§ 62-2117. Parking, locating and storing of recreation vehicles and equipment, commercial vehicles and heavy equipment, and motor vehicles and recreational vehicles for sale.

(a)

Definitions. For purposes of this section:

(1)

Cargo van means any van under 24 feet where the area behind the driver is designed for transporting cargo or operated for general commercial use but has the same body shape as a passenger van.

(2)

Commercial vehicles and heavy equipment means commercial, industrial or agricultural vehicles, equipment or machinery, whether or not the vehicle, equipment or machinery is licensed or otherwise authorized to travel upon the roads of the state, specifically including but not limited to: semi-trailers; tractors for semi-trailers; trucks; step-vans; box trucks; construction equipment; cement mixers; compressors; forklifts; buses; tow trucks; dump trucks; trucks with roll-back beds; trailers; any other similar vehicles, equipment and machinery classified as commercial by the manufacturer; and pickup trucks, passenger vans, and cargo vans used for commercial purposes.

(3)

Developed property means that there is a structure or other improvement on the property that meets the requirements of the zoning classification.

(4)

Driveway area means that area of a lot between the garage or motor vehicle parking area and the abutting right-of-way that is stabilized or paved and utilized for the purpose of giving access for moving motor vehicles from the motor vehicle parking area to the abutting right-of-way. As part of this definition, driveway access means a path for a vehicle giving access from abutting property to a road.

(5)

Front yard area means that portion of the lot area extending along the full width of a front property line between side property lines and from the front lot line to the front building line of the residential building.

(6)

Opaque barrier means complete visual screening accomplished by way of vegetation, wall or fencing, a minimum of six feet in height, but not exceeding the height standards set forth under section 62-2109 for walls and fences.

(7)

Passenger van means any van under 24 feet where the area behind the driver is designed for carrying passengers.

(8)

Pickup truck means any truck under 24 feet where the cab is designed for carrying passengers and the open bed is designed primarily for carrying property.

(9)

Rear yard shall mean that portion of the lot extending from the back building line of the principal structure between the side property lines and the back lot line.

(10)

Recreational equipment means any vehicle, vessel or equipment designed for outdoor recreational use that is not otherwise defined as a recreational vehicle. Such equipment may include, but is not limited to, boats (including airboats and jet-boats), personal watercraft (jet-skies and the like), all-terrain vehicles (ATVs), dirt bikes, go-karts, golf carts, low-speed vehicles as defined by F.S. § 320.01 (such as neighborhood vehicles), and any other similar vehicle, vessel or equipment, but does not include trailers designed to haul such equipment (such as boat trailers).

(11)

Recreational vehicle means any vehicle, as defined by F.S. § 320.01(1)(b), which is designed as temporary living quarters for recreational, camping, or travel use, which either has its own mode of power or is mounted on or drawn by another vehicle. Such vehicles include travel trailers, camping trailers, truck campers, motor homes, private motor coaches, van conversions and fifth-wheel trailers, but does not include park trailers, which are designed for permanent location and connected to utilities in a RV park.

(12)

Side yard means that portion behind the front yard area of the primary structure between the side lot lines and the back yard area.

(13)

Stabilized area means an area constructed of aggregates, concrete, asphalt, gravel, masonry, road base, or other similar type materials utilized to support the storage of recreational vehicles and equipment. For purposes of this section, the term stabilized shall not include a grassed area or an area that is only cleared of vegetation or mulched.

(14)

Trailer means any vehicle, with or without full or partial walls or roof, which is designed to haul any type of cargo while being towed behind a motor vehicle on public roads. This does not include trailers for semi-trucks.

(b)

Recreational vehicles and recreational equipment. Recreational vehicles and recreational equipment may be parked, located or stored at developed single-family or multiple-family residential properties (not on vacant properties) under the following conditions:

(1)

Use. The recreational vehicle or recreational equipment shall:

a.

Be owned or used by the property owner, occupant or guest.

b.

