HomeMy Public PortalAboutOrdinance No. 2024-11 - Ordinance prohibiting recreational vehicle storage is prohibited on property zoned residentialSponsored by: Commissioner Williams
ORDINANCE NO. 2024-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, PERTAINING TO THE
STORAGE OF RECREATIONAL VEHICLES; AMENDING
ARTICLE V, SECTION 22-116, OF THE CITY OF OPA-
LOCKA'S LAND DEVELOPMENT REGULATIONS,
PROVIDING RECREATIONAL VEHICLE STORAGE IS
PROHIBITED ON PROPERTY ZONED RESIDENTIAL;
AMENDING CHAPTER VII, ARTICLE 1, SECTION 7-6 OF
THE CITY OF OPA-LOCKA'S CODE OF ORDINANCES TO
ESTABLISH A CIVIL PENALTY FOR NONCOMPLIANCE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the current City of Opa-Locka Land Development Regulations,
Ordinance 15-31 address the general storage of a recreational vehicle, of a certain
length and width, on single-family or duplex residential zoned property, subject to the
conditions listed in Section 22-116; and
WHEREAS, the City Commission of the City of Opa-Locka desires to prohibit
the storage of recreational vehicles on residential zoned properties; and
WHEREAS, the City Commission of the City of Opa-Locka desires to amend
Section 22-116 of the City of Opa-Locka's Land Development Regulations, pertaining
to recreational vehicles.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. Article V of the Land Development Regulations (pursuant to
Ordinance 15-31) is hereby amended to replace, Section 22-116, as set forth below, and
shall have the meanings ascribed and shall be removed and replaced with the
following words, terms and phrases and shall read:
Sec. 22-116 Recreational Vehicles.
1. Definitions
(1)"travel trailer," which is a vehicular portable unit, mounted on wheels, of
such a size or weight as not to require special highway movement permits
Ordinance No. 2024-11
when drawn by a motorized vehicle. It is primarily designed and constructed
to provide temporary living quarters for recreational, camping, or travel use. It
has a body width of no more than 8-1/2 feet and an overall body length of no
more than 40 feet when factory -equipped for the road.
(2) "camping trailer," which is a vehicular portable unit mounted on wheels
and constructed with collapsible partial sidewalls which fold for towing by
another vehicle and unfold at the campsite to provide temporary living
quarters for recreational, camping, or travel use.
(3) "truck camper," which is a truck equipped with a portable unit designed
to be loaded onto, or affixed to, the bed or chassis of the truck and constructed
to provide temporary living quarters for recreational, camping, or travel use.
(4) "motor home," which is a vehicular unit which does not exceed the
length, height, and width limitations provided in s. 316.515, is a self-propelled
motor vehicle, and is primarily designed to provide temporary living quarters
for recreational, camping, or travel use.
(5) "van conversion," which is a vehicular unit which does not exceed the
length and width limitations provided in s. 316.515, is built on a self-propelled
motor vehicle chassis, and is designed for recreation, camping, and travel use.
(6) "fifth -wheel trailer," which is a vehicular unit mounted on wheels, designed
to provide temporary living quarters for recreational, camping, or travel use, of
such size or weight as not to require a special highway movement permit, of gross
trailer area not to exceed 400 square feet in the setup mode, and designed to be towed
by a motorized vehicle that contains a towing mechanism that is mounted above or
forward of the tow vehicle's rear axle.
(7) The term "screened" means significantly hidden from view from grade level
by a structure or other means including but not limited to buildings, fences, walls,
hedges, and other landscaping material, or any combination thereof.
(8) Residential Zoned Property include any of the following:
Single -Family Residential district. Any zoning use district bearing the
prefix R-1
Two -Family Residential district. Any zoning use district bearing the prefix
R-2.
Residential Townhouse district. Any zoning use district bearing the prefix
R-TH
Moderate Density Residential district. Any zoning use district beaning the
prefix R-3
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Ordinance No. 2024-11
High Density Residential district. Any zoning use district bearing the prefix
R-4
Any Residential Mixed Use bearing the prefix HDOD; CMU; MNMU.
