This section establishes regulations for approved parking areas in neighborhood zoning districts; parking, placing or storing of passenger motor vehicles, domestic equipment and commercial equipment on residentially zoned property; storage of cargo and equipment on residentially zoned property; and fines.

(Code 1992, § 16.40.100.1)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Apron or driveway apron means the curb cut and vehicular use surface area installed with a legal permit, maintained in compliance with City standards, located in the right-of-way and providing vehicular access from the street onto a private lot.

Cited means to receive a notice to appear that notifies the person named of the existence of an ordinance violation, identifies the amount of the fine, and directs the person named to pay the fine amount or appear in county court or before the Code Enforcement Board at a specified time and date.

Commercial means of or pertaining to an activity, work, raw material, finished good, manufacturing equipment, or services that are:

1.

Intended for marketing or service to the public;

2.

Supported by advertising;

3.

Emphasizing tangible profit; or

4.

Done or made for financial gain.

Commercial equipment means equipment which has been designed or is used for a commercial or industrial function and includes:

1.

Equipment able to be licensed for use on streets, including but not limited to semi-tractor trucks, semi-trailers, step vans, box trucks, panel trucks, flat bed and stake bed trucks, tow trucks, wreckers, dump trucks, bucket trucks and car carriers;

2.

Other equipment, including but not limited to front-loaders, bulldozers, cranes, trenchers, stump grinders, brush shredders, bobcats, bush-hogs, tractors, cement mixers, tar wagons/pots or street vendor carts;

3.

Equipment designed or structurally altered specifically to tow, store or carry four-wheeled motor vehicles, advertising or signage (other than commercial lettering applied to the body of the main vehicle);

4.

Equipment used as a platform for, or that transports, carries or stores materials or equipment, including but not limited to one or more lifts, derricks, hoists, booms, cranes, racks, fifth wheels, gas or chemical tanks, generators, pumps, tool boxes, building materials, or yard maintenance power tools and mowers, that are visible from the exterior of the commercial equipment, and which are designed, serve or are used for a commercial or industrial purpose; or

5.

Equipment that transports persons or things, including but not limited to limousines, hearses, school vans or buses, church vans or buses, trailers, and similar transportation equipment which bears lettering or advertising identifying the owner or lessee.

Conducting business means the conduct or performance by the property owner or their authorized agent of repair or maintenance to the premises, structures, landscaping, or other legal facilities located on the property which requires the active, continuous employment of a vehicle to accomplish the repair or maintenance. The term "conducting business" does not include the improper parking, placement or storage of one or more passenger vehicles for purposes of: protection of the assets; convenience; unloading household goods; or increasing available space on driveways, parking areas, the rights-of-way, or the street.

Day means the 24-hour period from 12:00 midnight to 12:00 midnight.

Domestic equipment means:

1.

Equipment which is accessory to residential single household activity, designed for or modified to be used for recreational, water sport, camping, travel, or household utility applications, and not designed, used or intended to be used for commercial or industrial purposes. This definition does not include mobile homes as defined by Florida Statutes. Domestic equipment also means all portable structures built on a chassis with wheels and either self-propelled or towable by a motor vehicle, including but not limited to: motor homes, campers, travel trailers, recreational vehicles, pick-up campers, tent trailers, and pop-out campers. Domestic equipment also includes but is not limited to four wheeled motorized carts, houseboats, boats, jet skis, any trailers specifically designed to transport or carry one or more pieces of domestic equipment, and utility trailers.

2.

The term "domestic equipment" does not include a passenger motor vehicle unless the passenger motor vehicle has been designed for or modified to be used as domestic equipment. A passenger motor vehicle will be considered domestic equipment for purposes of this Code if any of the following is present:

a)

The vehicle is registered as a recreational vehicle in any state.

b)

The vehicle has been outfitted with, has installed, or is actively operating: external air conditioning units, solar panels which are not part of the body of the vehicle or otherwise within the normal unaltered lines of a vehicle, deployed tents or awning, generators, water tanks, clothes lines, or any combination of the foregoing.

Driveway means a vehicular use surface area on the private lot immediately contiguous to the driveway apron and providing a parking and driving surface for vehicular access directly from the right-of-way apron onto the private lot.

