18-93 FAILED ON FIRST READING - 2/9/93'
ORDINANCE NO. 18-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.6.13(B), "PERMISSIBLE
PARKING", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SUB-SUBSECTION (8) TO PROVIDE FOR
A WAIVER OF THE PROHIBITION AGAINST PARKING BOATS IN
FRONT YARDS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board, sitting as the Local 'Planning Agency, reviewed the
subject matter at its meetings of January 11, 1993, and January 25,
1993, and found it inconsistent with the goals, objectives and
policies of the Comprehensive Plan regarding the stabilization of
neighborhoods; and,
WHEREAS, the Planning and Zoning Board has forwarded the
change with a recommendation that it not be adopted; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the change is not inconsistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAy BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.13, "Parking
and Storage of Commercial Vehicles, Boats, Trucks, and Similar
Vehicles", Subsection (B), "Permissible Parking", Sub-subsection (8),
of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(8) No boat, boat trailer, or recreational
vehicle shall be parked in the area between the street
and the structure~ unless a waiver is granted by the
City Commission. In considering such a waiver the
Commission shall consider all other options which are
available to the boat owner and the guidance provided
by Subsections (B) (2) through (7). The Commission may
affix any conditions which it deems appropriate in
granting such a waiver.
Section 2. 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 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
FAILED ON FIRST READING - 2/9/93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /~ ~ - MEETING OF FEBRUARY 9, 1993
ORDINANCE NO. 18-93
DATE: February 5, 1993
This is the first reading of an ordinance amending the Land
Development Regulations to provide for a waiver of the prohibition
against parking boats in front yards.
This amendment is the result of a request made by a resident at the
November 24, 1992 regular Commission meeting. Currently boat parking
is permitted in rear or side yards only, and must be screened from
view by abutting properties. This proposed amendment would allow the
City Commission to waive that restriction, on an individual basis,
subject to any conditions which the Commission may deem appropriate.
The Planning and Zoning Board at their January llth meeting
recommended denial by a 5-0 vote. A detailed staff report is attached
as backup material for this item.
Recommend denial of Ordinance No. 18-93 on first reading.
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 9, 1993 __q /.
FIRST READING~ ORDINANCE AMENDING LDRs SECTION 4.6.13~
PROVIDING FOR A WAIVER OF THE PROHIBITION AGAINST
PARKING BOATS IN FRONT YARDS.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
denial on first reading, of an ordinance modifying the
City's Land Development Regulations (LDRs).
The affected Section is:
* 4.6.13~B)~8) Parking and Storage of Commercial
Vehicles, Boats, Trucks, and Similar Vehicles
BACKGROUND:
This amendment is the result of a request made by a resident at
the City Commission meeting of November 24, 1992. Currently,
parking of boats is permitted in rear or side yards only, when
screened from view by abutting properties. Boats are
restricted from being parked in those areas between the street
and the structure. This amendment would provide for a waiver of
that restriction, to be granted by the City Commission on an
individual basis, and subject to any conditions which the
Commission deems are appropriate.
Please refer to the Planning and Zoning Board Staff Report for
more detail.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board held its first formal review of
this item at a Special Meeting held on January 11, 1993. Mr.
Steve Thayer, who had requested the amendment, spoke in favor of
City Commission Documentation
First Reading, Ordinance Amending LDR 4.6.13(B)(8)
RE: Parking of Boats in Front Yards
Page 2
the waiver provision. Mr. David Henninger of the Neighborhood
Task Team stated that he felt that the amendment would be
detrimental to the Task Team's efforts to beautify
neighborhoods.
The Board was divided on the issue, and as three of its members
were absent from the meeting, a motion was made and passed to
continue the item to the meeting of January 25th.
On January 25, 1993, with little discussion, the Board voted
to forward the item to the City Commission with a
recommendation of denial on a 5-0 vote (Currie and Naron
absent).
RECOMMENDED ACTION:
By motion, deny the proposed amendment on first reading, in that
it is inconsistent with goals, objectives, and policies of the
Comprehensive Plan regarding the stabilization of neighborhoods,
and based on the recommendation of the Planning and Zoning
Board.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of January 11, 1993
DD/CCBOAT.DOC
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JANUARY 11, 1993
AGENDA ITEM: LDR TEXT AMENDMENT RE BOATS IN FRONT YARDS
ITEM BEFORE THE BOARD:
The item before the '~Board is that of making a
recommendation to the City Commission regarding a proposed
change to the LDRs. The contemplated change would allow
boats to be placed in front yards under certain conditions.
