Loading...
HomeMy WebLinkAboutOrdinance_41-13_06/12/2014 ORDINANCE NO. 41-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC, AT ARTICLE III. PARKING, STOPPING OR STANDING, BY CREATING AN ENTIRELY NEW DIVISION 2. TO BE ENTITLED "PARKING OF COMMERCIAL VEHICLES, TRUCKS AND RECREATIONAL VEHICLES "; RELOCATING AND UPDATING SAID REGULATIONS FROM CHAPTER 78 ARTICLE IX, DIVISION 11; AND ALSO RELOCATING AND UPDATING RELEVANT DEFINITIONS FROM CHAPTER 78 ARTICLE 1; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 46. 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, the Village Council of the Village of Tequesta desires to amend the Village Code of Ordinances at Chapter 46. Motor Vehicles and Traffic, Article III. Parking, stopping or standing, by creating an entirely new Division 2. To be entitled "Parking of Commercial Vehicles, Trucks and Recreational Vehicles ", and relocating and updating applicable regulations from Chapter 78 Article IX, Division 11; and also relocating relevant definitions from Chapter 78 Article 1, all in order to organize and consolidate the Village's vehicle related codes; and WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the Village amend its motor vehicle and traffic ordinance as stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 46. Motor Vehicles and Traffic. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article III. Parking, stopping or standing, by creating an entirely new Division 2. To be entitled "Parking of Commercial Vehicles, Trucks and Recreational Vehicles "; relocating and updating said regulations from Chapter 78 Article IX, 1 Division 11; and also relocating relevant definitions from Chapter 78 Article I; providing that Chapter 46 Article III shall hereafter read as follows: ARTICLE III. - PARKING, STOPPING OR STANDING DIVISION 1. GENERALLY Sec. 46 -61. - Parking violation fines. Sec. 46 -62. - Parking on swales. Sec. 46 -63. - Parkin on n Tequesta Oaks Drive. Sec. 46 -64. — Off street parking in eg neral. Secs. 46- 65--46 -69 90. - Reserved. Sec. 46 -62. - Parking on swales. (a) It shall be unlawful to stand, stop or park any motor vehicle, boat, trailer, or machinery upon the swale areas adjacent to Tequesta Drive within the corporate limits of the village. (b) It shall be unlawful to stand, stop or park any motor vehicle, boat, trailer, or machinery upon the unpaved swale areas adjacent to Country Club Drive, Riverside Drive, County Line Road and Seabrook Road within the village between the hours of 1:00 a.m. and 6:00 a.m. (c) The owner of any such vehicle found guilty of violating the provisions of this section shall be subject to punishment in accordance with section 1 -14 and the parking violation fines as set forth in section 46 -61. Sec. 46 -63. — Parking on Tequesta Oaks Drive. (a) It shall be unlawful to stand, stop or park any motor vehicle, boat, trailer or machinery upon any portion of Tequesta Oaks Drive within the village between the hours of 1:00 a.m. and 6:00 a.m. (b) The owner of any such vehicle found guilty of violating the provisions of this section shall be subject to punishment in accordance with section 1 -14 and the parking violations fines as set forth in section 46 -61 Sec. 46 -64. — Off street parking in general. The requirements of Chapter 78, Article X regarding off street parking shall be complied with, as applicable, throughout the Village. Secs. 46- 65-46 -69 99. - Reserved. DIVISION 2. PARKING OF COMMERCIAL VEHICLES, TRUCKS AND RECREATIONAL VEHICLES Sec, 46-70. Purnose. Sec, 46-71. Definitions. Sec. 46 -72. Parking of certain commercial vehicles and trucks prohibited in residential areas. 2 Sec. 46 -73. Parking of certain commercial vehicles and recreational vehicles in R -1, R -2 and R -3 districts. Sec 46 -74 Parking of certain commercial vehicles and recreational vehicles in the R -IA district. Sec. 46 -75. Off - street narking requirements. Sec. 46 -76. Waivers. Secs. 46-77--46-96, See, 46 -70, Purpose The purpose of the regulations in this division is to protect the public welfare. reserve the residential character of the residential zoning districts of the village, and enhance the aesthetic appeal of the village. Sec. 46-71, Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Carport means space for the housing or storage of vehicles and enclosed on not more than two sides by walls. Commercial vehicle means any vehicle of any nature which is used or designed or intended to be used for hire or in the furtherance of commerce, work or for profit. Any vehicle that has commercial lettering, markings or advertising shall be considered to be a commercial vehicle unless the lettering, markings or advertising is on a removable or concealable sign which is removed or concealed when the vehicle is parked. Garage, private means a building or space used as an accessory to or a part of a main building permitted in any residence district, and providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted. Motor home. See Travel trailer. Recreational vehicle means a vehicular type unit primarily designed for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailers, camping trailers truck campers. buses, motor homes, boats, boat trailers, private motor coaches, van conversions, park trailers, fifth wheel trailers and all- terrain vehicles 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, animals, or merchandise of any kind, including boats, boat trailers, swamp buggies. half - trucks and the like. Travel trailer means 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 a body length not exceeding 45 feet. 3 Truck means any motor vehicle designed, used or maintained for transporting or delivering property or material used in trade or commerce in general, including any motor vehicle having space designed for and capable of carrying property, cargo, or bulk material and which space is not occupied by passenger seating but shall not include passenger vans or panel vans with side passenger windows and rear passenger seats, or sort utility vehicles such as Jeep Grand Cherokee and similar