HomeMy WebLinkAbout2024-003-472_-_Recreational_Vehicles_Ordinance_-_Adopted.docxORDINANCE NO. 2024-003-472
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 34,
ARTICLE XII SECTIONS 34-388 AND 34-389 OF THE CODE OF
ORDINANCES RELATING TO COMMERCIAL, RECREATIONAL,
BOATS AND VESSEL PARKING AREAS TO AMEND
REGULATIONS RELATING TO RECREATIONAL VEHICLES IN
ACCORDANCE WITH EXHIBIT “A” ATTACHED HERETO;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN
CODE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, there has been a noticeable increase in the number of Recreational
Vehicles (“RV”) parked on residential properties in the City, and
WHEREAS, many of these vehicles are not being used for their intended purpose
but instead are being used as illegal rental units which presents numerous safety risks
for the City and residents and threatens the intended aesthetic that the City aims to
preserve, and
WHEREAS, the proposed amendment to Sections 34-388 and 34-389 of the City
of Miami Gardens Code of Ordinances will prohibit the parking or storage of RVs on any
residential property within the City unless the owner of such vehicle obtains a permit and
registers the vehicle and submits a sworn affidavit that the vehicle is not being used as
an accessory dwelling unit or rental property, and
WHEREAS, Councilman Robert Stephens recommends that the City Council
amend Chapter 34, Article XII, Sections 34-388 and 34-389 of the City of Miami Gardens
Code of Ordinances relating to Commercial, recreational, and vessel parking areas, a
copy of which is attached hereto as Exhibit “A”.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2. AMENDMENT: The City Council hereby amends Chapter 34, Article
XII Sections 34-388 and 34-389 of the Code of Ordinances relating to commercial,
recreational, boats and vessel parking areas to amend regulations relating to recreational
vehicles in accordance with Exhibit “A” attached hereto.
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Ordinance No. 2024-003-472
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 4. SEVERABILITY: 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 5. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a part
of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word “Ordinance” may be changed
to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately
upon its final passage.
PASSED AND ADOPTED ON FIRST READING BY THE CITY COUNCIL OF THE
CITY OF MIAMI GARDENS AT ITS REGULAR MEETING ON FEBRUARY 28, 2024
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON MARCH 27, 2024.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: COUNCILMAN ROBERT STEPHENS, III
Moved by: Councilman Leon
Seconded by: Councilman Stephens
VOTE: 6-0
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Ordinance No. 2024-003-472
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Campbell Absent
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Leon Yes
Councilman Stephens, III Yes
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Ordinance No. 2024-003-472
EXHIBIT “A’
Sec. 34-388. Commercial vehicle, recreational vehicle, and boat definitions. Commercial,
recreational, boats and vessel parking areas.
In addition to words and terms defined herein this chapter, the following words and terms shall be used in
the interpretation of parking of commercial vehicles:
(1) The term "commercial vehicle" means any vehicle which is used in connection with a business, whether
with or without signage or identification of such business; designed or used for the carriage of goods,
or designed or equipped with a connecting device for the purpose of drawing a trailer, and includes any
such motor vehicle that has added, a cabinet box, a platform, a rack, or other equipment for the
purpose of carrying goods other than the personal effects of the passengers.
(2) The term "recreational vehicle" or “RV” means a vehicle designed for off-road recreational operation or
as temporary living quarters for recreational, camping, or travel use which either has its own motive
power or is mounted on or drawn by another vehicle, specifically including a travel trailer, camping
trailer, truck camper, or motor home; excluding a mobile home.
(3) The term "boat" means a "vessel" as defined by F.S. § 327.02, including a boat trailer thereof, excluding
a vessel less than 12 feet in length and less than two feet in height. Boats parked or stored in a
residential district shall not exceed 25 feet in length.
(4) The term "heavy truck, as defined in F.S. § 320.01(10), means any motor vehicle with a net vehicle
weight of more than 5,000 pounds, and is registered on the basis of gross vehicle weight in accordance
with F.S. § 320.08(4), and is designed or used for the carriage of goods or designed or equipped with a
connecting device for the purpose of drawing a trailer that is attached or coupled thereto by means of
such connecting device and includes any such motor vehicle to which has been added, a cabinet box, a
platform, a rack, or other equipment for the purpose of carrying goods other than the personal effects
of the passengers.
(5) The term "private passenger van, utility van, or private passenger pickup truck" means any private
passenger van or private passenger pickup truck having a scale weight (vehicle only) of 5,000 pounds or
less and used solely for personal activities; however, any such vehicle (including automobiles) with
outside lettering displaying information identifying a business or other non-personal use of any kind,
for the purpose of this section, shall be determined to be a commercial vehicle regardless of scale
weight, and shall be subject to parking restrictions in residential zoning districts.
(6) The term "prohibited vehicle" means:
A heavy truck;
A recreational vehicle greater than 25 feet in length;
A boat or recreational vehicle less than 25 feet in length, except as permitted in Section 34-389 (b) and
(c) of this chapter.
A boat, vessel or boat trailer greater than 25 feet in length;
A mobile home; except as permitted per section 34-287 of this chapter.
A bus;
A dump truck;
A tow truck;
A semi-truck with or without a trailer;
Inoperable vehicle;
Machinery, including, but not limited to, front-end loaders, back hoes, tractors and bulldozers;
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Any other motor vehicle that has been modified from its original design such that it includes any of the
features of the above-enumerated prohibited vehicles.
