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DSec. 34-291. Regulations regarding off-street parking. (a) Approved parking surface. An approved parking surface is defined as one of the following: 1. 2. concrete at least 3 inches in thickness; concrete pavers supported by a foundation consistent with industry standards for use with the concrete pavers being used for such purpose; asphalt at least 3 inches in thickness.

3.

Nothing contained in this section shall lessen any construction requirement imposed by any other ordinance or code provision. (b) No automobile, bus, truck, recreational vehicle, motorcycle, boat, camper, or other motor vehicle or trailer shall be parked or stored on any lot within the city except in accordance with the following provisions: 1. Non-residential restrictions. No person shall park or store, or allow to be parked or stored on any non-residential property under the person's control, any automobile, bus, truck, recreational vehicle, motorcycle, boat, camper, or other motor vehicle or trailer within the city except in accordance with the following provisions: A. All automobiles, buses, trucks, recreational vehicles, motorcycles, boats, campers, or other motor vehicles or trailers must be parked on an approved parking surface.

2.

Residential restrictions. No person shall park or store, or allow to be parked or stored in the front or side yard of any residential property under the person's control, any automobile, bus, truck, recreational vehicle, motorcycle, boat, camper, or other motor vehicle or trailer within the city except in accordance with the following provisions: A. An approved parking surface as defined in this section must be provided underneath the entire footprint of any such automobile, bus, truck, recreational vehicle, motorcycle, boat, camper, or other motor vehicle or trailer. Any automobile, bus, truck, recreational vehicle, motorcycle, boat, camper, or other motor vehicle or trailer parked or stored on any residential property shall be located so as to conform to any setback or other location restrictions provided in the City Code. A maximum of two automobiles, buses, trucks, recreational vehicles, motorcycles, boats, campers, or other motor vehicles or trailers may be parked or stored at any one time in the rear yard of a residential lot of less

B.

C.

than one-half acre on an unapproved surface, and a maximum of three automobiles, buses, trucks, recreational vehicles, motorcycles, boats, campers, or other motor vehicles or trailers may be parked in the rear yard of a residential lot of one-half acre or more in size on an unapproved surface. Any automobiles, buses, trucks, recreational vehicles, motorcycles, boats, campers, or other motor vehicles or trailers parked or stored at any one time in the rear yard of a residential lot in excess of these maximums must be parked or stored on an approved parking surface as defined in this section.

D.

Automobiles, buses, trucks, recreational vehicles, motorcycles, boats, campers, or other motor vehicles or trailers parked in a permitted enclosed garage or carport shall be permitted in unlimited numbers. On residential lots greater than one acre in size, farm implements shall not count in calculating the maximum number of allowed vehicles. If any automobile, bus, truck, recreational vehicle, motorcycle, boat, camper, or other motor vehicle or trailer is not parked or stored in a permitted driveway or garage, the owner must first register the automobile, bus, truck, recreational vehicle, motorcycle, boat, camper, or other motor vehicle or trailer and the proposed location on the property, and the Chief Building Official or the Chief Building Official's designee shall, prior to acceptance of such registration, inspect the proposed location to verify that the proposed location meets the requirements of this section and the other requirements of the City Code, including all applicable setback and location requirements and the requirement, if any, for an approved parking surface.

E.

F.

(c) Any automobile, bus, truck, recreational vehicle, motorcycle, boat, camper, or other motor vehicle or trailer that is parked or stored in violation of this section, is hereby declared to be a public nuisance. (d) A person commits an offense if the person, on property under that person's control, parks or stores or allows to be parked or stored, in violation of this section any automobile, bus, truck, recreational vehicle, motorcycle, boat, camper, or other motor vehicle or trailer. (e) The provisions of this section are cumulative of other city ordinances and codes, and nothing contained in this section shall exempt any person from any requirement imposed by any other ordinance or code provision. Section 82-1. Definitions. [Proposed ordinance adds the following definitions:] Commercial truck means any truck excluding pickup trucks generally sold to individual consumers for personal or recreational use, including a tractor-trailer or any part thereof, and any other vehicle

