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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. Page 1 of 5 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 g � � p 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; Page 2 of 5 (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: Page 3 of 5 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 Page 4 of 5 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 Page 5 of 5 MAYbRJ