Be for the personal off-site recreational use of the owner, occupant, or guest.

c.

Not be used for residential or commercial purposes.

d.

Not be connected to utilities to accommodate residential use.

(2)

Number and location. The maximum number and location of recreational vehicles and recreational equipment is as follows:

a.

Where the property is greater than ½ acre in size, there is no limitation upon the number of recreational vehicles and/or recreational equipment permitted on the property.

b.

Where the property is ½ acre or less, the following requirements shall apply:

1.

Not more than one recreational vehicle or recreational equipment shall be permitted in the front yard area. The recreational vehicle or recreational equipment shall be parked in a driveway area, shall observe the side/side street setback requirement of the applicable zoning classification, but not less than five feet, and shall be parked perpendicular to the street upon which the driveway is accessed. The interior edge of the driveway may be expanded to accommodate the parking and storage where the required side setback cannot otherwise be met without widening the driveway area.

2.

The side yard areas may be used for the parking and storage of the recreational vehicle or recreational equipment, provided that said vehicle or equipment is parked/stored behind the front building line of the primary structure. In the event that the recreational vehicle cannot be entered or exited by the owner when parked behind the front building line, the recreational vehicle may extend forward of the front building line only to the extent to permit entry into/exit from the vehicle.

3.

The rear yard area may be used for the parking and storage of recreational vehicle or equipment.

4.

A maximum of two recreational vehicles or recreational equipment may be parked or stored on a property of ½ acre or less, in accordance with this subsection, without opaque screening. In the event that more than two recreational vehicles or recreational equipment are parked and stored on a property of ½ acre or less, said additional vehicles/equipment must be screened on all four sides by an opaque barrier.

c.

There is no limit imposed for recreational vehicles or recreational equipment that are parked or stored in a garage or other completely enclosed structure.

d.

Recreational vehicles or equipment may be temporarily parked in the right-of-way or front or side street yard (subject to local traffic regulations) only when expeditiously packing or unloading for up to 24 hours, but not in a manner that blocks the street or sidewalk.

e.

Boats that are stored in the water or on a dock at waterfront lots are exempt from the limitations of this subsection.

f.

A boat that must be transported by trailer shall be stored on a trailer.

g.

Empty boat trailers and jet-ski trailers may be parked or stored in the five foot front-side property line setback.

(3)

In any single-family or multiple-family residential development, the common storage of trailers, recreational vehicles and boats may be permitted if a portion of the project is specifically designed and designated on the plat or site plan for the storage of such vehicles. An enclosure providing a visual barrier for such areas shall be required as a condition of subdivision plat or site plan approval. All multiple-family developments of 30 dwelling units or more shall provide, at a minimum, one such space for each 15 dwelling units.

(c)

Commercial motor vehicles; heavy equipment; commercial pickup trucks, passenger vans and cargo vans; and trailers.

(1)

Commercial motor vehicles and heavy equipment shall not be permitted to be parked or stored on any zoning classification or the abutting right-of-way unless specifically permitted under this chapter. Commercial vehicles shall not be parked, stored or located at any location in a manner that blocks a street or sidewalk or causes a traffic sight obstruction.

(2)

Commercial motor vehicles or heavy equipment shall be permitted to be parked, stored or located on developed BU2, GML, IU, IU-1, PBP and PIP zoned property.

(3)

Commercial motor vehicles may be parked, stored, or located in any zoning classification or abutting right-of-way, if it is being temporarily utilized on the site in conjunction with a lawful or permitted activity on that specific lot, parcel or track of land, or is in the process of expeditiously loading or unloading goods or merchandise but not in a manner that blocks the street or sidewalk or causes a traffic sight obstruction.

(4)

Commercial motor vehicles may be parked, stored, or located on developed BU-1-A, BU-1, and IN(H) zoned property under the following conditions:

a.