2. Recreational Vehicle Storage
The place of storage shall be to thc rear of the front building line if adequate side
setbacks arc available. Where thc R.V. storage arca is located between the
residence and a side street property line, the R.V. shall be visually buffered by a
six foot wood privacy fence, masonry walltrees er shrubs maintained to a height
of . x fee+ 'T'1.e Fro„t bull irg line referred to 6h 11 1,., +hat rt; F +1, t F
the street.
(1) Recreational Vehicle parking and storage is prohibited on property zoned residential.
Use of recreational vehicles as dwelling units is prohibited. To park or store a recreational vehicle
on property zoned residential will be a violation the Land Development Regulation, Ordinance
15-31, Section 22-116 as amended.
(2) Immediately following the passage of this Ordinance, the City shall use best
efforts to engage in a public information campaign to educate residents on the
requirements of this Ordinance. The public information campaign shall take place up
to 90 days after passage to address removal of recreational vehicles from properties
zoned residential.
Any person owning a recreational vehicle that is occupying real property zoned
residential within the City as of the passage of this Ordinance, will have up to 90 days
to remove the recreational vehicle from the City. After the 90 -day public information
campaign all violations will be subject to Code Enforcement Action including the
assessment of a civil penalty. After receiving a civil penalty, the property owner will
have 30 days to cure the violation, i.e. removal of the recreational vehicle from his
property or be subject to additional citation and remedies permitted by City Code.
(3) Enforcement of the Code. Notwithstanding the provisions of this section, the
City may at all times continue enforcement of the City Code through any authorized
code compliance methods specified in the Land Development Regulations or any
provision of the City of Opa-Locka's Code of Ordinances or other authorized means,
including but not limited to, issuance of and Prosecution of a notice of violation or the
issuance of a citation. This section shall not be construed or interpreted to serve as a
defense against any enforcement action brought by the City based on noncompliance
with the current requirements of the City Code.
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Ordinance No. 2024-11
Section 3. Chapter 7, Article I, Section 7-6 of the City of Opa-Locka's Code of
Ordinances is hereby amended to add new number 106 to establish a fees concerning
recreational vehicle storage violations and shall read:
106. Recreational Vehicle Parking $500.00
Section 4. Article XI, Division 10, Subdivision 2, Section 2-570.33 of the City of
Opa-Locka's Code of Ordinances is hereby amended to establish a civil penalty for
noncompliance for failure to register recreational vehicles as set forth below:
Code
Section
Description of Violation
Civil
Penalty
3-1
Erecting, constructing, posting, etc., of a sign without a permit
$200.00
3-2
Failure to obtain required sign inspection approval
200.00
5-1
Cruelty and fighting:
Prohibited generally
Tormenting, torturing or inflicting cruelty on an animal, or human being
500.00
5-18
Keeping vicious and howling dogs
500.00
7-3
Permit prerequisite to doing work:
Failure of homeowner to get permit
200.00
Failure of contractor to get permit
500.00
7-9
Duty to clean site:
4
Ordinance No. 2024-11
Code
Section
Description of Violation
Civil
Penalty
Failure to remove debris, equipment, materials or sheds
200.00
9
Excavations and fillings:
Illegal excavation
500.00
10-5
Permit required for intentional burning:
Setting fire without permit
200.00
Failure to obtain required permit or violation of conditions of permit
200.00
11
Garbage and trash:
Only city or licensed collectors to collect and dispose.
11-5
Utilizing the waste collection services of an unauthorized waste collection
agency by a commercial establishment
500.00
11-7
Offensive or dangerous accumulations:
Creating or maintaining fire hazard
200.00
11-10
Removal prohibited except from approved containers:
Uncontainerized refuse, rubbish, or solid waste
100.00
5
Ordinance No. 2024-11
Code
Section
Description of Violation
Civil
Penalty
11-14
Curbside placement; emergency; improvement of collection procedure;
conditions:
(b) Domestic garbage
Hanging waste container at curbside, right-of-way or street edge before or after
specific hours of normal collection;
100.00
per
day
(d) Garbage to be differentiated from garden trash and rubbish when placed in
receptacles or containers for collection purposes
Placement of commingled yard trash at the curbside or other designated trash
collection area, by residents for collection and disposal
50.00
Placement of commingled yard trash at the curbside or other designated trash
collection area by commercial multifamily residential establishments, for
collection and disposal
100.00
13
Licenses and Business Regulations
13-2
Tax levied and license required:
Failure to obtain a City of Opa-locka occupational license
100.00
14
Nuisances
14-1
Creation or maintenance of public nuisance prohibited; duties of owners and
tenants:
6
Ordinance No. 2024-11
Code
Section
Description of Violation
Civil
Penalty
Trash, debris, refuse, or garbage on premises
100.00
Excessive growth of weeds, grass, other flowers
100.00
Failure to exterminate insects, rodents, termites, vermin or other pest
100.00
Allowing public nuisance to exist
100.00
Causing a sanitary nuisance
500.00
Maintaining a sanitary nuisance
500.00
15
Noise:
Prohibited generally.
