HomeMy WebLinkAboutOrdinance No. 20-1994•
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ORDINANCE NO. 20 -94
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING SUBSECTION 110- 551(b) OF THE
CITY CODE OF ORDINANCES, BY CHANGING REQUIREMENTS FOR THE
PARKING OF BOATS, UTILITY TRAILERS, RECREATIONAL VEHICLES
AND SPECIAL PURPOSE VEHICLES; AMENDING SUBSECTION 110 -
551(c) TO CONFORM WITH SUBSECTION 110- 551(b); AMENDING
SECTION 110 -553 TO INCLUDE BOATS, UTILITY TRAILERS,
RECREATIONAL VEHICLES AND SPECIAL PURPOSE VEHICLES;
AMENDING SUBSECTION 110- 554(a) TO INCLUDE BOATS, UTILITY
TRAILERS, RECREATIONAL VEHICLES AND SPECIAL PURPOSE
VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is the intent of this Ordinance to reach a balance
between the aesthetic and safety concerns of the City at large and
accommodate the various types of boats, motor homes and related
items incidental to activities commonly associated with a
recreational, beachfront community.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1. Subsections (b) and (c) of Section 110 -551 of the
City Code of Ordinances are hereby amended to read as follows:
Sec. 110 -551
(b) (1) For the purpose of this section, the following
definitions shall apply unless the context clearly indicates
or requires a different meaning, all of which defined terms
may be generally referred to as "vehicles" in this subsection
(b) .
(a) "Boat ". Any contrivance designed to be
propelled through or upon the water.
(b) "For -hire vehicle". Shall include
Recreational Vehicle and Special Purpose Vehicle, and have the
meaning so set forth in Section 320.01, F.S., as amended.
(c) "Recreational vehicle ". Any vehicle or
portable structure designed primarily to provide temporary
living quarters for recreation, camping, travel, or similar
use; either mounted on wheels or designed to be mounted upon
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City of Cape Canaveral, Florida
Ordinance No. 20 -94
Page 2
and carried by another vehicle. This definition is intended
to include a travel trailer, motor home, camping trailer, camp
bus, house bus, and truck camper unit of walk -in capacity.
(d) "Special purpose vehicle ". A vehicle
especially designed primarily for unusual terrain and
conditions, and not usually licensed for or used on the public
roads, including, but not limited to, swamp buggies and
tracked vehicles.
(e) "Utility Trailer ". A trailer designed to
transport materials, goods, equipment, or boats.
(f) "Multi- family development" shall mean the
real property and single structure in which six (6) or more
dwelling units are located, but does not include any
combination of townhouses.
(2) The following regulations shall apply to boats,
utility trailers, recreational vehicles, or special purpose
vehicles:
(a) In all zoning classifications, no boats,
utility trailers, recreational vehicles, or special purpose
vehicles shall park within the right -of -way line abutting any
street.
(b) In all zoning classifications, no boats,
utility trailers, recreational vehicles, or special purpose
vehicles shall be parked any closer than three (3) feet from
the exterior of all buildings, homes, or other structures,
including eaves and overhangs.
(c) In multi - family developments, boats,
utility trailers, recreational vehicles or special purpose
vehicles shall be parked in special parking or storage
facilities. Special parking in multi - family developments
shall consist of at least 10% additional parking spaces. This
subparagraph (b)(2)(c) shall be effective for multi - family
developments for which the building permit for initial
construction is issued after the effective date of this
subparagraph.
(d) All vehicles herein permitted shall have
affixed thereto a currently valid license tag registered to
the vehicle; shall be parked or stored with wheels and tires
mounted; and shall be maintained in a movable condition.
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City of Cape Canaveral, Florida
Ordinance No. 20 -94
Page 3
(e) Except as necessary for repair or
maintenance, no boat, utility trailer, recreational vehicle,
or special purpose vehicle, or structure designed to be
mounted upon and carried by another vehicle, shall be used as
an accessory building or connected to any utility or
electrical service, except for temporary connections to
battery charging devices.
