(a)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Carport means a shelter and screening for a recreation a recreational vehicle.

Commercial vehicle means any motorized vehicle that requires a registration plate with the secretary of state motor vehicle division that either:

(1)

Bears signage advertising a business, service or product;

(2)

Has, in public view or outside of the confines of the vehicle, tools, equipment, supplies or any materials used in a commercial enterprise;

(3)

Exceeds the size of a standard, full-size pickup truck or van;

(4)

Is registered with the secretary of state motor vehicle division as a limousine; or

(5)

Construction and/or service equipment.

Habitable truck cap means a structure made to be carried upon or fit within the bed of a vehicle, designed to provide shelter or human habitation, such as a camper box.

Motor home means any motor vehicle designed for human habitation, with its own motive power, and with a passageway from the body of the home to the driver's and front passenger's seat. By way of illustration only, such shall include such vehicles as motor homes, buses or converted buses.

Nonhabitable truck cap means a structure made to be carried upon a or fit within the bed of a vehicle, designed to provide shelter for property, provide protective cover for a pick-up truck bed or shelter or transportation kennels for animals.

Outdoor storage does not include parking or storage of a regulated vehicle if done so within a carport as defined in this section.

Personal recreational vehicle means any recreational vehicle that is primary designed to hold, carry or transport not more than one or two persons. By way of illustration and not be limited to, all terrain vehicles (ATV), canoes, jet skis, snowmobiles and wave runners.

Regulated vehicle means any boat, personal recreational vehicle, motor home, trailer, habitable or nonhabitable truck cap or commercial vehicle, the parking or storage of such that is regulated pursuant to this chapter.

Replacement vehicle means a vehicle of the same type, style, dimensions and overall visibility from abutting properties as the original vehicle that was listed in the application for a special storage permit pursuant to section 52-1045(b)(5) and for which a permit was issued.

Residential lot classification means residential lots wherein the total square footage of any one parcel bearing one tax identification number shall be classified as follows:

(1)

Class 1 lot: no greater than 8,400 square feet.

(2)

Class 2 lot: greater than 8,400 square feet but less than 14,000 square feet.

(3)

Class 3 lot: 14,000 square feet or larger.

Trailer means a vehicle without motive power, designed for carrying persons or property on its own structure and to be drawn by a vehicle with motive power. By way of illustration only, such shall include trailer coaches, travel trailers, cargo trailers, utility trailers, flatbed trailers and empty boat trailers.

(b)

Undefined terms means that any term not specifically defined herein shall be defined as by common usage.

(Ord. No. 2007-06, § 1(6A.02), 7-24-2007)

Regulation of the parking and storage of boats, campers, commercial vehicles, personal recreational vehicles, recreational, recreational vehicle, trailers and truck caps in a manner that allows individuals to utilize their property while at the same time protecting the interests of abutting property owners.

(Ord. No. 2007-06, § 1(6A.01), 7-24-2007)

For purposes of this section, the following system of measurement shall be used:

(1)

Boats. The official length of the boat as listed on the registration or title. If the boat does not have either a registration or title, it shall be the actual length of the boat, as measured from the most forward point of the boat, including any platform, to the most rear point, including any platform and/or motor assembly. If the boat is on a trailer, the trailer length shall not be included unless the trailer is not an appropriate size for the boat, in which case the length of the trailer shall be included. The height shall be measured from the surface of the parking or storage area to the highest point of the boat or any structure attached to the boat.

(2)

Motor homes. The official length of the vehicle listed on the registration or title. If the vehicle does not have either a registration or title, it shall be the actual length of the vehicle, as measured from the most forward point of the vehicle, including any platform, to the most rear point, including any platform.

(3)

Trailer. The official length of the vehicle listed on the registration or title. If the vehicle does not have either a registration or title, it shall be the actual length of the vehicle, as measured from the most forward point of the vehicle to the most rear point.

(Ord. No. 2007-06, § 1(6A.03), 7-24-2007)

A personal recreational vehicle that is parked or stored on a trailer shall be considered a part of the trailer upon which it is parked or stored and the regulations concerning trailers will be applicable. A personal recreational vehicle that is not parked or stored on a trailer is subject to the specific regulations contained within this chapter.