all or part of which is specifically designed to serve a commercial purpose or be utilized in a commercial enterprise, such as through the addition of a specialized body or attachment, including but not limited to a box, tow winch, boom, or crane. Towable recreational vehicle means a non-motorized vehicle that: (1) is designed to be towable by a motor vehicle and used for temporary human habitation for uses including recreational camping or seasonal use; (2) is permanently built on a single chassis; (3) contain sleeping and/or cooking or other life-support systems; and (4) which is not used for transporting property for hire or for distribution by a private carrier. Trailer means a vehicle that: (1) is designed or used to carry a load wholly on the trailer's own structure; and (2) is towed or designed to be towed by a motor vehicle. The term "trailer" shall include, but not be limited to boat trailers, livestock trailers, and commercial trailers designated for hauling merchandise, supplies, or equipment, but excludes towable recreational vehicles as defined herein. Section 82-211. Restrictions regarding on-street parking of vehicles.

(a) When used in this section, vehicle length is measured from the most forward point of the vehicle to the most rearward point of the vehicle, including the bumpers and any protruding accessories, including but not limited to trailer hitches, mounted spare tires, light bars, brush bars, winches, and booms. When used in this section, vehicle height is measured from the ground to the most top point of the vehicle, including the cab and any protruding accessories, including but not limited to any box, booms, and light bars, but excluding pole and whip antennae. When used in this section, vehicle width is measured from the outermost protrusion of the vehicle on one side to the outermost protrusion of the vehicle on the other side, including mirrors. (b) It shall be unlawful for any person or any owner to leave, park or stand any trailer as defined in this chapter, truck-tractor, road tractor, semi-trailer or bus upon any public street, alley, parkway, boulevard or public place, excepting vehicles parked in a designated loading zone while actually and expeditiously loading or unloading; (c) It shall also be unlawful to park or place on any street or other public right-of-way within any single-family residential zoning district according to the city zoning ordinance any (1) truck, (2) recreational vehicle, (3) towable recreational vehicle, or (4) other wheeled object or vehicle, if such truck, recreational vehicle, towable recreational vehicle, or other wheeled object or vehicle is in excess of 10,500 pounds gross vehicle weight, twenty-five feet in length or eight feet in width. This subsection shall not prevent the parking or standing of the above described vehicle in such zoned areas for the purpose of actively and expeditiously loading or unloading passengers, freight, or merchandise or equipment or while equipment being transported is actively being used in the provision of a service at the location where parked, but in no event shall such period exceed three hours. (d) This section shall not apply to any of the following: (1) street construction, maintenance, and repair equipment, trucks, rollers, and implements, and trucks, equipment, trailers; (2) vehicles used by public service utility companies actively engaged in repairing or extending public service

utilities; (3) fire, police, and other emergency response and emergency services vehicles and equipment; (4) public buses when taking on or discharging passengers; and (5) vehicles defined or designated therein which have developed a mechanical defect after such vehicles have commenced to run, en route, making it unsafe to proceed further, and in this event, it shall be lawful to stand or park the vehicle only during the time necessary to make emergency repairs or arrange for the vehicle to be towed, but in no event shall such period exceed three hours. (e) In the event that permitted on-site construction work requires that a commercial truck, trailer, or other wheeled object or vehicle be placed in the street for longer than permitted herein, the Chief Building Official or the Chief Building Official's designee may issue a permit allowing such activity upon presentation of an application for a "commercial street construction vehicle permit," payment of the applicable fee, and written evidence of specific facts supporting the application, including facts showing the length of time the permit is to be effective and the lack of a satisfactory alternative location for such maximum duration as the Chief Building Official or the Chief Building Official's designee determines is reasonably necessary to accomplish the work, and on such conditions as the Chief Building Official or the Chief Building Official's designee determines are reasonably appropriate to promote and protect public safety. In no circumstances may a vehicle parked on a street be used for any human occupancy or habitation, temporary or otherwise. Section 82-281. - Truck routes designated. (a) No person shall operate any vehicle, including trailers, exceeding 10,500 pounds gross vehicle weight at any time upon any street in the city, except on the streets listed below and as otherwise provided in this section: (1) (2) (3) (4) (5) (6) on Baker Boulevard; on Glenview Drive; on Handley-Ederville Road from Baker Boulevard south to the south city limits; on Midway Road; on State Highway 121 and the access roads thereto; and those sections of any other street which directly abut any property zoned for I-1 Light Industrial or I-2 Heavy Industrial uses.

