HomeMy WebLinkAbout1999 02 08 Regular Item E
;
COMMISSION AGENDA
ITEM E
Consent
Informational
Public Hearing
Regular X
February 8. 1999
Meeting
/(vvJ ~
Mgr. / ept.
Authorization ...,
REQUEST:
The Community Development Department- Code Enforcement
Division requests the City Commission consider the request of
Virginia Cote to allow the temporary parking and occupation of
an over-sized recreational vehicle in her side yard at 411 David
St., (R-l zoning district), from February 8, 1999 to March 15,
1999 in accordance with City Code Section 20-431.
PURPOSE:
The purpose of this agenda item is to request the City Commission
consider the application of Virginia Cote for a permit to allow the
temporary parking and occupation of an oyer-sized recreational vehicle in
her side yard at 411 David 81.., ( R-l zoning district), from February 8,
1999 through March 15, 1999 in accordance with Section 20-431 of the
City Code.
APPLICABLE LAW AND PUBLIC POLICY:
Section 20-431 of the Code of the City of Winter Springs prohibits the
parking and occupation of recreational vehicles over 28 ft. in length in
residential areas without the issuance of a temporary permit issued by the
City Commission.
t:
.FEBRUARY 8,1999
AGENDA ITEM
Page 2
CONSIDERATIONS:
Mrs. Cote's daughter will be in Winter Springs for a visit to help her
widowed mother do repairs to her home at 411 David St.. The
recreational vehicle will be parked in Mrs. Cote's side yard and will not
obstruct view of traffic or impede the vision of vehicular traffic. This is
the fifth year that Mrs. Cote's family has visited and parked the vehicle at
411 David St. Last year, the City Commission issued a temporary permit
for the parking and occupation of this recreational vehicle at this address.
The City did not receive any complaints regarding this use.
STAFF RECOMMENDATION:
Staff recommends the issuance of a permit to allow Mrs. Cote's
daughter to park and occupy the recreational vehicle at her residence
from February 8, 1999 until March 15, 1999.
ATTACHMENTS:
1. Section 20-431, City Code
COMMISSION ACTION:
,
~ 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 zoni~g 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-H-8'i)
Sec. 20-3B9. 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_
(Ord. No. 367, ~ 2, Art. XIV, Part B, ~ 44.85.13,
5-11-B7)
Sees. 20-390-20410. Reserved.
ARTICLE V. SUPPLEMENTAL DISTRICT
REG ULA TIO NS
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, ~ 44.74, I-B-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, 9 44.75, 1-B-6B)
Sec. 20-413. Animals.
No one shall keep the following animals in R-1,
R-1A and R-1AA 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-1AA
areas provided at least one (1) acre of land is
available for each animal.
(Ord. No. 44, ~.44.78, 1-8-6B)
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, \i 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, S 44.BO, 1-B-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
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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.B.
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
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~ 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
i.nc1ude 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... th~ owner of the_'p'!::Q~ItY llPon which
it is.p.~E_ked. . -
h. It shall he"a 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 mh. 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 bei ng 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.
!l 20-431
WINTER SPRINGS CODE
d. Commercial vehicles as described in
section 20-431 shall be allowed on pub-
lic streets or within privately owned
driveways or on residential property
for the limited and temporary purpose
of loading or unloading goods or mate-
rials 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 fol-
lowing words are to be interpreted as hav-
ing their commonly accepted meanings as
well as the following specific definitions. If
the two (2) 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 trailer will be measured.
b. Camping trailer. A vehicular portable
structure mounted on wheels, con-
structed with collapsible partial side
walls of fabric, plastic or other materi-
al, for folding compactly while being
drawn by another vehicle, and when
unfolded at the site or location provid-
ing temporary living quarters, and the
primary design of which is for recre-
ation, camping or travel use.
c. Trauel trailer. A vehicular pOltable struc-
ture 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 stor-
age of water and for holding of sewer-
age and shall have an interior light
system operable from a source of power
from within the vehicle.
d. . Molor home. A stl'ucture, 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 purpose of
eating, sleeping, bathing, entertaining
or such other activities.
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f. Ouernight A period commencing at 7:00
p.m. on one (1) day and terminating at
7:00 a.m. on the day immediately fol-
lowing or any period therein contained
of more than seven (7) hours.
g, Owner's property. The property of own-
ers of the parked or stored vehicle. This
section only applies to property in res,
identially zoned districts.
h. Recreational vehicle. Camping trailer,
truck camper, motor home, house trailer
or other such vehicle designed or mod-
ified to provide temporary living quar-
ters or designed or modified to facili-
tate recreation, camping or travel by
accommodating the needs for temporary
quarters.
i. Residentially zoned districts. Any res-
idential district as identified in sections
20-101,20-121,20-141,20-161,20-181,
and 20-206. Such districts to include
but not be limited to: R-U, R-1AAA,
R-C1, R-1AA, R-1A, 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 re-
pair or alteration for the purpose for
which it is intended.
k. Temporary liuing quarters. Any vehi-
cle used on a temporary basis for the
purpose of eating, sleeping, bathing,
resting, entertaining or other such ac-
tivities normally associated with resi-
dential property or recreational vehicles.
\. Truck camper. A portable structure, de-
signed to be loaded onto, or affixed to,
the bed or chassis of a truck, constructed
to provide temporary living quarter~
for recreation, camping or travel use.
(4) Penalty.
a. It is unlawful for any person to violate
this division or fail to comply with any
of its requirements. The judge shall
consider the costs incurred in enforc-
ing this division 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, partic-
~
,..
t
,
~. '-...
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 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 disassemb,ling, 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)
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