(Ord. No. 2007-06, § 1(6A.04), 7-24-2007)

(a)

The primary purpose of a carport under this article is to provide screening for a recreational vehicle that cannot be parked in the rear yard and is parked in the side yard next to an existing garage or house.

(b)

A carport used for the purpose of this article shall:

(1)

Be enclosed on the side facing the side yard lot line;

(2)

Be constructed of the same or complementary materials as the residential dwelling;

(3)

Have the same roofing materials as the residential dwelling;

(4)

Have a concrete floor;

(5)

Not be constructed or placed in front of a garage;

(6)

Not be constructed so that a driveway continues through and out of the back of the structure; and

(7)

Be considered as part of lot coverage.

(c)

A regulated vehicle stored or parked within a carport constructed pursuant to this section shall not be considered outdoor storage or parking for the placement of the vehicle, but shall be considered outdoor storage or parking for the number of regulated vehicles that can be stored or parked on the property.

(Ord. No. 2007-06, § 1(6A.05), 7-24-2007)

(a)

Regulations. There shall be no outdoor storage or parking of any regulated vehicle on any residential street or within any residentially zoned district, except as provided in this section.

(b)

Recreational vehicles. Only one of either a boat, motor home, trailer or habitable truck-cap or two nontrailered personal recreational vehicles may be stored or parked outdoors, subject to the following conditions:

(1)

Size. The allowable size that may be parked or stored on a class 1 residential lot shall be:

a.

Boats and trailers shall not exceed 21 feet in length and ten feet in height, unless an exception listed in subsection (b)(3) of this section applies.

b.

Motor homes and truck caps, habitable and nonhabitable, shall not exceed 21 feet in length and 15 feet in height, unless an exception listed in subsection (b)(3) of this section applies.

c.

There is no size limit on personal recreational vehicles.

(2)

Location. The vehicle shall be parked or stored as follows:

a.

In the rear yard (to the rear of the residential dwelling), unless an exception listed in subsection (b)(3) of this section applies;

b.

Not within six feet of the residential dwelling on the property;

c.

Not within eight feet of an abutting, neighboring residential dwelling; and

d.

Not within six feet of any lot line, unless an exception listed in subsection (b)(3) of this section applies.

(3)

Exceptions.

a.

The distance from the lot line shall be decreased to within one foot if there is a standard nonwood, solid type, four-foot to six-foot high privacy fence along the lot line and no part of the vehicle is visible above the fence height.

b.

Parking or storage in the side yard shall be allowed if:

1.

The property frontage is greater than 60 feet;

2.

The front and the side of the side yard are screened by a standard nonwood, solid type, six foot high privacy fence;

3.

If the vehicle is visible above the privacy fencing, landscape plantings, of not less than eight-foot in height (a minimum of six-foot at time of planting), screen the vehicle from the side and front yard views;

4.

The vehicle is parked so that its smallest dimension is directed to the front yard; and

5.

The vehicle is parked no closer than ten feet from side yard lot line.

(4)

Surface.

a.

Unless another provision is this article requires a different parking surface for a special storage location, the parking or storage surface shall be either:

1.

Hard surfaced, such a concrete or pavers;

2.

Gravel or decorative stone, in which case a minimum depth of three inches shall be maintained; or

3.

Mulch, in which case a minimum depth of three inches shall be maintained and new material shall be added as necessary to replace the material that has deteriorated or washed away.

b.

The surface so provided shall be maintained as necessary and shall be kept free of all weeds, grass, litter, junk and debris.

c.

No parking or storage shall be allowed on any grass or dirt.

(5)

Class 2 and 3 residential lots.

a.

A person desiring to park or store a larger size vehicle, in terms of length only, on a class 2 and 3 residential lot may file a petition for a special storage permit. The petition shall contain a description of the vehicle and a diagram, with dimensions, of the proposed parking or storage area, including any existing or proposed screening materials;

b.

The maximum size increase in length allowable by the special storage permit shall be:

1.

Class 2 lot: 47 percent of the standard allowable size;

2.

Class 3 lot: 72 percent of the standard allowable size;

c.

The footage in subsection (b) shall be rounded up to the nearest even footage to eliminate fraction parts of one foot (i.e., 9.7 feet) shall be rounded up to ten feet;

d.

The special storage permit shall be processed in the same manner as a variance, with the same application fee, and shall be heard before the zoning board of appeals;

e.

