§ 47-34.4. Prohibited parking or storage of commercial vehicles or commercial watercraft.

A.

Parking or storage in residential rights-of-way.

1.

No person shall park, store, or knowingly permit another person to park or store, any of the vehicles or commercial watercraft described below in or upon any right-of-way or waterway at any time within any residentially zoned district. The provisions of this section do not apply if the person having custody of a commercial vehicle, or a trailer coupled to it, or both, or a commercial watercraft as described below, is actively and temporarily engaged in rendering a business or commercial service to the residential property next to the right-of-way or waterway.

2.

The vehicles or commercial watercraft which shall not be parked or stored in or upon any such right-of-way or waterway are described as follows:

a.

Any "commercial vehicle," which is a vehicle self-propelled by a motor, having more than four (4) tires, and:

i.

Which bears any sign or marking which advertises or identifies any business or commercial venture; or

ii.

Which is used or designed for a business or commercial purpose.

b.

Any "mobile home," which is a nonmotorized vehicle designed to be used either temporarily or permanently as a residence or living quarters.

c.

Any "trailer," which is any wheeled device or vehicle upon or within which persons or property may be transported over a road, if coupled to or capable of being drawn by a motor vehicle.

d.

Any "bus," which is any motor vehicle used or originally designed for transporting ten (10) or more passengers, whether or not such transportation is for compensation.

e.

Any "recreational vehicle unit," which is any vehicle designed or primarily used for recreational, camping or travel use, which either has its own motor power, or which is mounted upon or drawn by another vehicle and used or designed to be used as temporary living or sleeping quarters.

f.

Any "inoperable vehicle," which is any vehicle, whether motorized or nonmotorized, in, upon or by which any person or property is or may be transported or drawn upon a road, which is inoperable because it is wrecked, derelict or partially dismantled. Any vehicle which does not display a current license tag is presumed to be inoperable.

g.

Any commercial watercraft used primarily as a work platform for the construction of improvements to the upland property where it is positioned.

3.

Any vehicles parked in a right-of-way in violation of this subsection may be towed and the charges for towing and storage shall constitute a lien against such vehicle, as provided by state law. Enforcement personnel shall, as soon as practicable, give notice to the vehicle owner or operator of such removal and information as to its location.

4.

The owner of the upland property abutting a waterway where any commercial vessel as described above is positioned in violation of this section shall be subject to the penalties specified in the ULDR.

B.

Overnight parking of specified vehicles, boats and trailers in residential districts.

1.

No person shall park, store or knowingly permit another person to park or store any of the vehicles described in subsection B.3 upon any residentially zoned property at any time between the hours of 9:00 p.m. and 6:00 a.m. unless it is:

a.

Parked or stored within a garage or carport which is enclosed on any side of a property abutting residential property and is concealed or screened from view from any street abutting the parcel where the vehicle is located; or

b.

Concealed or screened from view from any street abutting the parcel where the vehicle is located and from any contiguous residential property by landscaping or fencing. Screening shall be provided in accordance with subsection B.5.

2.

On property which is zoned RS-4.4, the following additional restrictions shall apply:

a.

A recreational vehicle unit, exceeding twenty-one (21) feet in length or ten (10) feet in height must be parked in a side or rear yard of a property, shall not extend beyond the front face of the residential structure, must be able to directly access abutting right-of-way and must be screened from view from abutting right-of-way and contiguous residential property. Screening shall be provided in accordance with subsection B.5.

b.

A boat, a boat on a trailer, a boat trailer or any combination of same in excess of twenty-one (21) feet in length or ten (10) feet in height must be parked in a side or rear yard of a property, shall not extend beyond the front face of the residential structure, must be able to directly access abutting right-of-way and must be screened from view from abutting right-of-way and contiguous residential property. Screening shall be provided in accordance with subsection B.5.

c.

