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HomeMy WebLinkAbout2009 02 09 Regular 600 Re-Evaluate Commercial Vehicle IssueCOMMISSION AGENDA ITEM 600 February 9, 2009 Meeting CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X MGR /DEPT~~ A thorization REQUEST: Police Department, Code Enforcement Bureau requesting consideration by the City Commission to re-evaluate the Commercial Vehicle issues brought to their attention on January 26, 2009. PURPOSE: During the January 26, 2009 City Commission Meeting, Mrs. Jeannie Recola, had asked for assistance from the City Commission on repealing the ban of commercial vehicles particularly those not defined for commercial use by the Florida Department of Transportation (FDOT). CONSIDERATIONS: The City Commercial Vehicle Ordinance Sec 20-434(a) (7) currently does have limited exemptions or guidelines for residents who are making good faith efforts to comply with the ordinance. The Commission has since allowed the use of magnetic material or other covering that can be placed over lettering of commercial vehicles. They have also stated that equipment and ladders can be removed from storage racks to come into compliance with the current ordinance. Some residents are covering commercial lettering or removing equipment from their vehicles. These same residents periodically stop by their residence from time to time throughout the day for a short time and the code enforcement bureau receives telephones calls almost immediately for violations of the ordinance. Currently, Section 20-431 1 (a) & (b) parking, storage, or maintenance of commercial vehicles is prohibited in residentially zoned districts. The City has defined a residentially zoned district to include but not limited to R-U, R-1 AAA, R-C 1, R-1 AA, R 1-A, R-1, and R-3. Multi-family dwellings including apartments, townhouses, and patio homes are included under the R-3 classification. This does not include commercial vehicles that are at the property temporarily for goods and services being provided to the home owner or those parked on the street in front of the residence. ISSUE ANALYSIS: 1. Section 20-432, City Code of Ordinances governing Commercial Vehicles defines commercial Vehicles to be all passenger vehicles, trucks, trailers, with lettering and construction equipment of any type used in or designed to be used in business. 2. There are approximately 110 neighborhoods that have deed restrictions and of that a large number of them are mandatory. Mandatory Home Associations have there own regulations and enforcement actions that are available to them. They typically are more restrictive than city codes and address commercial vehicles in them. The Code Enforcement Bureau last year alone worked 258 violations of code for commercial vehicles. Of the 258 only 9 of the violations were for oversized registered commercial vehicles such as tow trucks, box trucks, etc., the remaining 249 were regular vehicles (Vans, passenger cars, SUV's) with lettering on them and/or ladder racks. We continually receive calls on commercial vehicles including Hospice nurses, vans and trucks at home for a short time during the day as well as the Florida Gas, Florida Power on call personnel overnight. The Code Enforcement Bureau is asking for guidance from the City Commission to evaluate the current ordinances pertaining to these issues. FUNDING: None required. RECOMMENDATION: The City Commission is asked to provide guidance for any modification to commercial vehicle ordinance to address those issues expressed Mrs. Recola. IMPLEMENTATION SCHEDULE: Immediately upon approval by Commission. ATTACHMENTS: Highlighted excerpts of the Commercial Vehicle Ordinances 20- 431, 20-432, and 20-434. Photographs of various types of commercial vehicles that are in violation. COMMISSION ACTION: 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 provide light, safety from fire, safety from other damages and to protect property owners from certain general nuisances associated with the unregulated parking, storage or maintenance of certain 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. Except as provided in section 20-434 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. 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 occupied as temporary living quarters while such recreational vehicle is parked or stored within a residentially zoned district in the city. No recreational vehicle parked or stored in the city shall have its wheels removed except for repair 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 vehicle shall be parked on an owner's property at any one (1) time. h. It shall be a violation of this chapter to park any vehicle enumerated in (1)a. above or to park any recreational vehicle within the right-of--way of any city street, alley, lane, way, drive or other thoroughfare overnight. (2) Exceptions. The parking, storage or maintenance of certain vehicles will be permitted in residentially zoned districts as exceptions to (1)a. through (1)h. above as follows: c. Any 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 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 subject to the restrictions set forth in this section. Provided, however, that no vehicle owned, operated or under the direct 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. d. Commercial vehicles as described in section 20-431 shall be allowed on public streets or within privately owned driveways or on residential properly for the limited and temporary purpose of loading or unloading goods or materials for the property owner upon whose property or adjacent to whose property the commercial vehicle is parked. Sec. 20-432. Commercial vehicle--Definition. For purposes of this chapter, commercial vehicles are defined to be all passengers 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. 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 asemi-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 often thousand eight hundred (10,800) pounds gross vehicle weight, or twenty-two (22) feet in length, or in excess of eight (8) ft. in height; (7) Said vehicle has no visible commercial lettering or signage, materials, supplies, equipment, or storage racks attached thereto, stored therein, or stored thereupon; 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. For purposes of this subsection (a), commercial lettering or signage shall not be considered visible if said lettering or signage is completely hidden by a thin opaque magnetic cover. Said cover shall be installed on the vehicle and shall consist of one solid neutral color. (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. Picture. Picture. Picture. Picture.