Quakertown City Zoning Code
PART 4
GENERAL REGULATIONS
§ 401 Limit of One Principal Use.
[Ord. 983 3/4/1992, § 4.1; as amended by Ord. 1198, 2/6/2013]
No more than one principal use shall be permitted on a lot, except in the Pedestrian-Oriented, Mixed-Use Overlay District (POMU), or unless specifically permitted by this Part.
§ 402 Principal Building.
[Ord. 983, 3/4/1992, § 4.2; as amended by Ord. 992, 3/3/1993, § 7]
See definition of "principal building."
1.
Street Frontage Required. Every principal building shall be built upon a lot with frontage upon a public or private street improved to meet Borough standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to the Subdivision and Land Development Ordinance [Chapter 22].
2.
Two or More on a Lot. Two or more principal buildings on a lot shall:
§ 403 Maximum Height of Buildings.
[Ord. 983, 3/4/1992, § 4.3; as amended by Ord. 1198, 2/6/2013]
No building shall exceed the maximum building height standard specified in the relevant district regulations of this chapter except, unless otherwise indicated in this chapter, that such standard shall not apply to farm structures, silos, water towers, place of worship spires, belfries, solar energy collectors (and equipment used for the mounting or operation of such collectors), windmills, chimneys, cupolas or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Although exempted from structural height limitations, these structures shall not diminish the solar access of other properties.
§ 404 Special Lot and Yard Requirements.
[Ord. 983, 3/4/1992; § 4.4]
1.
In General.
A.
The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter.
B.
No required lot area or yard shall include any property (the ownership of which has been transferred subsequent to the effective date of this chapter), if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
2.
Exceptions to Minimum Lot Areas, Lot Widths and Yards.
A.
Nonconforming Lots, See § 406.
B.
Irregularly Shaped Lots. In the case of irregularly shaped lots, the minimum lot width specified in the district shall be measured at the rear lot line of the minimum required front yard; provided, that in no case shall the lot frontage measured at the street right-of-way line be less than 70% of the minimum lot width except in the following situations: on culs-de-sac or courts or street center line curves of less than 300 feet radius where the lot frontage measured at the street right-of-way line shall not be less than 40% of the minimum lot width.
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C.
Through Lots. Front yards shall be provided along all portions of a through lot abutting any street, except where a provision of a different yard will comply with the prevailing front yard pattern on adjoining lots.
D.
Corner Lots. Front yards shall be provided along all portions of a corner lot abutting any street, except where the provision of a different yard will comply with the prevailing yard pattern on adjoining lots (but shall not be less than 10 feet).
E.
Front and Rear Yards. The front and rear yards of a lot between two lots (each having a principal building within 20 feet of the lot) may be reduced to a depth equal to that of the greater of the two adjoining lots, except that neither the front nor rear yard shall be less than 10 feet.
F.
Projections into Yards. The following projections into required yard areas shall be permitted provided that no projection [except for patios and for garages per Subsection 2F(2) and (3) below in this section] in a Low Density Residential District, Medium Density Residential District or High Density Residential District shall be less than 10 feet from any side or rear lot line or 15 feet from the front lot line:
(1)
Bay windows, fireplaces, fire escapes, chimneys, uncovered stairs and landings, and balconies and cornices, canopies, marquees, eaves or other architectural features not required for structural support may project into the required side, front or rear yard not more than three feet.
(2)
Patios may be located in the required side and rear yards not closer than three feet to any adjacent property line, and may project into front yards not closer than 10 feet to the street right-of-way line.
(3)
A garage or carport may be located within a side and/or rear yard to conform with the "typical setbacks" of garages on the lots within the block of the proposed garage. The "typical setback" is to be determined by the Zoning Officer.
3.
Traffic Visibility Across Corners.
A.
Sight lines at Intersections of Streets.
(1)
A triangular area, as defined in § 404, Subsection 3A(3), shall be graded and shall be free of sight obstructions so that vision between a height of from three to 10 feet above the center line grades of the intersecting streets is not obscured.
(2)
By means of deed restriction, lease restriction or plan amendment (whichever method is applicable), vegetation shall not be planted or allowed to grow in such a manner as to obscure vision between a height of from three to 10 feet above the center line grades of the intersecting streets within the triangular area defined in § 404, Subsection 3A(3).