The excess size requested beyond the standard allowable size shall be considered as part of the lot coverage for the property and the zoning board of appeals shall treat the application as such. For purposes of this determination, lot coverage shall include the dwelling, all accessory structures, swimming pools and hard surfaced areas, including, but not limited to, driveways, porches and patios;

f.

The permit shall specify the vehicle, the manner in which the vehicle shall be parked or stored, including the location on the lot and type and placement of screening;

g.

The permit shall only be good for the vehicle described in the petition or a replacement vehicle;

h.

The initial permit shall only be good for five years, commencing on the date of issuance by the zoning board of appeals;

i.

One renewal permit may be obtained from the building department by the property owner upon submitting, to the building department, a notarized application indicating that the vehicle is still being stored or parked in compliance with all of the terms and conditions contained in the original permit; and

j.

The original or renewal permit may be revoked by the zoning board of appeals for noncompliance with the terms of the permit. A petition for revocation shall be filed by the building official or ordinance warden or sua sponte, by the board itself, with a copy served by certified mail or personal delivery, to the permit holder. The permit holder shall be entitled to a hearing before the zoning board of appeals to show cause as to why the permit should not be revoked.

(6)

Falsifying information on application. Any person who shall falsify any information on the renewal application shall be guilty of a Class B misdemeanor.

(7)

Loading or unloading time limits.

a.

Any boat, trailer and motor home may be parked on any residential street or within a residentially zoned district for up to two nonconsecutive 24-hour periods of each calendar week for the sole purpose of loading or unloading.

b.

The vehicle shall be parked in a manner so as not to obstruct vision or impede vehicular or pedestrian traffic. Additionally, it shall not be parked any closer than eight feet to an abutting dwelling and, if parked in the street, it shall be parked directly in front of or on the side of the owner's property.

c.

The vehicle shall not be allowed to be parked on any city property, right-of-way or alley, other than a public street.

d.

While it is so parked, it shall only be allowed to be connected to electrical service and potable freshwater supply. These connections must be guarded against trip and fall hazards and shall not impede vehicular or pedestrian traffic if they cross public property or sidewalks. The potable water connection shall be allowed only for such time as necessary to fill the vehicle's potable water container. Additionally, any water connection shall be protected at the water source by an approved back flow prevention device.

e.

The emptying, flushing or discharge of gray water or sanitary holding tanks of the vehicle while so parked is prohibited.

(8)

Use as shelter or storage. No vehicle parked or stored pursuant to this article shall be used as a temporary or permanent shelter or dwelling or as a storage facility.

(9)

Temporary parking permit.

a.

The building department may issue a temporary permit or series of permits for up to a total of 20 days each calendar year per residence to allow a boat, recreational vehicle, trailer or truck cap that may not qualify to be parked at the site or parked in a manner inconsistent with the normal storage and/or parking requirements, to be parked on the property to allow repair work or season work to be performed on the item. Such permit shall not be issued for more than 12 consecutive days and shall be conspicuously displayed on the property and be visible from the street. There shall be no carryover of unused days from prior years nor two consecutive permits that, when combined, would total a period of more than 12 days.

b.

While parked at the site the vehicle shall be parked in conformity with subsection (b)(6) of this section and shall not be parked on the street for more than three consecutive days. This section shall not be an exception to the trash day parking prohibition of city ordinances.

c.

Commercial vehicles.

1.

Only one commercial pickup or van style vehicle, with a load-bearing capacity of three-quarter-ton or less may be parked or stored within a residentially zoned district.

2.

The vehicle shall not have any exposed commercial equipment other than:

(i)

One ladder;

(ii)

Two pipe holders or containers;

(iii)

One attached snow plow; and/or

(iv)

One pickup bed-mounted salt spreader.

3.

No other commercial vehicles, including, but not limited to, limousines, dump trucks stake truck, backhoes, tractors, shall be parked or stored in residential zones.

4.

Except as provided in subsections (b)(1) through (3) of this section, no parking of any commercial vehicle shall be allowed on any residential street or within any residentially zoned district for more than two hours in any 24-hour period, except for any commercial vehicle performing a service call within the residential district at that location.

(Ord. No. 2007-06, § 1(6A.06), 7-24-2007)

There shall be no outdoor storage or parking of any regulated vehicle on any street or property within any R-2, RM or RMA multifamily residential districts.

