HomeMy WebLinkAboutHandouts_Workshop_Tab 01_08/11/2009ORDINANCE NO. 11-08
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING.
AT ARTICLE IX. SUPPLEMENTAL REGULATIONS. AT
DIVISION 10. OCCUPANCY OR USE OF TEMPORARY
STRUCTURES, TRAILERS OR VEHICLES. BY AMENDING
SECTION 78-612.; TO CLARIFY CERTAIN REGULATIONS
REGARDING THE PARKING OF TRAILERS AND OTHER
SPECIFIC VEHICLES; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTER 78.
ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE,
A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; -
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, it has come to the attention of the Village Council that the
Village Zoning Code requires clarification regarding the parking of trailers and
certain other similar vehicles in the Village; and
WHEREAS, the Village Council desires to adopt such revisions to the
Village's Zoning Code in order to make such clarifications; and
WHEREAS, the Village Council believes the code amendments contained
in this ordinance will be in the best interests of the Citizens of the Village of
Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village
of Tequesta is hereby amended at Article IX. Supplemental Regulations. Division
10. Occupancy or Use of Temporary Structures, Trailers or Vehicles. by
amending Section 78-612. to clarify regulations regarding the parking of trailers
and other similar vehicles in the Village; providing that Section 78-612. shall
hereafter read as follows:
Sec. 78-612. Other uses.
(a) The intermittent or continual placement, parking, standing or
utilization of any trailer, travel trailer or temporary structure} or vehicle used for
storage purposes shall be prohibited in all zoning districts, except where the
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placement, parking, standing or utilization of such trailer, travel trailer, temporary
structure or vehicle used for storage purposes is specifically allowed by Code.
(b} Portable Storage Units (PSUs) shall be allowed in all residential
zoning districts and in residential areas in mixed use zoning districts so long as
the following conditions are met:
(1) PSUs must be placed on driveways or approved parking
areas; and
(2) PSUs are allowed at a location for no more than fourteen
(14) calendar days per placement with no more than two (2)
placements per year.
(c) PSUs shall be allowed in non-residential zoning districts so long as
the following conditions are met:
(1) PSUs are only allowed in conjunction with and during the
duration of a valid building permit; and must be removed
prior to the issuance of a certificate of occupancy; and
(2) PSUs shall be placed in an area approved by the Building
Official but are not allowed to be located in aright-of--way,
easement, landscape buffer or drainage area; and
(3) PSUs shall be located in such a manner so as not to create
a pedestrian or vehicular traffic hazard.
(d) A permit must be secured prior to the placement of a PSU. The
permit fee shall be in the amount of the minimum permit fee as set forth in
Appendix C of the Village Code of Ordinances, as may be amended from time to
time.
Section 2: Each and every other section and subsection of Chapter 78.
Zoning. shall remain in full force and effect as previously enacted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
Section 4: Should any Section or provision of this Ordinance or any
portion thereof, any paragraph, sentence or word be declared by a Court of
competent jurisdiction to be invalid, such decision shall not affect the validity of
the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon
passage.
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U~,o~~ Firsf F?eading Etii~ 3``' ;gay t~f May ~~Jfa~; ,he faregoir~g ~rc~inance was offer{-~~~ #~U
~ unci' Mernbe:~ Paterno who maned its adc~ptio The rr~c~tic~t~ was seconded by ~~~~-
Mayor Trare~cfuest ar~d upon being put tc a vote the vote v,~as as fellows:
~~ayer ~~af Wafw.ins
Vice-Mayor Galvin Tr~rnguest
~c~urcil Memk~er-1linc-e Arena
~u,~7cil Member ~i~om Paternc~
C:c~unci! Member Jim Hr~mpa~e
~a~r Aclt~ption Against Rdaption
X
X
i.fpon Second Reading tt;is 1~t" day t~f June ~t148, the foregoing, ~rdinar~ce was offered
by Council Member Humpage who moved its adaptiQ€~ The mefion was secor7ded, by
G~unuil Member Paterna and upon being. puf to a vote; the vt~te was as fcl{ows:
~t~r At~option Against Adcapi~an
Mayor fat Watkins X
Vice-Mayor Calvin Turnquesf
~ounci! Member Vince Arena
council Member Tom Paferno~
Cc~unci! Member Jim Hurripage
The Mayc,r hereupon declared the Ordinance duly passed and adopfed this 1~~`~ day of
,fuse; 20Q8.
