Ordinance 75-37, :.' ~.~ COLLIER COUNTY ORDINA/.;CI~ NOS. 74-42 AUD
~ MERCIAL VEHICLE, AND BY ADDING A SECTIO~.I
. ~< ' TITLED "SPECIAL REGULATIO~;S RESTRICTING
\. THE PARKING OF COM~4ERCIAL AND MAJOR RE-
CREATIO~AL EQUIPb~EUT"; PROVIDING A~! EFFEC-
TIVE DATE.
BE IT ORDAIn;ED BY THE BOARD OF COUNTY COMMISSIOn;ERS OF
COLLIER COUNTY, FLORIDA:
SECTION ONE:
Section Three (3) of Ordinance No. 74-42 and Ordinance
No. 75-23 is hereby amended by adding the following definition:
Commercial Vehicle: Any vehicle that has a rated capacity
of one ton or more and is used in conjunction with a commer-
cial or business activity.
Amend Ordinance 74-42 by adding:
Section 13 A. ~pecial Regulations Restrictin~ the
Parking of Commercial and Major Recreational Equipment.
1. Intent and Purpose
It is the intent and purpose of this section to allow
residents within a subdivision in Collier County to pre-
scribe stricter regulations governing the parking of
commercial and/or major recreational equipment than is
provided under the minimum requirements set forth in
Section 7 and Section 8.
This district is intended to apply as an overlay
district for areas or portions of areas which are zoned
for residential uses.
The purpose of these regulations is to maintain~, e ~ ----
appearance and quality of the residential use in th~_x
manner in which it was originally platted, to reduc~,
congestion, prevent overcrowding and the blocking=o~~
views and the free flow of air currents, and to maintain
the lasting values and amenities of the neighborhood.
2. Establishment of Zoning Classification
A zoning classification, to be known as the Restricted
Parking Overlay District, and to be denominated on the
Official Zoning Atlas by the syn~ol, "RP" in conjunction
with the basic residential symbol, is hereby established.
3. Ul~on i~eLJ, tlon Lo the Board of County Commissioners
.';Jgned by :~ m.i.n.tmum of one hundred (100) or 50% of the pro-
perty owners whichever is the lesser, in tho proposed DisLrict,
l~la[;tc~d subdivision, or within a vo~ing precinct comprising
a homogenous zoning area, the Board of County Commissioners
m~y r~..vJse the boundaries of tho District and enact an imple-
menting ord:inance to be~:ome effective upon approw~l by a
majority of the qualified electors residing within the District
voting in the next general or special election held for other
purposes within the District(s). The election permits a choice
by the elector if Jn favor of or opposed to the following
regulations as may be revised by the implementing ordinance:
A. House car, camp car, camper, house trailer,
motor home, school and/or other buses. No house car,
camp car, camper, house trailex', motor home, or any
vehicle, by whatever nam~ known, school and/or other
bus, designated or adaptable for human habitation,
whether such vehicle moves by its own power or by
power supplied by a separate unit, shall be kept or
parked on premises zoned for residential purposes
within the County nor on public rights-of-way of
said zoned districts except when parked entirely within
the conf.ines of a garage, carport, or fully enclosed
struct ute and cannot be seen from any abutting property
or public way, provided, however, that such vehicles
may be parked anywhere on residential pre~nises for not
to exceed twenty-four (24) hours during loading and
unloading.
(1) Tho following exceptions may be granted
by tho Dirocto~: upon application by the property
owner .
(a) Resilient: Such car, trailer, bus or
motor hom,~ may, upon obtaining a permit
from thc. D.~rector be parked upon the premises
of the r(?n].dent for a period not {~xceeding
three (3) days for tile purpono of loading
or unloading and/or cleaning and unloading
prior to or after a trip. The permit for
each period shall bs affixed to the vehicle
in a conspicuous plac~ on the ~truet sid~
..... thereof.
The Director ~ny for good cnuse shown,
authorRze thu issuanc~ of n second consecutive
permit not to nxcned thre~ (3) dnys. An add-
itional p~rmit for th~ pnrking of such vehicle
will not be issued until after such npplicntion
has been reviewed and approved by tho Board
of County Co~issioners.
(b) Non-Resident: Such car, trailer, bus
or motor home, when used for transportation
of visitors to this County to visit friends
or me,ers of the visitors' family residing
in this County may upon obtaining a permit
from the Director bo parked upon the premises
of the visited family for a period not ex-
ceeding ten (10) days. Tho permit shall be
affixed to the vehicle in a conspicuous place
on the street side thereof. The director may,
for good cause sho%~, authorize the issuance of
a second consecutive permit not to exceed ten
(10) days. An additional permit for the park-
ing of such vehicle will not be issued until
after the application has been revie%{ed and
approved by the Board of County Commissioners.
4. Passenqer Vehicles Conta]~ntnq Commercial Advertising
A. Parking of passenger vehicles with commercial
advertising signs, which are written directly on the
finished surf~ce of the passenger vehicle or attached
in such a manner so as not to protrude more than one
(1") inch from the finished surface of the passenger
v(.:]~i.c].c, r;(:LLing £¢~rl.:h Lhe name o~ the bu,'.~tnon:.~, itn
address, ]~unJ. nc. ss telephone number and type oE business
e.g., realtor, painter, etc. thereon in rosidenti~l
areas outside the confines of a garage or carport is
permitted so long as the home (residential) address
is not shown thereon.
}]. All passenger vehiclgs having co~ercial adver-
tising signs not conforming to the requirements set
forth J.n Paragraph A. above shall bo prohibited.
