Excerpts of Ordinance 05-16 – Residential Parking Areas (download full ordinance below).
SECTION TWO: SCOPE AND PURPOSE
The purpose of this Ordinance is to protect the comfort, health, repose, safety, and general welfare of residents of the City of Bonita Springs by establishing maximum parking areas in residential neighborhoods within the City of Bonita Springs. The criteria for the size and dimension of residential parking areas contained herein shall apply to all residential areas, except where a development order has been issued under Land Development Code Chapter 3 that contains parking space size requirements more restrictive than those contained herein. The standards which constitute a nuisance under this ordinance shall apply to all residential parking, regardless of the date the parking area or building was originally constructed, or whether a development order or building permit was issued or required.
The requirements of this ordinance are supplemental to standards that are found in other portions of the Bonita Springs Land Development Code and in other ordinances adopted by the City of Bonita Springs, including but not limited to regulations relating to the parking of Recreational Vehicles, Mobile Homes and Commercial Vehicles in Residential Areas.
SECTION THREE: CRITERIA FOR SIZE AND DIMENSION OF RESIDENTIAL PARKING AREA FOR DRIVEWAYS PERMITTED AFTER OCTOBER 1, 2005 OR USED FOR RENTAL UNITS
For properties used for residential purposes and are permitted after October 1, 2005 or are used for rental units, parking is limited to the driveway parking area meeting the dimensional requirements described below and leading from the permitted driveway connection to an enclosed parking area such as a garage or carport. If there is no garage or carport, the driveway parking area must meet the dimensional requirements below and be intended to provide parking and ingress and egress of vehicles.
The maximum width of the driveway parking area shall be eighteen (18’) feet where the driveway enters the street, or the driveway parking area shall be limited to no more than thirty (30%) percent of the total front yard area, whichever is greater. The intent is to limit the area and retain at least seventy (70%) percent of the total front yard area to remain unpaved open greenspace (unless the eighteen foot entrance creates less open space), and such greenspace shall not be used for the parking of any vehicles.
Circular driveway parking areas may be no more that forty percent (40%) of front yard open space provided the necessary driveway connections are allowed and that the circular drive extends to the right-of-way.
All unpaved parking areas must be graveled or covered with other erosion preventing material clearly defining the driveway parking area, and have side borders of plants, landscape ties, pressure treated wood, brick or concrete or similar border materials.
Any driveway that was built prior to October 1, 2005, that is used as an owner occupied residential use (not also being used for a rental unit) or is otherwise exempted from the Bonita Springs Rental Permit Ordinance No. 05-14 or by Section Four of this Ordinance, is hereby deemed to be a valid non-conforming use, subject to abandonment as defined in Bonita Springs Land Development Code opens in a new window§4-2346, as may be amended from time to time. In no event shall a driveway which is deemed a nonconforming use be extended or enlarged.
SECTION FIVE: PUBLIC NUISANCES BY PARKING
The existence of any of the following conditions or conduct on residential property is hereby declared to constitute a public nuisance:
- No parking area for residential use may be leased, rented or otherwise provided for consideration to someone not residing on the property.
- Overnight parking is prohibited on any right of way, on any grassy area, or on any portion of the premises other than the driveway parking area (excluding any unpaved parking areas as explained in paragraph 4 below.
- Access to all driveway parking areas must be from an approved or existing legal driveway connection.
- All unpaved parking areas must be graveled or covered with other erosion preventing material clearly defining the driveway parking area, and have side borders of plants, landscape ties, pressure treated wood, brick or concrete or similar border materials.
- Failure to comply or maintain the criteria for size and dimension of residential parking area, as set forth in Section Three of this Ordinance.