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HomeMy WebLinkAboutOrdinance 170 Parking ORDINANCE NO. 170 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING SECTIONS 44.8l, 44.83 and 44.84 OF APPENDIX "A" (ORDINANCE NO. 44) TO THE CITY OF WINTER SPRINGS, FLORIDA, CODE OF ORDINANCES, AMENDING APPENDIX "A" (ORDINANCE NO. 44) TO THE CITY OF WINTER SPRINGS, FLORIDA, CODE OF ORDINANCES SO AS TO INCLUDE A SECTION 44.8l PROHIBITING THE PARKING, STORAGE OR MAINTENANCE OF CERTAIN VEHICLES ON CERTAIN PROPERTY CONTAINED IN A RESIDENTIALLY ZONED DISTRICT, AMENDING CHAPTERS lO AND 11 OF THE CODE OF ORDINANCES SO AS TO PROVIDE ADDITIONAL CROSS-REFERENCES, PROVIDING FOR CONFLICTS, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 44.81, 44.83 and 44.84 of Appendix "A" (Article XIII, Ordinance 44) of the Code of Ordinances of Winter Springs, do not properly set out the intent of the City. WHEREAS, the City of Winter Springs, Florida, wants to protect its residential zoning. Any ordinances of this city or laws of the state providing for the regulations of motor vehicles or traffic control are in addition to this Ordinance and wherever any provision of some other ordinance or applicable statute, whether primarily for the regulation of traffic or for purposes of zoning, imposes more stringent requirements, regulations, restrictions of this Ordinance, it is the intent of the City Council that the more stringent requirements, regu- lations, restrictions or limitations shall apply. NOW, THEREFORE, the City of Winter Springs, Florida, hereby ordains: Section 1: Repeal of Sections of Code. l. That Sections 44.81, 44.83 and 44.84 of Appendix "A" (Article XIII of Ordinance 44) of the Code of Ordinances of Winter Springs are hereby repealed. Section 2: That new Section 44.8l is hereby created to read as follows: Section 44.81 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 provide light, safety from fire, safety from other damages and to protect property owners from certain general nuisances associated with the unregulated parking, storage, or maintenance of certain 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 residential property any vehicle commonly described as follows: [step- van], truck, semi-tractor, semi-trailer, bus or any other type of vehicle with a rated capacity of three-quarters (3/4) of a ton or more, and which is subject to regulation by Chapter 3l6, Florida Statutes, with the exception of those vehicles specifically exclu- ded by the "Exceptions" 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 resident- ially zoned district or living thereupon shall cause or allow any vehicles as enumerated in Paragraph l(a) of this Section to be parked, stored or maintained upon such property. c. No recreational vehicles shall be occupied as temporary living quarters while said recreat- ional vehicle is parked or stored within a residentially zoned district in the City of Winter Springs. No recreational vehicle parked or stored in Winter Springs shall have its wheels removed except for repair 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 (l) recreational vehicle shall be parked on an owner's property at any one time. f. No recreational vehicle in excess of twenty- eight (281) feet in length in overall measure- ments shall be parked or stored in a resident- ially zoned district without a permit issued by the City Council and renewed annually by such Council. In the case of a truck camper, the length measurement will include 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 by the owner of the property upon which it is parked. h. It shall be a violation of this Ordinance to park any vehicle enumerated in Paragraph l(a) or to park any recreational vehicle within the right-of-way of any city street, alley, lane, way, drive or other thoroughfare overnight. 