MAY~?R QF TEQUESTA
ATTEST.
Lori McWilliams, GMC~ -----
Village Clerk
Pat Watkins
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l`f~xt7Y IfH411tttt
ZONING
shall not,- for purposes of this chapter, be consid-
ered asubdivision. However, if a property be-
comes the subject of a lot split subsequent to the
adoption of the ordinance from which this chapter
is derived, any subsequent lot split involving the
same parcel or parcels of land shall be subject to
the subdivision requirements set forth in chapter
66.
Submerged land means land lying in or below
the public waters of the state waterward of the
mean high-water line.
Substantial improvement means any repair,
reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50 percent of
the assessed value of the structure as established
by the county property appraiser's office either (i)
before the improvement is started; or (ii) if the
structure has been damaged and is being re-
stored, before the damage occurred. Substantial
improvement is started when the first alteration
of the structural part of the building commences.
The term does not, however, include any project
for improvement of a structure required to comply
with existing health, sanitary, or safety code spec-
ifications which are solely necessary to ensure
safe living conditions, or any alteration of a struc-
ture listed on the National Register of Historic
Places or the state inventory of historic places.
Swimming pool means any structure designed
for swimming, wading or other aquatic recre-
ational purposes, capable of containing a body of
water 18 inches or more in depth and 40 square
feet or more of water surface area, and with the
top edge of the pool not to exceed two feet above
average finished grade.
Temporary use. See Use, temporary.
Terrace means an open porch without a perma-
nent roof.
Theater means a building, or part of a building,
devoted to showing motion pictures, or for dra-
matic, musical or live performances.
Three-foot mean low-water line means the line
formed by the intersection of a plane three feet
below the tidal plane of mean low water with the
shore.
§ 78-4
Timeshare means the use of any residential
dwelling unit under which the exclusive right of
use, occupancy or possession of such unit circu-
lates among various occupants in accordance with
a fixed time schedule on a periodically occurring
basis for a period of time established by such
schedule.
Townhouse means asingle-family dwelling con-
structed in a series or group of attached units
with property lines separating each unit.
Trailer means a separate vehicle, not driven or
propelled by its own power, but drawn by some
independent power, to include any portable or
movable structure or vehicle including trailers
designed for living quarters, offices, storage, or
for moving or hauling freight, equipment, ani-
mals, or merchandise of any kind, including boats,
boat trailers, swamp buggies, half-trucks and the
like.
Travel trailer and recreational vehicle mean
any vehicle or structure designed and constructed
in such manner as will permit occupancy thereof
as sleeping quarters for one or more persons, and
so designed that it is or may be mounted on
wheels and used as a conveyance on streets or
highways, propelled or drawn by its own or other
motive power. Such vehicles or structures shall
have a body width not exceeding eight feet, and
may be of any length provided the gross weight
does not exceed 4,500 pounds, or may be of any
weight provided the body length does not exceed
29 feet.
Trim. See Structural trim.
Turret shall mean a little tower.
Two family dwelling. See Duplex.
Use means the purpose or activity for which
land or any building thereon is designed, ar-
ranged, or intended, or for which it is occupied or
maintained.