(b) (c)

These streets, or parts of streets, shall be known as truck routes. Such vehicles may be operated over other streets only the purpose of delivering or picking up materials or merchandise and then only by entering such other street at its nearest intersection with one of the truck routes described above no farther than the destination of its pick up or delivery and return to the truck route by the nearest and most direct route.

(d)

It shall be a defense under this section that the person is driving to a private residence, provided that the vehicle being operated is not a commercial truck as defined in Chapter 90 of the City Code, and is being legally stored or parked on such residential property in full compliance with the other provisions of the City Code. The chief of police shall cause to be erected signs upon the streets which are not truck routes which signs shall be the type to conform with the state manual on uniform traffic control devices. This section shall not apply to any of the following: (1) street construction, maintenance, and repair equipment, trucks, rollers, and implements, and trucks, equipment, trailers; (2) vehicles used by public service utility companies actively engaged in repairing or extending public service utilities; (3) fire, police, and other emergency response and emergency services vehicles and equipment; and (4) public buses when transporting, taking on or discharging passengers. Definitions.

(e)

(f)

Sec. 90-4.

[Proposed ordinance adds the following definitions:] Commercial truck means any truck excluding pickup trucks generally sold to individual consumers for personal or recreational use, including a tractor-trailer or any part thereof, and any other vehicle all or part of which is specifically designed to serve a commercial purpose or be utilized in a commercial enterprise, such as through the addition of a specialized body or attachment, including but not limited to a box, tow winch, boom, or crane. Farm implement means a farm tractor and any associated tractor plows. Towable recreational vehicle means a non-motorized vehicle that: (1) is designed to be towable by a motor vehicle and used for temporary human habitation for uses including recreational camping or seasonal use; (2) is permanently built on a single chassis; (3) contain sleeping and/or cooking or other life-support systems; and (4) which is not used for transporting property for hire or for distribution by a private carrier. Trailer means a vehicle that: (1) is designed or used to carry a load wholly on the trailer's own structure; and (2) is towed or designed to be towed by a motor vehicle. The term "trailer" shall include, but not be limited to boat trailers, livestock trailers, and commercial trailers designated for hauling merchandise, supplies, or equipment, but excludes towable recreational vehicles as defined herein. Section 90-58. [The following is added:] D. Parking in side yard or rear within ten feet of side or rear property lines. Parking in side yard or rear within ten feet of side or rear property lines may be permitted by

special exception upon a showing by th property owner that due to lot configuration, the prohibition against parking in such areas unreasonably restricts parking the normal and customary volume of vehicles which would generally be accommodated on a lot of similar size. Sec. 90-282. Regulations regarding residential off-street parking. (a) Purpose. Uncontrolled residential off-street parking can create a public nuisance. The purpose of this section is to provide for the regulation of residential off-street parking and to specify the requirements for residential off-street parking as such pertains to the appearance and the health, safety and welfare of the city. (b) Definitions. When used in this section, vehicle length is measured from the most forward point of the vehicle to the most rearward point of the vehicle, including the bumpers and any protruding accessories, including but not limited to trailer hitches, mounted spare tires, light bars, brush bars, winches, and booms. When used in this section, vehicle height is measured from the ground to the most top point of the vehicle, including the cab and any protruding accessories, including but not limited to any box, booms, and light bars, but excluding pole and whip antennae. When used in this section, vehicle width is measured from the outermost protrusion of the vehicle on one side to the outermost protrusion of the vehicle on the other side, including mirrors. (c) Off-street parking restrictions. In any area within the city which is zoned R-1L, R-1, R-2, or in any commercial or industrial zoned area being used for single family residential purposes, no person shall park, or allow to be parked any commercial truck in excess of 10,500 pounds gross vehicle weight, twentyfive feet in length, eight feet in height, or eight feet in width. In addition, in any area within the city which is zoned R-1L, R-1, R-2, or in any commercial or industrial zoned area being used for single family residential purposes, no person shall park, or to allow to be parked any (1) bus, (2) truck, (3) boat, (4) recreational vehicle, (5) camper, (6) trailer, or (7) other wheeled object or vehicle, if such bus, commercial truck, boat, recreational vehicle, camper, trailer, or other wheeled object or vehicle is in excess of 10,500 pounds gross vehicle weight, twenty-five feet in length, eight feet in height, or eight feet in width, in any of the following locations on any residential lot under such person's control: (1) within ten feet of the side or rear property lines, unless within a developed property's sole driveway or unless the Board of Adjustment grants a special exception from this restriction pursuant to Section 90-58; within eight feet of the back of the curb, or if there is no curb, within eight feet of the edge of the pavement; blocking any public sidewalk; in any front or side yard, on anything other than an improved all-weather hard impervious surface approved for use by applicable provisions of the City Code; or