5. Trucks, Trail. ers, School Buses and/or~other Co~ercial
Vehi~S: i~ ~hall be~awfu'l for any p'ers~A ~o par'k,
keep or store in or upon any property, public or private,
in any area of the County which is zoned residential,
except as provided in Sub-section 3A. of this Section, any
truck exceeding a rated capacity in excess of one ton,
trail, er, school, bus and/or other commercial vehicle, and
any passenger-type vehicle, by whatever name designated,
converted partially or completely from a passenger carrying
vehicle to a vehicle for transporting goods or articles
by removal of a seat or seats therefrom or by addition thereto,
thercon or therein of a rack, crate or other carrier or holder
for transporting good or articles, such as but not limited
%o ladders, wheelbarrows, tools, equipment, supplies or
materials, if such vehicle so convertod is used in or
incident to the operation of a business.
A. Exceptions:
(1) The foregoing prohibition shall not apply in
cases of licensed contractors or service establish-
ments actually doing work on the premises, or in case
of loading or unloading such vehicles, or to any such
vehicle while it is being used for transportation for
' personal reasons of the operator of a temporary nature
to and from the home, such as for noonday meals or
to visit or serve an ill person.
(2) Tl,e }~arkLl~g or storage of such v~hlc]es ~s
within th(~ confinez of a garage, carport, or
£ully e. nclo:~(:d structuz~: and cannot be seen from -
any abutLing pro/,ert, y o~ public way.
6. ]3oats a~]d ]~oat TraJ.]er:'~: No boat or boat tra~.ler shall
be par]ccd or stored on prem~.k~es zoned for residential uses
or on publJ, c rights-of-way of said zoned districts except
when parked or stored entirely within tho confines
of a garag<., carport, or fully enclosed or shie]~ded structure
and cannot be seen from any abutting property or
public way.
A. Exceptions:
(1) A boat or boat trailer may be parked on the
owner's premises, in tho open, on a temporary
basis not to exceed eight (8) hours for the
purpose of loading and/or cleaning an unloading
prior to or after an outing.
(2) An empty boat trailer may be parked at a
launching site during the period of time that
the boat is launched therefrom for a single
voyage and while ~n ~he process of loading or
unloadJ, ng the boat and/or trailer.
(3) Boats on davits or cradles adjacent to water-
ways or birthed at approved docks and/or piers.
7. Hotel and Motel Parking Provisions: Hotels and motels
are considered as business-like enterprises, therefore,
recreational vehicles, trucks, trailers, buses and/or
other co~ercial and industrial vehicles, listed herein
of bona fide residents %hereof, transients or otherwise
m~,y be parked on the premises of such facilities. Such
vehicles shall not be parked in streets, alleys or other
rights--of-%.;ay within the residential district.
8. Gener~,] E>:cei~tlons: The provisions of this paragraph
shall, not apply to vehicles parked on the premises of
churches, clinics, schools, public libraries, public
buildings, public and club swiping pools, private clubs,
go.If cour:~::-~, ut. iJit.ir.~s, herr. ils ~n~d moto].s and pnrks and
recreatJnn~]l ztl'~:;~, whi.]L~ tho persons %ransporLed thereby
are at'.tendi, ng or per,jcl, paring in ~c~J. viLlos or being
treated or served thereat, nor %o b~ses, ~rucks or
trailers p~rked aL ~tny ti. mo in a spac~ prepared or
sJ.g~ated therefore on said promises, if such vehicles
~]re used or et)eraSed by or for the operation of the
places or insti%utJ, ons designated, except that such vehicles
cam]et be used for resJ.dentJal occupancy.
SECTION TWO:
Sevcrabi!i[~' - If any seer. ion, subsection, sen['ence, clause
phrase or portion of ~his Ordinance Js for any reason ]]old invalid
or unconstitutional by any Court of competent jurisdiction, such
portion shall })e deemed a separate, distinct and independent provision
and such holding shall not affect tho validity of the remaining
portion hereof.
Construction - The provisions of this Ordinance shall be deemed
an exercise of the police powers of Collier County for the protection
of t.]~e pub].ic h(~alth, safety and welfar~ and therefore shall be
].iberal]y construed to accomplish that purpose and implement the
legislative intent and declaration.
If such violation is continuing, each day's violation or
separate ecl shall be a separate offense.
?enaltZ - A violation of any provision of this Ordinance is
a misdemeanor and shall be prosecuted in the name of the State in te
C~unty Court by the Prosecuting Attorney, and upon conviction shall
ba punished by a fine not to exceed $500.00 or by imprisonment in
the County Jail not to exceed 60 days, or by both such fine and
j. mprisomnent. The Board of County Co~nissioners shall have the power
to collaterally enforce the provisions of this Ordinance by appropriate
JudJc:ia] WrJL or proceeding nothwiths[:anding any prosecution as
misdemeanor.
Effective Date - This Ordinance shall take effect upon receipt
of nok.~cc that Jt has been receJ.ved and filed in the Office of
Secretary of SLate.
PAH.~;.ED AI~D DU],Y ADOPTED by Lht2 Board of Co%lnty Commi.-,n].onc~rs
of Collier County, F]or~dn, Ll~s 23rd day of September__, 1975.
I.IA1K;ARt::T T. SCOTT
of. Circuit Court
l)clu~ t:y Clerk
BOARD OF COUNTY COt4t4ISSIONERS
COLLIER COUNTY, FLORIDA
~s ~:7', p~ %T ~'-fit¥~: ~T~'f 1
-Chairman
Approv¢:d as to form & legality:
--'David Emerson Brunet
Collier County Attorney