HomeMy WebLinkAboutDocumentation_Workshop_Tab 01_01/04/2016 � C�L�Rt3ETT WH1TE
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0'� DAVIS ;��u A5� I7�L�N, i�;�.
KEITH W. DAVIS
ATTORNEY AT LAW
13onrd Ccrtifiid in Cih�, Coiinti/m��1 Lu�uf Goaeruiurrrt Luzo
MEMORANDUM
TO: Mayor Brennan, Vice Mayor Arena, Council Members D'Ambra, Okun and
Paterno
CC: Manager Couzzo, Clerk McWilliams
FROM: Attorney Davis
DATE: November 20, 2015
RE: Agenda Item — Second Reading of Ordinance 24-15; Boat Screening Code
The following describes in detaii the above referenced agenda item:
As directed at First Reading of this ordinance, I have eliminated the eight (8) foot gate
option; I have clarified that hedge material can be used as a screening device; and I have
� prohibited chain link from being considered a screening device under any circumstances.
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� In addition, based on a drive through the Village with Code Compliance Officer Petrick, as
' well as discussions with him and the Village Manager, I have added an additional
requirement that boats on trailers stored in the residential zones be no longer than 30 feet
and no taller than 10 feet — excluding such things as "T-tops", antennas and outriggers.
This additional language would address the situation that currently exists at the North
entrance to the country club. Note that similar boat size restrictions can be found in other
"boating community" codes.
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ORDINANCE NO. 24-15
AN ORDINANCE OF THE VII.,LAGE COUNCIL OF TI�E VII..LAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC,
AT ARTICLE llI. PARKING, STOPPING OR STANDING, BY
AMENDING DIVISION 2. "PARI�NG OF COMMERCIAL VEffiCLES,
TRUCK5 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 DEFINITIONS FOR THE TERMS
"EFFECTIVELY SCREENED ON THREE SIDES", AND "FULLY
SCREENED"; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF CHAPTER 46. SHAI.L REMAIN IN
FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING
A CONFI.ICTS 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, 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, a.nd 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
VII..LAGE OF TEQUESTA, FLORIDA, THAT:
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Section l: Chapter 46. Motor Vehicles and Traffic. of the Code of Ordinances of the
Village of Tequesta is hereby amended at �lrticle II1. Parking, stopping or standing, Division ?.
"Parkiiig o1� Conunercial Vehicles. Trucks and Recreational Velucles"; at Section 46-71, to
provide a defiinition for the term "effectively screened on three sides"; and at Sections 46-73 and
�6-74, 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:
ART[CLE III. - PARKING, STOPPING OR STANDING
DNISION 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 tl�e
meanings ascribed to them in tlus section, except where the context clearly indicates a
different meaning:
Car•poy�i means space for the housing or stol•age of vehicles and enclosed on not
more than two sides by walis.
Comnaer�cical vehicle means any vehicle of any nature which is used or designed or
intended to be used far hire or in the fiirtherance of corrunerce, v�rork 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.
Effecti>>elv screened on three sides means screenin� that conceals from view the
� items bel�Id the screenili� device ul relatioiisluu to anv space wl�ere public view is
normal and customarv (e.�. ti•om a sidewalk or street, fiom a�olf co�irse or from a
waterwav that is accessible ro the ptiblic), oiz tlu�ee of the Cotu� sides of the screened items.
Eftective screenin� can be accon�l lished with ve<retative (hed«el material or with tences
or walls. The rei7uired hei�ht of such s creenin� shall be U�irs to the 1�nlicable code
section in tl�is Division. �ffective screens mtist also be oUaaue, and must ilot alLow anv
"throu�h-view" of t11e itein bein� screened. To this end chain-link fence material shall
not be considered to provide effecti��e screenin<7 under anv circums tances.
Fullv scr•eeszecl means screenin� that conceals from view the items behind the
screenin� device in relationship to any snace where public view is normal and customarv
(e a from a sidewalk or street from a�olf course or from a �vaterwav that is accessible to
the nublicl on all four of the four sides of the Screened items. Full screenin� can be
accomUlisl�ed with ve�etative (hed�el inaterial or � with tences or walls. The reaLiired
hei�ht oP such screenin� shall be nursuant to th a nnlicable code section in this Division.
Full screenin� must be op aQUe aud m ust not allow an� "throu<7h-view" of thc ite;m bein�
screeneci_ To this end chain llnk fence material shall_not be considered to arovide full
screenin� under anv circumstances.
Garage, privc�te 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 tlie storage of motor
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vehicles and in which no business, occupation or service for profit is in any way
conducted.
Motor home. See Travel trarler.
