The following words and phrases when used in this article shall
have the meanings respectively ascribed to them:
A fence or wall made of wood, masonry or metal, permanently
constructed of products commercially sold as fence materials, and
which provides a solidly opaque barrier.
Asphalt, concrete, paving brick or an acceptable all-weather
surface of compacted gravel, caliche or crushed rock, as follows:
Hot-mix asphaltic concrete having minimum thickness 1-1/4 inches,
over a 4-inch stabilized base consisting of compacted crushed stone,
cement-treated base, or soil cement base;
Two-course penetration surface composed of two layers of crushed
stone and asphalt;
Reinforced concrete having a minimum thickness of 3.5 inches;
Interlocking concrete paving stones at least two inches thick
on a base consisting of a layer of bedding sand over a minimum 4 inches
of compacted crushed stone, cement-treated base, or soil cement base;
or
Compacted gravel, caliche or crushed rock having a minimum depth
of 4 inches.
A tract or parcel of land potentially suitable for building
purposes and legally transferable as a single unit of land. For the
purposes of this article, a lot may or may not coincide with a lot
shown on a recorded subdivision plat.
A residential zoning district according to the zoning ordinance
of the city.
Includes but not be limited to automobiles, trucks, trailers,
semitrailers, recreational vehicles, travel trailers, boats or other
watercraft, and motorcycles (not including bicycles and tricycles
that are not motor-propelled).
An open, unoccupied space on the surface of a lot or tract
of land, that is unobstructed from the ground to the sky.
All that space on the surface of a lot, located between the
street right-of-way line and the apparent front line of the principal
building on that lot, extending across the full width of the lot.
The depth of such yard shall include the entire area between said
street right-of-way line and the most remote point on an exterior
wall of the apparent front face of that principal building.
All that space on the surface of a lot, located between the
rear line (opposite the apparent front line) of the principal building
on that lot and the most proximate and nearly parallel property boundary
(that being the rear boundary) on that same lot, extending across
the full width of the lot. The depth of such yard shall include the
entire area between said rear boundary and the most remote point on
an exterior wall of the rear face of that principal building.
All that space on the surface of a lot, adjoining the sides
of the principal building on that lot and located between the front
and side yards.
(Ordinance 13-03-19-1 adopted 3/19/13)
(a)
The act or failure to act described in the following subsection (b) shall constitute a nuisance and is therefore prohibited and unlawful.
(b)
Parking,
placing, depositing, leaving or permitting to remain any vehicle in
the yard of any lot (other than a municipal park or recreation area)
in a residential district, except as allowed specifically below:
(Ordinance 13-03-19-1 adopted 3/19/13)
The prohibitions of this article shall also not apply to:
(1)
Parking
of trailers and semitrailers used for recreational or homeowner utility
purposes and recreational vehicles, exceptions;
(2)
Parking,
placing, depositing, leaving or permitting to remain any vehicle in
the rear yard of any lot in a residential district, so long as the
rear boundary of said lot is not adjacent to a street right-of-way;
(3)
Parking,
placing, depositing, leaving or permitting to remain any vehicle in
the yard of any lot in a residential district, so long as said lot
has access only to street(s) having an improved surface thirty-six
feet (36') or less in width;
(4)
Parking,
placing, depositing, leaving or permitting to remain any vehicle in
the yard of any lot in a residential district, so long as such vehicle
has a valid handicapped license plate or mirror hanger;
(5)
Parking,
placing, depositing, leaving or permitting to remain any vehicle in
the yard of any lot in a residential district without a driveway so
long as the vehicle is placed perpendicular to the street and within
the boundaries created by the extension of the edges of the existing
curb cut, leading to the garage and/or carport structure;
(6)
Parking,
placing, depositing, leaving or permitting to remain any vehicle in
the yard of any lot in a residential district without a garage or
carport so long as the vehicle is placed perpendicular to the street
and within the boundaries created by the extension of the edges of
the existing curb cut; and
(7)
Parking,
placing, depositing, leaving or permitting to remain any vehicle in
the yard of any lot in a residential district without a curb cut,
so long as the vehicle is placed perpendicular to the street and on
either side of the residence.
(8)
Parking
on holidays.
(Ordinance 13-03-19-1 adopted 3/19/13)
It is a defense to prosecution under section 8.07.002 that the vehicle unlawfully parked, placed, deposited, left or permitted to remain is registered to a person residing on the lot where the offense occurs, but such real property is rented or leased from another person, firm or corporation, in which case only the registered vehicle owner(s) shall be subject to prosecution, not the real property owner.
(Ordinance 13-03-19-1 adopted 3/19/13)
Any person who violates any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine as provided for in section 1.01.009 of this code.
Each day of violation shall constitute a separate offense.
(Ordinance 13-03-19-1 adopted 3/19/13)
