Sunday, April 22, 2018

“Workshop on Draft Ordinance 2018-07, proposed amendments to Chapter 23, Land Development Regulations”.

The Lake Worth City Commission will be holding a Workshop at City Hall next Tuesday (April 24th) beginning at 6:00.

Meeting is open to the public.

The agenda and backup material was posted to the City’s website last Friday afternoon (April 20th).

Discussion has been limited to 1½ hours on the proposed amendments to Chapter 23, “Land Development Regulations” and there will be no Public Comment unless the mayor decides to allow it.

To look over the entire agenda for this meeting click on this link and scroll down for City Commission “April 24, 2018” to download the agenda and backup material (pp. 1–128).

From the Executive Brief, an excerpt from the “Background and Justification” for this meeting:

On August 6, 2013 the City of Lake Worth adopted Chapter 23, Land Development Regulations of the Code of Ordinances. The LDRs include six (6) articles governing all development within the city. They are:
  • Article I: General Provisions.
  • Article II: Administration.
  • Article III: Zoning Districts.
  • Article IV: Development Standards.
  • Article V: Supplemental Regulations.
  • Article VI: Environmental Regulations.

For example, below is just one section taken from the agenda concerning the parking and storage of RVs, boats and trailers.

Note that within this 128-page agenda are many additions and deletions, “Amended by adding words and figures shown in underline type and deleting the words and figures that are struck through.”

From pp. 73–75 from the agenda next Tuesday, what follows is from Chapter 23, Article 4, Section 23.4–11, “Parking, Storage or Keeping of Certain Motor Vehicles, Recreation Vehicles, Boats or Trailers in Residential Districts”.

Recreational vehicle (RV) and Boat on Trailer (BT) regulations.

1. Location. RVs and BTs must be parked or stored behind the front building line. An administrative use permit may be granted by the planning and preservation manager Development Review Official, upon payment of the applicable fee, if the RV or BT cannot be located behind the front building line, provided:

A. Only one (1) may be located forward of the front building line.
B. It is of a size that does not cause it to extend onto or over public property or abutting private properties.
C. It is parked on a surface approved by the building department Community Sustainability Department.
D. A sketch of the location is submitted for approval to the building department Community Sustainability Department, including type and size of landscape material to be used to effectively screen the RV or BT from abutting properties, a photograph of the RV or BT and a copy of the registration.
E. The variance is applicable to the particular RV or BT to which the application is made. The purchase of a different RV or BT is subject to administrative review since the RV or BT may be of appropriate size as to now be located behind the front building line or of an inappropriate size for placement on the property.
F. At least two one (2 1) off street parking space spaces remains for resident parking of a personal vehicle, after the placement of the RV or BT.
G. No Any RV excepting boats shall not exceed ten (10) feet in height nor thirty forty (30 40) feet in overall length.
H. No BT shall exceed twenty-five (25) feet in overall length.
I. No RV or BT may be parked parallel to a public right of way.
J. No RV or BT may be parked in front of the main entrance to a residence.
K. No RV or BT may be parked in such a manner as to block emergency access and/or identification of building including address.
L. No RV or BT may be parked closer than 10′–0″ from any property line fronting a public right of way.
M. No RV or BT may be parked in such a location as to not meet the intent of this section whereby it must screened from public view and neighboring properties.
N. No RV or BT may be under repair or restored at a residential location.

2. Exceptions. Nothing in this section shall prohibit the following:

A. The parking of a motor home in the driveway when it is used as an everyday means of transportation, provided one (1) parking space remains for parking of a personal vehicle.
B. An RV or BT may be placed in an enclosed or visually screened carport, provided the unit does not protrude more than five (5) feet beyond the front building line and does not prohibit the legal parking of a vehicle in the driveway.
C. The parking or storage of boats or boat trailers along the east side of East Terrace Drive by the residents of East Terrace Drive. However, no parking or storage of a boat or boat trailer shall interfere with the flow of traffic along East Terrace Drive and are subject to all other provisions of these LDRs.

3. Restriction on number. There shall be no restriction on number provided that:

A. No more than one (1) RV or BTv may be located forward of the front building line.
B. Those RVs or BTs located behind the front building line are effectively screened from abutting properties.
C. All RVs or BTs must be currently registered, licensed, and permitted by appropriate governing authorities.

4. Restriction on size. There shall be no restriction on size other than the requirement that it shall not extend onto or over public property or abutting private properties.

5. Screening requirements. All RVs and BTs shall be effectively screened in accordance with other sections of this chapter from abutting properties, whether forward or behind the front building line, and for corner lots from the public right-of-way abutting the side property line.

6. Surface requirements. Behind the front building line, there shall be no surface requirements. However, those RVs located forward of the front building line shall be subject to surfaces approved by the building department in review of the administrative variance.

7. General conditions.

A. The RV or BT must be owned by the occupant of the property.
B. At no time shall such parked or stored RV or BT be occupied or used for living, sleeping or housekeeping purposes.
C. The RV or BT must be kept in a neat and operable condition, not wrecked, junked or partially dismantled. Additionally, no RV or BT shall be affixed to the ground or otherwise supported in a manner that would prevent its ease of removal from the property.
D. The RV or BT must be stored on property improved with a residence.
E. The parking of the RV or BT shall not cause other vehicles to be parked on sidewalks or on public right-of-way so as to create a hazard.
F. No major repair work may be conducted on the premises.

8. Nonconforming recreation vehicles. Recreation vehicles that are nonconforming under this section shall be made to conform to the provisions of this chapter within ninety (90) days of the passage of this chapter.

9. Appeal process. The planning and preservation manager's decision is final, but may be appealed to the appropriate board by the applicant or affected property owner, pursuant to section 23.2–17.

A public notice published about “ORDINANCE NO. 2018-■■ . . . AMENDING CHAPTER 23 ‘LAND DEVELOPMENT REGULATIONS’ ”:
How much more effective would this public notice been if it were published in The Lake Worth Herald? How many readers of the Post search for legal notices in a Sunday paper packed with come-ons, sales, circulars and coupons?

Stay tuned for more information about this public meeting next Tuesday, for example, it it’s decided to allow public comment and whether or not it is decided to hold more public meetings to engage and inform the public.