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HomeMy WebLinkAbout1999 02 08 Regular Item D ,..--: COMMISSION AGENDA ITEM D Consent Informational Public Hearing Regular X February 8~ 1999 Meeting t/~ Mgr. / Dept. Authorization - REQUEST: The Community Development Department- Code Enforcement Division requests the City Commission consider amending the City Codes that deal with commercial vehicle parking; fence and wall maintenance and garage sales in mobile home park districts. PURPOSE: The purpose of this agenda item is to request the City Commission amend the City Codes that deal with commercial vehicle parking; fence maintenance and garage sales in mobile home park districts. 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 yehicles. 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. Section 20-315 of the Code of the City of Winter Springs currently prohibits the sale of used merchandise in mobile home parks unless such sale is incidental to the sale of the mobile home. CONSIDERATIONS: In order to preserve the character of residential neighborhoods, many cities such as Orlando, Boca Raton, Naples and Casselberry prohibit commercial vehicles from parking in residential areas. If the changes are desired by the Commission the proposed regulations should read; Section 9-272 Off-street parking 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 FEBRUARY 8,1999 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 good condition as a continuing structure without missing sections. Section 20-431 Commercial vehicle parkin!! 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 follO\vs: ( step van), truok, semitraotor, semitrailer, bus or any other type of vehiole with a rated capaoity of three quarters of a ton or more, and which is subject to F.8.eh 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 \vheels. (3) Trailers or semi-trailers having dual rear wheels or either such trailers having an oyeralllength of more than twelve (12) feet. (4) Stake body trucks, walk-in MHS, 01 van-type bodies Iegaldless of ratcd 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. Sec. 20-315 Prohibited uses in mobile home districts. 'FEBRUARY 8, 1999 AGENDA ITEM Page 3 The permissible uses enumerated in sections 20-313 and 20-314 shall not be construed to include, either as a principal or accessory use, any of the following, which are listed for emphasis: (1) Any service station, service or repair garage. (2) No seoondhand or used merohandise,shall be offered for sale, displayed or stored on the premises exoept as incidental to the bona fide sale of a mobile home. (remainder of section 20-315 to remain as is) STAFF RECOMMENDATION: Staff recommends that the City Commission approve the 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. 3) Section 20-315 of the Code of the City of Winter Springs. COMMISSION ACTION: '. J \ is placed. Such models shall be set up in strict accordance with one (1) of the options herein described; only one (1) option is per- missible in a single park. a. Model homes owned by the park in which they are located may be placed on any valid building sites, as depicted on the approved development plan for the park, so long as the homes are permanently installed and have all the appurtenances required by this Code for a residence that is to be occupied. The only excep- tion is that utilities, although installed, do not have to be activated. The intent of this requirement is that any models located on sites remaining within a par- tially occupied area of the park shall in every way meet the standards of the homes which are already in use as residences. b. A model home center may be developed on a site of no more than one (1) acre of land with specified boundaries within R-T property that is developed or de- veloping with an active manufactured home park. Both the location and the conceptual plan of this center, as well as its engineering, must be approved by the site plan review board. The plan must provide a site of at least four thou- sand (4,000) square feet of land for each model home. The models, although not permanently installed, must meet all safety requirements of the applicable jurisdictions. Also, they must have all visual exterior amenities necessary for a home in the residential area of the park. Adequate parking for visitors to the center shall be provided so as to cause no nuisances to residents of the park. It is the intent of this paragraph that the model home center shall ap- pear similar to the remainder of the park, excepting that permanent, non- reusable auxiliary installations are not required. (Ord. No. 44, ~ 44.70.3, 1-8-68; Ord. No. 51, ~ 4, 8-3-70; Ord. No. 374, ~ 1,4-13-87) ZONING ~ 20-315 Sec. 20-314. Special accessory uses. A mobile home park providing space for forty (40) or more mobile homes may have retail stores and personal service shops for the care or treat- ment of the occupants or their clothing, subject to the following limitations and requirements: (1) Such uses are wholly conducted within a completely enclosed building. (2) There are no signs or displays visible from any street, indicating such uses. (3) Such uses are conducted for the convenience of occupants of the mobile home park and not normally made available to other persons. (Ord. No. 44, ~ 44.70.4, 1-8-68; Ord. No. 51, ~ 5, 8-3-70) Sec. 20-315. Prohibited uses. The permissible uses enumerated in sections 20-313 and 20-314 shall not be construed to in- clude, either as a principal or accessory use, any of the following, which are listed for emphasis: (1) Any service station, service or repair garage. (2) No secondhand or used merchandise shall be offered for sale, displayed or stored on the premises except as incidental to the bona fide sale of a mobile home. (3) Dwelling units or living quarters except in a mobile home or as an accessory use. (4) Occupancy of a site by a mobile home for living quarters except on a rental basis. (5) A separate utility building on any mobile home site, except for a demountable, code. approved storage closet. (6) No cooking or sanitary facilities shall be installed or maintained on any mobile home site in any building or structure other than in the mobile home_ (7) Storage or parking of mobile homes except when a mobile home is located on a site preparatory to occupancy or between peri- ods of occupancy. (Ord. No. 44, ~ 44.70.5, 1-8-68; Ord. No. 51, ~ 6, 8-3-70; Ord. No. 374, ~ 1,4.13.87) 1219 ~ 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 zoning 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, 5-11-8'i) Sec. 20-389. 