(3)
Such triangular area shall be bounded by the intersecting street center lines and a diagonal connecting two points, one which is at each end of the center line of each street:
(a)
One hundred and fifty feet from the intersection of such street center lines, if either street is an arterial street;
(b)
One hundred feet from the intersection of such street center line if either street is a collector street; and,
(c)
Seventy-five feet from the intersection of such street center lines, if both streets are local streets.
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B.
Sight Lines at Intersections of Driveways or Accessways with Streets:
(1)
A triangular area as defined in § 404, Subsection 3B(3), shall be graded and shall be free of sight obstructions so that vision between a height of from three to 10 feet above the center line grades of the intersecting driveway, accessway or street is not obscured.
(2)
By means of deed restriction, lease restriction or plan amendment (whichever method is applicable), vegetation shall not be planted or allowed to grow in such a manner so as to obscure vision between a height of from three to 10 feet above the center line grades of the intersecting driveway, accessway or streets within the triangular area defined in § 404, Subsection 3B(3).
(3)
Such triangular area shall be bounded by the intersecting driveway, accessway or street center lines and a diagonal connecting two points, one which is at each end of the center line of each driveway, accessway or street 30 feet from the intersection of such center line.
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4.
Buffer Yards. Any nonresidential use which borders any residential district (LR, MR and HR) shall provide buffer yards which comply with the following standards:
A.
Size, Location.
(1)
A twenty-foot buffer yard shall be required, unless otherwise indicated in this chapter.
(2)
The buffer yard shall be measured from the district boundary line or from the street right-of-way line (where a street serves as the district boundary line). Buffer yards shall not be within an existing or future street right-of-way and shall be in addition to that right-of-way.
(3)
The buffer yard may be coterminous with a required front, side or rear yard; provided, the larger yard requirement shall apply in case of conflict.
B.
Characteristics.
(1)
The buffer yard shall be a landscaped area free of structures, manufacturing or processing activity, materials or vehicular parking. No driveways or streets shall be permitted in the buffer yards except at points of ingress or egress.
(2)
In all buffer yards, all areas not within the planting screen shall be planted with grass seed, sod or ground cover, and shall be maintained and kept clean of all debris, rubbish, grass more than 12 inches in height or weeds.
C.
Planting Screen.
(1)
Each buffer yard shall include a planting screen of trees, shrubs and/or other plant materials extending the full length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise.
(2)
Each planting screen shall be in accordance with the following requirements:
(a)
Plant materials used in the planting screen shall be of such species and size as will produce, within two years, a complete year-round visual screen of at least eight feet in height.
(b)
The planting screen shall be permanently maintained by the landowner and any plant material which does not live shall be replaced within one year.
(c)
The planting screen shall be so placed that at maturity it will be at least three feet from any street or property line.
(3)
In circumstances where it is impractical for a planting screen to meet all the requirements of this section or would create an undue hardship, the Zoning Hearing Board may modify the requirements or approve acceptable alternatives which shall satisfy the spirit, objectives and intent of the screen requirements.
D.
Plans.
(1)
Prior to the issuance of any zoning permit, the applicant shall submit plans showing:
(2)
The location and arrangement of each buffer yard.
(3)
The placement, species and size of all plant materials.
(4)
The placement, size, materials and type of all fences to be placed in such buffer yard.
(5)
Such plans shall be reviewed by the Zoning Officer to ascertain that the plans are in conformance with the terms of this chapter.
§ 405 Frontage Development Along Arterial and Collector Streets.
[Ord. 983, 3/4/1992, § 4.5]
In order to encourage the sound development of frontage along arterial and collector streets (as defined on the Official Street Classification Map) and to minimize traffic congestion and hazard, the following special provisions shall apply:
A.
Off-Street Parking and Loading. All areas for off-street parking, off-street loading and unloading and the storage or movement of motor vehicles shall be physically separated from the highway or street by a raised curb, planting strip, wall or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways or access roads which supply entrance to and egress from such parking, loading or storage area. All parking areas or lots shall be designed to prohibit vehicles from backing out on the street, and the capacity of each lot shall provide adequate storage area and distribution facilities upon the lot to prevent backup of vehicles on a public street while awaiting entry to the lot.
B.