(f) The surface of the lot or parcel of land
tipon which or above which a boat, utility trailer,
recreational vehicle or special purpose vehicle is parked
shall be paved or shall be maintained in the same manner as
the remainder of the lot or parcel of land and there shall not
be permitted upon such surface a growth of weeds, undergrowth
or lawn which exceeds the height of the immediately
surrounding landscape.
(g) On a corner lot in any district, no boats,
utility trailers, recreational vehicles, or special purpose
vehicles shall be parked or placed in the triangular area
bounded on two sides by the street right -of -way lines, and on
the third side by a straight line drawn between two points on
the street right -of -way line located twenty -five (25) feet
from the point of the intersection of street the right -of -way
lines.
(h) No for -hire vehicle, commercially
registered vehicle and no other manner of conveyance not
contemplated herein shall be parked in any R -1, R -2, or R -3
zone, nor shall any boat, utility trailer, recreational
vehicle, or special purpose vehicle be parked in any R -1, R -2,
or R -3 zone other than as provided herein. This section shall
not be construed to prohibit parking of automobiles, pickup
truck and mini -vans.
(i) Boats, utility trailers, recreational
vehicles and special purpose vehicles, or any combination
thereof parked in unison or in tandem in excess of thirty (30)
feet in length shall not be allowed to be parked or stored in
the R -1 and R -2 zoning classifications of the City, unless the
boat, utility trailer, recreational vehicle, special purpose
vehicle or combination is located in a rear yard, side yard or
any setback abutting a street and is fenced or screened from
view or is located in a front yard and under covered parking
which shall, as a minimum, consist of a carport.
(c) Except as provided in subsection (b) above, in
commercial and industrial zones, all boats, utility trailers,
recreational vehicles, and special purpose vehicles shall be
parked in the parking areas designated in sections 110 -491
through 110 -493.
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City of Cape Canaveral, Florida
Ordinance No. 20 -94
Page 4
SECTION 2. Section 110 -553 of the City Code of Ordinances
is amended to read as follows:
Sec. 110 -553 Living or residing in boat, utility
trailers, recreational vehicles and special purpose
vehicles.
No person or persons shall reside in or occupy with the
intent of using as shelter any boat, utility trailer,
recreational vehicle, special purpose vehicle, or other
automotive vehicles, such as an automobile, truck, bus or the
like in the City of Cape Canaveral, Florida, for a period in
excess of twenty -four (24) hours, with the exception of
recreational vehicles in an approved and permitted site used
for recreational vehicles.
SECTION 3. Subsection (a) of section 110 -554 of the City
Code of Ordinances is amended to read as follows:
(a) Boats, utility trailers, recreational vehicles,
special purpose vehicles, automotive vehicles or trailers of
any kind or type without current license plates shall not be
stored on any residentially zoned property, other than in
completely enclosed buildings.
SECTION 4. Severability. If any section, paragraph, phrase,
or word of this Ordinance is held to be unconstitutional or
invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent
to pass this Ordinance without such unconstitutional or invalid
part.
SECTION 5. Conflicting Provisions. Any ordinance, or parts
of an ordinance, in conflict herewith are repealed.
SECTION 6. Effective Date. This ordinance shall take effect
immediately upon its adoption.
City of Cape Canaveral, Florida
Ordinance No. 20 -94
Page 5
ADOPTED BY the City of Cape Canaveral, Brevard County, Florida.
this 20th day of September
ATTEST:
aith
APPRO
Jo R: 1, 1 il,i'a TY ATTORNEY
Vfc,O
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, 1994.
Joy
alamone, MAYOR
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cc: 9/21/94 - Jim Morgan, Bldg. Official (3)
Municipal Code Corporation
First Reading: 9/6/94
Poste& 9/7/94
.fir /Se: 9/14/94
Secuid Read In
9/21/94