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HomeMy WebLinkAbout1999 05 10 Public Hearings Item C COMMISSION AGENDA ITEM C Consent Informational Public Hearing X Regular M~ 10. 1999 Meeting ,~ Mgr. / Authorizati REQUEST: The Community Development Department/Code Enforcement Division requests the City Commission approve the first reading changing the code regulating commercial vehicle parking. PURPOSE: The purpose of this agenda item is to request the City Commission approve the first reading changing the code regulating commercial vehicle parking. 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 that code defines which vehicles are considered commercial for the purposes of this ordinance. CONSIDERA TIONS: At the April 26, 1999 Public Meeting, the City Commission suggested changes to the code and directed staff to advertise the amended ordinance for the first reading. STAFF RECOMMENDATION: Staff recommends that the City Commission approve the first reading of the amended code regulating commercial vehicle parking. MAY 10, 1999 AGENDA ITEM C Page 2 ATTACHMENTS: 1. Section 20-431, and Section 20-432 with proposed changes 2. Section 9-272, new language dealing with commercial vehicle parking in commercial areas COMMISSION ACTION: The Attachments will be available on Thursday, May 6, 1999. Thank you. MEMORANDUM TO: Mayor & Commission \. ) Andrea Lorenzo-Luac~terim City Clerk FROM: SUBJECT: May 10, 1999 City Commission Agenda DATE: May 6, 1999 Please find the "Attachments" for Public Hearing Agenda Item "C" which pertains to the issue of Commercial Vehicle Parking, attached. As always, if I can be of further assistance, please feel free to contact me. Attachments DOCS/correspo/commissi/0059.doc SECTION 20-431 COMMERCIAL VEHICLE PARKING IN RESIDENTIAL AREAS. Except as provided in Section 20-433 below, no person owning, renting or leasing real property in a residential zoned district shall cause or allow to be parked on any residential property a commercial vehicle as defined in Section 20-432. Section 20-432 Commercial Vehicle - Definition For purposes of this Chapter, commercial vehicles are defined to be all passenger vehicles, trucks, trailers, 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. Section 20-433 Authorized Commercial Vehicles In Residential Areas One commercial vehicle per dwelling unit may be parked in residentially zoned districts of the City provided: I) 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 10,800 pounds gross vehicle weight or 22 feet in length, or in excess of 8 ft. high, 7) said vehicle has no visible commercial lettering or signage, materials, supplies, equipment, or storage racks attached thereto, stored therein, or stored there upon; and is parked in an enclosed garage or upon an improved or impervious surface in front of the front building line of the dwelling unit without intruding into the public right of way, 8) said vehicle has visible commercial lettering or signage; supplies, materials, equipment, or storage racks attached thereto, stored therein or stored there upon, but is parked in an enclosed garage or behind not less than a six (6) foot high fence in such manner that the vehicle is not visible from surrounding dwellings or the public right of way Section 20-434 Authorized commercial vehicles in agricultural and ranchland zoning districts. Utility vehicles used to maintain the site or horse trailers of any length are permitted within any parcel of 5 acres or more within any ranchland or agricultural zoned district provided that they are not visible from any rights-of-way or abutting property. Section 20-435 Authorized Commercial Vehicle Special Exception Permits One authorized commercial vehicle as defined in Section 20-433 above per dwelling unit may be exempted from the garaging and fencing requirements of Section 20-433 for a period of _2_ years from the effective date of this ordinance if the dwelling unit of the owner, user, or caretaker of the authorized commercial vehicle does not have a garage or fence capable of screening the vehicle from view as provided in Section 20-433 provided that the owner, user, or caretaker of the authorized commercial vehicle shall have first acquired from the City a special exception permit which shall be clearly affixed upon the rear window or rear panel of the authorized commercial vehicle. Following the termination of the period of the permit the commercial vehicle must comply in all respects with Section 20-433 of this Ordinance or be removed from the residential zoned district. No authorized commercial vehicle as defined in Section 20-433 may be provided a special exception permit later than (30) days after the effective date of this ordinance. A permit may be transferred to a similar authorized commercial vehicle as defined in Section 20-433 for the duration of the special exception period provided that a new permit is acquired from the City and the original permit is returned to the City. Lost special exception permits must be replaced by the City and affixed upon the vehicle as provided herein before the vehicle can be parked in a residentially zoned district of the City. Special Exception permits may be purchased from the City for a price of $25.00. Transferred and replacement special exception permits may be purchased from the City for a price of$ 25.00 Section 20-435 Exempted Vehicles Police, fire, rescue, and other governmental vehicles which serve a vital public safety, health or welfare purpose as determined by the City are exempted from the restriction of this ordinance and may be parked in residentially zoned districts of the City. Section 9-272 OfT-street parkinS! of commercial vehicles Except for the temporary parking of vehicles conducting business on the premises or engaged in the loading or delivering of materials, no overnight parking of tractor trailers, cube vans, semitrailers and/or cabs shall be permitted on any off-street parking facility within the city. Vehicles owned or operated by the business located on the licensed premises may be parked overnight provided that they are parked behind the business or if sufficient rear lot space is not available, in the least visible space from any rights-of-way and abutting property. A Special Events permit may be obtained for a period not to exceed 14 days for the temporary parking of a trailer, semitrailer, and./or their cabs for special occasions. After 90 days, this permit may be renewed once during a 12-month period.