54-85 FAILED
ORDINANCE NO. 54-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 30-20, "REGULATIONS FOR THE
PARKING, STORING OR KEEPING OF COMMERCIAL VEHICLES,
BOATS, BUSES, TRAILERS AND TRUCKS", BY REPEALING
SECTION 30-20(E)(1), "TRUCKS"; AND ENACTING A NEW SECTION
30-20(E)(1), "TRUCKS", WHICH PROVIDES THAT ONLY PANEL,
PICKUP, VAN AND SIMILAR TYPE TRUCKS NOT OVER
~THREE-QUARTERS TON RATED CAPACITY MAY BE PARKED IN
ALL RESIDENTIAL ZONING DISTRICTS; PROVIDING THAT SUCH
VEHICLES MAY ONLY BE PARKED ON PLOTS IMPROVED WITH A
RESIDENCE AND REQUIRING THAT SUCH VEHICLES MUST BE
USED BY A RESIDENT OF THE PREMISES; PROVIDING FURTHER
THAT IN R-lA ZONING DISTRICTS UP TO TWO TRUCKS HAVING
A TWO TON RATED CAPACITY MAY BE PARKED ON A PARCEL OF
PROPERTY; PROVIDING THAT CERTAIN SMALL TRAILERS MAY
ALSO BE PARKED IN THE R-IA ZONING DISTRICT; AND
RESTRICTING SUCH PARKING TO PARCELS OF PROPERTY WHICH
ARE OCCUPIED BY A RESIDENCE AND REQUIRING SUCH
VEHICLES TO BE USED BY A RESIDENT OF THE PREMISES AND
PROVIDING SCREENING REQUIREMENTS; PROVIDING FOR AN
EXEMPTION FROM THESE SCREENING REQUIREMENTS BY THE
CITY MANAGER UPON A SHOWING OF UNDUE HARDSHIP; PROVID-
ING THAT VEHICLES CURRENTLY PARKED IN R-1-A WHICH
EXCEED THE NUMERICAL OR TONNAGE LIMITATIONS ARE
PERMITTED IF THEY COMPLY WITH SCREENING REQUIREMENTS;
REPEALING SECTION 30-20(E)(2), "BOATS, BOAT TRAILERS, AND
RECREATIONAL VEHICLES" SUBSECTION (b), AND ENACTING A
NEW SECTION 30-20(E) (2), "BOATS, BOAT TRAILERS AND
RECREATIONAL VEHICLES" SUBSECTION (b), TO PROVIDE THAT
ONE BOAT, ONE BOAT TRAILER AND ONE RECREATIONAL
VEHICLE MAY BE PARKED ON RESIDENTIAL PROPERTY OCCUPIED
BY A PERMITTED STRUCTURE; PROVIDING FOR THE SCREENING
OF SUCH VEHICLE, AND PROVIDING THAT SCREENING REQUIRE-
MENTS FOR SUCH VEHICLE SHALL NOT BE CONSTRUED TO
REQUIRE SCREENING FROM DIRECT VIEW; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 30-20(E), "Permitted parking", Subsection (1),
"Trucks", of the Code of Ordinances of the City of Delray Beach, Florida, be and the
same is hereby repealed.
Section 2. That a new Section 30-20(E), "Permitted parking", Subsection
(1), "Trucks'!, of the Code of Ordinances of the City of Delray Beach, Florida, be and
the same is hereby enacted to read as follows:
(1) Trucks.
(a) Only panel, pickup, van and similar type trucks, not over three-quarter
(3/4) ton rated capacity may be parked in all residential zoning
districts. Such vehicles may only be parked on a plot improved with a
residence, and must be used by a resident of the premises.
(b) In addition, in R-lA zoning districts, up to two (2) trucks having a two
(2) ton rated capacity may be parked on a parcel of property. Small
trailers of the type typically used in a landscaping business may also be
parked in this residential zoning district. Such vehicles may onIy be
parked on or abutting a parcel of property improved with a residence,
and must be used by a resident of the premises and must be screened in
the same manner as boats, boat trailers and recreational vehicles as
provided in subsection (2)(b). However, upon a showing of undue
hardship the City Manager may exempt certain vehicles from these
screening requirements. Vehicles currently parked in the R-1-A district
on the effective date of this ordinance which either exceed the numerical
limitation or the tonnage permitted in this section shall not 'violate this
ordinance provided they comply with the screening requirements or
receive an exemption from the City Manager.
Section 3. That Section 30-20(E), "Permitted parking", Subsection (2) (b),
"Boats, boat trailers, and recreational vehicles", of the Code of Ordinances of the City
of Delray Beach, Florida, be and the same is hereby repealed.
Section 4. That a new Section 30-20(E), "Permitted parking", Subsection
(2)(b), "Boats, boat trailers, and recreational vehicles", of the Code of Ordinances of
the City of Delray Beach, Florida, be and the same is hereby enacted to read as
follows:
(b) One (1) boat, one (1)' boat trailer, and one (1) recreational vehicle may
be parked in the side or rear yard provided the plot is occupied by a
permitted structure. Such boat, boat trailer, or recreational vehicle
shall be effectively screened against direct view from abutting properties
in the following manner: by a masonry wall, ornamental fence, or dense
hedge, six (6) feet high or equal to the height of the vehicle if the
vehicle is less than six (6) feet high. If a hedge is used as the method
of screening, the hedge should be three (3) feet at the time of planting
and should be of a variety which can reasonably be expected to reach
the required height within two (2) years. This regulation is not to be
construed as requiring screening from direct view from the street in
front of the plot.
Section 5. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective ten (10) days after its
passage on sec6nd and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of , 198 .
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2 ORD. NO. 54-85
FAILED