vehicles. Vehicle means any self - propelled conveyance designed for and used for the purpose of transporting or moving persons, animals, freight, merchandise. or any substance, and shall include passenger cars, trucks, buses, motorcycles, and scooters, and recreational vehicles. Sec. 46 -72. Parking of certain commercial vehicles and trucks prohibited in residential areas• Ua No commercial vehicles or trucks over three - quarters ton rated capacity may be parked on any property or right -of- -way within a residential area, subiect to the exceptions listed below. (b For pumoses of this division. residential areas include all areas within the village other than C -1. C -2, C -3, and R/OP. Cc) This restriction shall not apply to the temporary, daytime parking of such vehicles on private property in residential districts upon which construction is underway and for which a current and valid building permit has been issued by the village d such permit is properly displayed on the premises. This restriction shall not apply to 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 may >i; Ue 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 and parked on their property. (f 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 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. Sec, 46 -73. Parking of certain commercial vehicles, trucks and recreational vehicles in R -1. R -2 and R -3 districts. Commercial vehicles, trucks and trailers of not over three - quarters ton rated capacity, and recreational vehicles, parked on a lot containing a single - family residence in R -1. R -2 and R -3 zoning districts within the village, shall be parked subject to the following conditions: W The vehicles and equipment parked pursuant to 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 4 home in the driveway for not more than three consecutive days in any 30- d ay period. For the purpose of this subsection, any part of a 24 -hour pe riod, measured from midnight to midnight, shall be considered as one day. 2� The location for such narked vehicles and 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 screened on all four sides a gainst direct view from abutting properties as well as the street in front of the subject lot. Boats on trailers shall be screened to the top of the gunwale. All other vehicles shall be screened to the top of the vehicle. Required screening shall be in place immediately upon the commencement of parkins of any such vehicle. If vegetation is utilized for any portion of required screening, all such vegetation shall be supported with landscape irrigation. For the screening of boats on trail however, screening by use of vegetation shall be deemed in compliance with this requirement if, within two weeks of the commencement of parking of the boat on trailer, five gallon sized cocoplum (or equivalent), is planted in sufficient quantity to form the required screening upon growth to maturity. M Any of the vehicles or equipment described in this section may be parked in an enclosed private garage or fully screened caroort: provided, however, that no portion of the vehicle or equipment shall extend beyond the roofline. 4� The screening requirements set forth above shall apply only to vehicles that had not been lawfully narked and screened prior to the adoption of the ordinance from which this code was derived. Any vehicle which would otherwise be subject to the screening requirements of this division, but which had been lawfully narked on the subject lot prior to the adoption of the ordinance from which this code was derived (prior to July 10, 2014) in compliance with prior screening regulations shall be subject to such prior regulations which generally required such vehicles to be "effectively screened on three sides." M All vehicles and equipment narked pursuant to this section, and the area utilized for narking shall be maintained in a clean, neat and presentable manner, and the vehicles and equipment shall be in usable condition at all times. f All vehicles and equipment parked pursuant to this section shall at all times have attached a current vehicle registration and /or license plate as required by law, and if required, a current inspection sticker. M No major repairs or other work on any vehicles or equipment shall be made or performed while such vehicles or equipment are parked pursuant to this section $M Vehicles and equipment parked pursuant to this section shall not be used for living or sleeping quarters or for housekeeping or storage purposes and 5 shall not have attached thereto any service connection lines, except as may periodically be required to maintain such vehicles and equipment. (9 No vehicle or niece of equipment parked pursuant to this section may be parked in the area between the street lot line and the structure or in the right-of-way adjacent to the subiect lot: however, one such vehicle or piece of equipment may be parked in the front driveway for a cumulative period not exceeding four hours in any one 24 -hour period. 1U0 No more than two vehicles or pieces of equipment regulated by this section may be parked on any one residential lot at any one time. ( LD The exceptions set forth in section 46 -72 shall be applicable to the vehicles and equipment parked pursuant to this section and shall not count toward the two vehicle limit. 1U2 The provisions and conditions set forth in this section are not intended to regulate the parking of vehicles only used fo r personal transportation and not used or intended to be used for commercial purposes. 