§ 94-487. Parking or storage of recreational vehicles, boats, and commercial vehicles in residential districts.

(a)

Definitions. For the purposes of this section, the following terms shall have the following meanings:

(1)

Motor vehicle, travel trailer, camping trailer, truck camper, motor home, park trailer, mobile home, trailer, semitrailer, and truck tractor shall have the meanings given them in F.S. § 320.01, as amended.

(2)

Recreational vehicle means a vehicle designed for off-road recreational operation such as a "dune buggy" or a "swampbuggy," or as temporary living quarters for recreational, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle, specifically including a travel trailer, camping trailer, truck camper, and motor home, and excluding a park trailer.

(3)

Boat means a "vessel" as defined by F.S. § 327.02(27), as amended, including a boat trailer thereof, excluding a vessel less than 12 feet in length and less than two feet in height.

(4)

Commercial motor vehicle means a motor vehicle, excluding a recreational vehicle, which has a gross vehicle weight in excess of 26,000 pounds, or has three or more axles regardless of vehicle weight, or is used in combination when the weight of such combination exceeds 26,0000 pounds gross vehicle weight.

(5)

Commercial truck means a motor vehicle with a gross vehicle weight in excess of 10,000 pounds which is designed or used principally for the carriage of goods or designed or equipped with a connecting device for the purpose of drawing a trailer.

(6)

Truck means a motor vehicle with a gross vehicle weight of less than 10,000 pounds which is designed or used principally for the carriage of goods or designed or equipped with a connecting device for the purpose of drawing a trailer.

(7)

Yard means that area located between the building line and the required front, side or rear setback line.

(8)

Prohibited vehicle means:

a.

A mobile home;

b.

A trailer or semitrailer (excluding a boat trailer), travel trailer and camping trailer, of a length of greater than ten feet;

c.

A commercial truck;

d.

A truck tractor;

e.

A bus;

f.

A dump truck;

g.

A commercial motor vehicle;

h.

A park trailer;

i.

Machinery, including but not limited to front-end loaders, back hoes and bulldozers; and

j.

Any other motor vehicle that has been modified from its original design such that it includes any of the features of the above-enumerated prohibited vehicles.

(9)

Restricted vehicle means a vehicle that is not prohibited hereby and is:

a.

A motor vehicle or recreational vehicle of a height greater than seven feet;

b.

A trailer or semitrailer (excluding a boat trailer), travel trailer and camping trailer, of a length of less than ten feet;

c.

A truck with a gross vehicle weight of more than 8,000 pounds or a height greater than seven feet;

d.

A boat; and

e.

Any other motor vehicle that has been modified from its original design such that it includes any of the features of the restricted vehicles in this subsection.

(10)

Available location means a space which is reasonably accessible for the parking or storage of a particular restricted vehicle without risk of property damage.

(11)

Screened means hidden from view by a structure or other means including but not limited to buildings, fences, walls, hedges, and other landscaping material, or any combination thereof.

(b)

Location and screening requirements.

(1)

No prohibited vehicle shall be parked or stored in any residential district within the city on either public or private property including but not limited to a yard, setback area, public right-of-way, swale or parkway.

(2)

No restricted vehicle shall be parked or stored in any residential district within the city on either public or private property including but not limited to any yard, setback, public right-of-way, swale or parkway, except as provided in subsections (b)(3)—(7) of this section.

(3)

Restricted vehicles parked or stored in a residential district permitted hereby shall be:

a.

Owned by the occupant of the residential property;

b.

Unoccupied while parked or stored on the residential property;

c.

Maintained in a neat and operable condition, provided that major repairs including but not limited to repairs of the internal engine, rear end, transmission, exhaust system, body and chassis shall not be performed while parked or stored on the residential property; and

d.

Currently registered, licensed or permitted by the appropriate governing authority.

(4)

Restricted vehicles shall be parked or stored on private residential property in the most preferred available location. In order of preference, the available locations are:

a.

Garage, carport, rear yard or side yard behind the front building line;

b.

Rear setback;

c.

Side setback behind the front building line: For multifamily uses of four dwelling units or more, available location shall include a parking space in a parking lot used in common by the occupants of the multifamily structures.

(5)

Restricted vehicles parked or stored on residential property shall be screened from the view of abutting properties and, for corner lots, from the public right-of-way abutting the side property line.

(6)

Restricted vehicles shall not be parked or stored in a front yard or setback unless the surface consists of a smooth nondusting surface including concrete, paver-blocks, turfstone, asphalt, tile and brick and is in compliance with the standards specified by the city engineering and public works department. Restricted vehicles shall not be parked or stored in a side or rear setback or yard unless the surface thereof consists of grass or other nondusting surface as specified in this subsection.

(7)

Vehicles providing a service, including the delivery of goods and merchandise, repairs and maintenance, or otherwise engaged in work in a residential district, may park along a public right-of-way or on residential property for the duration of the service or work but not to exceed eight hours in any 24-hour period. Longer periods may be permitted by the city manager in the best interests of the occupant of the residential property and of the neighborhood.

(8)

These requirements shall not supersede more stringent restrictions contained in any deed, condominium document or similar private instrument.

(c)

Waiver.

(1)

Any person aggrieved by a decision of the planning and zoning administrator in the enforcement of the location or screening requirements of this section may apply to the zoning board of appeals for a waiver therefrom. The zoning board of appeals shall grant the waiver upon a showing by the applicant that, owing to conditions on the applicant's property, including but not limited to the nature and location of structures and landscaping thereon, the size, shape, and location of the property, and the type of restricted vehicle involved, the decision of the planning and zoning administrator is unreasonable. In granting a waiver hereunder, the board may impose reasonable conditions to achieve the purpose of the requirement waived by alternative means, if available.

(2)

The application fee required to file for a waiver of the location and screening requirements shall be in accordance with the procedures of subsection 94-41(a)(4)c. The hearing and notice thereof shall be conducted in accordance with the procedures set forth in section 94-39, provided that the written notice described in section 94-39 need only be provided to the owners of abutting property.

(Code 1979, § 33-176)