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ITEM: ORDINANCE NO. 2014-29 (COMMERCIAL VEHICLES APPROVING AMENDMENTS TO CHAPTER 62, ARTICLE I, SECTION 62-9 OF THE CODE OF ORDINANCES; ALLOWING LIMITED ADDITIONAL EXCEPTIONS TO THE PROHIBITIONS ON THE PARKING OF COMMERCIAL VEHICLES ON RESIDENTIAL PROPERTIES).
AN ORDINANCE OF WELLINGTON, FLORIDA'S COUNCIL AMENDING CHAPTER 62, ARTICLE I, SECTIONS 62-9.c.(1)(ii) and 62-9.c.(2)(i) OF THE WELLINGTON CODE OF ORDINANCES PERMITTING EXCEPTIONS FOR COMMERCIAL VEHICLE PARKING ON MULTI-FAMILY RESIDENTIAL PROPERTY WITH CERTAIN LIMITATIONS; PROVIDING A CONFLICTS CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Approve Ordinance No. 2014-29. PZAB recommended approval, as amended, at the September 8th public hearing by a 4-2 vote.
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EXPLANATION: This proposed Ordinance amends the commercial vehicle regulations on residential properties in Wellington. A commercial vehicle (one (1) per lot) is currently allowed to be parked in a side or rear yard, if licensed and not visible from either the street or an adjoining property. A commercial vehicle may be parked in a driveway or a parking lot in a multi-family development if the only reason it is deemed commercial is exterior signage, and the signs are completely covered.
Under the current regulations, multi-family units, with units that do not have garages and for which there are no side or rear yards where vehicles could be parked out of site, have a limited tenant pool. The potential tenants that are required by their jobs to have take-home commercial vehicles because they are on call for assignments or are required to report to customer sites directly from home generally cannot rent in these locations unless other arrangements are made for the vehicles. Some landlords report that this situation limits their tenant opportunities affecting their rent stream.
The proposed amendments will allow limited exceptions to the current prohibitions: allowing one (1) commercial vehicle per unit with size limitations (not more than 20 feet long, not taller than 8 feet and not over ¾ ton capacity limit); a prohibition on open storage of equipment and/or supplies; and only in multi-family neighborhoods where no garages are available. Vehicles that are only deemed commercial because of signage will be allowed in multi-family areas. Further, a restriction that allows any commercial vehicle to be parked on a residential property (for service purposes) for only one (1) hour during daytime hours only and not at all on Sundays is proposed for modification to eliminate these restrictions if the vehicle operator is on premises actively providing commercial services.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: YES QUASI-JUDICIAL: NO
FIRST READING: YES SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: N/A
WELLINGTON FUNDAMENTAL: Protecting our Investment
RECOMMENDATION: Approve Ordinance No. 2014-29. PZAB recommended approval, as amended at their September 8th public hearing by a 4-2 vote.