(2)

(3) (4)

(5)

in a side yard or rear yard unless it is fully enclosed by a screening fence at least six feet in height;

(d) Weight restrictions. In any area within the city which is zoned R-1L, R-1, R-2, or in any commercial or industrial zoned area being used for single family residential purposes, no person shall park, or to allow to be parked in any driveway under such person's control, any bus, truck, boat, recreational vehicle, other motor vehicle, or trailer which exceeds 10,500 pounds gross vehicle weight, or which is over twenty-five feet in length, or eight feet in height, or eight feet in width. (e) Temporary habitation. In any area within the city which is zoned R-1L, R-1, or R-2, except as otherwise permitted herein, it shall be unlawful for any person to use, or to allow to be used on any property under such person's control, as a residence or place of habitation any tent, camper, bus, boat, recreational vehicle, truck, trailer or other vehicle, except as expressly permitted otherwise in this section. The Chief Building Official or the Chief Building Official's designee may issue a permit permitting guests of a resident of the City who are traveling in a recreational vehicle, camper, or trailer, to stay in such vehicle on the resident host's property for a maximum period not to exceed 14 days upon presentation of an application for a "temporary RV use" permit," and payment of the applicable fee, provided that the recreational vehicle, camper, or trailer is parked on the host's property in a location which complies with this section. (f) Drive width. A driveway for access to any single parking space or to a parking lot shall not be less than 15 feet, nor more than 30 feet in width at the property line along the street, and shall be located so as to minimize traffic hazards and congestion. Section 90-304. Deleted in its entirety. Parking, storage or use of recreational equipment and vehicles.

[Proposed ordinance contains the following grandfather clause:] Notwithstanding anything in this ordinance to the contrary, the owner of any automobile, bus, truck, recreational vehicle, motorcycle, boat, camper, or other motor vehicle or trailer that is parked or stored in violation of subsection (b) 2. A. of Section 34-291 as amended herein on the date of adoption of this ordinance amendment shall have until January 1, 2012 to register such vehicle and its current location with the City. If any such automobile, bus, truck, recreational vehicle, motorcycle, boat, camper, or other motor vehicle or trailer is so registered by such date, the owner of such vehicle, trailer or recreational equipment shall continue to be subject to the provisions of Section 34-291 as such section provided prior to adoption of this ordinance as to the vehicle, trailer or recreational equipment so registered, and the owner of such automobile, bus, truck, recreational vehicle, motorcycle, boat, camper, or other motor vehicle or trailer shall not be required to comply with the terms of Section 34-291 of the City Code, as amended herein, as to such automobile, bus, truck, recreational vehicle, motorcycle, boat, camper, or other motor vehicle or trailer so registered. However, nothing in this section shall exempt any person from the requirement to comply with the terms of Section 34-291 of the City Code, as amended herein, as to any automobile, bus, truck,

recreational vehicle, motorcycle, boat, camper, or other motor vehicle or trailer acquired or registered after January 1, 2012, and nothing in this section shall exempt any person from the requirement to comply with the terms of the remainder of the ordinances of the City, as to any automobile, bus, truck, recreational vehicle, motorcycle, boat, camper, or other motor vehicle or trailer, regardless of when acquired or registered.

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