Fully enclosed structure means a structure that was constructed under permits and received approved final permit inspections with four walls, a roof and doors that are kept closed and latched. The four walls must extend from the foundation floor to the roof of the structure. A fully enclosed structure does not include a carport or other accessory structure that allows the contents therein to be observed from outside the structure other than when viewed through a window.

Industrial means of or pertaining to the commercial production, provision or sale of goods or services.

Irreparable means the condition is incapable of being remedied, as the harm sought to be prevented has already occurred.

Legally recognized means designed, installed and maintained in accordance with standards approved by the POD, or in accordance with a previously approved site plan or otherwise legally permitted installation that has received an approved final inspection, and is located on a residential lot with an active primary residential use.

Parking area means a parking area providing an extension of the parking surface provided by the main driveway which is contiguous to the legally recognized driveway or driveway apron, confined to the private lot, designed, installed and maintained in accordance with standards approved by the POD or in accordance with a previously approved site plan or otherwise legally permitted installation that has received a City-approved final inspection.

Passenger motor vehicle includes all vehicles designed and licensed for use on the public roadways of 24 feet or less in overall length and nine feet or less in overall height, used to transport persons or property and propelled by power other than muscular power, and shall include motorcycles, mopeds and passenger motor vehicles originally designed or intended for use on the public roadways whether or not operated on the roads of the state, but shall not include vehicles propelled by muscular power such as bicycles or tricycles.

Permeable with regard to approved parking surfaces shall mean a surface made of organic mulch or other material approved by the POD that allows the absorption of storm water through the surface into the underlying soil.

Temporary or temporarily describes an event of less than four hours duration that occurs no more than one time in any seven consecutive day period.

Transient in nature means that a condition exists on a temporary, periodic, or non-permanent basis.

(Code 1992, § 16.40.100.2; Ord. No. 567-H, § 1, 1-18-2024)

A.

All passenger motor vehicles located in the required front or street side yards of residentially zoned property or on property used for residential use must be placed, stored, parked, stopped or located on a legally recognized driveway or parking area, or on a legally recognized permeable parking area.

B.

Failure to construct and continuously maintain aprons, driveways and approved parking areas in compliance with all location, dimensional and materials requirements of the code is a violation of the Code.

C.

Regardless of whether the surface materials were installed before or after the effective date of this section, failure to comply with any of the following maintenance requirements regarding aprons, driveways and parking areas is a violation of the Code.

1.

Surface materials must be installed to cover an area sufficient to accommodate the wheels of vehicles driving and parking on the surface.

2.

If the surface is concrete paver, brick, turf block or similar surface material, the pieces must be whole (unbroken) pieces installed so that edges of pieces are level with edges of the adjacent pieces.

3.

If the surface is asphalt or poured concrete, the surface must be maintained in good condition and repair with no cracks or voids larger than one inch.

4.

If the surface is loose material such as mulch, rock or gravel, the material must be homogenous, must be installed with at least a four-inch depth of material, must be free of voids in the material, and must be maintained in a manner which prevents washing out or scattering of the material into the private yard or right-of-way. Use of wood landscaping border timbers or other border material approved by the POD is required to contain the material.

5.

Where any aprons, driveways, and parking surfaces abut sidewalks, other pedestrian walkways, curbs or aprons, surfaces must be maintained so that they are level with the walking or driving surface, or in the case of a curb must be level with the highest part of the curb.

6.

Aprons, driveways and parking surfaces, with the exception of turf block surfaces, must be maintained free of any vegetation growing in, onto, or through the surface material and any border materials. The turf grass that may grow through turf block shall not exceed ten inches in height above the block surface.

D.

Legally constructed driveways and parking areas in existence prior to the effective date of this section which do not comply with the regulations of this section must be brought into full compliance with this section.

E.

Any apron originally constructed with organic mulch, rock, gravel, concrete, brick, asphalt, turf block or other material that does not comply with current requirements for right-of-way surfaces must be brought into full compliance with the current requirements when any of the following exists:

1.

The components, including surfaces and border materials of the apron, have not been continuously maintained in good condition and repair.

2.

There are voids or deterioration in the surface or border materials.

3.

The components allow washing out or scattering of surface materials from the apron area into the yard or right-of-way.

4.

The dimension of the apron running parallel to the street is wider than 20 feet at any point in the right-of-way.

(Code 1992, § 16.40.100.3)

A.

