HomeMy WebLinkAbout2001 01 08 Public Hearings D First Reading - Ordinance 2001-06 Parking in Residential Areas
COMMISSION AGENDA
ITEM D
Consent
Informational
Public Hearing X
Regular
January 8. 2001
Meeting
~ 0(101
;gr. I Attomey I ~
Authorization
REQUEST:
The Community Development Department-Code Enforcement Division requests
the City Commission holds a first reading of Ordinance 2001-06 that amends the
code dealing with parking in residential areas.
PURPOSE:
The purpose of this agenda item is to request the City Commission holds a first reading of
Ordinance 2001-06 that deals with parking in residential areas.
APPLICABLE LAW AND PUBLIC POLICY:
Under current regulations, recreational vehicles, including boats, trailers, and campers are
prohibited from temporarily being parked in front yards and driveways, (Section 20-411).
Ordinance 2001-06 would allow for the temporary parking of these vehicles in driveways for the
purpose of loading, unloading and routine maintenance.
CONSIDERA TIONS:
At the November 27,2000 meeting, the City Commission directed Staff to prepare an amendment
that would allow the temporary parking of recreational vehicles not otherwise prohibited for a 48-
hour time period.
At the December 11, 2000 meeting, the City Commission directed Staff to review the terminology
used in the ordinance and advise as to the appropriate terminology to be used for describing the
land surrounding the residence. After further review, Staff is recommending the use of the word
"yard" because it is a zoning term of art defined in the City zoning code. See a copy of the
various definitions of "yard" contained in the zoning code which are attached to this item.
JANUARY 8,2001
PUBLIC HEARING AGENDA ITEM D
Page 2
STAFF RECOMMENDATION:
Staff recommends the City Commission holds a first reading of Ordinance 2001-06 and schedules
a second reading to adopt. .
ATTACHMENTS:
A. Section 20-411, City Code
B. Ordinance 2001-06
C. Zoning code
COMMISSION ACTION:
ATTACHMENT A
Sees. 20-417-20-430. Reserved.
~ 20-411
WINTER SPRINGS CODE
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
occupies them.
(Ord. No. 44, ~ 44.74, 1-8-68)
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-lAA 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-lAA
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-U zoned areas.
(Ord. No. 44, ~ 44.80, 1-8-68)
DIVISION 2. MOTOR VEHle
Sec. 20-431. Parking, storage or
of certain vehicles p
in residentially zoned
In order to protect and promote thO~"
health, safety and welfare, and among ~
poses, to provide light, safety from fire:;"
from other damages and to protect property
ers from certain general nuisances
with the unregulated parking, storage or
nance of certain vehicles, the parking, 8
maintenance of certain vehicles as herein ".~-'
fied in the areas herein specified are pro
except as herein provided:
(1) Prohibitions:
'"
a. Except as provided in section 20-434',
below, no person owning, renliDl..<~
leasing real property in a resideaUlli~
zoned district shall cause or allow "~0
be parked on any residential ~
erty a commercial vehicle as defUMd
in section 20-432.
No person owning, renting, lensiDC
or otherwise being in control of tbt
use of any lot, parcel or piece of I'\"4l
property located in a residenti41ly
zoned district or living thereupon
shall cause or allow any vehicles IU
enumerated in (l)a. above to ~
parked, stored or maintained upon
such property. .
No recreational vehicles shall be 0c-
cupied as temporary living qu.arte:-
while such recreational vehIcle lj
parked or stored within a residen.
tially zoned district in the city. :\0
recreational vehicle parked or stored
in the city shall have its w~eels
removed except for repair or malOle-
nance.
No recreational vehicle shall ~l
. th t it sh:tl
parked m such a way a
obstruct the view of traffic or impede
the vision of vehicular traffic.
b.
c.
d.
1364
ATTACHMENT B
ORDINANCE NO. 2001-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
SECTION 20-411 RELATING TO THE PARKING OF
CAMPERS, CAMP TRAILERS, AND BOATS AND TRAILERS
IN RESIDENTIAL AREAS; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of Winter Springs recognizes the need to protect property
values by restricting the parking of certain vehicles in residential areas; and
WHEREAS, the City Commission hereby recognizes and finds that prohibiting the parking
of campers, camp trailers, and boats and trailers in front yards of residential properties, except on a
temporary basis for limited purposes, furthers the aesthetic and historical character of residential
neighborhoods; and
WHEREAS, the City Commissiol? finds that this ordinance is in the best interests of the
public health, safety and welfare of the citizens of Winter Springs,
NOW, THEREFORE, THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS
FOLLOWS:
Section 1. Winter Springs Code Section 20-411 is hereby amended as follows: (underlined
type indicates additions and strikeout type indicates deletions ).
