Loading...
HomeMy WebLinkAbout1999 02 08 Regular Item E ; COMMISSION AGENDA ITEM E Consent Informational Public Hearing Regular X February 8. 1999 Meeting /(vvJ ~ Mgr. / ept. Authorization ..., REQUEST: The Community Development Department- Code Enforcement Division requests the City Commission consider the request of Virginia Cote to allow the temporary parking and occupation of an over-sized recreational vehicle in her side yard at 411 David St., (R-l zoning district), from February 8, 1999 to March 15, 1999 in accordance with City Code Section 20-431. PURPOSE: The purpose of this agenda item is to request the City Commission consider the application of Virginia Cote for a permit to allow the temporary parking and occupation of an oyer-sized recreational vehicle in her side yard at 411 David 81.., ( R-l zoning district), from February 8, 1999 through March 15, 1999 in accordance with Section 20-431 of the City Code. APPLICABLE LAW AND PUBLIC POLICY: Section 20-431 of the Code of the City of Winter Springs prohibits the parking and occupation of recreational vehicles over 28 ft. in length in residential areas without the issuance of a temporary permit issued by the City Commission. t: .FEBRUARY 8,1999 AGENDA ITEM Page 2 CONSIDERATIONS: Mrs. Cote's daughter will be in Winter Springs for a visit to help her widowed mother do repairs to her home at 411 David St.. The recreational vehicle will be parked in Mrs. Cote's side yard and will not obstruct view of traffic or impede the vision of vehicular traffic. This is the fifth year that Mrs. Cote's family has visited and parked the vehicle at 411 David St. Last year, the City Commission issued a temporary permit for the parking and occupation of this recreational vehicle at this address. The City did not receive any complaints regarding this use. STAFF RECOMMENDATION: Staff recommends the issuance of a permit to allow Mrs. Cote's daughter to park and occupy the recreational vehicle at her residence from February 8, 1999 until March 15, 1999. ATTACHMENTS: 1. Section 20-431, City Code COMMISSION ACTION: , ~ 20.388 WINTER SPRINGS CODE above, has not been completed within twelve (12) months from the date of city commission approval. (1) A time extension of up to twelve (12) months may be granted, upon a showing of good cause, if requested by the applicant and approved by the city commission. The de- . termination of good cause shall be in the sole and absolute discretion of the city commission. (2) If after an extension granted hereunder, Rubstantial development has not been com- pleted, both the master plan and the final subdivision plan shall be automatically de- clared null and void, provided however this shall not affect the zoni~g density of plats recorded thereunder. (d) Any zoning density which has been assigned pursuant to a master or final subdivision plan under this article, which plan subsequently is declared null and void shall not be affected. (Ord. No. 367, ~ 2, Art. XIV, Part B, ~ 44.85.12, 5-H-8'i) Sec. 20-3B9. Appeal. (a) A decision by the planning and zoning board may be appealed to the city commission. The city commission shall not modify or reverse a decision of the planning and zoning board without first holding an advertised public hearing on the appeal. (b) A decision of the city commission may be appealed to the appropriate circuit court of the state_ (Ord. No. 367, ~ 2, Art. XIV, Part B, ~ 44.85.13, 5-11-B7) Sees. 20-390-20410. Reserved. ARTICLE V. SUPPLEMENTAL DISTRICT REG ULA TIO NS DIVISION 1. GENERALLY Sec. 20-411. Trailers. No house trailers will be permitted in residen- tial zone areas except for residential zones specif- ically providing for mobile homes. Campers, camp trailers and boats and trailers. will be permitted if kept in a garage, carport, rear yard or side yard not fronting on any street, providing no one occu- pies them. (Ord. No. 44, ~ 44.74, I-B-68) Sec. 20-412. Trailer uses. Trailers may be kept only in areas designated as trailer parks, except as designated in section 20-432. A temporary permit may be obtained from the city commission for use in commercial, rural and residential (areas). (Ord. No. 44, 9 44.75, 1-B-6B) Sec. 20-413. Animals. No one shall keep the following animals in R-1, R-1A and R-1AA residential zone areas: Horses, cows, pigs, chickens, geese, goats or any other fowl or livestock, other than household pets. (Ord. No. 44, ~ 44.77, 1-8-68) Sec. 20-414. Exceptions. Horses and ponies may be permitted in R-1AA areas provided at least one (1) acre of land is available for each animal. (Ord. No. 44, ~.44.78, 1-8-6B) Sec. 20-415. Kennels. More than two (2) adult dogs or cats, over six (6) months of age, per household, shall be deemed a kennel. (Ord. No. 44, \i 44.79, 1-8-68) Sec. 20-416. Kennel zoning. Kennels will be allowed in C-2 commercial and R-D zoned areas. (Ord. No. 44, S 44.BO, 1-B-68) Sees. 20-417-20-430. Reserved. DIVISION 2. MOTOR VEHICLES Sec. 20-431. Parking, storage or maintenance of certain vehicles prohibited in residentially zoned districts. In order to protect and