No boat, a boat on a trailer, boat trailer, or recreational vehicle which exceeds thirty-five (35) feet can be parked on RS-4.4 zoned property.

3.

The vehicles which shall not be parked or stored upon such property during such hours as provided in subsection B.1 and the boats or trailers regulated as provided in subsection B.2 are described as follows:

a.

Any "commercial vehicle," which is a vehicle self propelled by a motor, having more than four (4) tires, and:

i.

Which bears any sign or marking which advertises or identifies any business or commercial venture; or

ii.

Which is used or designed for a business or commercial purpose.

b.

Any "mobile home," which is a nonmotorized vehicle designed to be used either temporarily or permanently as a residence or living quarters.

c.

Any "bus," which is any motor vehicle used or originally designed for transporting ten (10) or more passengers, whether or not such transportation is for compensation.

d.

Any "inoperable vehicle," which is any vehicle, whether motorized or nonmotorized, including watercraft, and including any vehicle on a trailer, in, upon or by which any person or property is or may be transported or drawn upon a road, which is inoperable because it is wrecked, derelict or partially dismantled. Any vehicle which does not display a current license tag is presumed to be inoperable.

e.

On property zoned RS-4.4, any recreational vehicle unit as defined in Sec. 47-34.4.A.2.e.

f.

On property zoned RS-4.4, any boat, boat on trailer or boat trailer. A boat is defined as a vessel propelled by oars, wind or machinery and capable of being used as a means of transportation on water, but not to include a personal watercraft as defined by F.S. ch. 327.

4.

The provisions of this section do not apply to a mobile home park or stored on property located in a mobile home park or to a bus or to a bus owned or operated by a church, educational institution or governmental entity parked upon lands owned or operated by the church, institution or entity.

5.

When a vehicle, boat or trailer is required to be screened from view as required by this Sec. 47-34.4, such screening by landscaping shall be by installation of a hedge to screen the vehicle only. Hedge material shall be thirty-six (36) inches high when first planted, shall increase in height at a rate of one (1) foot per year and shall be maintained at a height equal to the roofline of any vehicle, boat or trailer which is less than eight (8) feet in height, and to a maximum of eight (8) feet in height for any vehicle, boat or trailer greater than eight (8) feet in height. If a fence is used for screening, the fence shall be a minimum of six (6) feet in height and must be opaque.

C.

Use of vehicle for living or sleeping prohibited.

1.

It shall be unlawful for any owner, operator or person having custody of any vehicle described below to use, or permit the use of, any such vehicle for living or sleeping purposes while the vehicle is parked or stored within the city. It shall also be unlawful for an owner or occupant of land to knowingly permit such a vehicle to be parked or stored on property owned or occupied by him and used by another for such purposes in violation of this subsection. The provisions of this subsection do not apply to mobile homes located in a mobile home park.

2.

a.

Any "mobile home," which is a nonmotorized vehicle designed to be used either temporarily or permanently as a residence or living quarters.

b.

Any "trailer," which is any wheeled device or vehicle upon or within which persons or property may be transported over a road, if coupled to or capable of being drawn by a motor vehicle.

c.

Any "bus," which is any motor vehicle used or originally designed for transporting ten (10) or more passengers, whether or not such transportation is for compensation.

d.

Any "recreational vehicle unit," which is any vehicle designed or primarily used for recreational, camping or travel use, which either has its own motor power, or which is mounted upon or drawn by another vehicle and used or designed to be used as temporary living or sleeping quarters.

e.

Any "inoperable vehicle," which is any vehicle, whether motorized or nonmotorized, in, upon or by which any person or property is or may be transported or drawn upon a road, which is inoperable because it is wrecked, derelict or partially dismantled. Any vehicle which does not display a current license tag is presumed to be inoperable.

(Ord. No. C-97-19, § 1(47-34.4), 6-18-97; Ord. No. C-98-6, § 1, 2-3-98; Ord. No. C-99-39, § 1, 5-18-99)