HomeMy WebLinkAboutDocumentation_Regular_Tab 10_04/14/2016 � 0 �
COR� ETT, WHITE,
�0 DAVIS nN�� ASHT��N, �n.
KEITH W. DAVIS
ATTORNEY AT LAW
Bonrd Cxrtified irz City, Count� �rid Local Goz�enur�ent Lnzt�
MEMORANDUM
TO: Mayor Brennan, Vice Mayor Arena, Council Members D'Ambra, Okun and
Paterno
CC: Manager Couzzo, Clerk McWilliams
FROM: Attorney Davis
DATE: March 1, 2016
RE: Agenda Item — First Reading of REVISED; Boat Screening Code;
Registration Process
The following describes in detail the above referenced agenda item:
After several discussions on the above topic, and after First Reading of a different
conceptual framework for the above topic, Council directed the creation of a registration
process to be included in the boat screening regulations. This has necessitated a revised
ordinance with a revised title and enough substantive change for a new First Reading. As
such, the attached ordinance, along with the sample registration form, are presented for
your review and consideration. As directed, the registration is a"no-fee" process.
ORDINANCE NO. 6-16
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 Z. "PARKING OF COMMERCIAL VEHICLES,
TRUCKS AND RECREATIONAL VEHICLES" AT SECTIONS 46-73 AND
46-74 TO REVISE SCREENING REQUIREMENTS FOR BOATS AND
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"; AND REQUIRING A NO-FEE PERMIT FOR THE
PARKING/STORAGE OF ALL SUCH BOATS; 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. Motar Vehicles and Traffic, Article III. Parking, stopping or
standing, Sections 46-73 and 46-74 to revise the screening requirements for boats and boats on
trailers in the R-lA, R-1, R-2 and R-3 zoning districts, to define the terms "fully screened " and
"effectively screened on three sides", and to require a no-fee permit for the parking/storage of such
boats located in such zoning districts; and
WHEREAS, during Village Council workshop meetings on November 2, 2015 and
January 4, 2016, 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.
1
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.
"Parking of Commercial Vehicles, Trucks and Recreational Vehicles"; at Section 46-71, to provide
a definition for the terms "fully screened" and "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, and to require a no-fee permit for the parking/storage of such boats
located in such 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:
Boat means anv watercraft vessel whether or n ot motorized; and includes bv wav
of examnle and not limitation. watercraft with inboard or outboard motors; bersonal
watercraft commonlv known as wave-runners or iet-skis; and manuallv nronelled vessels
such as canoes. kavaks and naddleboards.
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 relationshib to an snace where nublic view is normal
2
and customarv (e.�. from a sidewalk or street. from adiacent nronertv, 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 screening can be accomnlished with ve�etative (hed�e) material
or with fences or walls. The reauired hei�ht of such screenin� shall be t�ursuant to the
a plicable code section in this Division. Effective screens must also 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 effective screenin� under anv circumstances.
Fullv screened means screenin� that conceals from view the items behind the
screenin� device in relationshin to anv snace where nublic view is normal and customarv
e.�. from a sidewalk or street. from adiacent pronertv, from a�olf course or from a
waterwav that is accessible to the bublicl, 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 abnlicable code
section in this Division. Full screenin� 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.
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.
Permit means a no-fee nermit describin� and authorizin� the narking/stora�e of
watercraft whether or not on trailers, on residential nronertv (Zonin� Districts R-1 A, R-1
R-2 and R-31 in the Villa�e.
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
3
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 sha11 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 ar 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.
Cominercial 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.
4
(2) �a 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:
�b Boats, and boats on trailers must be less than 33 feet in len�th as
identified on the vessel re�istration, and excludin� items such a"T-tobs,"
windshields. antennas and outri��ers, no hi�her than 10 feet off the �round
as measured from the adiacent �rade. Such boats, or boats on trailers shall
be screened to six feet in hei�ht *'�° *^� ��*'�° rt��r���°'°.
cl Prior to narkin�/storin� anv boat nursuant to this section, a no-fee permit
shall be obtained from the Village. Anv boat narked pursuant to this section
prior to the effective date of this nermit reauirement shall have 180 davs
from the effective date of the ordinance from which this nermit reauirement
is derived Anril 14, 20161 to comnlv and obtain the reauired nermit.
�d 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.
e� 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
5
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." A"�randfathered" vehicle under this naraerat�h
shall lose its "erandfathered" status in the event that it is not narked nursuant
to this section for 90 or more consecutive davs.
(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.
(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.
6
(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-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) �a 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:
b� Boats, and boats on trailers must be less than 33 feet in len�th as
identified on the vessel re�istration, and excludin� items such a"T-tons,"
7
windshields, antennas and outri��ers, no hi�her than 10 feet off the �round
as measured from the adiacent �rade. Such boats, or boats on trailers shall
be screened to six feet in heieht *'�° *�r ��*'�° ^
cl Prior to narkin�/storing anv boat nursuant to this section, a no-fee nermit
shall be obtained from the Villa�e. Anv boat narked nursuant to this section
nrior to the effective date of this nermit reauirement shall have 180 davs
from the effective date of the ordinance from which this nermit reauirement
is derived (Anril 14, 20161 to comnlv and obtain the reauired nermit.
�d 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 sha11 be supported with landscape irrigation.
�e 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 I
compliance with prior screening regulations shall be subject to such prior I
regulations which generally required such vehicles to be "effectively '
screened on three sides." A"�randfathered" vehicle under this nara�ranh
hall lose its "�randfathered" status in the event that it is not narked nursuant
to this section for 90 or more consecutive davs.
8
(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 andJor license plate as required
by law, aYd 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 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
9
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.
10