Section 20-411. Trailers in Residential Areas.
~ No house trailers will be permitted in residential zone areas except for
residential zones specifically providing for mobile homes. Except as
provided in subparagraph (b). campers, camp trailers and boats and
trailers will be permitted ifkept in a garage, carport, rear yard or side yard
not fronting any street, providing no one occupies them.
(b) Campers. camp trailers and boats and trailers may be parked temporarily
in the driveway of residential zone areas for a period of time not to exceed
forty-eight (48) hours within any ten (10) consecutive day time period for
the limited purposes ofloading. unloading and general maintenance. For
purposes of this section. "driveway" shall mean the private access area
designed and approved for the parking of private vehicles.
City of Winter Springs Ordinancc No. 2001-06
Pagc 1 01'3
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. Incorporation Into Code. This ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of ,2001.
Paul P.Partyka, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONL Y:
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
City ofWintcr Springs Ordinancc No. 2001-06
Pagc 2 of3
ATTACHMENT C
~ 20-1
1314
WINTER SPRINGS CODE
ingelmann Chart and number. A chart de-
scri ed in the United States Bureau of Mines
Info ation Circular 6888, and of which are illus-
trate graduated shades of gray for use in esti-
matin the light obscuring capacity of smoke. A
Ringel ann number is the number of the area in
the Rin lmann Chart that coincides most nearly
with the isual density of emission.
Service s atwn. Any o'uilding, structure or land
used for the ispensing, sale or offering for sale at
retail of any utomobile fuels, oils or accessories
and in conne ion with which is performed gen-
eral automoti servicing as distinguished from
automotive rep 'rs.
Smoke units. oke units represent the num-
ber obtained by m ltiplying the smoke density in
Ringelmann numb s by the time of emission in
minutes.
Sound level meter. instrument standardized
by the American Stan ards Association for mea-
surements of the inten 'ty of sound.
Story. That portion of building included be-
tween the surface of any oor and the surface of
the next floor above it, th n the space between
such floor and the ceiling n above it.
Street. A public or private oroughfare which
affords the principal means of ccess to abutting
property. This includes land, pI ce, way or other
means of ingress or egress regar less of the term
used to describe it.
Street right-of-way. The dividing 'ne between a
lot, tract or parcel of land and a contl uous street.
Structure. Any thing constructed, erected or
placed, the use of which requires m e or less
permanent location on the ground and shall in-
clude tents, lunch wagons, dining cars, c np cars
or other structures on wheels or other s pports
and used or intended for business or livin quar-
ters.
Structural alterations. Any substantial cha ge,
except for repair or replacement in support g
members of a building such as bearing wal ,
columns, beams or girders, floor joists or ro
joists.
. bdiuisio.n.. ~or the purpose of these"
tIOns, subdIVISIOn of land is either:.....'~,:
. .-.f(.
he platted division of land" ·
o e (1) acre or more in area, into
or arcels;
(2)
(3) ivision ofland of one (1)
more in are heretofore divided or
into lots, sit or parcels.
~-:
Trailer park. A duly licensed c~p:~
other area established to carry on the :b'
parking or otherwise servicing traileri;:\?'4
': ~\ '7"' ~:, ":
Use, principal. The main use of lan~l,'~~
. '" . . Vol.
sory use.
Yard. An open space at grade bet~k,~ita;~
ing and adjoining lot line, unoccupied 'a#auu
structed by a portion of a structure 'from
ground upward, except as otherwisel\,prcm
herein. In measuring a yard for thep,u, ,~.
determining the width of a side yard, th.eji~.e
a front yard or the depth of a rear ,y':~
minimum horizontal distance between tl;1~1.o .
and the principal building shall be.u~e'd:;~::'
. " .j.~ ~;JJ.t
Yard, front. Ayard extending acrosst!j~
a lot between the side yard lines a#d}r;~"
minimum horizontal distance betweehtfj~.
" ,.t;':._
line and the principal building or any;"pi~, ... .
of uncovered steps, uncovered balconies .Pl!;,'
e.red porches. On corner lots, the front yard shall
be considered as parallel to the street upon which
the lot has its dimension.
Yard, rear. A yard extending across the rear of
a lot between the sidelines of lots and being the
nlinimum horizontal distance between the rear of
the principal building or any projections thereof
other than the projection of uncovered steps,
balconies or porches. On all corner lots, the rear
,'ard shall be at the opposite end of the lot from
the front yard.
