbors' driveways. Traffic complaints are enforced by Code Enforcement but only to the extent the activity exceeds normal residential traffic — the burden is on the city to show non-residential intensity.
Code Enforcement action through Special Magistrate: fines up to $250/day for first offense, up to $500/day for repeat offenses. Any enforcement must be measured against the FS 559.955 comparative standard — restrictions stricter than those for a non-business residence are preempted.
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