For the purpose of this division, the following terms shall
carry the meanings as set out below:
A truck-tractor, road tractor, semi-trailer, bus, truck or
trailer or any other commercial vehicle with a rated carrying capacity
of one and one-half (1-1/2) tons or more, according to the manufacturer’s
classification.
The operation and use of a commercial vehicle to deliver
merchandise or transport tools, equipment or supplies necessary to
the operation of the lawfully zoned business and other uses of a commercial
vehicle without which the operation of said business would be substantially
hindered. Remote and incidental uses of a commercial vehicle in connection
with a business, such as advertising, name exposure and promotion,
except where such is specifically permitted by the zoning ordinance,
shall not be deemed use as an integral part of such business.
Any vehicle that is greater than 23 feet in length, 8 feet
in width or 10 feet in height. Regardless of size, the term “oversized
vehicle” shall include step-vans, tow trucks, panel trucks,
cargo vans, bobtail trucks, bucket trucks, platform trucks and other
similar vehicles.
A designated parking area at a motel or hotel, within the
city, that meets the criteria for parking lot design for truck parking,
established by the city as follows:
(Ordinance 175, sec. 1-1, adopted 3/24/08)
Any person, firm or corporation violating any of the provisions
or terms of this division shall be deemed to be guilty of a class
C misdemeanor and upon conviction in the municipal court shall be
punished by a fine not to exceed five hundred dollars ($500.00) for
each offense.
(Ordinance 175, sec. 1-6, adopted 3/24/08)
It shall be unlawful for any owner or person in control of a
commercial/oversized vehicle, as defined herein, to leave, park or
stand, or permit the leaving, parking or standing, of such vehicle
upon any public street, alley, parkway, boulevard or other property
owned or controlled by any unit of government, except that this section
shall not apply to:
(1)
Commercial/oversized vehicles while being used for street construction,
maintenance or repair;
(2)
Commercial/oversized vehicles being utilized by a company engaged
in extending public service utilities;
(3)
Passenger buses taking on or discharging passengers at an approved
bus stop;
(4)
A commercial/oversized vehicle parked in a loading zone for the purpose
of loading or unloading freight or merchandise to a lawfully zoned
business;
(5)
A commercial/oversized vehicle parked for the purpose of expeditiously
delivering or picking up merchandise to or from a specific designated
location or loading or unloading personal property to or from a specific
designated location; and
(6)
A commercial/oversized vehicle experiencing a mechanical defect making
it unsafe or impossible to proceed, for such period of time as emergency
repairs are made or, if repairs cannot be made in a timely manner,
until a tow truck arrives.
(Ordinance 175, sec. 1-2, adopted 3/24/08)
It shall be unlawful for any owner or person in control of a
commercial vehicle to leave, park, or stand or permit the leaving,
parking or standing of such vehicle within any area of the city zoned
residential according to the zoning ordinance, except as follows:
(1)
If the vehicle is expeditiously delivering or picking up merchandise
to or from a specific designated location or loading personal property
to or from a specific designated location while in the normal course
of business for which the commercial vehicle operates.
(2)
If a road or highway is a part of the state highway system, then
an owner or operator may obtain an annual permit from the city to
park a commercial vehicle adjacent to such street or highway subject
to each of the following:
(A)
Payment of an administrative fee of $25.00 to cover the cost of administering
the permit.
(B)
The police department will conduct a visual inspection and the permit
may be allowed if the vehicle is parked on property owned or leased
by the owner or operator as his personal residence and the vehicle
will be parked at least 12 feet from the edge of the nearest lane
of traffic.
(C)
Nothing in this division shall be construed as allowing or authorizing
any vehicle to be parked in violation of any state statute or any
rule of the state department of transportation.