promote the public health, safety and welfare, and among other purposes, to 1244 ( l j ZONING provide light, safety from fire, safety from other damages and to protect property owners from cer- tain general nuisances associated with the un- regulated parking, storage or maintenance of cer- tain vehicles, the parking, storage or maintenance of certain vehicles as herein specified in the areas herein specified are prohibited except as herein provided: (1) Prohibitions: a. No person owning, renting or leasing real property in a residentially zoned district or living thereupon shall cause or allow to be parked on any residen- tial property any vehicle commonly de- scribed as follows: (step-van), truck, semi- tractor, semitrailer, bus or any other. type of vehicle with a rated capacity of three-quarters of a ton or more, and which is subject to regulation by F.B. ch. 316, with the exception of those vehicles specifically excluded by the ex- ceptions provision of this section. b. No person owning, renting, leasing or otherwise being in control of the use of any lot, parcel or piece of real property located in a residentially zoned district or living thereupon shall cause or allow any vehicles as enumerated in (1)a. above to be parked, stored or maintained upon such property. c. No recreational vehicles shall be occu, pied as temporary living quarters while such recreational vehicle is parked or stored within a residentially zoned dis- trict in the city. No recreational vehi- cle parked or stored in the city shall have its wheels removed except for re- pair or maintenance. d. No recreational vehicle shall be parked in such a way that it shall obstruct the view of traffic or impede the vision of vehicular traffic. e. No more than one (1) recreational ve- hicle shall be parked on an owner's property at anyone (1) time. f. No recreational vehicle in excess of twenty-eight (28) feet in length in over- all measurements shall be parked or stored in a residentially zoned district 1245 ~ 20-431 without a permit issued by the city commission and renewed annually by such commission. In the case of a truck camper, the length measurement will i.nc1ude truck and camper. g. No boat trailer, with or without a boat thereon, may be parked on property in residential districts, unless such boat trailer does not exceed twenty-three (23) feet in overall length, is in a state of good repair, is being maintained in a neat and orderly condition and is owned EY... th~ owner of the_'p'!::Q~ItY llPon which it is.p.~E_ked. . - h. It shall he"a violation of this chapter to park any vehicle enumerated in (1)a. above or to park any recreational ve- hicle within the right-of-way of any city street, alley, lane, way, drive or other thoroughfare overnight. (2) Exceptions. The parking, storage or main- tenance of certain vehicles will be permit- ted in residentially zoned districts as ex- ceptions to (1)a. through mh. above as follows: a. Recreational vehicles may be occupied during parking or storage if a permit has been issued in accordance with sec- tion 20-412. b. A combination of boat trailer with boat and a recreational vehicle is permissi- ble as an exception to (1)e. above. c. Any person owning, renting, leasing or otherwise bei ng in control of the use of any lot, parcel or piece of real prop- erty located in a residentially zoned district and contiguous to the parcel upon which that person's residence is located may use such contiguous lot as if it were a separate piece of owner's property for the parking of vehicles sub- ject to the restrictions set forth in this section. Provided, however, that no ve- hicle owned, operated or under the di- rect control by other than the person owning, renting, leasing or otherwise being in control of the use of such lot, . parcel or piece of real property shall be parked thereupon. !l 20-431 WINTER SPRINGS CODE d. Commercial vehicles as described in section 20-431 shall be allowed on pub- lic streets or within privately owned driveways or on residential property for the limited and temporary purpose of loading or unloading goods or mate- rials for the property owner upon whose property or adjacent to whose property the commercial vehicle is parked. (3) Definitions. As used in this section, the fol- lowing words are to be interpreted as hav- ing their commonly accepted meanings as well as the following specific definitions. If the two (2) definitions are in conflict, the definition provided herein is to prevail: a. Boat trailer. A trailer designed to carry a boat is a boat trailer with or without a boat thereon. If with a boat, then both boat and trailer will be measured. b. Camping trailer. A vehicular portable structure mounted on wheels, con- structed with collapsible partial side walls of fabric, plastic or other materi- al, for folding compactly while being drawn by another vehicle, and when unfolded at the site or location provid- ing temporary living quarters, and the primary design of which is for recre- ation, camping or travel use. c. Trauel trailer. A vehicular pOltable struc- ture built on a chassis designed to be pulled by an automobile or truck and to be used as a dwelling for recreation, travel or living purposes. The vehicle shall be equipped with tanks for stor- age of water and for holding of sewer- age and shall have an interior light system operable from a source of power from within the vehicle. d. . Molor home. A stl'ucture, built on and made an integral part of a self-propelled motor vehicle chassis primarily designed to provide temporary living quarters for recreation, camping or travel use. e. Occupy. To reside in or use as owner, tenant or occupant for the purpose of eating, sleeping, bathing, entertaining or such other activities. 