2022-11 Code Amendment - Utility Trailer Parking RegulationsORDINANCE NO. 2022-11
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 AND TRAFFIC," OF
THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 18-33,
"DEFINITIONS," AND SECTION 18-34, "PARKING RESTRICTED," TO
REGULATE THE PARKING OF UTILITY TRAILERS IN RESIDENTIAL ZONING
DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village of North Palm Beach, as a duly organized Florida municipality,
possesses the Home Rule Authority conferred upon it by the Florida Constitution and Chapter 166,
Florida Statutes, including the regulation of parking within its corporate limits; and
WHEREAS, the Village Council wishes to amend Article III, "Stopping, Standing and
Parking," of Chapter 18, "Motor Vehicles and Traffic," of the Village Code of Ordinance to regulate
the parking of commercial utility trailers in residential districts; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best
interests of the residents of the Village of North Palm Beach.
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 correct and are
incorporated herein.
Section 2. The Village Council hereby amends Chapter 18, "Motor Vehicles and Traffic," of the
Village Code of Ordinances by amending Article III, "Stopping, Standing and Parking," to read as
follows (additional language is underlined and deleted language is stri ke dffe gh :
ARTICLE III. - STOPPING, STANDING AND PARKING
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 used
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 van; light either a vehicular structure mounted on wheels self -powered
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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.
Utility trailer means an enclosed or open trailer intended to be towed, by a
motorized vehicle in order to transport cargo and/or provide a product or service at a
remote location.
Sec. 18-34. Parking restricted.
(a) Between the hours of 2:00 a.m. and 6:00 a.m. on streets where no curbing is
provided, the parking of a vehicle shall not usurp more than twelve (12) inches
of the paved portion of the street.
(b) No person shall leave any truck, trailer, boat or any vehicle of a similar type
parked upon any public street or highway within the village between the hours
of 12:30 a.m. and 6:00 a.m.
(c) No truck with a payload or carrying capacity (truck model rating) in excess of
one -ton shall be parked upon a public street or highway inclusive of swale area
within the village; provided, however, commercial vehicles making deliveries
or pickups or otherwise servicing residential, commercial or industrial property
within the village shall have the right, if necessary, to temporarily park in such
areas during normal business hours.
(d) No truck with a payload or carrying capacity (truck model rating) in excess of
one -ton shall be parked at any time upon private property within the village
unless such truck is being utilized as part of an existing business on the private
property; provided, however, commercial vehicles making deliveries or
pickups or otherwise servicing residential, commercial or industrial property
within the village shall have the right, if necessary to temporarily park upon
private property during normal business hours.
(e) The following vehicles shall not be parked overnight (from 11:00 p.m. to 7:00
a.m.) in any residential zoning district, unless parked within a fully enclosed
garage:
(1) Tractor trailers, and semi -trailer trucks;
(2) Tow trucks, wreckers or flat bed vehicle carriers;
(3) Commercial buses, school buses, or vans accommodating more than
sixteen (16) passengers;
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(4) Dump trucks;
(5) Construction equipment and vehicles, including farm tractors,
backhoes, front-end loaders, cranes, cement mixers, pitch buckets or
similar items;
(6) Step vans, panel trucks or other vehicles with rectangular bulk and a
payload or carrying capacity in excess of one -ton;
(7) Any vehicle used and designed for the commercial sale of food or
beverages;
(8) More than one (1) taxi, car service vehicle, or limousine;
(9) Stretch limousines (i.e., any automobile, sport utility vehicle or van for
hire, and of original manufacture or remanufacture, that exceeds a
seating capacity of eight (8) persons);
(10) Boom or bucket trucks;
(11) Swamp buggies and half-tracks;
(12) Tandem wheel pick up trucks (dooley type); and
(13) Vehicles that exceed eight (8) feet in height, inclusive of attached
equipment and accessories.
(f) In addition to the foregoing, vehicles with commercial advertising or markings
that occupy more than ten (10) square feet of any given side of the vehicle shall
not be parked overnight (from 11:00 p.m. to 7:00 a.m.) in any residential
zoning district unless:
(1) The vehicle is covered with a fitted vehicle cover specifically
manufactured for that purpose;
(2) The vehicle is parked within a fully enclosed garage or otherwise
screened from view from adjacent properties and rights-of-way; or
(3) The vehicle's commercial advertising or markings are completely
covered by magnetic signs affixed to the vehicle that have no markings
whatsoever and are the same color as the base paint of the vehicle.
Utility trailers shall not be parked in any residential zoning district unless
parked within a fully enclosed garage or within a rear or side yard of a
residential lot within the R-1 or R-2 zoning district, subject to the following
requirements:
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The utility trailer shall be visually screened from the view of abutting
properties and alleyways. Screening shall be in the form of a properly
anchored wall, fence orag to (meeting all building code requirements
or a hedge or other living vegetation, each with a minimum opacity of
ninety percent (90%). Walls, fences and gates 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 and shall be of sufficient height to screen such
equipment. Utility trailers are 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 not more than
twenty (20) feet wide.
Only one (1) utility trailer shall be located on any residential lot, and
the height of the trailer is limited to ten (10) feet, as measured from the
ground, exclusive of fixed mechanical equipment.
Utility trailers shall not be permitted within the parking area or
common area of any residential multi -family or mixed-use community
unless specifically approved through the site plan and appearance
review process.
The utility trailer must be owned or exclusively used by the resident of
the property upon which it is parked.
Utility trailers parked in the side yard shall not project beyond the front
building line and utility trailers parked in the rear yard shall be located
at least five (5) feet from the rear property line.
0 The utility trailer shall, at all times, be currently registered and licensed
as required by state law and shall display a current registration sticker
and have attached a current vehicle license plate.
When parked on residential property, the utility trailer shall not be used
for living or sleeping_ quarters or for the storage of householdoog ds or
any personal property unrelated to the use of the utility trailer for
commercial purposes.
U Any resident who demonstrates that he or she cannot meet the
screening or setback requirements for parking a utility trailer on a lot
within the R-1 or R-2 residential zoning districts may apply for an
exemption from such requirements provided that the resident stored the
utility trailer on the property on or before March 24, 2022 and the utility
trailer is necessary for the commercial livelihood of the resident. The
aqpplication shall be accompanied by documentation demonstrating the
date the resident began storing the utility trailer on the property and
detailing the use of the utility trailer. The application shall be filed with
the community development department, and the department shall
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review the annlication to ensure it is complete and prepare the
necessary documentation for review by the planning commission. The
planning commission shall approve, approve with conditions or deny
the application, and the decision shall be set forth in a written order.
The exemption shall not run with the property and a change in
residency shall terminate the approval.
Section 4. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinances 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 the Ordinance.
Section 6. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 7. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 12TH DAY OF MAY, 2022.
ND, FINAL READING AND PASSED THIS 26TH DAY OF MAY, 2022.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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