Sec. 34-389. Commercial vehicle, recreational vehicle, boat parking on single family
residential properties and in single family residential zoning districts restricted.
Commercial, recreational, boats and vessel parking in residentially zoned
properties restricted.
(a) Prohibited. No prohibited vehicle shall be parked or stored on any residential property or in any
residential zoning district within the city on either or any public or private property including, but not
limited to, a yard, setback area, vacant lot, public right-of-way, swale or parkway. Any commercial
vehicle over 5,000 pounds, including private passenger van, utility van or private passenger pick-up
identifying a business or intended for non-personal use of any kind, shall also be prohibited from
residential zoning districts.
(b) Permit required. A maximum of one overnight parking permit may be issued per platted lot within a
residential zoning district, subject to the following requirements:
(b) Application, Inspection and Permit required. Commercial vehicles less than 5,000 pounds, and Boats and
Recreational vehicles less than 25 feet in length shall only be permitted after an application is completed
by the owner, the commercial vehicle, boat or recreational vehicle is registered with the city, and the
city has issued an annual permit to the owner, after inspection by the City. Permits expire on April 30th
each year and must be re-issued annually by May 1st to remain valid. The annual registration fee shall be
established by separate resolution. There is no refund of any application fees if the application is denied.
No permits shall be issued for vacant lots, multi-family units or townhomes. Only one (1) commercial
vehicle, boat or recreational vehicle may be registered at a time, for the same lot within a single-family
residential zoning district or on a single-family residential property, subject to the following
requirements. No variances or waivers shall be granted from the requirements below:
(1) The vehicle or vessel The commercial vehicle, boat or recreational vehicle must be owned by the
occupant of the residential property and the registration must be current; proof of ownership,
registration and residency shall be required as part of the application submittal.
(2) The commercial vehicle, boat or vessel recreational vehicle shall remain unoccupied and
uninhabited while parked or stored on the residential property; The Owner shall be required to
submit a sworn affidavit confirming that the commercial vehicle, boat or recreational vehicle shall
remain unoccupied and uninhabited at all times and shall not be used as an accessory dwelling unit
or rental property. It shall be presumed that the commercial vehicle, boat, or recreational vehicle is
occupied or inhabited, or that an accessory dwelling unit or rental property has been established
when one or more of the following conditions are observed:
a. There are one or more electrical, water, sewer or utility connections or illegal hook-ups designed
to serve the commercial vehicle, boat or RV. The commercial vehicle, boat or RV is advertised for
short- or long-term rental in print or online.
b. The commercial vehicle, boat or RV is occupied
c. The commercial vehicle, boat or RV has the appearance of being lived-in during inspection
d. The Inspector is prohibited from conducting an inspection of the interior of the commercial
vehicle, boat or RV during inspection
The existence of any of the above conditions shall deem the applicant ineligible to apply for a permit
for a minimum of three years and the commercial vehicle, boat or RV must be immediately removed
from the property.
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Ordinance No. 2024-003-472
(3) The commercial vehicle, boat or vessel recreational vehicle shall be maintained kept in a neat and
operable condition, provided that major no maintenance or repairs including, but not limited to,
brake service, tune-ups, repairs of the internal engine, rear end, transmission, exhaust system, body
and chassis, shall not be performed while parked or stored on the residential property;
(4) Boats and Recreational vehicles shall be covered at all times with a commercial covering designed
for that purpose. Make-shift covers or tarps shall not be permitted. Overnight parking permits shall
have the same expiration date as the vehicle registration and shall be required to be renewed
each year.
(5) The Commercial Vehicle, Boat or Recreational Vehicle shall be parked or stored in the rear yard at
least ten feet from all property lines on a smooth, non-dusting surface consisting of concrete,
asphalt or pavers and shall be screened from the right-a-way by a legally permitted solid opaque
fence with solid opaque gates both a minimum of six feet in height. Properties without gate access
or that require the commercial vehicle, boat or recreational vehicle to be lifted or craned into the
rear yard shall not be issued permits.
(6) The Commercial Vehicle, Boat or Recreational Vehicle shall be screened from the view of all abutting
properties by a legally permitted solid opaque fence a minimum of six feet in height.
(7) The Commercial Vehicle, Boat or Recreational Vehicle shall only be permitted on lots with a legally
permitted approach and driveway in the front yard on which the commercial vehicle, boat or
recreational vehicle can be driven.
(8) Violation of any of the above requirements after permit issuance shall be considered grounds for the
immediate revocation.
(c) Vehicles or vessels shall be parked or stored in the rear yard at least ten feet from all property lines.
Vehicles or vessels shall not be visible from the right-of-way.
(d) Vehicles parked or stored on residential property shall be screened from the view of abutting
properties by a wall or opaque hedge a minimum of six feet in height, meeting the approval of the
zoning administrator or designee.
(e) Vehicles or vessels shall be parked or stored in residential properties only if the surface consists of a
smooth nondusting surface including concrete, paver-blocks, turfstone, asphalt, tile and brick and
complies with the standards specified by the city engineering and public works department.
(c) Exceptions. Vehicles providing a service, including the delivery of goods and merchandise, repairs and
maintenance, or otherwise engaged in work in a residential district, may park along a public right-of-way
or on residential property for the duration of the service or work but not to exceed 12 hours in any 24-
hour period. Longer periods may be permitted by the administrative official in the best interests of the
occupant of the residential property and of the neighborhood.
These requirements shall not supersede more stringent restrictions contained in any deed, condominium
document or similar private instrument.
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