A.

Concealed from public view. Persons who own or occupy real property in an area zoned for a residential use (e.g., single-family dwelling districts) and who acquire a special use vehicle on or after January 1, 2016, must park or otherwise store the special use vehicle such that it is concealed from public view. For the purpose of this section, the word "owns" means having a property interest in or title to the special use vehicle. Any person who builds or constructs a new fence or other structure designed to conceal one or more special use vehicles, or remodels or modifies an existing fence or other structure designed to conceal one or more special use vehicles, must do so in a manner such that the new, remodeled, or modified fence or other structure complies with all applicable city ordinances, as may be amended, and is architecturally and aesthetically consistent with the residential dwelling then existing on the real property.

1.

Temporary exceptions. The following are temporary exceptions to the public concealment regulations contained in subsection A above:

a.

While loading or unloading passengers or cargo, making ready for use or conducting routine maintenance, for temporary periods not exceeding 48 consecutive hours; and

b.

During periods when the construction of buildings or structures is lawfully occurring on the same lot if the otherwise nonconforming special use vehicle is being used in conjunction with the construction; and

c.

During periods authorized by a special permit issued by the city manager extending the times identified in subsection 1.a. above for up to 14 additional days. No special permit shall be issued by the city manager except upon application of the owner or occupant of the lot showing that such extension is necessary to avoid undue hardship. Any denial of a special permit may be appealed directly to the city zoning board of adjustment; and

d.

The special use vehicle is parked or stored on a vehicle driveway or other paved surface area which is immediately adjacent to an expansion of the driveway; and

e.

The special use vehicle is not parked or stored closer than five feet from the paved edge of any street.

B.

Nonconforming exceptions; conditions.

1.

Persons who own or occupy real property in an area zoned for a residential use (e.g., the single-family dwelling districts) on or before October 12, 2015, and who own a special use vehicle before January 1, 2016, qualify as a "nonconforming exception" and are exempt from complying with the public concealment regulations contained in subsection A, subject to subsection B.2. below.

2.

Registration and compliance. As a condition of receiving and maintaining the nonconforming exception, all person(s) owning a special use vehicle must:

a.

Register all of their special use vehicles with the city on or before March 1, 2016; and

b.

Thereafter comply with all state and local regulations applicable to or otherwise implicated by this section, including, but not limited to, junked vehicles and nuisances.

c.

Any special use vehicle not registered on or before March 1, 2016, does not qualify as a nonconforming exception and must be concealed from public view according to subsection A.

d.

Special use vehicles to which the nonconforming exception applies shall not be used for a commercial purpose.

3.

Replacement of special use vehicles.

a.

A person who owns a recreational vehicle, as that term is defined in this section 3, and who qualifies for a nonconforming exception according to subsections B.1. and B.2. above, may replace their existing and registered recreational vehicle with another recreational vehicle that is the same or substantially similar to the existing and registered recreational vehicle it replaces so long as the person owns real property in an area zoned for a residential use in the city at the time of the replacement and registers the replacement recreational vehicle with the city within 60 days of the date the person purchased or leased the replacement recreational vehicle.

b.

A person who owns a trailer or house trailer, as those terms are defined in this section 3, and who qualifies for a nonconforming exception may replace their existing and registered trailer or house trailer on or before December 31, 2020, with another trailer or house trailer that is the same or substantially similar to the trailer or house trailer that it replaces so long as the person owns a single-family residence in the city at the time of the replacement and registers the replacement trailer or house trailer with the city within 60 days of the date the person purchased or leased the replacement trailer or house trailer. After December 31, 2020, all trailer and house trailer replacements must be concealed from public view according to subsection A above.

c.

A person who otherwise qualifies for a nonconforming exception but who acquires additional special use vehicles on or after January 1, 2016, must conceal the additional special use vehicle(s) from public view according to subsection A above.

4.

Parking. As a condition of the nonconforming exception provided by subsection B, all persons owning a special use vehicle must comply with the following parking regulations: (see also Schedule A—Master Parking Schedule).

a.

