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HomeMy WebLinkAboutOrdinance No. 20-1994• • 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 • 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. r • • 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. • • • 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 T , 1994. Joy alamone, MAYOR t:•2( •; `, immune a!' I WAN r"'7S1011 r .ra�....n..rY+.�rir� f_ MN 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