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HomeMy WebLinkAbout1999 02 15 Other " ", ~, OPTION I The current regulation reads as follows; Section 20-431 Commercial vehicle parking in residential areas. 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 residential property any vehicle as defined in Section 20-432 commonly described as follows: (step van), truck, semitractor,semittrailer, bus or any other type of vehicle with a rated capacity of three quarters of a ton or more, and which is subject to F.S.Ch. 316, with the exception of those vehicles specifically exclud~by the exceptions provisions of this section. Section 20-432 Commercial vehicle-Definitions. For the purposes of this chapter, vehicles of the following types and sizes shall be considered 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 whee,ls. (3) Trailers or semi-trailers 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 This ordinance has been in effect since 1968. One option is to make no changes. Staff feels that for some time this ordinance has not been enforced to any extend due to the fact that most violations occur on weekends and after hours during the week and that there was no code enforcement inspector on duty at that time. Recently, we have had an inspector instructed to enforce the city ordinances on Saturday and Sunday. This resulted in many violations of this section noted and enforced. Leaving the regulation as it stands may still create some difficulties. (a) Using the standard of dual rear wheels to define a commercial vehicle is out- dated. Many people have large pick-up trucks with dual rear wheels for purposes of pulling recreational vehicles. This is not a commercial use. (b) A van-type body on a vehicle is not always a commercial use. This standard is out-dated as well. (c) No provision is made for a vehicle clearly used for commercial purpose by the use of lettering on the vehicle. (d) Staff feels that most of the concerns voiced at the recent City Commission hearing would still be a concern with the current regulation. Staff feels that the recent enforcement of the current regulation is the cause for the outrage by many of our residents. OPTION II As attached. Amending the current ordinance would clarify our definition of a commercial vehicle by eliminating the out-dated standard of van-type body and dual rear wheels, and by recognizing that vehicles with commercial lettering are commercial vehicles. Coupled with a commitment to enforce our regulations weekends as well as weekdays, a more clearly defined ordinance could achieve the desired goal of protecting the residential character of our neighborhoods. Section 20-431 Commercial vehicle oarkine: in residential areas. 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 residential property any commercial vehicle as defined in Section 20-432 commonly desoribed as follows: ( step van), truok, semitraotor, semitrailer, bus or any other type of vehicle with a rated capaoity of three quarters of a ton or more, and which is subject to F.g.ch 316, with the exception of those vehicles specifically excluded by the exceptions provision of this section. Sec-20-432 Commercial vehicle - Definitions. For the purposes of this chapter, vehicles of the following types and sizes shall be considered 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 that 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 '.\'heels. (3) Trailers or semi-trailers having dual rear wheels or either such trailers having an overall length of more than twelve (12) feet. (4) Stake body trucks, walk-ill vallS, 01 van-type bodies regardless of rated capacity. (5) A vehicle designed, equipped or intended for commercial use. (6) A vehicle upon which has been affixed commercial lettering which advertises a trade, business, industry or other activity for profit. or a product, commodity or service. OPTION ill Some suggestions for additional language changes are; (1) Adding in Section 20-431 the following; ( underlined) 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 residential zoned property any vehicle as defined in Section 20-432, unless such vehicle is in the process of loading or unloading or in the normal process of doing business at a residence and such parking is temporary. ... (2) Changing the weight standard of % ton to one ton for a definition of a commercial vehicle. (3) Making allowances for horse trailers and the like to be parked in residential areas, as long as they are not used for commercial purposes. OTHER OPTIONS (1) Allowing the parking of one commercial vehicle not to exceed a given weight class, regardless of commercial lettering, at a residence. (2) Issuing a permit for the parking of a "company car or truck" and enforcing the ordinance on weekends as well as weekdays. (3) Not regulating commercial vehicle parking in residential areas on the weekends and evenings as has been, until recently, the current practice. Staff recommends against this.