No person shall park, allow to be parked, place, allow to be placed, store, or allow to be stored a passenger motor vehicle on neighborhood zoned property in the required front yard or street side yard other than on a legally recognized driveway or parking area or on a legally recognized and maintained permeable parking area. The passenger motor vehicle shall not impede visibility for motorists and shall not block any portion of the public sidewalk or roadway. Parking, placement or storage of a passenger motor vehicle on any other portion of the front yard or street side yard is prohibited.

B.

Each passenger motor vehicle observed in violation of this section is a separate violation subject to a separate fine and each day that the observed violation continues to exist is a separate violation subject to a separate fine.

C.

The following circumstances will not constitute a violation of this subsection:

1.

Passenger motor vehicles parked or placed within a legally constructed, fully enclosed garage or carport;

2.

Passenger motor vehicles temporarily parked on the front yard or street side yard for the purposes of conducting business. The person responsible for parking the vehicle must be legally permitted to conduct business on the property; or,

3.

Police or fire vehicles, ambulances or other government or quasi-government emergency vehicles when the persons responsible for the vehicles are conducting official business.

D.

Approval for the short term placement, storage, parking, stopping, or location of passenger vehicles in the required front and street side yard of residentially zoned property may be granted by the POD for good cause shown and for a time period not to exceed 90 days within any consecutive 12-month period. Applications for such parking permit must be submitted in writing to the POD, and accompanied by the written consent of the owner holding title to each property contiguous to the applicant's property. For this permit to be effective, the permit must be displayed on the property and clearly visible from the street or in any other manner set forth in the permit.

(Code 1992, § 16.40.100.4)

A.

No person shall park, allow to be parked, place, allow to be placed, store, or allow to be stored more than two pieces of domestic equipment on neighborhood zoned property outside a legally constructed fully enclosed structure. Any domestic equipment parked, placed, or stored on neighborhood zoned property outside a fully enclosed structure shall not exceed 35 feet in overall length, shall not exceed eight feet in width and shall not exceed 12 feet in overall height. Whenever a piece of domestic equipment is parked, placed or stored on a trailer specifically designed to transport or carry the domestic equipment, this condition shall be counted as one piece of domestic equipment for purposes of this subsection.

B.

Domestic equipment may be parked, placed or stored inside any legally constructed fully enclosed structure which meets the regulatory requirements of the zoning district.

C.

A person may park, place or store up to two pieces of domestic equipment outside a fully enclosed structure provided all of the following conditions are met:

1.

The equipment is parked, placed or stored in the rear yard, in the interior side yard, or in the allowable buildable area for a principal or accessory structure; however, it shall not be parked, placed or stored in the front yard, in the street side yard, or in the buildable area to the front of the principal structure.

2.

When parked, placed or stored within any buildable area between the street side yard and the side of the principal structure, or within 50 feet of any street right-of-way, measured from the edge of the traveled road bed, equipment must be shielded from view from the street right-of-way by a solid six-foot high fence. Any portion of the required six-foot high shielding may also be accomplished with maintained vegetation forming a solid hedge. Any gate used to comply with this shielding requirement must also be solid, six feet high, and be kept closed whenever the equipment is not being moved through the gate. When any shielding is required, it must be located on the property where the equipment is stored, and the location, height and construction of the shielding must comply with all applicable ordinances and laws.

3.

When parked, placed or stored adjacent to an alley, the equipment must not impede the visibility for vehicles entering the alley from adjacent driveways.

4.

No equipment shall be in a waterfront yard except one boat is allowed to be placed or stored within any waterfront yard only when provisions exist to place the boat directly in the water from its location or storage place.

5.

Equipment cannot obstruct any door, window or other opening of a dwelling which provides light, air, entrance to or exit from a dwelling.

6.

Equipment must be in sound condition, good repair and free of deterioration or damage.

D.

Limited exceptions: On the following days and times, domestic equipment may be temporarily parked or placed to the front of the principal structure or outside of any required shielding on private property, provided the equipment does not impede visibility for motorists and does not block any portion of the public sidewalk or roadway:

1.

From Monday 8:00 a.m. through Thursday 4:00 p.m. for no more than four consecutive hours, and

2.

From Thursday, 4:00 p.m. until Monday 8:00 a.m.

E.

Each item of domestic equipment observed in violation of this section is a separate violation subject to a separate fine and each day that the observed violation continues to exist is a separate violation subject to a separate fine.

F.