2. Exceptions: The parking, storage or maintenance of certain vehicles will be permitted in residentially zoned districts as exceptions to Paragraphs l(a) through l(h) as follows: a. Recreational vehicles may be occupied during parking or storage if a permit has been issued in accordance with Section 44.75 of this Code of Ordinances. b. A combination of boat trailer with boat and a recreational vehicle is permissible as an exception to Paragraph l(e). -2- c. Any 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 and contiguous to the parcel upon which that person's residence is located may use said contiguous lot as if it were a separate piece of owner's property for the parking of vehicles subject to the restrictions set forth in this Section. Provided, however, that no vehicle owned, operated or under the direct control by other than the person owning, renting, leasing or otherwise being in control of the use of said lot, parcel or piece of real property shall be parked thereupon. d. Commercial vehicles as described in Section 44.8l(a) shall be allowed on public streets or within privately owned driveways or on residential property for the limited and temp- orary purpose of loading or unloading goods or materials 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 following words are to be interpreted as having their commonly accepted meanings as well as the following specific definitions. If the two 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 trail- er will be measured. b. Camping Trailer. A vehicular portable structure mounted on wheels, constructed with collapsible partial side walls of fabric, plastic or other material, for folding compactly while being drawn by another vehicle, and when unfolded at the site or location providing temporary living quarters, and the primary design of which is for recreation, camping or travel use. c. Travel Trailer. A vehicular portable structure 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 storage of water and for holding of sewerage and shall have an interior light system operable from a source of power from within the vehicle. d. Motor Home. A structure, 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 purposes of eating, sleeping, bathing, entertaining or such other activites. f. Overnight. A period commencing at 7:00 P.M. on one day and terminating at 7:00 A.M. on the day immediately following or any period therein contain- ed of more than seven (7) hours. -3- g. Owner's Property. The property of owners of the parked or stored vehicle. This Section only applies to property in residentially zoned districts. h. Recreational Vehicle. Camping trailer, truck camper, motor home, house trailer or other such vehicle designed or modified to provide tempor- ary living quarters or designed or modified to facil- itate recreation, camping or travel by accommodating the needs for temporary quarters. i. Residentially Zoned District. Any residential district as identified in Section 44.25, 44.27.1, 44.27.9, 44.28, 44.37, 44.45.l. Such districts to include but not be limited to R-U, R-lAAA, R- CI, R-lAA, R-lA, 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 repair or alteration for the purpose for which it is intended. k. Temporary Living Quarters. Any vehicle used on a temporary basis for the purposes of eating, sleeping, bathing, resting, entertaining or other such activities normally associated with residential property or recreational vehicles. 1. Truck Camper. A portable structure, designed to be loaded onto, or affixed to, the bed or chassis of a truck, constructed to provide temporary living quarters for recreation, camping or travel use. 4. Penalty: a. Any person who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than Five Hundred and nO/lOO ($500.00) Dollars, or imprison- ed for not more than sixty (60) days, or both. Each day a violation is permitted to exist shall constitute a separate offense. The judge shall consider the costs incurred in enforcing this Statute 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, participates in, assists in, or main- tains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. c. Nothing herein contained shall prevent the City from taking such other lawful action as is necess- ary to prevent or remedy any violation or nuisance. Section 3: Severability. If any Section or portion of a Section of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other Section or part of this Ordinance. Section 4: Conflicts. All ordinances or parts of ordinances in conflict herewith be and the same are hereby superseded unless they invoke more stringent requirements in which case the more stringent -4- requirement is to be incorporated in this Section unless other- wise directed by a subsequent ordinance or statute. If any Section or portion of a Section of this Ordinance proves to be in conflict with "Deed Restrictions" in any zoned residential area, the requirements as set forth with the more stringent requirements will be complied with. Section 5: Cross-References. The Cross-Reference Sections to Chapters 10 and 11 of the Code of Ordinances are to amended to reflect a cross- reference to