Use, accessory, means a use which:
(1) Is subordinate to and serves a principal
structure or a principal use;
(2) Is subordinate in area, extent, and pur-
pose to the principal structure or use
served;
Supp. No. 3 CD78:29
ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY
AMENDING THE DEFINITION OF "COMMERCIAL VEHICLE" AT
SECTION 78-4., ADDING A NEW SECTION 78-613. TO PROVIDE FOR
WAIVERS, AND BY AMENDING SECTIONS 78,612, 78-641, 78-642, 78-
643 AND 78-644 TO PROVIDE REVISED REGULATIONS AND
PENALTIES REGARDING THE PARKING AND PLACEMENT OF
TRAILERS, TRAVEL TRAILERS, COMMERCIAL VEHICLES AND
TRUCKS; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUB-SECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN
FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING
A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, it has come to the attention of the Village Council that the Village code
requires revision regarding the parking of ±railers, ±ravel trailers, commercial vehicles and trucks
in certain circumstances, as well as the penalties and enforcement mechanisms for violations of
such regulations; and
WHEREAS, the Village Council desires to adopt such revisions to the Village's zoning
code; and
WHEREAS, the Village Council believes the code amendments contained in this
ordinance will be in the best interests of the Citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article I. in General. by amending Sec. 78-4. Definitions. at the definition
for the term "commercial vehicle"; providing that the definition of "commercial vehicle" shall
hereafter read as follows:
Comfnercial vehicle means any vehicle of any nature which is used for hire or for profit
or that either contains markings showing or advertising the commerce. trade or industry in which
the vehicle is used. or has a rated capacity over three-quarters ton (GVWR in excess of 8.800
boundsl. or is eauinbed to draw asemi-trailer. or has three (31 or more axles.
1
Section 2e Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Sec. 78-612. Other uses. To provide revised regulations regarding the
parking or placement of trailers, travel trailers and the like; providing that Section 78-612 shall
hereafter. read as follows:
Sece 7~-6120 ®ther usese
(a) The intermittent or continual placement, parking, standing or utilization of any
trailer, travel trailer or temporary structure; shall be
prohibited in all zoning districts, except where the placement, parking, standing or utilization of
such trailer, travel trailer or temporary structure is
specifically allowed by Code. Villa e-owned vehicles placed, narked or utilized on villa~e-
owned pronertv or in the normal course of nrovidin~ services to the citizens of the village are
exempt from the requirements of this chanter.
(b) In the C-1. C-2. C-3 and MU zoning districts only. trailers and travel trailers may
/~ be placed or narked upon the same parcel of land which contains the lawful. permitted
commercial use to which they are associated in the normal course of said commercial use. Such
placement or narking shall at all times be out of public view. Outside of normal business hours
i5:0i p.m. through 8:~y a m 1 such trailers and travel trailers may not be placed or parked
adiacent to the rights of wav along the front of said parcel or in an oven exposed off street
parking facility.
`'~ {b) ~ Portable Storage Units (PSUs) shall be allowed in all residential zoning dis cts
and in residential areas in mixed use zoning districts so long as the following conditions are met:
(1) PSUs must be placed on driveways or approved parking areas; and
(2) PSUs are allowed at a location for no more than fourteen (14) calendar
days per placement with no more than two (2) placements per year.
(e~ ~d PSUs shall be allowed in non-residential zoning districts so long as the following
conditions are met:
(1) PSUs are only allowed in conjunction with and during the duration of a
valid building permit; and must be removed prior to the issuance of a
certificate of occupancy; and
(2) PSUs shall be placed in an area approved by the Building Official but are
not allowed to be located in aright-of--way, easement, landscape buffer or
drainage area; and
(3) PSUs shall be located in such a manner so as not to create a pedestrian or
vehicular traffic hazard.
{~} ~e A permit must be secured prior to the placement of a PSU. The permit fee shall
be in the amount of the minimum permit fee as set forth in Appendix C of the Village Code of
Ordinances, as maybe amended from time to time.
2
Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended by adopting an entirely new Sec. 78-613. which shall read as follows:
ec. 7~-613. Waivers: reauirement : itigation: enforcement.
(a) An owner of anv commercial or mixed use property which. by virtue of being fully
develo ed prior to the adoption of these reeulations. makes it impossible to comply with
~arkina reauirements set forth in this Division. may apply for a waiver of the
reauirements for parking of trailers and travel trailers by filing a written request with the
Director of Community Development. The written reauest must include the following
components:
1. An explanation of why compliance with the reauirements for parking of trailers
and travel trailers is not possible
2. A site plan depicting the proposed alternative locations for on-site trailer and
travel trailer parkin.
3. A proposal for mitieation. which may include screening with landscaping or other
appropriate material.