1246 f. Ouernight A period commencing at 7:00 p.m. on one (1) day and terminating at 7:00 a.m. on the day immediately fol- lowing or any period therein contained of more than seven (7) hours. g, Owner's property. The property of own- ers of the parked or stored vehicle. This section only applies to property in res, identially zoned districts. h. Recreational vehicle. Camping trailer, truck camper, motor home, house trailer or other such vehicle designed or mod- ified to provide temporary living quar- ters or designed or modified to facili- tate recreation, camping or travel by accommodating the needs for temporary quarters. i. Residentially zoned districts. Any res- idential district as identified in sections 20-101,20-121,20-141,20-161,20-181, and 20-206. Such districts to include but not be limited to: R-U, R-1AAA, R-C1, R-1AA, R-1A, R-l and R-3. J. State of good repair. The vehicle must be functional, usable and in such a state as it may be used without further re- pair or alteration for the purpose for which it is intended. k. Temporary liuing quarters. Any vehi- cle used on a temporary basis for the purpose of eating, sleeping, bathing, resting, entertaining or other such ac- tivities normally associated with resi- dential property or recreational vehicles. \. Truck camper. A portable structure, de- signed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarter~ for recreation, camping or travel use. (4) Penalty. a. It is unlawful for any person to violate this division or fail to comply with any of its requirements. The judge shall consider the costs incurred in enforc- ing this division in determining the amount of any fine assessed. b. The owner or tenant of any building, structure. premises or part thereof, and any other person who commits, partic- ~ ,.. t , ~. '-... ipates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penal- ties herein provided. c. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation or nuisance. (Ord. No. 44, ~ 44.81, 1-8-68; Ord. No. 170, ~ 2, 7-11-78) Sec. 20-432. Commercial vehicles defined. For the purposes of this chapter, vehicles of the following types and sizes shall be consider.ed and are hereby declared to be commercial vehicles, subject to the provisions of section 20-431 to wit: (1) Trucks or other vehicles having a rated capacity of more than three-quarters ton; including trucks or other vehicles used, or designed for use, in transporting or as a temporary or permanent base, platform or support of equipment, machinery or power plants of all types. (2) Trucks or tractors having dual rear wheels: . (3) Trailers or semitrailers having dual rear . wheels or either such trailers having an overall length of more than twelve (12) feet. (4) Stake body trucks, walk-in vans or van-type bodies regardless of rated capacity. (Ord. No. 44, ~ 44.82, 1-8-68) Sec. 20-433. Storage, repair, etc., of disabled motor vehicles; approved. The term "disabled moto'r vehicle" shall refer to any motor-driven vehicle, regardless of size, which is incapable of being self-propelled upon the public streets, including a current motor ve- hicle license. (1) Disabled vehicles shall not be permitted in front yards or side yards; provided, howev- er, that a reasonable time (not to exceed forty-eight (48) hours from the time of dis- ability) shall be permitted for the removal or servicing of a disabled motor vehicle in an emergency caused by accident or sud- den breakdown of the vehicle. ZONING ~ 20-433 (2) One (1) disabled motor vehicle may be per- mitted in the rear yard of a residential, commercial or industrial lot as an acces- sory use to the main use of the lot; provid-' ed, that such vehicle is not located in any open space required by the zoning laws. Service and repair work may be performed on such vehicle, and parts, tools and equip- ment incidental to such service and repair thereto may be stored and used. Nothing contained herein shall be construed as au- thorizing the disassemb,ling, tearing down, or scrapping of a motor vehicle or to permit one (1) motor vehicle to be sCavenged, stripped for parts for some use on another vehicle; provided, however, that a disabled vehicle shall not be permitted to remain outside of a building for a period in excess of thirty (30) days on any lot used for residential purposes. (Ord. No. 44, ~ 44.85, 1-8-68) [The next page is 19471 1247