HomeMy WebLinkAbout2021-01 Code Amendment - Boats and Recreational Vehicles•
ORDINANCE NO. 2021-01
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," AND SECTION 18-35.1,
"RECREATIONAL VEHICLES AND TRAILERS; PARKING ON RESIDENTIAL
PROPERTY RESTRICTED IN R-1 AND R-2 ZONING DISTRICTS," TO MODIFY
THE LOADING AND SCREENING REQUIREMENTS, ALLOW FOR PERIODIC
UTILITY CONNECTIONS FOR MAINTENANCE, ELIMINATE THE SPECIAL
EXCEPTION . PROCESS AND PROVIDE FOR A NEW DIMENSIONAL
EXCEPTION PROCESS; 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, through the adoption of Ordinance No. 2019-06, the Village Council amended these
regulations to: eliminate Village registration; modify the screening requirements for boats; prohibit
chain link fences with windscreens; extend the grow in period for vegetative screening; and modify the
special exception process; and
WHEREAS, the Village Council wishes to again amend these regulations to: allow additional time for
loading and unloading of such equipment; exempt mechanical equipment on recreational vehicles from
the height restriction; allow periodic utility connections to maintain the equipment and appliances;
relax the screening requirements; and eliminate the special exception process and provide for a
dimensional exception process for residents who owned and stored such equipment on their properties
on or before November 12, 2020; 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):
Page 1 of 10
•
•
Sec. 18-35. Boats and boat trailers; parking on residential property restricted in
R-1 and R-2 residential zoning districts.
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.
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 four (4) twenty-four (24) hour periods in any '
fourteen (14) day seventy two (72) hours in any thirty (30) day period unless
prohibited by section 18-34.1.
Such equipment shall, at all times, be currently registered and licensed as
required by the laws of the State of Florida and, if applicable, shall display a
current registration sticker and have attached a current vehicle license plate.
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 as may be
required to maintain the equipment or appliances or recharee 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.
(7)
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
Page 2 of 10
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 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.
Equipment is not required to be screened from the right-of-wav providing access
to the rear or side yard if such equipment is located behind a gate at least six (6)
feet in height and no more than twenty (20) feet wide.
(a) Screening shall be in the form of a properly anchored opaque wall, fence,
or gate (meeting all building code requirements) or awepaque a hedge or
other living vegetation, each with a minimum opacity of ninety percent
(90%). 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 located on the
same property as the equipment 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
two (2) years. Existing hedges or other living vegetation on an adiacent
Property may be used to provide the required screening, provided,,
however, that in the event the hedges or other living vegetation on an
adiacent property is removed and not replaced so as to provide the
required screening, screening shall be provided on the property on which
the equipment is located in accordance with the requirements of this,
section or the equipment shall be removed from the property. Vegetation
shall be maintained at all times so as not to encroach onto neighboring
properties (if provided on the property on which the equipment is
located) or rights -of -way.
(b)
All boat hulls shall be fully screened,, provided, however, that consoles,
t-tops, canopies, outriggers, electronics and similar appurtenances atop
the boat may project beyond the screening material. 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.
Page 3 of 10
•
•
(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 resident who, on or before November 12, 2020. both (i) owns person
seeking to store on hio 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 and (ii) has stored such
equipment on his or her property may file an application for a special
dimensional exception on a form supplied by the community development
department. No fee shall be charged for such application.
(a) An applicant seeking an exception to the dimensional requirements or
rear setback requirement shall be required to demonstrate that due to the
1, 1 t f the t o to retie o f
:r'.Z�., shape-vr�rr�.rrcccr�irrr�ct=oir-or-crr t.��,l...��� ,.��... ,.�... �.,.,,.....,�. „�
the equipment, the applicant meets all non dim--erisional requirements of
screening. An applicant seeking an exception to the rear setback
requirement :shall bc rcquircd to dcmonstrate that due to the size, shape
or physical configuration of the -property, there is no suitable alternate
storage location on the prop the applicant meets all other
requirements of this section including, but not limited to, required
screening, and that the equipment will not significantly affect the natural
light or increase the shadows or shade on an adiacent property to the
extent that the storage of the equipment on the applicant's property has a
negative impact on the neighbor's enjoyment of his or her propertv..
(b) The application shallrat a minimum, be accompanied by the following
information:
1. Documentation demonstrating equipment ownership and date of
acquisition;
2. Identification of the location of the equipment as evidenced by
Photographs and/or a sketch: and
3. Identification of the wall, fence or vegetation utilized for
screening in relation to adjacent properties as evidenced by
photographs and/or a sketch.
Upon receipt of a completed application, village staff will conduct a site
visit to verify compliance with the criteria set forth above and may
Page 4 of 10
•
require the applicant to provide additional information to complete the
application process.
a survey demonstrating the precise location proposed for storage of the
egu entdj ace„t „feperties 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 ro icw the
application —at a public hearing and forward a recommendation of
apprcaal, 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.
(7 d ti or-c nth
) Tl, .a ,^.a`•+;ce=rr"'�'i-r@i�tTf9r�virsracraciorr-o�cric-oreviw
l l exception application shall be as set forth in sections 1 5 1 5.2(e) and (f)
of the village code The applicant shall be required to notify all adjacent
property owners, including the owners of properties separated from the
applicant's property by a public or private right-of-way, of the council's
consideration of the dimensional exception application. Such notice
shall be on a form supplied by the community development department.
Ownership shall be determined utilizing the county property appraiser's
database. At least seven (7) days prior to the village scheduling the
dimensional application for consideration by the village council, the
applicant shall provide a notarized certification that such notice has been
provided to all adiacent property owners either via first class mail or
hand -delivery. No additional notice shall be required.
