HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 07_02/01/2016 �� ---`��-�-� �ORBETT WH(TE
1' � �� R��lV[S AN� f�SHTON f'.A.
KEITH W. DAVIS
ATTORNEY AT LAW
BonrA Certified in Cih�, Co��nt� nrrd Locnl Gover�unent Lnzu
MEMORANDUM
TO: Mayor Brennan, Vice Mayor Arena, Council Members D'Ambra, Okun and
Paterno
CC: Manager Couzzo, Clerk McWilliams
FROM: Attorney Davis
DATE: January 26, 2015
RE: Agenda Item — Second Reading of Ordinance 24-15; Boat Screening Code;
Alternative Ordinances
The following describes in detail the above referenced agenda item:
After First Reading of this ordinance, Council postponed Second Reading for additional
workshopping, which occurred in early January. As requested since the last workshop
meeting, I have prepared two (2) versions of this ordinance, both of which address revisions
to grandfather provisions, boat size, and other screening requirements. One version also
includes language that would allow for an eight (8) foot gate.
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. PARI�NG, STOPPING OR STANDING, BY
AMENDING DIVISION 2. "PARKING OF COMMERCIAL VEHICLES,
TRUCKS AND RECREATIONAL VEffiCLES" AT SECTIONS 46-73 AND
46-74 TO REVISE SCREE1vING REQUIREMENTS FOR BOATS ON
TRAILERS IN ZOIVING 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. 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, 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 tllree
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 a.mended at Article III. Pazking, stopping or standing, Division 2.
1
"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 rneaning:
.8oat means anv wat�rcraft vessel �vlxether or noi motorizecl• and includes bv iva�
�of examole anci n�t limitation,_ wltercr�ft wvith inboard or outboa�•d mators. nersona�
�vatercraft conunonlv kn own as wave-runners o�r 'e#-skis; an� manuallv �rovelled `res
sucil �s canoes. kayak� ar�d �addlsboards – -- — _
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 screenin� that conceals from view the
items behind the screenin� device in relationshiU to anv space where public view is normal
and customary (e.Q. from a sidewallc or street fro adiacent �ro�ert , from a olf course
o r from a waterwav that is accessible to the Uublicl, on three of the fotu sides of the
_—
screened iteins. Effecti�re scr _e i_ can be acco�nnt 4vith ve�etative fhe�e� material
� with tences or w•all The reauired hei�ht oi such screenin� shall be bursuairt to the
applicable code section in this Division Effective screens must also be o�que and nlust
not allow anv "throu�h-view" of the item bein� screened. To tlus end. cha iql-link Fer�
nin� unde3=an� circumstances.
Full� screened means screenin� that conceals from view the items behind the
screeiun� device in relationshiu to anv space w here aublic view is normal and customarv
—__
(e.�. from a sidewalk or street, t'rom adZacent_ from a golf course or from a
waterwav that is accessible to the nublic). on all four of the four sides of the screened items.
Full screenin� can be accomnlished with ve�etative (hed�el material or with fences or
walls. The reauired hei�ht of such screenin� shall be nursuant to the annlicable code
section in this Division. Full screenine must be onaaue and must not allow anv "throu�h-
view" of the item bein� screened To this end chain-linlc fence material shall not be
considered to nrovide full screenin� under anv circumstances.
2
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
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.
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 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
3
direct view from abutting properties as well as the street in front of the
s�ibject lot, as follows: Boats� ar�d boats on trailers niust be less than 33 feet
i n len� as ideiitifieti on t11e ve�sel re�istratic��i, arit� excli2dina item� siich a
"T-toi�s^ v�rinds4�ields�antennas and o�rtri��?ers, no hi�her thai� 10 f�e of�:
ihe �raund as ti�e Such boats or bo ts oi�
tra .ilers shall be screened to si� ieet ii� h ei�,�lit *�=�����T-� '�e��rii-o���.
