HomeMy WebLinkAboutOrdinance 2009-07 Commercial Vehicle Parking ORDINANCE NO. 2009-07
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 20 OF THE CITY CODE REGARDING THE
REGULATION OF COMMERCIAL VEHICLE PARKING
WITHIN RESIDENTIALLY ZONED DISTRICTS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, for years, the City of Winter Springs has regulated the parking of certain kinds
of commercial vehicles within residential zoning districts; and
WHEREAS, the City Commission has recently conducted several meetings and workshops
to evaluate said parking regulations; and
WHEREAS, based on information and testimony obtained at these meetings, the City
Commission desires to modify said parking regulations in order to provide residents with more
flexibility in parking certain kinds of small, take home commercial vehicles; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code Chapter 20 is hereby
amended as follows (underlined type indicates additions and strikeout type indicates deletions, while
asterisks indicate a deletion from the Ordinance of text existing in Chapter 20. It is intended
that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this ordinance):
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Ordinance No. 2009 -07
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Chapter 20
Article V. Supplemental District Regulations
Division 2. Motor Vehicles.
Sec. 20 -432. Commercial vehicle Definition.
For purposes of this chapter, commercial vehicles are defined to be all
trailers, over sized vehicles, commercially registered vehicles, and construction equipment of any
type used in or designed to be used in business; all vehicles temporarily or permanently designed to
accommodate, support, house, store, deliver or transport material, supplies, equipment machinery
or power plants of all types; all construction related equipment; and all vehicles of any type, trailers
and construction equipment upon which a business name or sign is permanently or temporarily
affixed.
Sec. 20 -434. Authorized commercial vehicles in residential areas.
(a) One (1) commercial vehicle per dwelling unit may be parked in residentially zoned districts of
the city provided:
(1) Said vehicle is not a semi trailer truck tractor or semi trailer truck trailer;
(2) Said vehicle is not a stake body or flat bed truck;
(3) Said vehicle is not construction- related equipment such as a backhoe, front -end loader, utility
tractor, etc.;
(4) Said vehicle is not a vehicle of any type used to transport hazardous materials as defined by law;
(5) Said vehicle is not a utility trailer of more than twelve (12) feet in length, inclusive of tool boxes
and other storage areas, however exclusive of the tongue hitch;
(6) Said vehicle is not a single or dual rear wheeled vehicle in excess of ten thousand eight hundred
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Ordinance No. 2009 -07
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(10,800) pounds gross vehicle weight, or twenty -two (22) feet in length, or in excess of eight (8) ft.
in height;
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(b) A homeowners association as defined in the Florida Statutes, apartment complex, or mobile
home park may set aside common property, owned by the association, complex, or park, as an area
set aside for the storage or parking of commercial and/or recreational vehicles, provided said area
is fenced by an opaque fence not less than six (6) feet in height that totally prevents the viewing of
said vehicles from surrounding properties and roadways.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
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Ordinance No. 2009 -07
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adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the a? day of jwCy_ 2009.
10t 1/. IA. 9 "19 41-1a
At. N F. BUSH, Mayor
ATTEST:
1
AI
A LORENZO LUACES
City lerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
_,A3
ANTHONY A. GARGANESE
City Attorney
First Reading: July 13, 2009
Second Reading: July 27, 2009
Effective Date: See Section 6.
City of Winter Springs
Ordinance No. 2009 -07
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