2019-06 Code Amendment - Boat and RV ParkingORDINANCE 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 stfi ke t4ffo
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.
(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, 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.
(4) Such equipment shall, at all times, be currently registered and licensed as
required by the laws of the State of Florida, be fegister-e r` ith the Village-,
and, if applicable, shall display a current registration sticker and have attached
a current vehicle license plate. Eaeh individual ter -i g oi,,,;v4_with
the Village
dtffing ner ,.,rrC ltl business
1-,r,.T71et "rrsFailureto allow
c.,,e+h inspeeti ,,, shah er—e
a rebtt#able presumption that stieh A . I t is in violation of this seeti
(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 (3 0) 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 government agency so that it will not be a hazard or menace
- during high winds or hurricanes.
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 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 s de and rear
pr-apefty lines, provided, however, that e* consoles, t -tops,
canopies, outriggers, electronics and similar appurtenances atop
the boat may project beyond the screening when material he � e«,oa
from the of
way adjaePei4 to- he (rent of the property. T�icY
ezep ion does not apply tbeats with a V111J 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 speeial exeep 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,
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 I11, "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 strieken fluo):
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) 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 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 fegistere with the Vi"„no,
and, if applicable, shall display a current registration sticker and have attached
a current vehicle license plate. Eae individual registering
,„ir,mot�+ Wi+1,
the Village sha4l V'VV�l age personnel to inspeet the eq ipmu_o site
dufing nannal business hours. Failure to a4low sueh ifl.speetion shall eire
a F bti4ab e pfes,,mpti o that sue on„iv+_ is in yi n lati o ofthis seeti nv
1 Vl JVv�i Vii•
(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
equipment exclusive of the trailer shall not exceed thirty (30) feet and the
maximum height shall not exceed ten (10) feet.
(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. 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 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
(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 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 speei ' exee , 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
anblicant 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.
(Village Seal)
ATTEST:
'VIA &A I
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAFICIENCY:�
a
VILLAGE ATTORNEY
Page 7 of 7
0
MAYOR