t-Iozve��er, atld althott�l� tlie l���xi►ii�inl allotiv��i fence/c�a it�i
'TZ�e� is si _� i�et S�c. 7 �-�5�� Cai• mo��able ��tes tli�.t ��t•i�vic.�e acce
i o the sto��`a�e �re�. �t�d n ot�vitt�st��an clin � Sec. 7P-?��_ th�; �na�irr�iinz �l�;ial�t
1,zav_be i��cr�,��ecl to a���l�t (&� fe�t_ r'4ll 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 oii three sidcs." �dditiona�lv. if the �wner of such a
`:_�� ran�fathe�•ed" vehicle re taiaces sai "gran dfathere�"_yehicle �vith a_n�t
vehicle of the sa�ne �v�e_�e.�, a new� boat to r�t�lace �n old boat)�and tlia
is bath e ua ar smaller in sizc to the "�raiad�athered" ve �rad les thar�
3� feet in len�tl as identifis�l ni� t�e vessel re�istration, then such nev
vellicle i;►av as�ume the " an dfathered" statc�s af th� renlacecl ti�ehicle
"�lnder na circLimstances shall ar�y `�.�randfathe�•ed" vehicle stat��s transfer to
a new owne A"�rand.fatllered" vehicle ui�cie�� tllis �ara�ra�h_shall
los� it "�ran status in th� event tllat it is not narked p�irsuant to
tliis s�cYion fo� 90 or rnare coi�seeutive ciay s. �
(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.
4
(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.
(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 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 comrnercial 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 conta.ining 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
frorn 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 and o ts on trailers must be less than 33 feet in len�th
5
as id on tl�e_vessel re�istrati�n and ex�.l�tdin�.items su�h a°°T-tous."
�vincishielcts,_�s�tennas and ai�tr'�ers, ��a l�i�her than 10 feet off the �round'
�s_measured �i t he �.r�:�ce�it. bc�ats, �� b�atis on tr ai�e�-� sh�ll
be screened to six t eet i h ei��.. llt t-13�-to��-o-f—tl3�t�r��l�. Ho�n�e:vc r ���, , I
<�lt�lou_;__TI_,1 t_Iz e_nlaximum a llc�wee� te� hei Pub i�� �I�equesta is s ix�(i�
ieet St 7S ?��IL foc� nlotiable �T?tes tllat.�i,c i dc, � to the star area
-- -- --
��itid i��i�vi�hst�iizdi��� Sec. 78-?�'�-. �1�e it�a�.iYnut� �iei��it�nzav� be inereasect t
-- __ _ .___�.___ __._�__ -- - ----- __
ri��lt_(8� fec�t, 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; 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 thi•ee sides." Ac�ditionall�, if the awr�er of such �
"Qrand�tather vehicle renlaces said "�randfathered" vehiele with a new
ve lii�le af the sanle ty�e (e.�.. � n boat tc� re�lace ar� old boatl. aiid tha
is b o$� ec��.i�l or smaller in size to the vehicle, and less than
3_ feet in len�nh as identi�ed on the v�;ssel re�istrati then �.uch new
'-; ti�eliicle_ ma� assu�n the "�randfathered" status of ti�e re lp ace d_v_el�icle�
� �Jiide no eircutnstances shall anv "�ra.�dfatl�ered" vehicle st�.tus transfer tc
a�lew rc� ei� owner_A "�randfathe�ecl" vehzc�e under this�ara ra h shal�
lc�s its °` r �andfatherec�t" s in the event that it is n� �ked�urs�a_ant tc
- thrs section_ to� 9t�_or more cansecut�v� d�. s� �
5� f�ll vellicles ancl equipment p�rked 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.
� 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.
6
�7 No major repairs or other work on any vehicles or equipment sha11 be made
or performed while such vehicles or equipment are parked pursuant to this
section.
� 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 t No more than two vehicles or pieces of equipment regulated by this
section may be pazked 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.
12 The provisions and conditions set forth in this section are not
intended to regulate the pazking of vehicles only used for personal
transportation and not used or intended to be used for commercial purposes.
1�3 ln 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 talce effect immediately upon passage.
7
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 DEFINITIONS FOR THE TERMS
"EFFECTIVELY SCREENED ON THREE SIDES", AND "FULLY
SCREENED"; 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 5EVERABILITY 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 4b-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
&om 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.
1
"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 VEHICI,ES, 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:
,Borzt mea a��v �rai�r vessel whether or not motarized• aa�d includes bv wa
�of exainple aud not lia�iitation watercraft ruith inboard c�r outboa�d motor�• versona�
��vatercraft comrn l�riown as wave-run e r'et- ' d ma:nu 1 ro led ves Ls
__—_--- ---_ �
sa.�s:h as canoes� l��av�ks an�i �acicileboa�ds,
^ 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 commerciallettering, 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.
E fectivelv screened on three sides means screenine that conceals from view the
items behind the screenin� device in relationshit� to anv sp where public view is normal
and customarv (e � from a sidewallc or street �'rom a_; �ceaa# From a�olf course
— --- —
or from a waterway that is accessible to the »tdblic), on three of the four sides of th
— -- --- - — — - -- - _
sc,ie�,ned items �'f scree l�e ��;cotr� watli ve�etative ( �dae materia�
�i �ii f���ces_or wa17s. The reUUired hei�ht af such screenin� shall be pursuant to the
a�Ulicablc code sectioii in this Division. Effective screens must also be�aque, and must
not allow anv "throu�h-view" of the item beins screened. Ta this ea�d, el1«in-Iink fence
e -' - � under�nv cireut�st�nces.