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. COrd. No. 367, ~ 2, Art. XIV, Part B, ~ 44.85.13, 5-11-87) Sees. 20-390-20-410. Reserved. ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS 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, 9 44.74, ~-8-68) 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, ~ 44.75, 1-8-68) Sec. 20-413. Animals. No one shall keep the following animals in R-l, R-IA and R-IAA 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-IAA areas provided at least one (1) acre of land is available for each animal. (Ord. No. 44, ~ 44.78, 1-8-68) 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, ~ 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, ~ 44.80, 1-8-68) 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 ;> , , 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. 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 ..I"" ,- ~ 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 EY_the owner of th~'p'!,.qpez1;y upon which it is parked. . - h. It shaUllea violation of this chapter to park any vehicle enumerated in (l)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 (l)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 (1}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 parki ng 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. ",,' Ii 20-431 WINTER SPRINGS CODE " t. d. Commercial vehicles as described in f. Overnight A period commencing at 7:00 section 20-431 shall be allowed on pub- p.m. on one (1) day and terminating at lic streets or within privately owned 7:00 a.m. on the day immediately fol. driveways or on residential property lowing or any period therein contained for the limited and temporary purpose of more than seven (7) hours. of loading or unloading goods or mate. g. Owner's property. The property of own- rials for the property owner upon whose ers of the parked or stored vehicle. This property or adjacent to whose property section only applies to property in res- the commercial vehicle is parked. identially zoned districts. h. Recreational vehicle. Camping trailer, (3) Definitions. As used in this section, the fol- truck camper, motor home, house trailer lowing words are to be interpreted as hav- or other such vehicle designed or mod- ing their commonly accepted meanings as ified to provide temporary living qual" well as the following specific definitions. If tel'S or designed or modified to facili- the two (2) definitions are in conflict, the tate recreation, camping or travel by definition provided herein is to prevail: accommodating the needs for temporary quarters. a. Boat trailer. A trailer designed to carry 1. Residentially zoned districts. Any res- a boat is a boat trailer with or without idential district as identified in sections a boat thereon. If with a boat, then 20-101, 20-121, 20-141, 20-161, 20-181, both boat and trailer will be measured. and 20-206. Such districts to include b. Camping trailer. A vehicular portable but not be limited to: R-U, R-1AAA, structure mounted on wheels, con- R-C1, R-1AA, R-1A. R.1 and R-3. structed with collapsible partial side J. State of good repair. The vehicle must \ walls of fabric, plastic or other materi- . be functional, usable and in such a slate ai, for folding compactly while being as it may be used without further re- drawn by another vehicle, and when pair or alteration for the purpose for unfolded at the site or location provid- which it is intended. ing temporary living quarters, and the k. Temporary living quarters. Any vehi- primary design of which is for recre- cIe used on a temporary basis for the ation, camping or travel use. purpose of eating, sleeping, bathing, r:. Travel trailer. A vehicular pOltable struc- resting, entertaining or other such ac- ture built on a chassis designed to be tivities normally associated with res i- pulled by an automobile or truck and dential property or recreational vehicles. to be used as a dwelling for recreation, 1. Truck camper. A portable structure, de- travel or living purposes. The vehicle signed to be loaded onto, or affixed to, shall be equipped with tanks for stor- the bed or chassis of a tnlck, constructed age of water and for holding of sewer- to provide temporary living quarters age and shall have an interior light for recreation, camping or travel use. system operable from a source of power (4) Penalty. from within the vehicle. d. Motor home. A structure, built on and a. It is unlawful for any person to violate made an integral part of a self-propelled this division or fail to comply with any motor vehicle chassis primarily designed of its requirements. The judge shall to provide temporary living quarters consider the costs incurred in enforc- for recreation, camping or travel use. ing this division in determining the e. Occupy. To reside in or use as owner, amount of any fine assessed. tenant or occupant for the purpose of b. The owner or tenant of any building, eating, sleeping, bathing, entertaining structure, premises or part thereof, and or such other activities. any other person who commits, partic- ;....... "- 1246 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 o,f 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 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) 1247 [The next page is 1947]