4. A legal descrlptioil of the property for which the waiver is l5ein~ i•euuested.
(b) The Village's Commercial Parking Review Committee _("_CPRC"1_shall be composed of
the Director of Community Development and the Chief of Police and shall review the
written reauest for waiver and make the following findings:
1. Whether the applicant has included all reauired elements as set forth in parasraph
a above.
2. Whether the impossibility claimed by the applicant is self created or in the
alternative. is due to site conditions which otherwise prevent compliance with the
Village's reauirements for parkine of trailers and travel trailers.
3. Whether the proposed mitigation is sufficient to protect nei~liborina properties. as
well as the general public. from the impacts which would be created by the
granting of anv waiver.
(c) If the CPRC determines that the written reauest for waiver contains all the reauired
components. and that the impossibility of compliance claimed by the applicant is not self
created and that the proposed mitigation is sufficient or with modification would be
sufficient to protect neighboring properties as well as the general public from the impacts
which would be created by the granting of any waiver then the Director of Community
Development shall meet with the applicant to review the reauest for waiver and finalize
the alternative locations for on-site trailer and travel trailer parking as well as the
mitigation plan.
(d) A written waiver. explaining the impossibility of compliance. _depicting the approved
locations for on-site trailer and travel trailer narking and the agreed upon mitigation plan
shall_be prepared by the Director of Community Development and shall be signed by the
applicant and the Director of Community Development on behalf of the CPRC. The
written waiver shall be kept on file at the office of the Director of Community
Development and a copy shall be provided to the applicant.
(e) The terms and conditions of anv waiver that is eranted may be enforced by the Village
code enforcement special macistrate or by anv other means allowed by law. and the
written waiver shall so state.
(f) Anv owner of commercially zoned or commercial area of mixed use zoned property
a ~eved by the decision made by the CPRC regarding their application for a parkin
waiver may appeal the decision to the. Village Manager by filing a written request within
ten 101 days of receipt of the decision of the CPRC explaininc the reasons for the appeal
with particularity. The decision of the Village Manager shall be rendered within ten (10
days of receipt of the appeal and shall be final.
Secs. 78-~ 14 - 78-640. Reserved.
Section 4: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Sec. 78-641. Penalty. to provide for a new title and to provide for fines by
citation for violations of this division; providing that Section 78-641 shall hereafter read as
follows:
Sec. 78-641. E~a~ Enforcement.
Any person found to be in violation of ~~g the provisions of t~s divisions 10 or 11 of this
article shall upon citation. .,1 ~ ~~*~~r ~~ "„~ '- a ~a~a ~~*~ ' ' ^ be required to pay
~ 1Y~1V ~1V11~ VV 1/Klll J11F+
a fine in an amount set by resolution of the village council. which amount maybe amended from
time to time. This entire chapter of the code of ordinances may also be enforced by any means
allowed by law.
Section 5: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Sec. 78-642. Parking of certain vehicles prohibited in residential areas. to
provide revised regulations regarding the parking of trucks and commercial vehicles; providing
that Section 78-642 shall hereafter read as follows:
Sec. 78-642. Regulation of the parking of certain r ' ers. travel trailers, commercial end
other vehicles
(a) No commercial vehicles or trucks over three-quarters ton rated capacity 8 800
GWVR maybe parked on any property or right-of--way within a residential area. Such vehicles
ma only be parked in commercial zoning districts or commercial areas of mixed use zoning
districts during normal business hours (9:00 a.m. through 5:00 p.m.l as necessary for the
com letion of business activity. and outside of normal business hours (5:01 p.m. through 8:59
a.m.l such that they are neither adiacent to the rights of way alone the front of said commercially
or mixed use zoned parcel or in an open. exposed off street parking facility. Such placement or
marking shall at all times be out of public view. Additionally, no trailer. travel trailer. vehicle or
4
any tune of motor vehicle may be barked anywhere in the Village except where the parking of
such vehicle is specifically allowed by code.
(b) For purposes of divisions 10 and 11 of this article, residential areas include all
areas within the village other than C-1, C-2, C-3, commercial areas of developments located in
M-U and R/OP.