BACKGROUND:
On November 24, 1992, a Mr. Steve Thayer of 261 N.E. 13th
Street, approached the City Commission with a problem. His
problem was that he was cited for having a boat in his front
yard. Mr. Thayer reported that the nature of his neighborhood
was that there was not access to the rear of the property and
that the side yards were not wide enough to accommodate boat
storage. He had been advised that his only relief would be for
a change in the codes of the City; thus, he was before the
Commission. The Mayor felt that the problem should be looked
into and directed that the Planning and Zoning Board give it
consideration.
Since we are reviewing several'- Code amendments at this time,
this subject was included.
TEXT CHANGES:
Section 4.6.13 regulates the parking and'storage of boats along
with other vehicles. The conditions under which such parking or
storage is allowed are identified in Sub-section (B)(2) through
(8). The condition which affects Mr. Thayer is:
(8) No boat, boat trailer, or recreational vehicle shall
be parked in the area between the street and the structure.
It appears that the most appropriate manner to handle a
situation such as Mr. Thayer's is to accommodate a waiver
provision within the code; thus, consideration on a case-by-case
can be made. To do so the following change would be required:
(8) No boat, boat trailer, or recreational vehicle shall
be parked in the area between the street and the structure~
unless a waiver is granted by the City Commission. In
considerinq such a waiver the Commission shall consider all
other options which are available to the boat owner and the
guidance provided by Subjections (B)(2) through (7). The
Commission may affix any conditions which it deems
appropriate in grantinq such a waiver.
P&Z Memorandum Staff Report
LDR Text Amendment Re Boats in Front Yards
Page 2
ANALYSIS:
There is a great deal of emphasis upon neighborhood
stabilization within the City. During recent consideration of
changes to the "truck parking" regulations much debate ensued.
While some consideration was made, it was based upon the tie
between certain types of trucks to the livelihood of its owner
and association with the conducting of a business (e.g. ,a
landscaper). ~ ~ ~?: .~ .~r~. ~,~
In this situation, the keeping of a boat on residential property
does not have the same nexus. While a hardship may be created
for a person who does not have access to a rear yard or a
sufficient side yard, it does not appear that the hardship is
sufficient enough to warrant encroachments into front yards.
Further, such an allowance would certainly weaken the strict
basis upon which the restrictions on truck parking were made.
RECOMMENDED ACTION:
By motion, recommend to the City Commission that this proposed
amendment to the LDRs not be approved in that it is inconsistent
with goals, objectives, and policies of the Comprehensive Plan
which call for efforts toward the stabilization of residential
neighborhoods.
* LDR Pages 4649 through_ 5 ' e~
DJK/PZBOATS.DOC
Section 4.6.10 (D)
(D) Dimensions and Location:
(1) Dimensions:,
For Sinqle Units For Trailer Units
* Width 12' 14'
* Length 30' 60'
* Vert. Clearance 12' l§'
* Maneuvering apron . 30' 60'
(2) Locations: Where the entrance of a building is
designed for loading and unloading operations, such entry shall
provide, at least, one loading space. Otherwise loading areas
shall not be located so as to create confusion or conflict with
other use areas e.g. dumpster locations.
Section 4.6.11 Outside Storaqe: Outside storage of materials,
supplies, products, vehicles, and the like shall only be as
allowed for, within the requirements of each individual zoning
district. Uses which are allowed out-of-doors are further
identified in Section 4.6.6. All items which are stored outside
of structures shall be screened.
Section 4.6.12 Industrial and Hazardous Waste DisDosal: The
operation of all uses allowed herein must also fully comply with
the requirements and conditions, of~. ~heClty's industrial and
hazardous waste disposal-reg~lati0ns as
of the City Code.
Section 4.6.13 Parkinq and Storaqe of Commercial Vehicles~
Boats~ Trucks~ and Similar Vehicles{
(A) Prohibitions and Restrictions in Residential Districts:
(1) It shall be unlawful for any agent, operator,
owner, or person in charge of any bus, pole trailer,
semi-trailer, trailer, trailer coach, truck, truck trailer, or
industrial equipment, to park, store, or keep such motor vehicle
on any public street, avenue, alley, or other thoroughfare, or
any right-of-way within any residential zoning district in the
city, for a period exceeding one hour in any 24-hour period.
Each such period shall commence at the time of first stopping or
parking, unless a permit is first obtained from the Police
Department.
