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HomeMy WebLinkAboutOrdinance 2014-12 RV/Boats Text Amendment ORDINANCE NO. 2014-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING SECTION 20-431 OF THE CITY CODE TO REQUIRE ANNUAL PERMITTING AND TO IMPOSE ADDITIONAL CRITERIA FOR THE PARKING, STORAGE OR MAINTENANCE OF RECREATIONAL VEHICLES,BOATS AND BOAT TRAILERS IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS,the parking, storage or maintenance of certain oversized vehicles is currently prohibited by City Code in residentially zoned districts without a permit issued by the City Commission; and WHEREAS, the City Commission desires to implement an administrative permitting process for the parking and storage of all recreational vehicles and oversized boats and boat trailers within residentially zoned districts and all properties containing a residential use in the City in order to enhance the value of residential districts, protect property values, and reduce hazards to motorists and pedestrians; and WHEREAS,the City Commission of the City of Winter Springs,Florida,hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Amendment to Chapter 20,Zoning. The City of Winter Springs Code, Chapter 20, Zoning, Section 20-431, "Parking, storage or maintenance of certain vehicles prohibited in residentially zoned districts" is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions. It is intended that the text in Chapter 20 denoted by the asterisks shall remain unchanged from the language existing prior to adoption of City of Winter Springs Ordinance No.2014-12 Page 1 of 4 this ordinance): 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: *** f. All recreational vehicles and boats parked or stored in a residentially zoned district, or upon any property containing a residential use, shall be parked or stored behind the front building line. No recreational vehicle in excess of twenty-eight (28) feet in length or boat in excess of twenty-three (23) feet in length, •• - - - : -- •- - •• . measurements shall be parked or stored in a residentially zoned district, or upon any property containing a residential use, without a permit issued by the city manager or the city manager's designee. . •• - . .. . - . - -• . In the case of a truck camper,the length measurement will include truck and camper.A permit shall not be issued unless the following criteria are met: 1. The recreational vehicle, boat or boat trailer shall be parked or stored behind the front building line and parked on a paved parking surface,provided, however,that a permit may be issued for a boat which, as of the effective date of this code section [July 28, 2014], has regularly been parked on an unpaved parking surface behind the front building line for at least sixty(60) days. 2. The recreational vehicle, boat or boat trailer shall be located in the driveway area permitted for the parking of passenger cars provided such driveway area is located behind the front building line.There must remain sufficient area in the driveway for the off-street parking of two (2)passenger cars without blocking the sidewalk area. 3. The recreational vehicle or boat shall not be used as a living unit when parked in a residential district or upon any property containing a residential use. City of Winter Springs Ordinance No.2014-12 Page 2 of 4 4. A recreational vehicle,boat or boat trailer must be inspected to ensure it is in a state of good repair with respect to exterior appearances. Recreational vehicles shall have a valid registration and license plate.Boats and boat trailers must be registered in accordance with Florida law. Prior to a permit being issued,the property owner shall grant the City access to the recreational vehicle, boat or boat trailer for purpose of this inspection. 5. The recreational vehicle, boat or boat trailer must be screened on all sides with a minimum 6-foot wall, opaque landscaping, or opaque fence. If landscaping is used for screening,said landscaping must be maintained in a manner to provide adequate screening. The area where the recreational vehicle, boat or boat trailer is parked must be maintained in such a manner as to prevent the growth of high weeds and the presence of garbage and other debris. 6. The recreational vehicle,boat or boat trailer shall be owned by a person residing on the subject property. The city manager shall be permitted to impose reasonable special conditions on permits issued under this subsection to the extent required to ensure compliance with the aforementioned criteria. In addition,permits approved under this subsection shall specify and be limited to the recreational vehicle,boat or boat trailer set forth in the permit application,and shall contain a description of the approved parking location on the subject property. Any permit issued under this subsection shall automatically expire twelve (12) months after issuance. Application may be made to renew such permit subject to all of the criteria, terms and conditions set forth in this subsection. g. .' - .. . ... - .•, - . . .. • - :- • . state of good repair, is being maintained in a neat and orderly condition and is owned by the owner of the property upon which it is parked. h. It shall be a violation of this chapter to park any vehicle enumerated in (1)a. above or to park any recreational vehicle, boat or boat trailer within the right-of-way of any city street, alley, lane, way, drive or other thoroughfare overnight. *** Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Winter Springs Ordinance No.2014-12 Page 3 of 4 Section 4. 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. 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 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs,Florida,and pursuant to City Charter. ADOPTED by the Cit Commission f the City of Winter Springs, Florida, in a regular meeting assembled on theaay of , 2014. d."//2,^ Charles Lacey, ATTEST: A ` 41 A ORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney Legal Ad Published: June 12, 2014 First Reading: June 23, 2014 Second Reading: July 28, 2014 Effective Date: July 28, 2014 City of Winter Springs Ordinance No.2014-12 Page 4 of 4