(Ord. No. 2007-06, § 1(6A.07), 7-24-2007)

(a)

Prohibited parking. There shall be no outdoor storage or parking of any regulated vehicle, except as provided herein, on any:

(1)

Street or alley within any C-1 neighborhood business district; or

(2)

Lot or property within any C-1 neighborhood business district.

(b)

Commercial vehicles. Only one commercial vehicle may be parked or stored from one hour prior to commencement of business hours to one hour after the business hours of the business located on the property. Parking or storage shall not be in the public alley and shall be on a hard surface.

(c)

Repair or maintenance. There shall be no outdoor repair or maintenance of any commercial vehicle parked or stored.

(Ord. No. 2007-06, § 1(6A.08), 7-24-2007)

(a)

Prohibited parking. There shall be no outdoor storage or parking of any regulated vehicle, except as provided herein, on any:

(1)

Street or alley within any C-2 general business districts; or

(2)

Lot or property within any C-2 general business districts.

(b)

Commercial vehicles. Only one commercial vehicle may be parked or stored from one hour prior to commencement of business hours to one hour after the business hours of the business located on the property. Parking or storage shall not be in the public alley and shall be on a hard surface.

(c)

Repair or maintenance. There shall be no outdoor repair or maintenance of any commercial vehicle parked or stored.

(Ord. No. 2007-06, § 1(6A.09), 7-24-2007)

(a)

Prohibited parking. There shall be no outdoor storage or parking of any regulated vehicle, except as provided herein, on any:

(1)

Street or alley within any C-3 commercial district; or

(2)

Lot or property within any C-3 commercial district.

(b)

Commercial vehicles. Only one commercial vehicle may be parked or stored from one hour prior to commencement of business hours to one hour after the business hours of the business located on the property. Parking or storage shall not be in the public alley and shall be on a hard surface.

(c)

Repair or maintenance. There shall be no outdoor repair or maintenance of any commercial vehicle parked or stored.

(Ord. No. 2007-06, § 1(6A.10), 7-24-2007)

(a)

Prohibited parking. There shall be no outdoor storage or parking of any regulated vehicle on any street or alley within any C-4 general business district.

(b)

Regulated parking. There shall be no outdoor storage or parking of any regulated vehicle on any lot or property within any C-4 general business district except as provided herein.

(c)

Recreational vehicles. A maximum of two boats, motor homes, trailers or habitable truck-caps or four nontrailered personal recreational vehicles may be stored or parked out doors, subject to the following conditions:

(1)

Size. The allowable size that may be parked or stored shall be:

a.

Boats and trailers shall not exceed 31 feet in length and ten feet in height.

b.

Motor homes and truck caps, habitable and nonhabitable, shall not exceed 31 feet in length and 15 feet in height.

c.

There is no size limit on personal recreational vehicles.

(2)

Special storage permit.

a.

A special storage permit shall be required to park or store the recreational vehicle. The petition shall contain a description of the vehicle and a diagram of the proposed parking or storage area, including any existing or proposed screening materials;

b.

The special storage permit shall be processed in the same manner as a variance, with the same application fee, and shall be heard before the zoning board of appeals;

c.

The permit shall specify the manner in which the vehicle shall be parked or stored, including the location on the lot and type and placement of screening;

d.

The permit shall only be good only for the vehicle described in the petition;

e.

The permit shall only be good for five years, commencing on the date of issuance by the zoning board of appeals; and

f.

The permit may be revoked by the zoning board of appeals for noncompliance with the terms of the permit. A petition for revocation shall be filed by the building official or ordinance warden or sua sponte, by the board itself, with a copy served by certified mail or personal delivery, to the permit holder. The permit holder shall be entitled to a hearing before the zoning board of appeals to show cause as to why the permit should not be revoked.

(3)

Surface. Unless another provision is this article requires a different parking surface for a special storage location, the parking or storage surface shall be either hard surfaced, such a concrete or pavers, or a three inch gravel pad. The surface shall be maintained as necessary and shall be kept free of all weeds, grass, litter, junk and debris. No parking or storage shall be allowed on any grass or dirt.

