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HomeMy WebLinkAbout2019-06 Code Amendment - Boat and RV Parking• ORDINANCE NO. 2019-06 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING ARTICLE III, "STOPPING, STANDING AND PARKING," OF CHAPTER 18, "MOTOR VEHICLES," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 18-35, "BOATS AND BOAT TRAILERS; PARKING ON RESIDENTIAL PROPERTY RESTRICTED IN THE R-1 AND R-2 RESIDENTIAL ZONING DISTRICTS," TO REMOVE THE VILLAGE REGISTRATION REQUIREMENT, MODIFY THE SCREENING REQUIREMENTS AND ALLOW ADDITIONAL TIME FOR GROWTH OF VEGETATIVE SCREENING, AND BY AMENDING SECTION 18-35.1, "RECREATIONAL VEHICLES AND TRAILERS; PARKING ON RESIDENTIAL PROPERTY RESTRICTED IN R-1 AND R-2 ZONING DISTRICTS," TO REMOVE THE VILLAGE REGISTRATION REQUIREMENT AND ALLOW ADDITIONAL TIME FOR THE GROWTH OF VEGETATIVE SCREENING; AMENDING ARTICLE III, "DISTRICT REGULATIONS," OF CHAPTER 45 (APPENDIX C), "ZONING," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 45-36, "GENERAL PROVISIONS," TO REGULATE AND MODIFY GATE HEIGHT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance No. 2016-07, the Village Council amended and clarified the regulations governing the parking and storage of boats, trailers and recreational equipment in the R-1 and the R-2 Zoning Districts; and WHEREAS, the Village Council wishes to further amend these regulations to: eliminate Village registration; modify the screening requirements for boats; prohibit chain link fences with windscreens; and extend the grow in period for vegetative screening; and WHEREAS, in order to provide for greater screening, especially from adjacent rights -of -way, the Village Council also wishes to amend Section 45-6 of the Village Code of Ordinances to allow one gate on a residential lot to exceed the maximum height by up to eighteen inches, subject to additional restrictions; and WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests of the public health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing "whereas" clauses are hereby ratified as true and are incorporated herein. Section 2. The Village Council hereby amends Chapter 18, "Motor Vehicles and Traffic," Article III, "Stopping, Standing and Parking," of the Village Code of Ordinances by amending Section 18-35 to read as follows (new language is underlined and deleted language is stricken through): Sec. 18-35. Boats and boat trailers; parking on residential property restricted in R-1 and R-2 residential zoning districts. Page 1 of 7 Boats and boat trailers shall be parked in the side or rear yard, or within completely enclosed garages on sites containing a single family or duplex residence, subject to the following conditions: (1) A maximum of two (2) pieces of such equipment, inclusive of recreational vehicles provided for in section 18-35.1, shall be permitted on a site at one time, excluding those stored within a completely enclosed garage. Boats or personal watercraft shall be on trailers, and a boat or up to two (2) personal watercraft on a trailer shall be considered collectively as one (1) piece of equipment. (2) Such parking shall be limited to such equipment owned or leased by and for the use of the occupant of the site, except as otherwise provided in subsection (3) below. The location for such parked equipment shall be in the rear yard at least five (5) feet from the rear property line or in the side yard not projecting beyond the front building line. Equipment, including equipment owned by a guest of an occupant, may be temporarily parked on the site from the front building line to the paved street or alleyway (including the swale/rights-of-way as long as no portion extends into any sidewalk or street, but excluding the front yard) for a period of time not to exceed seventy-two (72) hours in any thirty (30) day period unless prohibited by section 18-34.1. (3) (4) Such equipment shall, at all times, be currently registered and licensed as required by the laws of the State of Florida, be registered with the Village, and, if applicable, shall display a current registration sticker and have attached a current vehicle license plate. Each individual registering equipme :tom the Village shall allow Village personnel to inspect the equipment on site during normal business haur,. Failure to allow such inspection shall cr ate When parked on the site, such equipment shall not be used for living or sleeping quarters or for housekeeping or storage purposes and shall not have attached thereto any water, sewer, electric or gas service connection, except for the purpose of recharging a vehicle's storage batteries. (6) Such equipment shall not exceed the maximum length, width, height and weight permitted under applicable provisions of the motor vehicle laws of the State of Florida; provided, however, the maximum length of the boat exclusive of the trailer shall not exceed thirty (30) feet and the maximum height shall not exceed twelve (12) feet, as measured from the ground. The length of the boat shall be determined utilizing the boat's state registration. Such equipment shall be securely affixed to the ground or removed immediately upon the issuance of a hurricane or tropical storm warning by a recognized government agency so that it will not be a hazard or menace during high winds or hurricanes. (5) (7) Page 2 of 7 (8) All such equipment, when parked on site, shall be visually screened from the view of abutting properties, street rights -of -way, and alleyways in accordance with subsections (a) and (b) below. The line of sight shall be from the edge of abutting properties, street rights -of -way and alleyways closest to the site. (a) Screening shall be in the form of a properly anchored opaque wall, fence, or gate (meeting all building code requirements) or an opaque hedge. Walls, gates or fences shall be constructed in accordance with section 45-36(D), and the use of chain link fencing with windscreens is prohibited. Hedges or other living vegetation shall be planted in the ground