Lee,) A dimensional exception shall not run with the property and the sale of
the property, a change in the occupant of the property, or a change in the
ownership of the equipment shall terminate the approval. Once a
dimensional exception has been granted by the village council, any
increase in the size of the equipment or significant alteration of the
required screening, including but not limited to, the removal of a hedge
or other living vegetation on adiacent property, shall require a new
application. Notwithstanding the foregoing, if a resident who has been
granted a dimensional exception acquires new equipment of the same or
smaller dimension that still exceeds the dimensional requirements set
forth in subsection (6) above, he or she shall be required to apply for
administrative approval on a form supplied by the community
development department.
Page 5of10
•
•
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 stricken 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.
(2) Such parking shall be limited to such equipment owned or leased by and for the
use of the occupant of the site.
(3)
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
four (4) twenty-four hour periods in anv fourteen (14) day seventy two (72)
hours in any thirty (30) 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 and, if applicable, shall display a
current registration sticker and have attached a current vehicle license plate.
(5)
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 as may be
periodically required to maintain the equipment and appliances or recharge 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, exclusive of affixed mechanical equipment.
Page 6 of 10
•
•
(7)
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 in accordance
with the requirements set forth below. The line of sight shall be from the edge
of abutting properties, street rights -of -way and alleyways closest to the site.
Equipment is not required to be screened from the right-of-way providing access
to the rear or side yard if such equipment is located behind a gate at least six (6)
feet in height and no more than twenty (20) feet wide.
(9)
Screening shall be in the form of a properly anchored epague wall, fence or gate
(meeting all building code requirements) or an opaque a hedge or other living
vegetation, each with a minimum opacity of ninety percent (90%). 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 located on the same property as the equipment 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 two (2) years. Existing hedges or other living vegetation on an adiacent
property may be used to provide the required screening, provided, however, that
in the event the hedges or other living vegetation on an adiacent property is
removed and not replaced so as to provide the required screening, screening
shall be provided on the property on which the equipment is located in
accordance with the requirements of this section or the equipment shall be
removed from the property. Vegetation shall be maintained at all times so as not
to encroach onto neighboring properties (if provided on the property on which
the equipment is located) or rights -of -way.
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 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.
Page 7 of 10
•
(12) Any resident who, on or before November 12. 2020, both (i) owns person
seeking to store on his. €r 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 and (ii) has stored such
equipment on his or her property, may file an application for a special
dimensional exception on a form supplied by the community development
department. No fee shall be charged for such application.
(a) An applicant seeking an exception to the dimensional requirements or
rear setback requirement shall be required to demonstrate that due to the
the equipment, the applicant meets all non dimensional requirements of
screening. An applicant seeking an c:zception to the rear setback
requirement Nall be required to demonstrate that due -to z =ape
or physical-cconfrg tion of the- roperty, ereNo suitable alternate
storage location on the property and the applicant meets all other
requirements of this section including, but not limited to, required
screening, and that the equipment will not significantly affect the natural
light or increase the shadows or shade on an adjacent property to the.
extent that the storage of the equipment on the applicant's propertv has a
negative impact on the neighbor's enjoyment of his or her property.
(b) The application shallot a minimum, be accompanied by the following
information:
1. Documentation demonstrating equipment ownership and date of
acquisition;
2. Identification of the location of the equipment as evidenced by
photographs and/or a sketch; and
3. Identification of the wall, fence or vegetation utilized for
screening in relation to adjacent properties as evidenced by
photographs and/or a sketch.
Upon receipt of a completed application. village staff will conduct a site
visit to verify compliance with the criteria set forth above and may
require the applicant to provide additional information to complete the
application process.
a strntin the to ntie propose_ f sty e f t�,e
�u�
equipment relative to adjacent ,
plan hawing the proposed screening material, including all walls,
fences, gates and landscaping.
Page 8 of 10
•
•
(c) The community development department shall review the application to
ensure it is complete and prepare the necessary documentation for review
by the plani ing-sors.:z.imion. The pla :ing-eommio. on :hall 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) TThe proc rnvciee requir-emeiits-for consi ion of e-speoiaal
exception app izati all be us set forth in sections 45 16.2(e) and (f)
of the village code The applicant shall be required to notify all adjacent
property owners, including the owners of properties separated. from the
applicant's property by a public or private right-of-way, of the council's
consideration of the dimensional exception application. Such notice,
shall be on a form supplied by the community development department.
Ownership shall be determined utilizing the county property appraiser's
database. At least seven (7) days prior to the village scheduling the
dimensional application for consideration by the. village council, the
applicant shall provide a notarized certification that such notice has been
provided to all adjacent property owners either via first class mail or
hand -delivery. No additional notice shall be required.
A dimensional exception shall not run with the property and the sale of
the property , a change in the occupant of the property, or a change in the
ownership of the equipment shall terminate the approval. Once a
dimensional exception has been granted by the village council. any
increase in the size of the equipment or significant alteration of the
required screening, including but not limited to, the removal of a hedge
or living vegetation on adjacent property, shall require a new application.
Notwithstanding the foregoing, if a resident who has been granted a
dimensional exception acquires new equipment of the same or smaller
dimension that still exceeds the dimensional requirements set forth in
subsection (6) above. he or she shall be required to apply for
administrative approval on a form supplied by the community
development department.
Section 4. The provisions of this Ordinance shall become and be made a part of the Code of the
Village of North Palm Beach, Florida.
Section 5. 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.
Page 9 of 10
Section 6. 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 7. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 10TH DAY OF DECEMBER, 2020.
PLACED ON SECOND, FINAL READING AND PASSED THIS 14TH DAY OF JANUARY, 2021.
R(T/' rffO ,
. ,G7
Oalltig.e Seal)
4
ATTEST:• ...
VILLA E ERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
e
a
Page 10of10