If the BU-1-A, BU-1, or IN(H) zoned property abuts residential zoned properties, then all commercial vehicles or equipment in conjunction with that business operations must be parked, stored, or located to the rear of the main structure and be completely screened on all four sides by an opaque visual barrier.

b.

If the BU-1-A, BU-1, or IN(H) zoned property does not abut residential zoned properties, then all commercial vehicles or equipment in conjunction with that business operations must be parked, stored, or located to the rear of the main structure or at a designated loading dock specifically designed and site planned for loading and unloading cargo, or in an area designated on a site plan that complies with section 62-3206.

(5)

Commercial pickup trucks, passenger vans and cargo vans, and trailers.

a.

Pickup trucks, passenger vans, and cargo vans may be parked, stored or located on developed BU-1-A, BU-1 and IN(H) zoned properties if minimum conditions set forth in section 62-3206 have been satisfied.

b.

Pickup trucks, passenger vans, cargo vans and trailers may be parked, stored or located on developed IN(L) and any developed residential zoned property within the boundaries of the property lines.

(6)

Commercial motor vehicles or heavy equipment of an agricultural nature which is accessory to a primary agricultural use shall be allowed to be parked, stored or located in the GU, AU, AGR, ARR, and PA zoning classifications. Equipment which is necessary to maintain privately maintained, unpaved roads or access easements and which is not otherwise used for offsite commercial purposes shall also be allowed to be parked or stored on lots within areas defined in section 62-1334.5. The lot on which such equipment is stored must be located on a privately maintained, unpaved road or access easement as described above, and if such road or easement is paved or becomes publicly maintained, the equipment must be removed from the lot within a six month period.

(7)

Certain commercial motor vehicles may be parked in the TU-1 and TU-2 zoning classifications under the following conditions:

a.

Commercial buses may be parked at hotels, restaurants, and attractions so that passengers can temporarily utilize these facilities.

b.

Commercial motor vehicles may be parked at hotels and restaurants if passengers of the vehicles are customers of such establishments.

c.

Commercial vehicles shall not be parked within 50 feet of any property zoned for residential uses.

d.

Commercial vehicles with refrigeration units shall not be permitted under any circumstances.

e.

Commercial vehicles shall be expeditiously started for departure and their engines shall not be engaged except when entering and leaving the parking lot.

(8)

Two-axle step-vans. Two-axle step-vans associated with the principal use of the property may be parked, stored or located on developed IN(L) zoned property within the boundaries of the property lines.

(9)

Tow trucks. Tow trucks may be parked, stored or located on developed IN(L) and any developed residential zoned property if the tow truck is parked behind a six-foot high fence and behind the front building line.

(d)

Motor vehicles or recreational vehicles for sale which are parked, stored or located on property not a licensed and permitted sales facility:

(1)

No motor vehicle or recreational vehicle or equipment shall be placed for sale or parked, stored or located on unimproved vacant or vacant improved property unless the property has been specifically site planned for such placement or storage.

(2)

At no time shall any vehicle for sale be parked, stored or located on the right-of-way.

(Code 1979, § 14-20.41; Ord. No. 99-06, § 1, 1-28-99; Ord. No. 99-44, § 1, 8-5-99; Ord. No. 01-62, § 2, 10-2-01; Ord. No. 2002-30, § 1, 7-9-02; Ord. No. 02-41, § 1, 8-13-02; Ord. No. 03-31, § 1, 7-22-03; Ord. No. 2005-23, § 1, 5-17-05; Ord. No. 2005-47, § 1, 8-15-05; Ord. No. 2008-41, § 1, 10-14-08; Ord. No. 2014-09, § 1, 3-4-14)

Editor's note

Ord. No. 2005-47, § 1, adopted August 15, 2005, states the following:
" Minimum Standards. It is the expressed intent of the Board of County Commissioners that these restrictions enumerated in this section are to be considered the minimum standards for the unincorporated area of Brevard County. This section shall not be construed to be a repeal of any legally recorded deed restriction."