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, ar 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
i 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 sha11 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 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 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 sha11 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;
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provided, however, that sucl� equipmeut is full � screened on a11 four sides
against direct view from abutting properties as well as the stl•eet in fi�ont of
the subject lot, as follows: Boats on trailers mav be no lon�er that 30 feet.
and excludiu�� items such a"T-tops," antennas and outri��ers, no hi�her
than ] 0 feet off the �round. Such boats on trailers shall be screened to six
feet in hei�ht *'�° *��^ ^{ +',° ����•����^�°. All other vehicles shall be screened
to the top of the vehicle. Required screening shall be in place immediately
�lpon the commencement of parki�lg of any such vehicle. If vegetation is
utilized for any portion of required screening, all such ve�;etation shall be
suppoi with landscape irrigation. For the screening of boats on trailers;
however, screening by use of vegetation shall be deemed in compliance
with this requirement i f, within two weeks of the commencement of
parking of the boat on trailer, five gallon sized cocoplum (or equivalent),
is planted in sufficient c�uantity Co form the required screening upon
grov��th to maturity.
(3) Any of the ��ehicles or equipment described in this section may be parked
iu an enclosed private garage or fully screened carport; provided, however,
that no portion of the vehicle o1• equipment shall extend beyond tlle
roolline.
(4) The screening requirements set forth above shall apply only to vehicles
that had not been lawfiilly parked and sci•eened prior to the adoption of the
ordinance from whicl� this code was derived. Any vehicle which would
otherwise be subject to the screening requirements of this division, but
wlucl� had been lawfully parked on the subject lot prior to the adoption of
the ordinance from which this code was derived (prior to .iuly 10, 2014) in
compliance with prior screening regulations shall be subject to such prior
regulations which gene�rally required such veliicles to be "effectively
screened on three sides."
� (5) All vehicles a�id equipmenC parked pursuant to Chis section, and the area
I trtilized for parking shall be maintained in a clean, neat and presentable
� mamler, and the vellicles and equipment shall be in usable conditioil at all
times.
(6) All vehicles and eqiiipment parked pursuant to this section shall at all
times have attached a cunent vehicle registration and/or license plale as
required by law, and if required, a ctirrent inspection sticker.
(7) No major repairs or other work on any vehicles or equipment shall be
made ar performed while such vehicles or equipment are parked pursuant
to this section.
(8) Vehicles and eguipment parked pursuant to this sectiou shall not be used
for living or sleeping quarters or for housekeeping or stot•age pwposes and
shall not have attached thereto an,y service comlection 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 tl�e area between the street loi line and the structure or iu the
right-o�P way adjacent to the subject lot; however, one such vehicle o�•
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piece of� equipment may be parked in the �fi•o»t drivewa}� for a cumulative
period not exceedin� four houes in any one 24-how• period.
(10) No more than two vehicles or pieces of eqLiipment regulated by
this section may be parked on any one residential lot at any one time.
(11) The eYCeptions set forth in section 46-72 shall be appiicable to the
vehicles and equipment parked pursuant to this section and shall not count
toward 1he two vehicle lin�it.
(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 oz• intended to be used for cominercial
purposes_
(13) In the case of doubt as to the proper classification of a specific
vehicle �uider 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-quarter5 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 puisuant 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 ior not more than three consecutive days in
any 30-day period. For the purpose of this suhsection, any part of a 24-
; hour period, measured ti•om midnight to midni�;ht, shall be considered as
� one day.
� � The location far such pai vehicles and equipnient shall be ii1 the rear
� yard or in the side yard to the rear of a line established by lhe front
building line adjacent to tlie side yard where the equip�nent is located;
� provided, however, that such equipment is fullv screened on all four sides
so as not to be visiblc from abutting properties, any roadway, waterway, or
golf course, as follo�vs: Boats oil trailers mav_ be no loil�er t hat 30 Feet.
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� anci_exeludin� itenls_.such a"T-to� antennas ana ouiri��ers n� hi�he�
than 10 feet oFf the �>round. Such boats on trailers shall be scl•eened to sis
feet in hei.�ht *',° *^^ ^{�''�° ^�����_'��°. All other velucles shall be screened
to the top of the vehicic. Rcquircd scrcening shall be in place immediately
I upon the couuliencement of parking of any such vehicle. If vegetation is
utilized for any portion of reqi�ired screening, all such vegetaiion shall be
supported with landscape irrigation. For the screening of boats on trailers;
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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 su�cient 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 shal.l extend beyond the roofline.
�4 The screening requirements set forth above shall apply only tv 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 Ju1y 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."
I �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 velvcles 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, vid 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.
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.
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1�3 In the case of doubt as to the proper classification of a specific
vehicte 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.
Seetion 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.
Seetion 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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