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Home My WebLink AboutO-1980-236 4 SrX . t a t ORDINANCE NO. 236 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING AND REPEALING SECTIONS OF ORDINANCE NO. 230 , PASSED AND ADOPTED ON FEBRUARY 12, 1980, BY AMENDING ARTICLE VI , SECTION 28-29 , (a) , BY DELETING THE WORDS "EXCEPT SUNDAYS AND LEGAL HOLIDAYS; " BY AMENDING ARTICLE VI, SECTIONS 28-93 , 28-94 , 28-96 , 28-97, 28-97 . 1 AND 28-98 , DEALING WITH THE PAPJ ING OF COM- MERCIAL AND RECREATIONAL VEHICLES IN RESI- DENTIAL AREAS; ADDING SECTION 28-97.2 ALLOW- ING 30 DAYS FOR PERSONS NOT PRESENTLY IN COMPLIANCE TO APPLY FOR VARIANCE; AND RE- PEALING ARTICLE IV; AND PROVIDING THAT THE REI.IAINDER OF ORDINANCE NO. 230 SHALL REMAIN IN EFFECT; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . Article VI, Section 28-89 (a) of Ordinance No. 230 , passed and adopted on February 12 , 1980 , be and the same is hereby amended to read as follows: (a) Unless notice to the contrary is posted on the parking meter, meters within the City shall be enforced every day . The City Manager may restrict the maximum length of time that any individual vehicle may remain in a particular metered space, whether or not a coin or token is deposited, and notice of such restrictions shall be posted on the meter or on a parking control device in the vicinity of several such meters , to which such a restriction applies . Section 2 . Article VI, Section 28-93 of Ordinance No. 230 , passed and adopted on February 12 , 1980 , be and the same is hereby amended as follows : Section 28-93 , Commercial Vehicles ; Defined Commercial Vehicle shall mean any vehicle designed or used, or maintained primarily for the trans- i <� 1 portation of property and/or persons for hire , including but not limited to tractors , trailers , or any part thereof; wreckers , two trucks or other vehicles equipped with a hoist or other mechanical equipment designed to perform a similar function, or any vehicle commonly recognized as a commercial vehicle; or any vehicle which contains advertising markings in excess of three square feet per side or per vehicle top. Section 3 . Article VI, Section 28-94 of Ordinance No. 230 , passed and adopted on February 12 , 1980 , be and the same is hereby amended as follows : Section 28-94 , Parking of Trucks, Buses , or other Commercial Vehicles in Residential Areas, Prohibited (a) In any residential area or district, no person, firm or corporation shall park or cause to be parked or allow to be parked or occupied on the premises of any dwelling or on any lot which is not a part of any dwelling, either of which is situated in a residential area or district, or in the streets, alleys or parkways abutting said property, any truck in excess of One Ton, bus, tractor-trailer, any part thereof, wrecker or other vehicle equipped with a hoist or other mechan- ical equipment. (b) All commercial vehicles , not prohibited from parking in residential areas by Section 28-94 (a) shall be parked or stored in the side or rear yard where accessible by alley, public or private road, or other legally permissible means . -2- i i (c) In the event the side or rear yard is inaccessible by alley or public or private 1 road, or other legally permissible means , then said commercial vehicle, not prohibited by 28- 94 (a) , may park in the front of the residence. Section 4 . Article VI , Section 28-96 of Ordinance No. 230 , passed and adopted on February 12 , 1980, be and the same is hereby amended as follows: Section 28-96, Parking of Recreational Vehicles in Residential Areas No recreational vehicles, special purpose vehicles, trailers, utility trailers and/or boats shall be parked in any residential area or district except as specified by the terms of this section: (a) All recreational vehicles, boats and utility trailers shall be parked or stored in the side yard or rear yard where accessible by alley, public or private road, or other legally permissible means. (b) In the event the side or rear yard is in- accessible by alley or public or private road, or other legally permissible means , then said recrea- tional vehicle, boat or utility trailer, may be parked or stored on the driveway, not less than five feet from the front property line, perpendicular to the existing structure, except where parked on a paved circular driveway. In no event shall any recreational vehicle , boat or utility trailer, be permitted to be parked in the public road right-of-way. (c) No recreational vehicle, boat or utility trailer exceeding 13. 