(c) ~i-s The restriction on the~arkin~ of commercial vehicles or trucks over three-
auarters ton rated capacity (8800 GWVRI in residential areas shall not apply to the following:
1. 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 and such permit is properly displayed on the premises.
\ul 1111) 1VJL11V L1V
2. routine deliveries by tradesmen or the use of commercial vehicles or trucks in
making service calls, providing that such time period is actually in the course of business
deliveries or servicing, as the case maybe.
`V~ 1111J 1 VJLl ll. L1 V1
3. the parking of emergency vehicles, provided that the time parked is actually
necessary for the emergency. Further, the restriction shall not apply to ~~
emergency vehicles driven by residents of the village and parked on their property.
L{] TL.;~ ,- ~,-: ~•~, X1,.,11 „,.* ., ,-,1., ~.,
C17 1111) 1 VJL11Ci ~
4. an emer~encv 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 in this section. However, any such vehicle shall be removed from the
residential district within 24 hours by wrecker towing, if necessary, regardless of the
nature of the emergency, and the cost of such towing shall be at the expense of the owner
of the vehicle.
5. the placement. parking or utilization of village-owned vehicles on village owned
ro ert or in the normal course of rovidin services to the citizens of the villa e.
(d) Waivers. See Sec. 78-613 which shall apply to parking requirements for commercial
vehicles as set forth in this section. in the same manner a parking reauirements for trailers and
travel trailers as set forth in Sec. 78-612.
Section 6: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Sec. 78-643. R-l, R-2 and R-3 districts. to provide revised regulations
regarding the parking of trucks and commercial vehicles; providing that Section 78-643 shall
hereafter read as follows:
Sec. 78-643. R-1, R-23 a~ R-3 ~d Residential Areas of MU districts.
Construction equipment, commercial vehicles as defined in Sec. 78-4. „~„°1 *„~„1.~,
p}e~up-t~c~c~s or s~-„~1~-- *~M°~ °~ *--~°l~~ other vehicles used for commercial purposes e€
whether or not over three-quarters ton rated capacity (8,800 GWVRI, recreational boating and
camping equipment in the form of travel and camping trailers, boat trailers is on trailers and
---.--,
truck trailers, designed and used as temporary living quarters for recreation, boating, camping or
travel uses, parked on a lot containing asingle-family residence in R-1, R-2 and R-3 zoning
districts within the village, shall be parked subject to the following conditions:
5
(1) The equipment or vehicles described in this section 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 or vehicles in the front yard driveway for not more than three consecutive
days in any 14-day period. For the purpose of this subsection, any part of a 24-hour period,
measured from midnight to midnight, shall be considered as one day.
(2) 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 sides against
direct view from abutting properties. A person who reasonably attempts to comply with the
screening described in this subsection 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. Further, this subsection is not to be construed as requiring screening from
direct view from the street in front of the lot.
(3) Any of the vehicles or equipment described in this section may be parked in a garage or
carport which is effectively screened on thr i es; ovided, however, that no portion of the
vehicle or equipment shall extend beyond th r~ oo ne.
(4) Such equipment, vehicles and the area o par ing shall be maintained in a clean, neat and
presentable manner, and~~-~~~•~N~°r* shall be in usable condition at all times.
(5) Such equipment or vehicles shall at all times have attached a current vehicle registration
license plate and, if required, a current inspection sticker.
(6) No major repairs or overhaul work on such equipment or vehicles which constitutes either a
public or private nuisance shall be made or performed on the site.
(7) When parked on the site, such equipment or vehicles 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.
(8) None of the vehicles or equipment described in this section may be parked in the area
between the street lot line and the structure or in the right-of--way in front of the structure;
however, one of the vehicles described in this section may be parked in the front yard driveway
for a cumulative period not exceeding four hours in any one 24-hour period.
(9) 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
~~~ emergency vehicles driven by residents of the village and parked on their property.
(10) The provisions and conditions set forth in this section are not intended to regulate the
parking of personal use vehicles only used for personal transportation
rather than commercial purposes.