on the property on which the equipment is located and shall be of sufficient height to screen such equipment. If screening requires vegetation greater than four (4) feet in height, vegetation shall be planted a minimum of four (4) feet at grade and shall reach a sufficient height to screen such equipment within one (1) two (2) years. Vegetation shall be maintained at all times so as not to encroach onto neighboring properties or rights -of -ways. (b) All boats hulls shall be fully screened,. along the side and r r property lines, provided, however, that eiy consoles, t-tops, canopies, outriggers, electronics and similar appurtenances atop the boat may project beyond the screening material when viewed from the right of way adjacent to the front of the property. This exception does not apply to boats with cabins Notwithstanding the foregoing, boats with cabins must be fully screened on all sides. (9) If covers are provided for the open part of boats, they shall be tightly fitted such that they conform to the contours of the boat. Covers shall be a solid color. No tarps shall be used. (10) All such equipment and the associated parking areas shall be kept in a clean, neat and presentable condition. Such equipment shall not be inoperable, wrecked, junked, partially dismantled or abandoned. Major repairs or overhauling shall not be conducted on the site. (11) The village council finds that, as a matter of fact, boats are a customary accessory use of the land in R-1 and R-2 zoning districts in the village. (12) Such parked equipment shall not be used in the course of any commercial activity. For this purpose, commercial activity shall include any type of business or activity which is conducted on or off the subject premises. (13) Any person seeking to store on his or her property equipment that does not meet the dimensional requirements of subsection (6) above or the setback from the rear property line required by subsection (3) above may file an application for a special exception on a form supplied by the community development department. Page 3 of 7 (a) The special exception An applicant seeking an exception to the dimensional requirements shall be required to demonstrate that due to the size, shape or physical configuration of the property and the location of the equipment, the applicant meets all non -dimensional requirements of this section, including, but not limited to, setbacks and required screening. An applicant seeking an exception to the rear setback requirement shall be required to demonstrate that due to the size, shape or physical configuration of the property, there is no suitable alternate storage location on the property and the applicant meets all other requirements of this section including, but not limited to, required screening. (b) The application shall, at a minimum, be accompanied by a survey demonstrating the precise location proposed for storage of the equipment relative to adjacent properties and rights -of -way, and a site plan showing the proposed screening material, including all walls, fences, gates and landscaping. (c) The community development department shall review the application to ensure it is complete and prepare the necessary documentation for review by the planning commission. The planning commission shall review the application at a public hearing and forward a recommendation of approval, approval with conditions or denial to the village council. The village council shall conduct a public hearing and approve, approve with conditions or deny the application. The village council's final determination shall be set forth in a written order. (d) The procedure and notice requirements for consideration of the special exception application shall be as set forth in sections 45-16.2(e) and (f) of the village code. Section 3. The Village Council hereby amends Chapter 18, "Motor Vehicles and Traffic," Article III, "Stopping, Standing and Parking," of the Village Code of Ordinances by amending Section 18-35.1 to read as follows (new language is underlined and deleted language is .tricken through): Sec. 18-35.1. Recreational vehicles and trailers; parking on residential property restricted in R-1 and R-2 residential zoning districts. Recreational, campers, and camping equipment in the form of travel and/or camping trailers, motor homes, personal use recreational use trailers including motorcycle and all terrain vehicle trailers and vans, designed and used exclusively as temporary living quarters for recreation, for camping, for travel and for other personal recreation use, shall be parked in the side or rear yard, or within completely enclosed garages on sites containing a single family or duplex residence, subject to the following conditions: (1) A maximum of two (2) pieces of such equipment, inclusive of those provided for in section 18-35 at a time shall be permitted on a site, excluding those stored within a completely enclosed garage. No more than one (1) recreational vehicle shall be permitted on site. Page 4 of 7 (2) (3) Such parking shall be limited to such equipment owned or leased by and for the use of the occupant of the site. The location for such parked equipment shall be in the rear yard at least five (5) feet from the rear property line, or in the side yard not projecting beyond the front building line. Equipment, including equipment owned by a guest of an occupant, may be temporarily parked on the site from the front building line to the paved street or alleyway (including the swale/rights-of-way as long as no portion extends into any sidewalk or street) for a period of time not to exceed seventy-two (72) hours in any thirty (30) day period unless prohibited by section 18-34.1. (4) Such equipment shall, at all times, be currently registered and licensed as required by the laws of the State of Florida, be registered with the Village, and, if applicable, shall display a current registration sticker and have attached a current vehicle license plate. & ch individual registering equipment