6 feet in height shall be permitted to be parked or stored in any residential area or district , except in a wholly enclosed garage. -3- (d) In no event shall any boat exceeding 25 ' in length or 8 ' in width be parked or stored on residential property unless it is within a completely enclosed, roofed and walled permanent structure. (e) No special purpose vehicle shall be permitted to be parked or stored in any residential area or district except in a wholly enclosed garage. (f) No more than one utility trailer and one recreational vehicle and one boat, shall be parked or stored on residential property, per dwelling unit, unless such others are within a completely enclosed roofed and walled permanent structure. (g) No vehicle or trailer, commonly known as a "mobile home" shall be permitted to be parked or stored in a residential area or district. For the purposes of this section, a mobile home is defined to be a vehicular portable structure built on a chassis and designed to be used and capable of being used without a Permanent foundation as a dwelling when connected with utilities. This definition does not include a vehicular structure equipped for the road and used as a temporary dwelling during travel, recreation or vacation. Section 5. Article VI , Section 28-97 of Ordinance No. 230 , passed and adopted on February 12 , 1980 , be and the same is hereby amended as follows: Section 28-97 , Restrictions on Parking Commercial and Recreational Vehicles in Residential Areas The following restrictions apply to the Parking of both commercial and recreational vehicles as defined in Section 28-93, Section 28-94 , Section 28-95 , and Section 28-96 . (a) Every vehicle herein permitted, except 'I -4- J special purpose vehicles, and except those parked and stored within a completely enclosed i roofed and walled permanent structure, shall have affixed thereto a currently valid license tax and vehicle inspection sticker registered to the vehicle. (b) All vehicl=s herein permitted shall be narked or stored with ill wheels and tires mounted and i inflated and stall be maintained in a movable condition. Said " hici. , boat or utility trailer shall not be supported to any degree by concrete blocks, jacks or any other means of support, except a truck-camper unit which has its own jack and is a structure designed to be mounted upon and car- ried by another vehicle and except for a recrea- tional trailer which may be supported by an at- tached tongue. Any wrecked, partially dismantled " or rusted-out vehicles must be stored within a completely enclosed building. Nothing in this Section shall prohibit any person from making minor repairs on a vehicle on their own property, when such repairs are completed within a 24 hour period. (c) ido vehicle or structure herein permitted shall be used as an accessory building, or for storage, or occupied in any manner, or connected to any utility or electrical service, except as necessary to perform minor and/or emergency repairs to such vehicle or structures and except for re- charge of batteries. Nothing in this subsection shall probibit the owner of a recreational vehicle, in an emergency situation, from temporarily residing in his recreational vehicle on his own property. -5- 1 However, in no event shall his temporary residence be more than 48 hours. Section 6. Article VI , Section 28-97. 1 of Ordinance No. 230, passed and adopted on February 12 , 1980 , be and the same is hereby amended to read as follows: Section 28-97 . 1, Variance Any person owning a recreational vehicle or other property as defined in Section 28-95 and/or a commercial vehicle and who will be adversely affected by the provision of Sections 28-93 through 28-97 , may apply to the City for a variance upon payment of a non-returnable appli- cation fee of $50 . 00. If application for the variance is made within 30 days from the effective date of this ordinance, the application fee shall be waived by the City. A variance may be granted only upon a finding that the provisions of Sections 28-93 through 28-97 constitute an unusual and remediable hardship to the person so applying. Section 7 . Article VI , Section 28-98 of Ordinance No. 230, passed and adopted on February 12 , 1980 , be and the same is hereby amended to read as follows : Section 28-98. Same -- Penalty for Violation of Sections 28-93 through 28-97 . Any person, firm, association, institution or corporation violating any term or provision of Sections 28-93 through 28-97 , shall upon con- viction by a Court of competent jurisdiction be liable for a mandatory fine of not less than Fifty Dollars ($50 . 00) nor more than One Hundred Dollars ($100. 00) . Upon conviction for a third violation within a one year period, the mandatory fine shall be not less than One Hundred Fifty j -6- i i J Dollars ($150. 00) nor more than Five Hundred Dollars ($500. 00) and/or imprisonment not to exceed thirty (30) days, or both. Section 8. Article IV, Sections 28-57, 28-58 and 28-59, of Ordinance No. 230, passed and adopted on February 12, 1980, be and the same is hereby repealed. Section 9. Except as herein provided, all other pro- visions of Ordinance No. 230 shall remain in full force and effect. Section 10. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict here- with be and the same are hereby repealed to the extent of such conflict. Section 11. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on First Reading this 2- day of Apnif 1980. PASSED and ADOPTED on Second and Final Reading this 13tli day of May 1980. D R-COMP.ISSIONER ATTEST: `o 'CITY CLERK -'AUDITOR APPROVED /FOR FORM AND CORRECTIVENESS: FRANK C. ADLER, City Attorney City of Dania, Florida i -7- i i i i