If any piece of domestic equipment is fitted with liquefied petroleum gas or other volatile liquid containers, such containers shall meet all local, state, and federal standards. In the event that leakage is detected from such container, immediate corrective action must be taken by the property owner or equipment owner to make proper and safe repairs.

(Code 1992, § 16.40.100.5; Ord. No. 287-H, § 36, 7-20-2017)

A.

No person shall park, allow to be parked, place, allow to be placed, store, or allow to be stored any commercial equipment on a neighborhood or commercial residential traditional zoned property except as follows:

1.

Temporarily parking for the purpose of loading or unloading, but only for the time it takes to load or unload.

2.

Being parked, placed or stored in a legally constructed fully enclosed structure which meets the regulatory requirements for the zoning district.

3.

Temporarily parking a commercial motor vehicle on a residential lot on a legally recognized parking area for no more than 30 minutes during the normal lunch hours of 11:00 a.m. to 2:00 p.m. weekdays Monday through Friday, not to exceed one 30-minute period per 24-hour day, and provided it is properly licensed to be driven on the public roadway, is being driven by the owner or occupant of the residential lot, is not located in the visibility triangle and does not block any portion of the public sidewalk or roadway.

4.

Temporarily parking in a legal on-street parking space when the equipment is a motor vehicle which meets all of the conditions in the following subsection, provided such parking is in compliance with all other applicable ordinances and laws.

5.

For each dwelling unit on a residential lot, one piece of commercial equipment designed as a limousine, hearse, passenger van, conversion van, pickup truck, sport utility vehicle, car or similar motor vehicle is allowed to be parked on each residential lot, provided all of the following conditions are met:

a.

The vehicle does not display commercial identification lettering or advertising covering in excess of 50 percent of the visible surface area of the body of the vehicle as can be observed standing at ground level immediately adjacent to the vehicle;

b.

Any visible materials or equipment carried or installed on the vehicle must be materials or equipment that are normally used for single household, non-commercial applications and purposes, and comply with codes governing domestic equipment;

c.

The vehicle including carried or installed materials or equipment does not exceed nine feet in overall height;

d.

The vehicle including carried or installed materials or equipment does not exceed 22 feet in overall length; and,

e.

The vehicle is in sound condition, good repair, free of deterioration or damage, is properly licensed for use on the public roadways and is parked, placed or stored in accordance with codes governing passenger motor vehicles.

6.

For each dwelling unit on a residential lot, in addition to the exception set forth above, one piece of equipment from each of the two following categories is allowed to be parked, placed or stored on the residential lot, provided the described conditions are met:

a.

Properly licensed emergency or government service passenger motor vehicle designed as a van, pickup truck, sport utility vehicle, car or motorcycle such as law enforcement, fire or municipal fleet vehicles, provided the vehicle is parked in accordance with section 16.40.100.4.

b.

Motorized riding lawn mower provided it is used for single household residential purposes and provided it is parked, placed or stored in accordance with codes governing domestic equipment.

B.

Each item of commercial equipment observed in violation of this section is a separate violation subject to a separate fine and each day that the violation continues to exist is a separate violation subject to a separate fine.

(Code 1992, § 16.40.100.6; Ord. No. 876-G, § 36, 2-21-2008; Ord. No. 567-H, § 2, 1-18-2024)

All exterior storage of cargo equipment or other material, including but not limited to junk, rubbish, vegetation cuttings, and construction debris, placed or stored on any self propelled vehicle designed and licensed for use on the public roadways or on a trailer shall be contained entirely within the body panels of the vehicle or trailer or covered with a substantial tarpaulin or other shielding material which meets industry standards, such that the cargo, equipment or other stored material is completely shielded from view at all times when such vehicle or trailer is located on residentially zoned property or on the public right-of-way adjacent to residentially zoned property.

(Code 1992, § 16.40.100.7)

A.

The amount of the fine for violations of this section is as follows:

B.

A violation of this section is transient in nature and irreparable. The owner of the property, the person in possession or control of the property, the owner of the passenger motor vehicle or domestic or commercial equipment, and the person in possession or control of the passenger motor vehicle or domestic commercial equipment may be cited immediately upon observation of the violation. The passenger motor vehicle or domestic commercial equipment shall be permanently removed from the front yard or street side yard within 24 hours of being cited.

(Code 1992, § 16.40.100.8)