Fullv screened means screening that conceals from view the items behind the
screening device in relationshib to anv space where �niblic view is normal and customarv
__
e.�. fiom a sidewalk or street._ from �j�cei�t �r��er from a�olf course or from a
waterwav that is accessible to the oublicl, on all four of the four sides of the screened items.
Full screenine can be accomnlished with ve�etative (hed�el material or with fences or
walls. The reauired hei�ht of such screenin� sha11 be pursuant to the annlicable code
section in this Division. Full screenine must be onaaue 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 screenin� under anv circumstances.
2
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 truiler.
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 inclucle 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 struciure 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
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 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 fiillv screened on all four sides against
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direct view from abutting properties as well as the street in fi•ont of the
subject lot, as follows; I�oats and boats on trailers ust be ��ss tl1�n 33 fee�
�n len�t�i as id�nti��d on th� vess�l re�istratic�n. and excl�di��� items such �
" T-to s." windsl�ields_ a.t�tenn a nd outri ers, no hi�I�er than 10 feet of
�i3e�.round as n��asi�red from the adiac�n�de. Such bc�ats. ar boats �n
'ler� shall be screened to six feet in hci�ht *'^°'^^ ^�*',^ ����,����'�. 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." �d�lit�or�a1 il o�vner o� such a
�`�.and�fathered'= vehi��.ie r�olaces said "�r.a vehicle witl� a new
v ehicle of tl�e san�e ty���a new bc�at to repla�e an old boatl. and tha�
i s ba�� or s in size to tlle "�randf�ther�d" vehicle, anc! l ess�h�.�rs
33 feet in lEn�ih as identi�ied on the vesseJ a•e istr�tion, the�� s�.ic11 ne
v� icle i� assuine the "�ra�sclfathez�ed" status flf the r_ e�
Uilder no circumstan�es s}lall ai� •an�fathered" vehicle stattks trans:fer tr�.
a new �t�o� o w��er. �l. "�ra�ldfathered" veh icle u nder �li%s �� 'anh s hal].
(ose iis `° zn t he event tha t_it is not ��ice te�
this sectir�� i=or 9� or ino conse�ut �l�
(5) All vehicles and equipn7ent parlced 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.
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(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.
(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 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 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-1 A 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, o�• golf course
as follows: Boats at�d boats on trailers 1nLa5t 1�e less th �� �_r i;et �n l �n � ,
as �_ert i�ipd u;� tlze ve ssel re 'stfi��ation_a e such a
v ��iz�ris_� e�_� s. _at� �n n�s ���� outr Ilo l than �_ f eet �#f the�ount
a;� rr�easz,ire�! i��zn ��11c � cl r�.c.�,n�� �icie. _����cll h��at5._c7a� boat� o�� trailcr4 shail
be sc��e�ned to si� t:cet in hei�lit �����'^" ^�'*"� b�^��•^�'°. f�ll 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.
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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." Additionallv, i� the own�r af such �
"g�ndfather�ci'" vehi�;le re�laces said "era�ic�fa vel�icle with a n e�r
eT�I�i�le �f r1_,e s�.rnP tV�� (e.Q., a��ew boat tca re�l�ce �� olcl b�at), ar:d ��a
;s 6oth ectual or smaller ii� size fi� tl�e `�randl�athered" vehicle, ared l�:ss than
?� feet in len�th as identiF'ied on ihe ves re istrat then such nei
c� ehicle �av �sst�me the "�randfat status �o� the re�lacect_veh�'cle
�'nder no circr.imstances s11�.1 ai� � - randfatl�ered" vehicl�; status transfer t��
a new aw�ner. A"�r�ndfathered" veliicle uri�er t hiS�ara�r��h_sha11
It�se it�"�r�dfathered°' statL�.s i�� the event ih it is to
t�1is sectir�€�i for t)U or,niare cousectiitiye dav_s.
�5 All veh�cles and equipment pa�•]ced 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.
� All vehicles and equipment parked pursuant to this section shall at all times
have attached a current vehicle registration andlor 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
6
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 pazking 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 deternunation by the state motor
vehicle commission sha11 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.
5ection 6: This Ordinance shall take effect immediately upon passage.
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