Access. Each use with less than 100 feet of frontage on an arterial or collector street shall have not more than one accessway to each such street, and no business or other use with 100 feet or more of frontage on an arterial or collector street shall have more than two accessways to any one street for each 300 feet of frontage. Where practicable, access to parking areas shall be provided by a common service driveway in order to avoid direct access to an arterial or collector street.
C.
Planned Developments. In the case of a planned development, shopping center, office complex, group of multiple-family dwellings or similar grouping of principal buildings on a lot, and in any other case where practicable:
(1)
Each principal building shall front upon a marginal access street, service road, common parking lot or similar area and not directly upon a public street.
(2)
Each point of vehicular access to and from a public street shall be located at least 200 feet from the intersection of any public street right-of-way lines; provided, that such point of vehicular access which converts a "T" intersection into an intersection of two streets which cross one another shall be permitted.
(3)
Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the unified development, without undue congestion to, or interference with normal traffic flow within the Borough.
(4)
All streets and accessways shall conform to the specifications determined by the Borough Engineer and the requirements of the Borough Subdivision and Land Development Ordinance [Chapter 22]. Provision shall be made for adequate signalization, turn, standby and deceleration lanes and similar facilities where deemed necessary by the Borough Engineer.
(5)
All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those related to a dwelling shall be adequately illuminated during night hours of use at no cost to the Borough.
D.
Reverse Frontage Encouraged. Direct vehicular access from individual lots abutting arterial or collector streets shall be strongly discouraged and reverse frontage shall be encouraged.
§ 406 Nonconformities.
[Ord. 983, 3/4/1992; § 4.6; as amended by Ord. 1053, 9/1/1999, § II]
1.
Continuation. Any nonconforming use, structure or lot may be continued, maintained, improved and repaired, provided it conforms to the remainder of this section.
2.
Alteration or Extension.
A.
Nonconforming Structure.
(1)
A nonconforming structure may be altered, reconstructed or enlarged provided that such alteration, reconstruction or enlargement does not increase the nonconformance or the nonconforming part of the structure.
C.
Nonconforming Use. A nonconforming use shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:
(1)
Such alteration, reconstruction, extension or enlargement shall be only upon the same lot as in existence on the date the use became nonconforming.
(2)
Such alteration, reconstruction, extension or enlargement shall not create a volume or floor area of the nonconforming use which is greater than 50% more than the volume or floor area of the nonconforming use as it existed on the date the use became nonconforming, provided all other requirements of this chapter are met.
3.
Restoration. A nonconforming building or any building containing a nonconforming use wholly or partially destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use; provided, that reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption. The restored building's dimensions shall not exceed the dimensions of the building before it was destroyed.
4.
Ownership. Whenever a nonconforming use, structure or lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner; provided that the new owner shall reregister the nonconforming use with the Zoning Officer within 60 days after final settlement.
5.
Abandonment.
[Amended by Ord. 1198, 2/6/2013]
A.
Commercial and Industrial Uses. If a nonconforming commercial or industrial use of a building or land is discontinued, razed, removed or abandoned for two consecutive years (730 consecutive days), subsequent use of such building or land shall conform with the regulations of the district in which it is located. For reasonable cause, Borough Council can grant a one-year extension to the time period up to a maximum time extension period of three years.
B.
Other Uses. If a nonconforming use other than a commercial or industrial use of a building or land is discontinued, razed, removed or abandoned for one year (365 consecutive days), subsequent use of such building or land shall conform with the regulations of the district in which it is located. For reasonable cause, Borough Council can grant a one-year extension to the time period up to a maximum time extension period of two years.
C.
Abandonment shall commence on the date when customary efforts to continue the use cease, including active marketing of the sale of the property for the same or similar use.
6.
Changes.
A.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
B.
A nonconforming use may be changed to another nonconforming use only if permitted as a special exception by the Zoning Hearing Board after the following conditions are met:
7.
District Changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another district, the foregoing provisions shall also apply to any nonconforming uses or structures existing in the district to which the area was transferred.
§ 407 Temporary Structure or Use.
[Ord. 983, 3/4/1992, § 4.7]
A temporary permit may be issued by the Zoning Officer for structures or uses necessary during construction or other special circumstances of a nonrecurring nature subject to the following additional previsions:
§ 408 Site Plan Review.
