68-84 ORDINANCE NO. 68-84
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 AMEND-
ING SECTION 30-20, "REGULATIONS FOR THE PARKING, STORING OR
KEEPING OF COMMERCIAL VEHICLES, BOATS, BUSES, TRAILERS AND
TRUCKS", BY REPEALING SECTION 30-20(B), "DEFINITIONS", AND
ENACTING A NEW SECTION 30-20(B), "DEFINITIONS", WHICH DEFINES
TERMS FOR PURPOSES OF THIS CHAPTER, INCLUDING BOAT; BOAT
TRAILER; BUS, POLE TRAILER, 5EMI-TRAILER, TRAILER, TRAILER
COACH, TRUCK, AND TRUCK TRAILER; CAMPER~ CAP~ CHASSIS
CAMPER; INDUSTRIAL EQUIPMENT; OWNER; PICKUP TRUCK; RECRE-
ATIONAL VEHICLE; AND RESIDENTIAL DISTRICTS; AND BY AMENDING
SECTION 30-20(E), "PERMITTED PARKING", SUBSECTION (2)(b) TO ALTER
THE SCREENING REQUIREMENTS FOR BOATS, BOAT TRAILERS AND
RECREATIONAL VEHICLES; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, A5 FOLLOWS:
Section 1. That Section 30-20(5), "Definitions", of :he 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Delray Beach, Florida, be and the same is hereby repealed.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(B), "Definitions", of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby enacted to read as follows:
(B) DEFINITIONS
(1) "Boat" shall mean any watercraft, including barges and airboats, designed, used or
capable of being used as a means of transportation on water.
(2) The term '"ooat trailer" shall mean a trailer which is being used for, or is designated
for carrying boats.
(3) The terms '"ous", "pole trailer", "semi-trailer", "trailer", "trailer coach", "truck", and
"truck trailer" shall be defined as set forth in the appropriate, duly enacted statutes
of the State of Florida providing for the licensing, recording, regis:ration, and
regulation of motor vehicles.
In case of doubt as to the proper classification of a specific vehicle, the determin-
ation by the Motor Vehicle Commission of the State of Florida shall be controlling.
The body description and classification on the mo:or vehicle certificate of title shall
be "prima facie" evidence of such determinations.
(~) "Camper" shall mean any separate structure designed or used for human habitation,
which can be attached to or detached from a pickup truck, and which has sufficient
headroom for an adult six (6) feet in height to stand upright. A pickup truck with a
cap shall not be construed as a camper.
(~) '"Cap" shaU mean any separate structure which can be attached to or detached from a
pickup truck, and which does not have sufficient headroom for an adult six (6) feet in
height to stand upright.
(6) "Chassis" camper shall mean any motor vehicle with a cab and a habitable structure
permanently attached to the motor vehicle chassis.
(7) The term "Industrial equipment" shall mean bulldozers, cranes, drag lines, derricks,
tractors, and implements, heavy earth moving equipment, tar pots or boilers, and
road grading equipment, normally used in farming and/or heavy construction activ-
ities.
($) The term "owner" when used in relation to a motor vehicle, shall mean the individual
or firm to which the vehicle is registered, and whose name appears on the motor
vehicle certificate of title. This shall include, if under lease, rental agreement, or on
loan under any type of arrangement, gratuitous, or otherwise, the individual or firm
having possession or control of the vehicle.
(9) The term "owner" when used in relation to private property in a residential district,
shall mean the recorded owner of the property appearing in the records of Palm
Beach County, Florida. This shaU include, if under lease, rental, agreement for deed,
or similar land contract, the person or persons having possession and control of the
premises.
(10) '~Pickup truck" shall mean any motor vehicle designed primarily for the transportation
of property within a permanently attached open cargo box and having a carrying
capacity of three-quarter (3/~) ton or less.
(!!) "Recreational vehicle" shall mean any camper, pickup truck with a mounted camper,
chassis camper, motor home, or any similar vehicle or trailer designed primarily for
recreational use, but shall not include a pickup truck with a cap, a suburban or a light
van.
(12) The term "residential districts" shaU include all R-IAAA, R-IAAA-B, R-IAA, R-IAA-
B, R-IA, R-IA-B, RL, RM-6, RM, RM-10, RH, gM-15, PRD~, PRD-7, and PRO-10
zoning districts.
Section 3. That Section 30-20E, "Permitted Parking", subsection (2)(b) of the Code of
Ordinances of the City of Delray Beach, Florida, be and same is hereby amended to read as follows:
(b) One (1) boat, one (1) boat trailer, and one (1) recreation 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: (1) by a masonry wall, ornamental fence, or dense
hedge, slx (6) feet high
traiterr,-~r r~c,~o~;v,,al ,~;,~ci~ ~^~d~ si~-~-E~et or equal to the height
of the vehicle if the vehicle is less than six (6) feet. 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.
Section q. 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 shaU not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 5. That this ordinance shall become effective ten (10) days after passage on
second and final readin8.
PASSED AND ADOPTED in regular session on second and final reading on this the
25th day of September ,198~.
ATTEST~
First Readln8 Auoust 28, 1984
Second Readin8 SeDt~m~a~ 25,1984 2
Ord. No. 68-84