(4)

Utility connections. No recreational vehicle parked or stored shall be connected to electrical service, sewer line or potable (fresh) water supply and the emptying, flushing or discharge of gray water or sanitary holding tanks of the vehicle while so parked or stored is prohibited.

(5)

Use as shelter or storage. No vehicle parked or stored pursuant to this Article shall be used as a temporary or permanent shelter or dwelling or as a storage facility.

(d)

Commercial vehicles. Only one commercial vehicle may be parked or stored from one hour prior to commencement of business hours to one hour after the business hours of the business located on the property. Parking or storage shall not be in the public alley and shall be on a hard surface.

(e)

Repair or maintenance. There shall be no outdoor repair or maintenance of any vehicle parked or stored.

(Ord. No. 2007-06, § 1(6A.11), 7-24-2007)

(a)

Prohibited parking. There shall be no outdoor storage or parking of any regulated vehicle, except as provided herein, on any:

(1)

Street or alley within any C-5 central business district; or

(2)

Lot or property within any C-5 central business district.

(b)

Commercial vehicles. Only one commercial vehicle may be parked or stored from one hour prior to commencement of business hours to one hour after the business hours of the business located on the property. Parking or storage shall not be in the public alley and shall be on a hard surface.

(c)

Repair or maintenance. There shall be no outdoor repair or maintenance of any commercial vehicle parked or stored.

(Ord. No. 2007-06, § 1(6A.12), 7-24-2007)

(a)

Prohibited parking. There shall be no outdoor storage or parking of any regulated vehicle, except as provided herein, on any:

(1)

Street or alley within any C-6 regional shopping district; or

(2)

Lot or property within any C-6 regional shopping district.

(b)

Commercial vehicles. Only one commercial vehicle may be parked or stored from one hour prior to commencement of business hours to one hour after the business hours of the business located on the property. Parking or storage shall not be in the public alley and shall be on a hard surface.

(c)

Repair or maintenance. There shall be no outdoor repair or maintenance of any commercial vehicle parked or stored.

(Ord. No. 2007-06, § 1(6A.13), 7-24-2007)

(a)

Prohibited parking. There shall be no outdoor storage or parking of any regulated vehicle, except as provided herein, on any:

(1)

Street or alley within any C-6 regional shopping district; or

(2)

Lot or property within any C-6 regional shopping district.

(b)

Commercial vehicles. Only one commercial vehicle may be parked or stored from one hour prior to commencement of business hours to one hour after the business hours of the business located on the property. Parking or storage shall not be in the public alley and shall be on a hard surface.

(c)

Repair or maintenance. There shall be no outdoor repair or maintenance of any commercial vehicle parked or stored.

(Ord. No. 2007-06, § 1(6A.14), 7-24-2007)

(a)

Prohibited parking. There shall be no outdoor storage or parking of any regulated vehicle on any street or alley within any RD research and development district.

(b)

Regulated parking. There shall be no outdoor storage or parking of any regulated vehicle on any lot or property within any RD research and development district zoned district, except as provided in section 52-508.

(c)

Outdoor repair or maintenance. There shall be no outdoor repair or maintenance of any vehicle parked or stored.

(Ord. No. 2007-06, § 1(6A.15), 7-24-2007)

(a)

Prohibited parking. There shall be no outdoor storage or parking of any regulated vehicle on any street or alley within any SD service district.

(b)

Regulated parking. There shall be no outdoor storage or parking of any regulated vehicle on any lot or property within any SD service district, except as provided herein.

(c)

Recreational vehicles and commercial vehicles.

(1)

Special storage permit.

a.

A special storage permit shall be required to park or store a recreational or commercial vehicle. The petition shall contain a description of the vehicle or proposed storage yard and a diagram of the proposed parking or storage area, including any existing or proposed screening materials;

b.

The special storage permit shall be processed in the same manner as a variance, with the same application fee, and shall be heard before the zoning board of appeals;

c.

The permit shall specify the manner in which the vehicle or vehicles shall be parked or stored, including the location on the lot and type and placement of screening;

d.

The permit may be revoked by the zoning board of appeals for noncompliance with the terms of the permit. A petition for revocation shall be filed by the building official or ordinance warden or sua sponte, by the board itself, with a copy served by certified mail or personal delivery, to the permit holder. The permit holder shall be entitled to a hearing before the zoning board of appeals to show cause as to why the permit should not be revoked; and

e.