with the Village :,hall allow Village personnel to inspect the equipment on site during normal burin oum. Failure to allow such inspection Nall creatc a rebuttable presumption that such equipment is in violation of this section. When parked on the site, such equipment shall not be used for living or sleeping quarters or for housekeeping or storage purposes and shall not have attached thereto any water, sewer, electric or gas service connection, except for the purpose of recharging a vehicle's storage batteries. (6) Such equipment shall not exceed the maximum length, width, height and weight permitted under applicable provisions of the motor vehicle laws of the State of Florida; provided, however, the maximum length of the equipment exclusive of the trailer shall not exceed thirty (30) feet and the maximum height shall not exceed ten (10) feet. Such equipment shall be securely affixed to the ground or removed immediately upon the issuance of a hurricane or tropical storm warning by a recognized government agency so that it will not be a hazard or menace during high winds or hurricanes. (8) All such equipment, when parked on site shall be visually screened from the view of abutting properties, street rights -of -way, and alleyways. The line of sight shall be from the edge of abutting properties, street rights -of -way and alleyways closest to the site. Screening shall be in the form of a properly anchored opaque wall, fence or gate (meeting all building code requirements) or an opaque hedge. Walls, gates or fences shall be constructed in accordance with section 45-36(D), and the use of chain link fencing with windscreens is prohibited. Hedges or other living vegetation shall be planted in the ground on the property on which the equipment is located and shall be of sufficient height to screen such equipment. If screening requires vegetation greater than four (4) feet in height, vegetation shall be planted a minimum of four (4) feet at grade and shall reach a sufficient height to screen such equipment within one (1) two (2) years. Vegetation shall be maintained at all times so as not to encroach onto neighboring properties or rights -of -ways. Page 5 of 7 (5) (7) (9) All such equipment and the associated parking areas shall be kept in a clean, neat and presentable condition. Such equipment shall not be inoperable, wrecked, junked, partially dismantled or abandoned. Major repairs or overhauling shall not be conducted on the site. (10) The village council finds that, as a matter of fact, recreational equipment and camping equipment are customary accessory uses of the e land in R-1 and R-2 zoning districts in the village. (11) Such parked equipment shall not be used in the course of any commercial activity. For this purpose, commercial activity shall include any type of business or activity which is conducted on or off the subject premises. (12) Any person seeking to store on his or her property equipment that does not meet the dimensional requirements of subsection (6) above or the setback from the rear property line required by subsection (3) above may file an application for a special exception on a form supplied by the community development department. (a) The special exception An applicant seeking an exception to the dimensional requirements shall be required to demonstrate that due to the size, shape or physical configuration of the property and the location of the equipment, the applicant meets all non -dimensional requirements of this section, including, but not limited to, setbacks and required screening. An applicant seeking an exception to the rear setback requirement shall be required to demonstrate that due to the size, shape or physical configuration of the property, there is no suitable alternate storage location on the property and the applicant meets all other requirements of this section including, but not limited to, required screening. (b) The application shall, at a minimum, be accompanied by a survey demonstrating the precise location proposed for storage of the equipment relative to adjacent properties and rights -of -way, and a site plan showing the proposed screening material, including all walls, fences, gates and landscaping. (c) The community development department shall review the application to ensure it is complete and prepare the necessary documentation for review by the planning commission. The planning commission shall review the application at a public hearing and forward a recommendation of approval, approval with conditions or denial to the village council. The village council shall conduct a public hearing and approve, approve with conditions or deny the application. The village council's final determination shall be set forth in a written order. (d) The procedure and notice requirements for consideration of the special exception application shall be as set forth in sections 45-16.2(e) and (f) of the village code. Page 6 of 7 • • Section 4. The Village Council hereby amends Chapter 45 (Appendix C), "Zoning," Article III, "District Regulations," of the Village Code of Ordinances by amending Section 45-36 to read as follows(new language is underlined): Sec. 45-36. General provisions. The provisions of this article shall be subject to the following provisions and exceptions: *** D-4. The height of a gate affixed to a wall or fence shall not exceed the maximum wall or fence height, provided, however, that on residential lots, one gate up to twenty (20) feet in width (inclusive of gate posts) may exceed the maximum height by up two (2) feet. Section 5. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 6. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 7. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 8. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 13TH DAY OF JUNE, 2019. PLACED ON SECOND, FINAL READING AND PASSED THIS 11TH DAY OF JULY, 2019. } t4fiSfi6fittfff;� .,. k0 _ e Seal 'GWW X l lla rLORIDA iaaf x MAYOR j0 A VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 7 of 7