Section 44.81. Section 6: Effective Date. If adopted by the City Council, this Ordinance shall take effect on July 3l, 1978, or thirty (30) days following the first reading, whichever is earlier. PASSED AND ADOPTED THIS 11th day of July, 1978. FIRST READING June 27, 1978 SECOND READING July 11, 1978 CITY OF WINTER SPRINGS, FLORIDA BY: Troy J. Piland Mayor ATTEST: Mary T. Norton CITY CLERK -5- CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said City Council will hold a public hearing at the City of Winter Springs Community Building on Tuesday, June 27, 1978 at 7:30 P.M., or as soon thereafter as possible to consider an Ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING SECTIONS 44.81, 44.82, 44.83 and 44.84 OF APPENDIX "A" (ORDINANCE NO. 44) TO THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, AMENDING APPENDIX "A" (ORDINANCE NO. 44) TO THE CITY OF WINTER SPRINGS CODE OF ORDINANCES SO AS TO INCLUDE A SECTION 44.81 PROHIBITING THE PARKING, STORAGE OR MAINTENANCE OF CERTAIN VEHICLES ON CERTAIN PROPERTY CONTAINED IN A RESIDENTIALLY ZONED DISTRICT, A~ENDING CHAPTERS 10 AND 11 OF THE CODE OF ORDINANCES SO AS TO PROVIDE ADDITIONAL CROSS-REFERENCES, PROVIDING FOR CONFLICTS, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. A copy of said Ordinance shall be available at the office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine same. All interested parties are invited to attend and be heard. THIS NOTICE is to be published in the Evening Herald and the Sentinel Star, both newspapers of general circulation in the City, one (1) time at least fifteen (15) days prior to the time of the public hearing. DATED this 5th day of June, 1978. CITY OF WINTER SPRINGS, FLORIDA By: %';"'1 r M~ Mar T. Norton, City Clerk Notice from Sentinel Star dated June 12, 1978 (scanned sideways) Evening Herald An Independent Newspaper SANFORD, SEMINOLE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personally appeared........................... . .Ruth F. Rowley. . . . . . . . . . . . .. . .. . .. .... . . . . . . . who on oath says that she is ... .Office Manager ... ... . .of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, being a. .Legal Notice....... ...... ... ...... ... ..in the matter of ...Public Hearing re Ordinance Number 44.......................... ............................. .in the. .Circuit.... . Court, was published in said newspaper in the issues of....... . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . ... ....... June 8, 1978. . . . . . . . .. . .. . . . . . . . . Affiant further says that the said EVENING HERALD is a newspaper published by The Sanford Herald, Inc., at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole County. Florida, and has been entered as second class mail matter at the post office in Sanford, in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 6th day of June A.D. 1978 Ruth F. Rowley (SEAL) Notary Public Notary Public, State or Florida at Large My Commission Expires June 18, 1979 CITY OF WINTER SPRINGS FLORIDA NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCEERN: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter- Springs, Florida, that said City Council will hold a public hearing at the City of Winter Springs Commun- ity Building on Tuesday, June 27, 1978 at 7:30 pm or as soon ther- eafter as possible to consider an Ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLOR- IDA, REPEALING SECTIONS 44.81,44.82,44.83 and 44.84 of APPENDIX "A" 9ORDINANCE NO. 44) TO THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, AMENDING AP- PENDIX "A" (ORDINANCE NO 44) TO THE CITY OF WIHNTER SPRINGS CODE OF ORDIN- ANCES SO AS TO INCLUDE A SECTION 44.81 PROHIBITING THE PARKING, STORAGE OR MAINTENANCE OF CERTAIN VEHICLES ON CERTAIN PROPERTY CONTAINED IN A RESIDENTIALLY ZONED DIS- TRICT, AMENDING CHAPTERS 10 AND 11 OF THE CODE OF ORDINANCES SO AS TO PROVIDE ADDITIONAL CROSS-REFERENCES, PROVIDING FOR CONFLICTS, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. A copy of said Ordinance shall be available at the office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine the same. All Interested parties are invited to attend and be heard. THIS NOTICE is to be published in the Evening Herald and the Sentinel Star, both newspapers of general circulation in the City, one (1) time at least fifteen (15) days prior to the time of the public hearing. DATED this 5th day of June, 1978. CITY OF WINTER SPRINGS, FLORIDA By: Mary T. Norton City Clerk Publish June 8, 1978 DEY 39 .