Excessive noise violation
100.00
15-137
Adherence to red light traffic control signals:
First offense
125.00
Second offense
250.00
Each additional offense
500.00
20
Trailers
7
Ordinance No. 2024-11
Code
Section
Description of Violation
Civil
Penalty
20-2
Parking prohibited except in trailer park:
106
Illegal placement or storage or parking of a recreational vehicle
500.00
Section 5. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining portions of this Ordinance.
Section 6. All ordinances or resolutions or parts of ordinances or resolutions in
conflict herewith, are hereby repealed.
Section 7. This Ordinance shall be codified in the Code of Ordinances when the
code is recodified.
Section 8. This Ordinance shall, upon adoption, become effective as specified
by the City of Opa-Locka Code of Ordinances and the City of Opa-Locka Charter.
PASSED FIRST READING this 18th day of March 2024.
PASSED SECOND READING this 10th day of April 2024.
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Ordinance No. 2024-11
TEST:
na Flores, City Clerk
APPROVED AS TO FORM
AND LEG SUFFICIENCY:
B rna • e Nor ' - eeks, P.A.
C
Moved by: Vice Mayor Ervin
Seconded by: Commissioner Williams
VOTE:
4-0
Commissioner Bass YES
Commissioner Kelley ABSENT
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
9
John H. Tay r Jr., Mayor
City of Opa-locka
Agenda Cover Memo
Department
Director:
Gregory D. Gay
Department
Director
Signature:
-�
City
Manager:
Darvin E. Williams
CM Signature
�l ��/ `" -
Commission
Meeting
Date:
March 13, 2024
Item Type:
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Resolution
Ordinance
Other
X
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Impact:
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2nd Reading
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Public Hearing:
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X
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Account# :
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Ex: N/A
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Advertising Requirement:
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Sponsor
Name
Commissioner
Williams
Department: Planning & Community
Development
Commissioner Williams
Short Title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, PERTAINING TO THE STORAGE OF RECREATIONAL VEHICLES;
AMENDING ARTICLE V, SECTION 22-116, OF THE CITY OF OPA-LOCKA'S LAND
DEVELOPMENT REGULATIONS, PROVIDING RECREATIONAL VEHICLE
STORAGE IS PROHIBITED ON PROPERTY ZONED RESIDENTIAL; AMENDING
CHAPTER VII, ARTICLE 1, SECTION 7-6 OF THE CITY OF OPA-LOCKA'S CODE OF
ORDINANCES TO ESTABLISH A CIVIL PENALTY FOR NONCOMPLIANCE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The current Land Development Regulations, Ordinance 15-31, Section 22-16 address the general
storage of recreational vehicles on residential zoned property subject to the conditions listed in
Section 22-116. The City Commission desires to remove legislation to permit parking and storage of
recreational vehicles on property zoned residential and to provide definitions and provide
progressive fees to be assessed for violators after a 90 -day public information campaign. The Planning
and Community Development Department has reviewed the amendment to prohibit recreational
vehicle storage in the City of Opa-locka which will require an amendment of Ordinance 15-31, the Land
Development Regulations, Article V, Section 22-116, "Recreational Vehicle Storage".
Financial Impact
Account
Description
Available
Project
Remaining Balance
There is no negative financial impact from the approval of this legislation.
Proposed Action:
PCD Staff recommends approval of this text amendment.
Attachment:
Draft Ordinance
Amended Land Development Regulation-