2016-07 Parking and Storage of Boats, Trailers, and Recreational EquipmentORDINANCE NO. 2016-07
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 CREATING A NEW SECTION
18 -33, "DEFINITIONS," AMENDING, SECTION 18 -35, "RECREATIONAL,
BOATING AND CAMPING EQUIPMENT AND PERSONAL RECREATIONAL
USE TRAILERS; PARKING ON RESIDENTIAL PROPERTY RESTRICTED,"
TO APPLY ONLY TO BOATS AND BOAT TRAILERS, AND CREATING A
NEW SECTION 18 -35.1, "RECREATIONAL TRAILERS; PARKING ON
RESIDENTIAL PROPERTY RESTRICTED IN R -1 AND R -2 ZONING DISTRICTS;
AMENDING ARTICLE VI, "CODE ENFORCEMENT," OF CHAPTER 2,
"ADMINISTRATION," BY AMENDING SECTION 2 -173, "APPLICABILITY,"
TO PROVIDE FOR ENFORCEMENT BY THE SPECIAL MAGISTRATE;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, after extensive review and consideration of both the rights and interests of all
residents and property owners as well as the overall aesthetics of the Village, the Village Council
wishes to amend and clarify the regulations governing the parking and storage of boats, trailers
and recreational camping equipment in the R -1 and R -2 Zoning Districts and provide for the
continued enforcement of such regulations through the code compliance process; 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 adopting a
new Section 18 -33 to read as follows (additional language underlined):
Sec. 18-33. Definitions.
For the purposes of this article, whenever the following words or terms are
used herein they shall have the meanings ascribed to them in this section, except
where the context requires otherwise:
Boat means any vessel, with or without motor propulsion, commonly
for private recreation activities, designed for travel over water, and for which a
` trailer is required for transportation over land. The definition of boat shall
specifically include a personal watercraft as defined by state statute and shall
specifically exclude those vessels not required to be titled with the state pursuant
to state statute.
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Recreational vehicle means any vehicle or portable structure designed
primarily to provide temporary living quarters for recreation, camping or travel
use, other than a light van; either a vehicular structure mounted on wheels, self-
powered or designed to be pulled by another vehicle or a structure designed to be
mounted upon and carried by another vehicle.
Trailer means a vehicular structure mounted on wheels designed to be
pulled by another vehicle.
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 to read as follows (new language is underlined and deleted language is strieken 4ffe g ):
Sec. 18 -35. hBoats and uipment and
personal reereation use boat trailers; parking on residential
property restricted in R -1 and R -2 residential zoning districts.
bBoatsi and tipmefA in the
boat trailers, bum-on mailers; -l�oa, t - ailers, motor home
boating, for 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, at a time shall be permitted on a
site at one time. excludinc 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 -owner- or nt less °° of the site wed,
except as otherwise provided in subsection (3) below.
(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 alle�way(including the
swale /rights -of -way as long as no portion extends into any sidewalk or
street, but excluding the front) 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. to the rear of ., line established by the font building line
adjaeent to the side yafd where the equipmei# is leeated; > howevef,
that on eerner lots stteh equipment shall not be pafked an the side yard
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(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
equipment with the Village shall allow Village personnel to inspect the
equipment on site during normal business hours. Failure to allow such
inspection shall create a rebuttable presumption that such equipment is in
violation of this section.
(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 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 0) 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 seeiffe securely affixed to the ground or
removed immediately pon 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. At least four (4) h
ground uiiviivro shall r -o °
where stieh equipment is stoFed. I I 'his Code.
(8) All such equipment, when parked in the side `. r a on site, shall be visually
screened from the view of abutting properties, adjacent to the side yard
- street rights -of -way, and alleyways. The line of sight shall be from
the edge of abutting broberties, street rights- of -wav and allevways closest
to the site_
(a Screening shall be in the form of w4h an a properly anchored
opaque wall, fence, or gate (meeting all building code
requirements) or an opaque hedge to a height of six (6) feet .,n to
the length and width of . „b, ° „+ x71,°„ . „ 1, equipment ;
pafked the rear yard of a cofner- let,tle - eguipmenshall be
visually sereened ffom the view e� 6t�@ -S�av +r°°fight of
`
Such wWalls, gates or fences shall be constructed in accordance
with section 45- 36(D). 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) year. Vegetation shall be maintained at all times so as not to
encroach onto neighboring properties or rights -of -warms.
Page 3 of 7
(b) All boats shall be fully screened along the side and rear property lines
provided however, that only consoles t -tops canopies outriggers_
electronics and similar appurtenances atop the boat mU project
beyond the screening material when viewed from the right- of-waX
adjacent to the front of the property. This exception does not apply
to boats with cabins.
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.
2) 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.
(3l 1) The village council finds that, as a matter of fact, reeve ation al �
�
:. camping
�
t boats are i-s a customary accessory use of the land in R -1 and
R -2 zoning districts in the village.
(1 -912) 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.
�L31 Any person seeking to store on his or her property equipment that does not
meet the dimensional requirements of subsection (6) above may file an
application for a special exception on a form sup lied by the community
development department.
Ua,) The special exception applicant 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.
k!2� 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.
Lc,) The community development department shall review the ap lication
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 Uplication. The
village council's final determination shall be set forth in a written order.
O 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.
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Section 4. The Village Council hereby amends Chapter 18, "Motor Vehicles and Traffic,"
Article IIl, "Stopping, Standing and Parking," of the Village Code of Ordinances by adopting a
new Section 18 -35.1 to read as follows (new language is underlined):
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:
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.
Such parking shall be limited to such equipment owned or leased by
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) 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 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
equipment with the Village shall allow Village personnel to inspect the
equipment on site during normal business hours. Failure to allow such
inspection shall create 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.
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.
Page 5 of 7
Q Such equipment shall be securely affixed to the ground or removed
immediately upon the issuance of a hurricane or tropical storm warning bX
a recognized government agency so that it will not be a hazard or menace
during high winds or hurricanes.
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 property 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).
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) year. Vegetation shall be maintained at all times
so as not to encroach onto neighboring properties or rights -of -ways.
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.
L12) Any person seeking to store on his or her property equipment that does not
meet the dimensional requirements of subsection (6) above may file an
application for a special exception on a form supplied by the community
development department.
D The special exception applicant 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.
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.
Page 6 of 7
O 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 den the application. The
village council's final determination shall be set forth in a written order.
Ld) 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 5. The Village Council hereby amends Chapter 2, "Administration," Article VI,
"Code Enforcement Board," of the Village Code of Ordinances by amending Section 2 -173 to
read as follows (new language is underlined and deleted language is st-Fic a thi:e
Sec. 2-173. Applicability.
The special magistrate shall enforce and have jurisdiction over the
following codes:
Sections 18 -34, 18 -35 and 18 -35.1 of Chapter 18.
Section 6. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 7. 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 8. 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 9.
This Ordinance shall talce effect six (6) months from the date of final adoption.
PLACED ON FIRST READING THIS 25TH DAY
PLACED ON SECOND, FINAL READING AND P)
(Village, Seal.)
ATTEST: �-
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
r
VILLAGE ATTORNEY
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