HomeMy WebLinkAboutDocumentation_Regular_Tab 23_11/12/2015 � CORBETT WH TE
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KEITH W. DAVIS
ATTORNEY AT LAW
[iom•d Certiry'ed in Cit�. Corrnh� nnd I.oin! Gut�ernmr�it f nzv
MEMORANDUM
TO: Mayor Brennan, Vic� Mayor Arena, Council Members D'Ambra, Okun and
Paterno '
CC: Manager Couzzo,��McWilliams,
FROM: Attorney Davis q ,
DATE: November 3, 201 ��, '�, ���
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RE: Agenda Item — Boat Screening Code Revisions
The following describes in detail the above referenced agenda item:
As directed by the Council at its November 2, 2015 meeting, I have prepared this ordinance to
revise screening requirements for storage of boats on trailers in the R-1A, R-1, R-2 and R-3
Zoning Districts. As directed, the proposed language eliminates all reference to boat gunwales,
and instead provides that a 6 foot tall screen (fence, wall or vegetation) is sufficient in terms of
height. The draft language also provides for an 8 foot gate, but I received conflicting comments
during the drafting process on this point.
The ordinance also proposes new definitions for "effectively screened on three sides" which
applies to grandfathered boat storage; and "fully screened" which applies to all others.
ORDINANCE NO. 24-15
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
AMENDING DIVISION 2. "PARKING OF COMMERCIAL VEHICLES,
TRUCKS AND RECREATIONAL VEHICLES" AT SECTIONS 46-73 AND
46-74 TO REVISE SCREENING REQUIREMENTS FOR BOATS ON
TRAILERS IN ZONING DISTRICTS R-lA, R-1, R-2 AND R-3; AND AT
SECTION 46-71 TO PROVIDE A DEFINITION FOR THE TERM
"EFFECTIVELY SCREENED ON THREE SIDES"; 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 IIL Parking, stopping ar
standing, Sections 46-73 and 46-74 to revise the screening requirements for boats on trailers in
the R-lA, R-1, R-2 and R-3 zoning districts, and to define the term "effectively screened on
three sides"; and
WHEREAS, during a Village Council workshop meeting on November 2, 2015, Village
residents in the boating community, who are directly affected by these regulations, offered
supportive comments for the proposed revisions contained in this ordinance; and
WHEREAS, the Village Council of the Village of Tequesta, having heard the comments
from Village residents, as well as Village staff regarding this issue, 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 code as set forth in this ordinance.
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, Division 2.
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"Parking of Commercial Vehicles, Trucks and Recreational Vehicles"; at Section 46-71, to
provide a definition for the term "effectively screened on three sides"; and at Sections 46-73 and
46-74, to revise the screening requirements for boats on trailers in the R-lA, R-1, R-2 and R-3
zoning districts; providing that Sections 46-71, 46-73 and 46-74 shall hereafter read as follows:
ARTICLE III. - PARKING, STOPPING OR STANDING
DIVISION 2. PARKING OF COMMERCIAL VEHICLES, TRUCKS AND
RECREATIONAL VEHICLES
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.
Effectivelv screened on three sides means screening that conceals from view the
items behind the screenin� device in relationshin to anv snace wher nublic view is
normal and customarv (e.g. from a sidewalk or street. from a�olf course or from a
waterwav that is accessible to the publicl on three of the four sides of the screened items.
Effective screenine can be accomnlished with vegetative (hedsel material or with fences
or walls. Since the ma�cimum allowed fence/wall/�ate hei�ht in Teauesta is six (61 feet
Sec. 78-284), a six (6) foot hi�h screen shall be considered to be effective in terms of
heisht. However, for movable sates that nrovide access to the stora�e area, and
notwithstanding Sec. 78-284, the maximum hei�ht mav be increased to ei�ht (81 feet.
Effective screens must also be onaaue. and must not allow anv "throu�h-view" of the
it m bein� screened. To this end, chain-link fence material shall not be considered to be
an effective s�reenin� device unless nronerlv installed and mainta.ined slats or canvas
tyne coverin�s, snecificallv manufactured for use with chain-link fences, are utilized in
coniunction with the chain-link fence to create an onaaue screen.
Fullv screened means screenin� that conceals from view the items behind the
screening device in relationshin to anv snace where nublic view is normal and customarv
Le.s. from a sidewalk or street. from a golf course or from a waterwav that is accessible to
the nublicl. on all four of the four sides of the screened items. Full screenine can be
accomnlished with ve�etative lhedge) material or with fences or walis. The reauired
height of such screening sha11 be pursuant to the anolicable code section in this Division
Full screening must be obaaue and must not allow anv "throu�h-view" of the item bein�
screened. To this end. chain-link fence material shall not be considered to nrovide full
screenins under anv circumstances.
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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 (ATVs).
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
ma.nner 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.
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
sport 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. 46-73. 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 subj ect to the
following conditions:
(1) 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
home in the 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 one
day.
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(2) 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 adjacent to the side yard where the equipment is located;
provided, however, that such equipment is fullv screened on all four sides
against direct view from abutting properties as well as the street in front of
the subject lot, as follows: Boats on trailers shall be screened to six feet in
hei ti however, for movable �ates that nrovide access to the boat storage
are the maximum hei�ht mav be increased to ei�ht (8) feet.
notwithstandin� Sec. 78-284 which �enerallv limits fence hei�ht to six (61
feet �*�� ��*'�° �-••�--�°'°. All other vehicles shall be screened to the top
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 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 or fully screened carport; 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 subject 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.
(6) 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.
(7) 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.
(8) Vehicles and equipment parked pursuant to this section 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 such vehicles and equipment.
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(9) No vehicle or piece 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 subject 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.
(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.
(11) The exceptions set forth in section 46-72 sha11 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 nat
intended to regulate the parking of vehicles only used for personal
transportation and not used or intended to be used for commercial
purposes.
(13) 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-lA
district.
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-lA zoning district within the village, shall be parked subject to the following
conditions:
1� 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
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
one day.
2� 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 adjacent to the side yard where the equipment is located;
provided, however, that such equipment is fullv screened on all four sides
so as not to be visible from abutting properties, any roadway, waterway, or
golf course, as follows: Boats on trailers shall be screened to six feet in
hei�ht: however. for movable sates that nrovide access to the boat storaEe
area. the maximum heieht mav be increased to ei�ht (81 feet,
notwithstandin� Sec. 78-284 which �enerallv limits fence hei�ht to six (61
feet t'�° +^^ ��*'�° �-„�•„��� All other vehicles shall be screened to the top
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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 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 subject 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 equiprnent 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.
�6 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.
�7 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.
�8 Vehicles and equipment parked pursuant to this section 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 such vehicles and equipment.
9� No vehicle or piece 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 subject 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.
1�0 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.
1�1 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.
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1�2 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
purposes.
1�3 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.
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.
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