[Ord. 983, 3/4/1992, § 4.8; as amended by Ord. 1078, 8/7/2002, § 1; and by Ord. 1098, 3/3/2004, § 1]
1.
Scope.
B.
Any proposed development which constitutes a "land development" as defined in the Borough Subdivision and Land Development Ordinance [Chapter 22] shall follow that ordinance.
C.
An applicant which must undergo a site plan review for a proposed development shall pay a fee to the Borough in accordance with a fee schedule adopted by resolution of the Borough Council upon enactment of this chapter or as such schedule may be amended from time to time.
2.
Procedure.
A.
The applicant shall submit 15 complete sets of site plans. No time requirement shall begin until the Zoning Officer determines that the plans are complete.
B.
After determining that the site plans are complete, the Zoning Officer shall submit a copy to each member of the Planning Commission within seven days, and shall place the matter on the agenda of the next Planning Commission meeting. The Zoning Officer shall also prepare a written review of the site plans and shall point out any and all issues or recommendations that he feels are important.
C.
The Planning Commission shall meet within 45 days of the date that the complete site plans were submitted. The applicant shall be afforded the opportunity to be present, answer questions and provide further information.
D.
The Planning Commission or the Zoning Officer may choose to have the Borough Engineer review the site plans. If he does, the Borough Engineer shall provide a written report within 30 days to the Zoning Officer.
E.
Unless an extension is agreed upon by the applicant within 40 days of the first Planning Commission meeting, the Planning Commission is to issue a written recommendation on the site plans to the Zoning Officer. The recommendation is to include findings and reasons affecting the recommendation including, but not limited to, the findings of the Borough Engineer and the relevant sections of any Borough ordinances. Failure to render this written recommendation within 40 days shall be considered a recommendation to issue the zoning permit.
F.
The Zoning Officer shall then review the site plan and any and all written recommendations of the Planning Commission. His decision shall be in writing and shall be sent to the applicant at his last known address within five days of the recommendation of the Planning Commission. A decision of denial shall indicate the specific reasons including all sections of any Borough ordinances which have not been met.
3.
Site Plan Requirements. The following information shall be included on the site plan:
A.
A statement describing the proposed use.
B.
A site layout drawn to a scale of not less than one inch equals 40 feet showing the location, dimensions and area of each lot, the location, dimensions and height of proposed buildings, structures, streets and any existing buildings in relation to property and street lines. If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.
C.
The location, dimensions (numbers shown) and arrangements of all open spaces and yards, landscaping, fences and buffer yards, including methods and materials to be employed for screening.
D.
The location, size (numbers shown), arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading and provisions to be made for lighting such areas.
E.
The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
F.
Zoning districts and requirements.
G.
Certification by the person who prepared the site plan.
H.
Certification of ownership and acknowledgement of plan signed by owner or developer.
4.
Site Design Guidelines. The following guidelines are divided into eight categories to assist the applicant in the preparation of site and building plans and to assist the Planning Commission and the Zoning Officer in their reviews of all site plans. These guidelines are meant to encourage creativity, innovation and well-designed developments. They apply to principal buildings and structures and to all accessory buildings, structures, signs and other site features.
A.
Relation of Proposed Buildings to the Surrounding Environment. Relate proposed structure(s) harmoniously to the terrain and to existing buildings that have a visual relationship to the proposed structure(s). To achieve this favorable relationship between existing and proposed uses, create focal points with respect to avenues of approach, terrain features or other buildings and relate open space between all existing and proposed buildings.
B.
Drive, Parking and Circulation. For vehicular and pedestrian circulation (including walkways, interior drives and parking) give special attention to the location and number of access points to public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, arrangement of safe and convenient parking areas. Design these vehicular and pedestrian areas to enhance the appearance of and access to the proposed buildings and structures and to the neighboring properties.
C.
Surface Water Drainage. Give special attention to proper site surface drainage to ensure that removal of surface waters will not adversely affect either neighboring properties or the public storm drainage system. Remove and effectively carry away all stormwater from all roofs, canopies and paved areas. Collect surface water from all paved areas to permit vehicular and pedestrian movement. All stormwater plans and design must be in conformance with §§ 801 through 875 of Chapter 22 of this Code of Ordinances.