A person may park, store or otherwise leave a special use vehicle on a residential lot in the rear yard that is not closer than five feet to the rear lot line; and

b.

A person may park, store or otherwise leave a special use vehicle in any part of a side yard that does not project beyond the front roofline; and

c.

A person may not park, store or otherwise leave a special use vehicle in any part of a side yard that is adjacent to a side street and extends outward to the paved edge of the adjacent side street, provided however that this prohibition shall not apply to any portion of a side yard which is farther away from the adjacent side street than any lawfully existing accessory building located within the side yard; and

d.

A person may not park, store or otherwise leave a special use vehicle in a yard that is adjacent to a street; and

e.

A person may not park, store or otherwise leave a special use vehicle within any part of a front yard and extending outward to the paved edge of the adjacent front street; and

f.

For unimproved lots, a person may not park, store or otherwise leave a special use vehicle within the minimum areas required by this section for front yards, and side yards adjacent to side streets, and extending outward to the paved edge of the adjacent front or side street; and

g.

A person may not park, store or otherwise leave a special use vehicle on an unpaved surface.

h.

Temporary exceptions to parking: The following are temporary exceptions to the parking regulations contained in subsection B.4 above:

i.

While loading or unloading of passengers or cargo, making ready for use or conducting routine maintenance, for temporary periods not exceeding 48 consecutive hours; and

ii.

During periods when the construction of buildings or structures is lawfully occurring on the same lot if the otherwise nonconforming recreational vehicle or trailer is being used in conjunction with the construction; and

iii.

During periods authorized by a special permit issued by the city manager extending the times identified in subsection h.i. above for up to 14 additional days. No special permit shall be issued by the city manager except upon application of the owner or occupant of the lot showing that such extension is necessary to avoid undue hardship. Any denial of a special permit may be appealed directly to the city zoning board of adjustment; and

iv.

The special use vehicle is not to be parked or stored except on a vehicle driveway or other paved surface area which is immediately adjacent to and an expansion of the driveway; and

v.

The special use vehicle is not parked or stored closer than five feet from the paved edge of any street.

C.

Termination of nonconforming exceptions. The nonconforming exception provided by subsection B terminates upon the occurrence of any one of the following:

1.

A person qualifying for a nonconforming exception under subsection B sells their real property and the single-family dwelling located thereon; or

2.

A person qualifying for a nonconforming exception under subsection B violates any portion of subsection B.2 or subsection B.3; or

3.

A person qualifying for a nonconforming exception under subsection B violates any state or local regulations applicable to or otherwise implicated by this section 5-A, including, but not limited, to junked vehicles and nuisances.

D.

Use as dwelling limited. It shall be unlawful to use a special use vehicle, which otherwise complies with the provisions of this ordinance, for dwelling purposes for more than 14 days total in any continuous six-month period.

E.

Connection to utilities. It shall be unlawful to connect a special use vehicle to any sewer, water, gas, electric, television cable, or other utility line, except when it is actually being used, being readied for use, or is being maintained.

F.

Penalty. Any person who violates or causes, allows, or permits another to violate any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00 unless such violation is governed by fire safety, zoning, or public health and sanitation including dumping of refuse in which case the fine amount shall not be more than $2,000.00. Each occurrence of any such violation of this ordinance shall constitute a separate offense. Each day on which any such violation of this ordinance occurs shall constitute a separate offense.

G.

Appeal to zoning board of adjustment. Any person aggrieved by a decision made by an administrative official in the enforcement of this ordinance may appeal to the zoning board of adjustment for the granting of a special exception to authorize the extension or continuation of a nonconforming use pursuant to V.T.C.A., Local Government Code § 211.010. Upon hearing an appeal hereunder as provided by V.T.C.A., Local Government Code § 211.009, the zoning board of adjustment shall determine whether this ordinance should be enforced against the applicant and to what extent, if any.

(Ord. No. 14-2013, § 2, 3-11-13; Ord. No. 06-2015, § 3, 5-11-15; Ord. No. 35-2015, § 3, 10-12-15; Ord. No. 21-2017, § 2(Exh. A), 12-18-17)