1m 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. Sec, 46 -74, Parking of certain commercial vehicles and recreational vehicles in the R -IA di is Commercial vehicles, trucks and trailers of not over three- quarters ton rated capacity. and recreational vehicles, narked on a lot containing a single - family residence in R -1 A zoning district within the village, shall be parked subject to the following conditions: 1W The vehicles and equipment narked pursuant to this section must be caned 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 home in the front driveway for not more than three consecutive days in any 30 -day period. For the purpose of this subsection, any part of a 24- hour period, measured from midnight to midnight, shall be considered as noeda• 0 The location for such parked vehicles and equipment shall be in the rear yard or in the side yard to the rear of a line established by the front building line adiacent to the side yard where the equipment is located provided, however, that such equipment is screened on all four sides so as not to be visible from abutting properties, any roadway, waterway, or golf course. Boats on trailers shall be screened to the top of the gunwale. All other vehicles shall be screened to the ton of the vehicle. Required screening shall be in place immediately upon the commencement of parking of any such vehicle. If vegetation is utilized for any portion of required screening, all such vegetation shall be supported with landscape irrigation. For the screening of boats on trailers: however, screening by 6 use of vegetation shall be deemed in compliance with this requirement if within two weeks of the commencement of parking of the boat on trailer five gallon sized cocoplum (or equivalent), is planted in sufficient quantity to form the required screening upon growth to maturity. 3 Any of the vehicles or equipment described in this section may be parked in an enclosed private garage: provided, however, that no portion of the vehicle or equipment shall extend beyond the roofline. 4 The screening requirements set forth above shall apply only to vehicles that had not been lawfully parked and screened prior to the adoption of the ordinance from which this code was derived. Any vehicle which would otherwise be subiect to the screening requirements of this division, but which had been lawfully parked on the subject lot prior to the adoption of the ordinance from which this code was derived (prior to July 10, 2014) in compliance with prior screening regulations shall be subject to such prior regulations which generally required such vehicles to be "effectively screened on three sides." 5� All vehicles and equipment parked pursuant to this section, and the area utilized for parking shall be maintained in a clean, neat and presentable manner, and the vehicles and equipment shall be in usable condition at all times. LO All vehicles and equipment parked pursuant to this section shall at all times have attached a current vehicle registration and/or license plate as r guired by law, and if required, a current inspection sticker. (7 No maior repairs or other work on any vehicles or equipment shall be made or performed while such vehicles or equipment are parked pursuant to this section 08 Vehicles and equipment parked pursuant to this section shall not be used for living or sleeping quarters or for housekeeping or storage p=oses and shall not have attached thereto any service connection lines, except as may periodically be required to maintain such vehicles and equipment 0 No vehicle or piece of equipment parked pursuant to this section m_ ay be parked in the area between the street lot line and the structure or in the right- of -wav adiacent to the subject lot: however. one such vehicle or p iece of equipment may be parked in the front driveway for a cumulative p eriod not exceeding four hours in any one 24 -hour period. 10 No more than two vehicles or pieces of equipment regulated by this section may be parked on any one residential lot at any one time. 1u1 The exceptions set forth in section 46 -72 shall be applicable to the vehicles and equipment parked pursuant to this section and shall not count toward the two vehicle limit. (12) The provisions and conditions set forth in this section are not intended to regulate the parking of vehicles only used for personal transportation and not used or intended to be used for commercial purnoses. 1� 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 7 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. Sec. 46-75, Off-street parking requirements_ Vehicles and equipment regulated by this division that are parked on property not in a right -of -way must be narked on a designated parking area pursuant to the parking space requirements of Secs. 78 -692 and 78 -693. The parking surface material requirements referenced above shall apply only to vehicles that had not been lawfully parked and screened prior to the option of the ordinance from which this code was derived. Any vehicle which would otherwise be subject to the parking surface requirements of this division, but which had been lawfully parked on the subject lot prior to the adoption of the ordinance from which this code was derived (prior to July 10, 2014) in compliance with prior regulations shall be subject to such prior regulations which generally allowed such vehicles to be parked on gravel or other non- living landscape material surface. Sec. 46 -76. Waivers. Any hart or the whole of this division 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. No waiver grante d pwm to this section may violate or in any way be contrary to any requirement of Chapter 78 Article XII. Flood Damage Prevention. Secs. 46- 77- 46 -90, Reserved. Section 2: Each and every other Section and Subsection of Chapter 46. Motor Vehicles and Traffic. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict 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 take effect immediately upon passage. 8 Upon Second Reading this 12 day of June2014, the foregoing Ordinance was offered by Council Member Okun who moved its adoption. The motion was seconded by Vice -Mayor Arena and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Abby Brennan X Vice -Mayor Vince Arena X Council Member Steve Okun X Council Member Tom Paterno X Council Member Frank D'Ambra X The Mayor thereupon declared the Ordinance duly passed and adopted this 12 day of June 2014. MAYOR OF TEQUESTA igail B ennan ATTEST: U�.� • G ORPO ' 9 Lori McWilliams, MMC = -�A►:�n Village Clerk cn� O� 4, 19`�••••P,,��' , 9