D.
Utility Service. Place electric and telephone lines underground, where possible. Locate, paint and undertake any other treatment to ensure that any utilities which remain above ground will have a minimal adverse impact on neighboring properties.
E.
Advertising Features. Ensure that the size, location, lighting and materials of all permanent signs and outdoor advertising structures or features will enhance rather than detract from the design of proposed buildings and structures and the neighboring properties.
F.
Special Features. Provide needed setbacks, screen plantings and other screening methods for exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures to help make them compatible with the existing or contemplated site design and with neighboring properties.
G.
Preservation of Landscape. Preserve the landscape in its natural state by minimizing tree and soil removal. Ensure that grade changes are compatible with the general appearance of neighboring developed areas.
H.
Solar Energy Use. Consider the desirability and feasibility of active and passive solar energy use. Orient proposed buildings and provide structures to provide for solar energy use and to preserve solar access of adjoining properties.
5.
Environmental Impact Assessment Report.
A.
An environmental impact assessment (EIA) report shall be submitted with any land development plan for any nonmunicipal solid waste-to-energy facility. The EIA report shall contain text, tables, maps and analyses which document at a minimum the items listed below. Before the EIA report is prepared, the applicant shall confer with the Borough Engineer on the content of the report and related mapping including but not limited to:
(1)
Existing site conditions, natural and man-made.
(2)
The proposed land development including, buildings and all other structures, fencing, buffering, paving and other site improvements.
(3)
The proposed ownership, operation and maintenance of the facility.
(4)
The adverse environmental effects of the proposal in terms of utilities, traffic dust, smoke, gases, odors, visibility, sewage disposal, water supply, air quality, noise, soil erosion and sedimentation, stormwater vegetation disruption and building demolition.
(5)
Alternatives to the proposal to lessen adverse environmental effects including, but not limited to, revised location, redesign, layout or siting of buildings and other structures; alternative methods for solid and liquid waste disposal and for water supply; reduction in the size of the facility; and/or revised operations, access or road design.
(6)
Measures to mitigate adverse environmental effects using exhibits that depict the mitigative measures at the site, relative to adjoining properties and roads and in the Borough.
(7)
The EIA report shall be prepared by qualified experts including engineers, architects and other experienced professionals pertaining to traffic, air quality and other critical parameters.
(8)
The Borough Council may require any additional information which it determines to be necessary to make a complete evaluation of the proposal.
B.
The EIA report shall address specific environmental aspects of the proposal including, but not limited to:
(1)
Air Emissions and Ambient Concentrations of Pollutants. The quantities of pollutants to be emitted by the facility and the resulting concentrations in the ambient air and dustfall within the Borough and the surrounding communities to a 10 mile radius shall be provided, based on emissions from similar facilities measured during, normal operating conditions, routine start-up and shut-down and upset conditions which require an emergency shut-down. Where emission measurements from comparable facilities are lacking, best engineering judgments shall be used to estimate the emissions. Where ambient monitoring data are lacking, an emission dispersion model approved by the U.S. EPA or PA DER shall be used to calculate ambient air concentrations and dustfall.
(2)
The following chemicals shall be included in the assessment:
(a)
Emissions From the Stack:
Total suspended particulates | |
Sulfur oxides (as sulfur dioxide) | |
Nitrogen oxides (as nitrogen dioxide) | |
Carbon monoxide | |
Total hydrocarbons | |
Hydrochloric acid | |
Total chlorinated dioxins and furans, or 2, 3, 7, 8 — Tetrachloropdioxin | |
Arsenic | |
Cadmium | |
Chromium (hexavelent) | |
Lead | |
Mercury | |
Nickel |
(b)
Ambient Concentrations;
Same list as above, plus: | |
Sulfate | |
Total settleable dust | |
Heavy metals in the dustfall, including arsenic, cadmium, chromium (hexavalent), lead, mercury and nickel. |
(3)
Odors. An estimate shall be made as to the conditions under which detectable odors will reach off-site residential and commercial areas, including normal operating conditions, start-up, shutdown, upset requiring an emergency shutdown and extended shutdown (more than one day).
(4)
Noise. An estimate shall be made as to the levels of noise which will be produced at the exterior of the facility building, at the property line and at nearby residential and commercial areas, under normal operating conditions, start-up, shutdown and upset requiring an emergency shutdown.