4649
Section 4.6.13 (A)
(2) Unless otherwise provided for, it shall be
unlawful for the owner, agent, or operator of the motor vehicles
and industrial equipment set forth herein, or the owner of
property in any residential zoning district in the city, to park
on, or cause to be parked on, or allow to be parked on any
residential property in the city, or in the streets, alleys, or
parkways abutting the property, any bus, pole trailer,
semi-trailer, trailer, trailer coach, truck, truck trailer, or
industrial equipment, for a period exceeding one hour in any
24-hour period. Each such period shall commence at the time of
first stopping or parking,_.unless a permit Is first obtained from
the Police Department, or 'aS'-~"Other~lse provided
references. :,-,~:~-,
(3) The restrictions of divisions (1) and (2) above
shall not apply to the temporary parking of such vehicles on
private property in residential zoning districts, whereon
construction is underway. A current and valid building permit
issued by the city must be properly displayed on the premises.
(4) The restrictions of divisions (1) and (2) above of
one hour in residential zoning districts shall not apply to
routine deliveries by tradesmen, or the use of trucks in making
service calls, providing such time in excess of one hour is
actually in the course of business deliveries or servicing.
(5) The restrictions of divisions (I) and (2) above ~"'
shall not apply to vehicles which become disabled, and as a
result of such emergency are required to be parked within a
residential zoning district longer than one hour. Any disabled
vehicle, however, shall be removed from the residential zoning
district within 24 hours, by a wrecker i~ necessary_.~ regardless
of the nature of the emergency.
(B) Permissible Parking:
(1) Trucks: Restrictions~ on truck parking shall be
applicable in all residential zoning districts and shall permit
only panel, pickup, van, and similar type trucks, not over 3/4
ton rated capacity. In all R-lA zoning districts, the
restrictions shall apply to trucks of one and one-half (1-1/2)
ton, or greater, capacity. In all residential zoning districts,
no more than two (2) trucks may be parked on a lot improved with
a residence. Such vehicle must be used by a resident of the
premises. For purposes of this section, a lot includes the
property on which the residence is located and any adjacent lot
which is under the control of the owner or lessee of the
residence. Parking on vacant lots is otherwise prohibited.
(2) One boat, one boat trailer, and one recreational
vehicle may be parked in a garage or carport which is effectively
screened on three sides, provided no portion of the boat, boat
trailer, or recreational vehicle extends beyond the roof line.
Rev. 10/14/91
Amd. Ord. $7-91 01/14/92
4650
Section 4.6.13 (B)
(3) One boat, one boat trailer, and one 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 feet high
or equal to the height of the vehicle if the vehicle is less than
six feet high. If a hedge is used as the method of screening,
the hedge should be three feet at the time of planting and should
be of a variety which can reasonably be expected to reach the
required height within two years. This regulation is not to be
construed as requiring screening from direct view from the street
in front of the plot.
(4) Such boat, boat trailer, or recreational vehicle
must be owned and used by a resident of the premises.
(5) No boat or recreational vehicle which is parked in
a residential district shall be occupied or used for living,
sleeping, or housekeeping purposes, nor shall it be connected to
any utility service.
(6) A boat, boat trailer, or recreational vehicle may
be parked only if it is currently registered as required by state
or federal law,.and if the transportation of the vehicle is in
compliance with F.S. Chapter 317.
(7) One boat, one boat trailer, or one recreational
vehicle may be parked in the front driveway for a 24-hour period
for the purpose of loading or unloading.
(8) No boat, boat trailer, or recreational vehicle
shall be parked in the area between the street and the structure.
Section 4.6.14 Visibility at Intersections:
(A) Generally: When an accessway intersects a public
right-of-way or when the subject property abuts the intersection
of two (2) or more public rights-of-way, all landscaping within
the triangular areas described below shall provide unobstructed
cross-visibility at a level between three (3) feet and six (6)
feet, provided, however, trees or palms having limbs and foliage
trimmed in such a manner that no limbs or foliage extend into the
cross visibility area shall be allowed, provided they are located
so as not to create a traffic hazard. Trees shall not be located
closer than six (6) feet from the edge of any accessway pavement.
The triangular areas above referred to are:
(1) The area on both sides of an accessway formed by
the intersection of each side of the accessway and the public
right-of-way line with two (2) sides of each triangle being
twenty (20) feet in length from the point of intersection and the
third side being a line connecting the ends of the other two (2)
sides.
4651