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HomeMy WebLinkAboutOrdinance_464_12/02/1993464 ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 355, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF TEQUESTA, AT SECTION X, RELATING TO SUPPLEMENTAL REGULATIONS, ITEM (L), SO AS TO PROVIDE RESTRICTIONS RELATING TO THE PARKING OF TRUCKS AND RECREATIONAL VEHICLES IN THE R-lA ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Ordinance No. 355, the Comprehensive Zoning Ordinance of the Village of Tequesta, is hereby amended at Section X, Paragraph (L) to read as follows: "(L) Commercial Vehicles and Trucks, Recreational Vehicles on Private Lots. (1) No commercial vehicles or trucks over three- • quarters (3/4) ton rated capacity, may be parked on any property or right-of-way within a residential area. (a) Residential areas include all areas within the village other than C-1, C-2, C-3 and R/OP. (b) This restriction shall not apply to the temporary parking of such vehicles on private property in residential districts whereon construction is underway for which a current and valid building permit has been issued by the Village of Tequesta and said permit is properly displayed on the premises. (c) This restriction shall not apply to routine deliveries by tradesmen or the use of trucks in making service calls, providing that such time period is actually in the course of business deliveries or servicing, as the case may be. (d) This restriction shall not apply to the parking of emergency vehicles, provided that the time parked is actually necessary for the emergency. Further, the restriction shall not apply to volunteer emergency vehicles driven by residents of the Village of Tequesta and parked on their property. • (e) This restriction shall not apply to a situation where such vehicle becomes disabled and, as a result of such emergency, is required to be parked within a residential district for longer than the time allowed herein. However, any such vehicle shall be removed from the residential district within twenty-four (24) hours by wrecker towing, if necessary, regardless of the nature of the emergency, and the cost of such towing shall be at expense of the owner of the vehicle. (2) Construction equipment, panel trucks, pickup trucks, vans, or similar types of trucks used for commercial purposes of not over three-quarters (3/4) ton rated capacity, recreational boating and camping equipment in the form of travel and camping trailers, boat trailers, boats on trailers and truck trailers designed and used as temporary living quarters for recreation, boating, camping or travel uses, parked on a lot containing a single-family residence in the R-1, R-2 and R-3 Zoning Districts within the Village, shall be parked subject to the following conditions: (a) The equipment described in this subsection must be owned by and used primarily by a resident of • the premises; provided, however, that a guest of the resident of the premises may park such equipment in the front yard driveway for not more than three (3) consecutive days in any fourteen day period. For the purpose of this subsection, any part of a twenty-four hour period, measured from midnight to midnight, shall be considered as one (1) day. (b) The location for such parked equipment shall be in the rear yard or in the side yard to the rear of a line established by the front building line adjacent to the side yard where the equipment is located; provided, however, that such equipment is effectively screened on three (3) sides against direct view from abutting properties. A person who reasonably attempts to comply with the screening described herein by planting and maintaining a hedge which will become an effective screen in a reasonable period of time, not to exceed two (2) years, shall not be in violation of this subsection. Further, this subsection is not to be construed as requiring screening from direct view from the street in front of the lot. • 2 • (c) Any of the vehicles herein may be parked which is effectively sides; provided, howev vehicle or equipment roof line. or equipment described in a garage or carport screened on three (3) ~r, that no portion of the shall extend beyond the (d) Such equipment and the area of parking shall be maintained in a clean, neat and presentable manner, and the equipment shall be in usable condition at all times. (e) Such equipment shall at all times have attached a current vehicle registration license plate and, if required, a current inspection sticker. (f) No major repairs or overhaul work on such equipment which constitutes either a public or private nuisance shall be made or performed on the site. (g) When parked on the site, such equipment shall not be used for living or sleeping quarters or for housekeeping or storage purposes and shall not have attached thereto any service connection lines, except as may periodically be required to • maintain the equipment and appliances. (h) None of the vehicles or equipment described herein may be parked in the area between the street lot line and the structure nor in the right-of-way in front of the structure; however, one (1) of the vehicles described herein may be parked in the front yard driveway for a cumulative period not exceeding four (4) hours in any one (1) twenty-four hour period. (i) These restrictions shall not apply to the parking of emergency vehicles, provided that the time parked is actually necessary for the emergency. Further, the restrictions shall not apply to volunteer emergency vehicles