(Ordinance 175A adopted 11/23/09)
It shall be unlawful for any owner or person in control of a
commercial vehicle set forth herein, or any owner or person in control
of property described herein, to leave, park, or stand a commercial
vehicle, or permit the leaving, parking, or standing of a commercial
vehicle, upon property within an area zoned nonresidential according
to the city zoning ordinance, except where one or more of the following
conditions exist:
(1)
The commercial vehicle is parked upon an approved parking surface
within an area zoned industrial according to the city zoning ordinance;
(2)
The commercial vehicle is parked or standing for the purpose of expeditiously
loading and unloading passengers, freight or merchandise;
(3)
The commercial vehicle is parked at a lawfully zoned business establishment,
wherein such commercial vehicle is utilized as an integral part of
such lawfully zoned business;
(4)
The commercial vehicle is a passenger bus parked on a parking lot
in an area designated by the owner of the parking lot for the parking
buses, and with the consent of the owner, during such period as the
bus passengers are attending an event at a facility zoned for such
activities, or are customers at a retail center, or, in the case of
a hotel or motel, during such periods of time that the bus passengers
are customers of the hotel or motel;
(5)
The commercial vehicle parked is parked in a designated area at an
exhibit or exhibition hall, convention center, entertainment, or similar
facility when the commercial vehicle is involved in the delivery and
removal of equipment, products, merchandise, livestock or other items
to and from the facility. All such commercial vehicles must be identified
with an official temporary parking permit issued by the facility hosting
the events, and must be parked in the area designated for such vehicles.
The temporary permit must identify the vehicle to which it is issued
by license plate number and state, year, make, model, and color, the
driver of the vehicle and the name and date or dates of the event
during which the permit is valid;
(6)
The commercial vehicle is a truck or trailer no greater than twenty-six
(26) feet in length, bumper to bumper, being driven by an individual
who has rented the vehicle from a commercial business for the purpose
of transporting his personal property from one location to another,
and parked for less than 24 hours at a motel or hotel while the driver
of the vehicle is a customer of the hotel or motel; or
(7)
The commercial vehicle is parked in a truck parking area at a motel
or hotel within the city which has been specifically approved for
truck parking by the city council in accordance with the procedures
and standards set out below.
(A)
Application.
An application containing the following
information shall be submitted:
(i)
Specific identification of the property for which the request is
made;
(ii)
A detailed site plan of the property showing dimensions and
indicating the area(s) for which truck parking is being requested;
(iii)
The maximum number of trucks the proposed area will accommodate;
(iv)
Description and identification of the location of proposed screening
and buffering; and
(v)
Other information relevant to the request.
(B)
Notification and hearing.
Prior to making a determination
concerning the application, the city council will hold a public hearing
to receive input from the applicant, adjoining property owners and
other interested persons. Owners of property abutting the property
described in the application, including properties separated from
the subject property by a street or alley, shall be provided written
notification at least ten (10) days prior to consideration of the
application. Adjoining owners shall be informed of the applicant’s
request for a truck parking area, and be given the opportunity to
respond in writing and/or in person at the public hearing.
(C)
Application review criteria for new hotel or motel.
A determination of approval or denial by the city council shall be
based upon an evaluation of the purpose and justification for a truck
parking area as stated in the application, the location of the property
and proposed parking area in relationship to existing and proposed
and potential uses in the area, the ability to reasonably accommodate
truck parking and maneuvering on the site, and other factors affecting
on-site circulation and off-site impact. The decision of the city
council shall be final. City council approval of a truck parking area
at a new hotel or motel will include specification of the number of
trucks that may be parked in the approved area and require the construction
of a standard truck parking area.
(D)
Application review criteria for existing hotel or motel.
In addition to the criteria set forth for the determination of approval
or denial for a new motel or hotel, an existing hotel or motel must
demonstrate that their existing parking lot can support and accommodate
the use and maneuvering of trucks, that truck traffic will not greatly
impact the area, and that requirements concerning the number of places
required for passenger vehicles will continue to be met. The decision
of the city council shall be final. City council approval of a truck
parking area at an existing hotel or motel will include specification
of the number of trucks that may be parked in the approved area. The
provisions of this section shall not affect truck parking approved
at an existing hotel or motel prior to the effective date of this
division.
(Ordinance 175, sec. 1-4, adopted 3/24/08)
Notwithstanding the provisions of this division, it shall be
unlawful for the operator of any tractor-trailer combination vehicle
commonly known as an “eighteen wheeler” to operate such
vehicle in violation of any provision of the city code relating to
truck routes.
(Ordinance 175, sec. 1-5, adopted 3/24/08)