(11) In the case of doubt as to the proper classification of a specific vehicle under the terms of
this section, the determination by the state motor vehicle commission shall be controlling. The
body description and classification on the motor vehicle certificate of title shall be prima facie
evidence of such determination.
6
Section 7< Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Sec. 78-644. R-lA district. to provide revised regulations regarding the
parking of trucks and commercial vehicles; providing that Section 78-643 shall hereafter read as
follows:
Sec. 78-644. R-lei district.
In the R-lA zoning district of the village, the parking of ~s commercial vehicles as
defined in Sec. 78-4, 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 is prohibited on any lot or right-of--way unless
adequately screened or fenced on at least three sides so as not to be visible from any roadway,
waterway, or golf course. ~e~o~es-e~t~.rJCCa~-t1~8-terin"~cr~a'Ek"'~z^'-ctrl--i"ir°cc'~ta=ciE~CS-fliir^v+c
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~'""`°- t,°'~'°'° °°~~~~~~°~ ~'~ " '. 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 ton rated capacity
is prohibited within this zoning district pursuant to the provisions of section 78-642. In addition
the following conditions shall apply:
(1) The equipment or vehicles described in this section 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 24 hours in any 30-
dayperiod while the owner or driver thereof visits the home of the lot owner.
(2) The exceptions set forth in section 78-642 shall be applicable to the eauipment or vehicles
described in this section.
(3) The location for such parked equipment or vehicles 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 or vehicle is located; provided, however, that such equipment or vehicle is effectively
screened in the manner described in this section. A person who reasonably attempts to comply
with the screening described in this section 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 section.
(4) Any of the vehicles or equipment described in this section may be parked in a garage or
carport which is effectively screened on three si ; - vided, however, that no portion of the
vehicle or equipment shall extend beyond the roofline d that the equipment or vehicle is
screened in a manner described in this section.
(5) Such equipment, vehicles and the area of parking shall be maintained in a clean, neat and
presentable manner, and the equipment or vehicles shall be in usable condition at all times.
(6) Such equipment or vehicles shall at all times have attached a current vehicle registration
license plate and, if required, a current inspection sticker.
(7) No major repairs or overhaul work on such equipment or vehicles which constitutes either a
public or private nuisance shall be made or performed on the site.
7
(8) When parked on the site, such equipment or vehicles 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.
(9) None of the vehicles or equipment described in this section may be parked in the area
between the street lot line and the structure or in the right-of--way in front of the structure;
however, one of the vehicles described in this section maybe parked in the front yard driveway
for a cumulative period not exceeding four hours in any one 24-hour period.
purnoses.
111 In the case of doubt as to the proper classification of a specific vehicle under the terms of
this section. the determination by the state motor vehicle commission shall be controlling. The
bod description and classification on the motor vehicle certificate of title shall be prima facie
evidence of such determination.
Section 8: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 9: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 10: Should any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 11: Specific authority is hereby granted to codify this Ordinance.
Section 12: This Ordinance shall become effective immediately upon passage.
FIRST READING this day of , 2009.
SECOND AND FINAL READING this day of , 2009.
Upon First Reading this
day of , 2009, the foregoing Ordinance was offered by
who moved its adoption. The motion was seconded
by
follows:
and upon being put to a vote, the vote was as
For Adoption
Mayor Pat Watkins
Vice-Mayor Tom Paterno
Against Adoption
8
Council Member Vince Arena
Council Member Jim Humpage
Council Member Calvin Turnquest
Upon Second Reading this day of , 2009, the foregoing Ordinance was offered
by who moved its adoption. The motion was
seconded by ,and upon being put to a vote, the vote
was as follows:
For Adoption Against Adoption
Mayor Pat Watkins
Vice-Mayor Tom Paterno
Council Member Vince Arena
Council Member Jim Humpage
Council Member Calvin Turnquest
The Mayor thereupon declared the Ordinance duly passed and adopted this
2009.
MAYOR OF TEQUESTA
ATTEST:
Lori McWilliams, CMC, Village Clerk
Y:\docs\Tequesta\Ordinances\2009\Commercial Vehicle.doc
Mayor Pat Watkins
9
day of