driven by residents of the Village of Tequesta and parked on their property. (j) The provisions and conditions set forth in subsection (2) above are not intended to regulate the parking of vans or similar types of vehicles only used for personal transportation rather than commercial purposes. • 3 • u (k) In the case of doubt as to the proper classification of a specific vehicle under the terms of this subsection, the determination by the Motor Vehicle Commission of the State of Florida shall be controlling. The body description and classification on the motor vehicle certificate of title shall be prima facie evidence of such determination. (3) In the R-lA Zoning District of the Village, the parking of trucks, tractors, trailers, buses, mobile homes, campers, motor homes, boats, recreational boating and camping equipment in the form of travel and camping trailers, boat trailers, boats on trailers and truck trailers are prohibited from parking on any lot or right- of-way, unless adequately screened or fenced on at least three (3) sides so as not to be visible from any roadway, waterway, or golf course. For purposes of this section "trucks" shall mean trucks of not over three-quarters (3/4) ton rated capacity, either commercial or noncommercial, and shall include panel trucks, pickup trucks and other trucks, but shall not include passenger vans or panel vans with side passenger windows and rear passenger seats, or four wheel drive vehicles, such as Ford Explorer, Bronco and similar vehicles. In all other respects the vehicle classifications of the Florida Motor Vehicle Commission shall control. Any vehicle with commercial lettering on its side is deemed to be a commercial vehicle; unless the lettering is on a removable sign which is removed when the vehicle is parked. The parking of trucks of more than three- quarters (3/4) ton rated capacity is prohibited within this zoning district pursuant to the provisions of subsection (1) hereof. In addition the following conditions shall apply: (a) The equipment described in this subsection must be owned by and used primarily by a resident of the premises; provided, however, that a guest of the resident of the premises may park a motor or mobile home in the front yard driveway for not more than twenty-four hours in any thirty (30) day period while the owner or driver thereof visits the home of the lot owner. (b) The exceptions set forth hereof shall be applicable described in this subsection, in subsection (1) to the vehicles • 4 . (c) The location for such parked equipment shall be in the rear yard or in the side yard to the rear of a line established by the front building line adjacent to the side yard where the equipment is located; provided, however, that such equipment is effectively screened in the manner described in this subsection (3). A person who reasonably attempts to comply with the screening described herein by planting and maintaining a hedge which will become an effective screen in a reasonable period of time, not to exceed two years, shall not be in violation of this subsection. (d) Any of the vehicles or equipment described herein may be parked in a garage or carport which is effectively screened on three (3) sides; provided, however, that no portion of the vehicle or equipment shall extend beyond the roof line and that the equipment is screened in a manner described in this subsection. (e) Such equipment and the area of parking shall be maintained in a clean, neat and presentable manner, and the equipment shall be in usable condition at all times. • (f) Such equipment shall at all times have attached a current vehicle registration license plate and, if required, a current inspection sticker. (g) No major repairs or overhaul work on such equipment which constitutes either a public or private nuisance shall be made or performed on the site. (h) When parked on the site, such equipment shall not be used for living or sleeping quarters or for housekeeping or storage purposes and shall not have attached thereto any service connection lines, except as may periodically be required to maintain the equipment and appliances. (i) None of the vehicles or equipment described herein may be parked in the area between the street lot line and the structure nor in the right-of-way in front of the structure; however, one (1) of the vehicles described herein may be parked in the front yard driveway for a cumulative period not exceeding four (4) hours in any one (1) twenty-four hour period." 5 • (4) Any part or the whole of this section may be waived by the village council on the filing of a written application for such action setting forth the reasons for the request. Such application must set forth a hardship on the part of the applicant, and granting of the request by the village council must be based on the hardship. (5) Any person violating the provisions of this subsection shall, upon conviction, be fined a fee of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for each violation and for each day such violation continues. Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember Collings who moved its adoption. The Ordinance was seconded by Councilmember Schauer and upon being put to a vote, the vote was as follows: FOR ADOPTION William E. Burckart Ron T. P~Iackail Elizabeth A. Schauer Earl L. Collings AGAINST ADOPTION • 6 The Mayor thereupon declared the Ordinance duly passed and adopted this 2nd day of December 1993. MAYOR OF TEQUESTA ~~ Ron T. Mackail ATTEST: Village Cler JCR\131530RD\R1A.REC • 7