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Home My WebLink About1999 01 25 Regular Item E COMMISSION AGENDA ITEM E Consent Informational Public Hearing Regu lar X January 25. 1999 Meeting Mgr. 1 Authorizati n REQUEST: The COlmnunity Development Department-Code Enforcement Division requests the City Commission consider amending the City Codes that deal with commercial vehicle parking and fence and wall maintenance. PURPOSE: The purpose of this agenda item is to request the City Commission amend the City Codes that deal with commercial vehicle parking and fence maintenance. APPLICABLE LAW AND PUBLIC POLICY: Section 20-431 of the Code of the City of Winter Springs prohibits the parking of commercial vehicles in residential areas. Section 20-432 of the Code of the City of Winter Springs defines which vehicles are considered commercial vehicles. Currently, there is no regulation addressing the maintenance of fences and walls and there is no regulation against the overnight parking of trucks, trailers and their cabs in commercial areas. CONSIDERA TIONS: The proposed regulations could read; Section 9-272 Off-street parkinS! of commercial vehicles. Except for the temporary parking of vehicles making deliveries or picking up materials. no overnight parking of tractor trailers. semitrailers and/or JANUARY 25, 1999 AGENDA ITEM Page 2 their cabs shall be permitted on any off-street parking facility within the city. Section 6-188 Maintenance All fences and walls shall be maintained in such a manner as to be a continuance structure without missing sections. Section 20-431 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 oommonly desoribed as follo'lIs: ( step van), truck, scmitractor, semitrailer, bus or any other type of vehicle with a rated capacity of three quartcrs of a ton or more, and '.vhioh is subject to F.S.oh 316, with the exception of those vehicles specifically excluded by the exceptions provision of this section. Sec-20-432 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 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. (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. JANUARY 25, 1999 AGENDA ITEM Page 3 STAFF RECOMMENDATION: Staff recommends that the City Commission approves these amendments and instruct the City Attorney to draft the appropriate language to amend current legislation. ATTACHMENTS: 1) Section 20-431 of the Code of the City of Winter Springs. 2) Section 20-432 of the Code of the City of Winter Springs. COMMISSION ACTION: 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.S. ch. 316, with the exception of those vehicles specifically excluded by the ex- ceptions provision of this section. No person owning, renting, leasing or otherwise being in control of the use of any lot, par<;el 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. 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. 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. No more than one (1) recreational ve- hicle shall be parked on an owner's property at anyone (1) time. D 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 b. c. d. e. f. 1245 ........,1.. ~ 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 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 ELthe owner of the J:!!:.QpeItY upon which it is parked. - h. n sll.'allbEti 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 (1)h. 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 (l)e. above. c. Any person owning, renting, leasing or otherwise being 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. ZONING 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 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 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, S 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. ~ 20-433 (2) One (1) dis.abled 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 disassembJing, 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 1947] 1247