Yard, side. A yard between the principal build-
ing and the sideline of a lot and extending from
the front lot line to the rear yard and being the
minimum horizontal distance between a side lot
line and the side of the principal building or any
projection thereto.
lOrd. No. 44, S 44.24, 1-8-68; Ord. No. 675, 12-8-
97)
Cross reference-Definitions and rules of construction
generally, 9 1-2.
S' . 20-2. Basis for regulations and require-
ments herein set forth.
The egulations and requirements herein set
forth ha been made in accordance with a com-
prehensiv plan, with reasonable consideration,
among othe things, to the prevailing land uses,
growth chara eristics and the character of the
respective dist ts and their peculiar suitability
for particular u s and to encourage the most
appropriate use of nd throughout the city.
(Ord. No. 44, * 44.0 1-8-68)
Sec. 20-3. Purpose.
In their interpretation nd application, the
provisions of this chapter sh 1 be the minimum
requirements to promote the p blic health, mor-
als, safety and general welfare; 0 conserve the
taxable value of land and building nd to protect
the character and maintain the sta 'lity of resi-
dential, business and industrial areas ithin the
city and to promote the orderly and neficial
development of such areas. Among oth pur-
poses, such provisions are intended to p vide
adequate light, air, privacy and convenienc of
access to property, to avoid undue concentrati
of 0 .
ZONING
920-5
nd bulk of buildings; the size and open spaces
rrounding buildings; to establish building lines;
to divide the city into districts restricting and
re lating therein the construction, reconstruc-
tion alteration and use of buildings, structures
and nd for residence, business, industrial and
other pecified uses; to limit congestion in the
public treets by providing off-street parking of
motor hides; and to define the powers of the
administ ative officers ofthe planning and zoning
board as ovided herein.
(Ord. No. , * 44.02, 1-8-68)
This chapter' s not intended to repeal, change,
abrogate, annul r in any way impair or interfere
with the provisio s of other laws or ordinances
existing on the e ective date of the ordinance
from which this sec' on was derived, except those
specifically repeale or any private restrictions
placed on property covenant, deed or other
private agreement. re this chapter imposes a
greater restriction upo the use of buildings or
land or upon the height f buildings or lot cover-
age, or require greater 10 areas, larger yards or
other open spaces than imposed or required
by such existing provisions f law or ordinance or
by such rules, regulations 0 permits or by such
private restrictions, the provi . ons of this chapter
shall control.
(Ord. No. 44, * 44.03, 1-8-68)
Sec. 20-5. Interpretation, pur
fliet.
In interpreting and applying the rovisions of
this chapter, they shall be held to be th minimum
requirements for the promotion of e public
health, safety, morals and general welt e of the
community. It is not intended by this cH pter to
interfere with, abrogate or annul any lawf 1 ease-
ments, covenants, or other agreements b ween
parties; provided, however, that where this hap-
ter imposes a greater restriction upon the u e of
buildings or premises or upon the height of
buildings, or requires larger open spaces than a: e
1315
Jupiter Inlet Colony: Code of Ordinances
Excerpt from Chapter 20 - Vehicles & Watercraft
(a) No owner of real property or of any interest therein, within the territorial boundaries of
the municipality, shall keep or permit the parking, storage or maintenance of any commercial
or recreational vehicle, boat, truck, watercraft, van, A TV-motorcycle, and all trailers as those
terms are defined in section 20-1, upon such real property between the hours of 6:00 p.m and
8:00 a.m, except as may be provided herein, Notwithstanding the prohibitions set forth
hereinabove, any commercial or recreational vehicle, truck, watercraft, van, ATV-motorcycle,
and all trailers as those terms are defined in section 20-1, may be parked or stored on private
real property within the town, or a plot improved with a permitted structure, provided such
vehicle, boat or trailer, as set forth above, is parked in a permitted garage, or is otherwise
"screened from view" as described below, For purposes of this chapter. "screened from view"
shall mean such vehicle, boat or trailer shall be fully stored, parked or placed in a garage or
behind the front building line and screened from view, as viewed from eye level, from the
public streets and from adjacent property, Further, upon request, the clerk or town police may
grant a permit for relief from the prohibition, provided, only one permit per lot may be granted
in any consecutive thirty (30) day period, the permit shall allow parking or storage for no longer
than a twenty-four (24) consecutive hour period, and said permit shall be posted at the police
department to provide notice to all interested persons.
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