as used herein shall include, but is not limited to: a motor
home, bus, travel trailer, camper trailer, fifth wheel trailer, utility
trailer, horse or livestock trailer, boat, golf cart, all-terrain
vehicle (ATV), utility vehicle, camper shell or other similar vehicle
or trailer not otherwise defined in division 1 of this article.
(Ordinance 2008-031, sec. 3, adopted 9/8/08; Ordinance 2017-002, sec. 3, adopted 1/9/17; 1988
Code, sec. 22-21)
(a)
It
shall be unlawful for any person to park or store or allow another
to park or store a special vehicle in any part of a residential lot
except the side or rear yard.
(b)
A
special vehicle may not be used for living or sleeping quarters, or
for the storage of personal property not normally associated with
the use of the special vehicle; provided, however, a special vehicle
may be used for temporary living and sleeping quarters under special
circumstances for a period not to exceed seven (7) consecutive days
or a total of fourteen (14) days during a calendar year.
(c)
Special
vehicles must be maintained free of rust, peeling or missing paint,
broken or missing windows, flat or missing tires, and excess dirt
or grime.
(d)
Special
vehicles must be in operable condition.
(e)
Special vehicles that require a license, registration, or permit shall be properly licensed, registered, and shall display the required permit or registration. Special vehicles which require annual registration or inspection are subject to the junked vehicle ordinance (article 8.11).
(f)
All
equipment or attachments necessary to operate the special vehicle
must be in place and operational.
(g)
Stored
special vehicles must be secured with wheel stops or maintained so
as not to present a safety hazard to the neighborhoods in which they
are located.
(h)
No
part of any parked or stored special vehicle may extend over a public
easement or right-of-way or adjoining private property or be located
within any portion of the side yard or rear yard which is within ten
(10) feet of a structure located on an adjoining lot.
(Ordinance 2008-031, sec. 3, adopted 9/8/08; 1988 Code, sec. 22-22)
(a)
Special
vehicles which are currently parked or stored outside the side or
rear yard of a residential lot located within the corporate city limits
of the city as of the effective date of this division may, within
ninety (90) days thereof, register their special vehicle with the
community development department. There shall be no fee for this registration.
(b)
Special vehicles which are registered within said ninety-day period will be exempt from the provisions of section 4.08.032(a) of this division unless their placement is considered a safety hazard by the chief of police due to a sight obstruction created by the special vehicle.
(c)
This
exemption shall apply only to the registered special vehicle as stored
or parked in a specific location. The exemption is not transferable
to other special vehicles or other locations; provided, however, the
owner of a registered special vehicle may replace that registered
special vehicle with a similar special vehicle of the same type and
class.
(d)
The
owner of the replacement special vehicle shall register the replacement
special vehicle with the community development department within thirty
(30) days of moving the replacement special vehicle onto their property.
(e)
It shall be unlawful for any person to park or store or allow another to park or store a registered or unregistered special vehicle in any part of a residential lot that is located within eleven (11) feet of the curbline or, if no curbline exists, within eleven (11) feet of an existing roadway or pavement edge without a variance as provided in section 4.08.034.
(Ordinance 2008-031, sec. 3, adopted 9/8/08; 1988 Code, sec. 22-23)
(a)
The
procedure for seeking variances to this division shall be the procedure
established in section 16 of the city zoning ordinance.
(b)
A
variance may be granted if the board of adjustment finds that all
of the following conditions apply:
(1)
Unique circumstances exist on the property that make application
of specific requirements in this division unduly burdensome on the
applicant;
(2)
The variance will have no adverse impact on current or future development;
(3)
The variance is in keeping with the spirit of these regulations and
will have a minimal impact, if any, on the surrounding land uses;
(4)
The variance will have no adverse impact on the public health, safety,
and general welfare; and
(5)
A financial hardship shall not be considered a basis for the granting
of a variance.
(Ordinance 2008-031, sec. 3, adopted 9/8/08; 1988 Code, sec. 22-24)