(5)
Visible Emissions. An estimate shall be made as to the conditions and percent of time that visible emissions are likely to be observed and whether these conditions would exceed the PA DER regulations.
(6)
Water Use and Effluents.
(a)
The quantities of water to be consumed per day in the various systems of the facility, including steam loss, boiler blowdown, ash quench tank and wet scrubber (if any), etc., shall be estimated based on measurements on comparable facilities or best engineering judgment where data are lacking. The sources of these water quantities shall be identified.
(b)
The quantities of pollutants to be released in the water effluents from the facility under normal operating and upset conditions, as described above and the nature of the receiving waters shall be estimated, based on experience in comparable facilities or best engineering judgment where data are lacking. The following chemicals shall be included in the assessment:
1)
Effluents from the Facility:
Biological oxygen demand (five-day) | ||
Total or fecal coliform | ||
pH | ||
Phosphate | ||
Other boiler water treatment chemicals in the blowdown: | ||
Nitrate | ||
Salt (as Nacl) | ||
Carbonate | ||
Other chemicals used in the wet scrubber, if any priority pollutants (as defined by the U.S. EPA); | ||
Volatile and semivolatile organics, base-neutral extractables, acid extractables and heavy metals | ||
(7)
Environmental Monitoring.
(a)
Evidence shall be submitted to document a proposed program of environmental monitoring to determine that the actual emissions, odors, noise and effluents fall within the range of estimates provided as per the above items. This program shall meet the requirements of the PA. DER including (or in addition to the PA DER requirements) a set of baseline measurements lasting at least one month prior to the start of construction of the facility, a set of measurements during the check-out and initial start-up of the facility and a set of measurements at least monthly during the first year of facility operation.
(b)
The regular monitoring shall include measurements of dioxins and furans in the emissions and settleable dust and of priority pollutants in the effluents only once during the initial start-up of the facility, and then only annually thereafter.
(8)
Traffic. An estimate shall be made, based on actual traffic counts on the roads leading to the facility, of the number and percent of total traffic and of truck (greater than five tons) traffic to be represented by the trash-hauling and ash-removal trucks required to support the facility under normal operating conditions during typical weekday and Saturday traffic conditions.
(9)
Safety. An estimate shall be made of the safety of the facility under normal and upset conditions in regard to the potential and likelihood of fire, explosion or other emergency conditions which could affect the health and safety of the residents and emergency personnel of the Borough.
(10)
Risk Assessment. An assessment shall be made of the overall risks to human health and safety of the operations of the facility under normal, start-up, shutdown and upset conditions. The risk assessment shall include estimates of the chances that the residents of the Borough will contract illness requiring hospitalization or death, including damage to vital organs and cancer, from exposure to the emissions and effluents from the facility during their lifetimes. The risk assessment shall also include estimates of the increased chances of hospitalization or death due to the traffic and safety hazards determined in Subsections 5B(7) and (8) above. No facility shall be approved which would increase the chances of hospitalization or death to a resident of the municipality by more than one chance in 100,000.
§ 409 Parking and Storage of Certain Vehicles.
[Ord. 983, 3/4/1992, § 4.9]
1.
Automotive vehicles or trailers of any kind or type without current registration, inspection or not in operable condition shall not be parked or stored in any residential zoning district for more than two weeks unless the vehicle or trailer is parked within a completely enclosed accessory building. The only exception to this provision shall be the storage or parking of a small trailer, such as that used to transport a boat, motorcycle, pop-up camper or other such small equipment or device.
2.
In commercial and industrial zoning districts, automotive vehicles (including truck trailers) or recreational vehicles of any type without registration, inspection or not in operable condition must be parked or stored within completely enclosed accessory buildings, unless the vehicles or trailers are for sale at a sales agency dealing in automotive vehicles or recreational dwellings.
3.
Vehicles and trailers that are used for storage of materials or goods that are registered, inspected and operable may be used for storage without a permit for up to 180 days in any calendar year. After this period, owners/operators of the vehicle or trailer must secure a permit from the Zoning Officer to continue the use. In order to secure the permit, the location of the vehicle or trailer must conform to all applicable zoning regulations treating the vehicle or trailer as a permanent structure.