If the permit is for a specific vehicle and not a storage yard, then the following additional requirements shall apply:

1.

The permit shall only be good only for the vehicle described in the petition; and

2.

The permit shall only be good for five years, commencing on the date of issuance by the zoning board of appeals.

(2)

Parking or storage surface. Unless the special parking permit requires a different parking surface for the storage location, the parking or storage surface shall be a gravel pad of not less than a three inches. The surface shall be maintained as necessary and shall be kept free of all weeds, grass, litter, junk and debris. No parking or storage shall be allowed on any grass or dirt.

(3)

Utility connections. No recreational vehicle parked or stored shall be connected to electrical service, sewer line or potable (fresh) water supply and the emptying, flushing or discharge of gray water or sanitary holding tanks of the vehicle while so parked or stored is prohibited.

(4)

Use as shelter or storage. No vehicle parked or stored pursuant to this section shall be used as a temporary or permanent shelter or dwelling or as a storage facility.

(d)

Repair or maintenance. There shall be no outdoor repair or maintenance of any vehicle parked or stored.

(Ord. No. 2007-06, § 1(6A.16), 7-24-2007)

(a)

Prohibited parking. There shall be no outdoor storage or parking of any regulated vehicle on any street or alley within any GI general industrial district.

(b)

Regulated parking. There shall be no outdoor storage or parking of any regulated vehicle on any lot or property within any GI general industrial district zoned district, except as provided herein.

(c)

Recreational vehicles and commercial vehicles.

(1)

Special storage permit.

a.

A special storage permit shall be required to park or store a recreational or commercial vehicle. The petition shall contain a description of the vehicle or proposed storage yard and a diagram of the proposed parking or storage area, including any existing or proposed screening materials;

b.

The special storage permit shall be processed in the same manner as a variance, with the same application fee, and shall be heard before the zoning board of appeals;

c.

The permit shall specify the manner in which the vehicle or vehicles shall be parked or stored, including the location on the lot and type and placement of screening;

d.

The permit may be revoked by the zoning board of appeals for noncompliance with the terms of the permit. A petition for revocation shall be filed by the building official or ordinance warden or sua sponte, by the board itself, with a copy served by certified mail or personal delivery, to the permit holder. The permit holder shall be entitled to a hearing before the zoning board of appeals to show cause as to why the permit should not be revoked; and

e.

If the permit is for a specific vehicle and not a storage yard, then the following additional requirements shall apply:

1.

The permit shall only be good only for the vehicle described in the petition; and

2.

The permit shall only be good for five years, commencing on the date of issuance by the zoning board of appeals.

(2)

Parking or storage surface. Unless the special parking permit requires a different parking surface for the storage location, the parking or storage surface shall be a gravel pad of not less than a three inches. The surface shall be maintained as necessary and shall be kept free of all weeds, grass, litter, junk and debris. No parking or storage shall be allowed on any grass or dirt.

(3)

Utility connections. No recreational vehicle parked or stored shall be connected to electrical service, sewer line or potable (fresh) water supply and the emptying, flushing or discharge of gray water or sanitary holding tanks of the vehicle while so parked or stored is prohibited.

(4)

Use as shelter or storage. No vehicle parked or stored pursuant to this section shall be used as a temporary or permanent shelter or dwelling or as a storage facility.

(d)

Repair or maintenance. There shall be no outdoor repair or maintenance of any vehicle parked or stored.

(Ord. No. 2007-06, § 1(6A.17), 7-24-2007)

(a)

Prohibited parking. There shall be no outdoor storage or parking of any regulated vehicle on any street or alley within any M-1 light, M-2 medium and M-3 heavy industrial districts.

(b)

Regulated parking. Outdoor storage or parking on any lot or property in the M-1 light, M-2 medium and M-3 heavy industrial districts shall be allowed only as a special approval use. Special approval use shall be processed pursuant to article VII of this chapter. The approval shall specify the type and quantity of the items to be parked or stored, the allowable duration, required screening, parking surface and such other items and conditions as appropriate and necessary for the facility and the protection of the surrounding properties.

(Ord. No. 2007-06, § 1(6A.18), 7-24-2007)

^a By special permit approval only

(Ord. No. 2007-06, § 1(6A.19), 7-24-2007)