(a) Purpose. The purpose of these regulations of various types and numbers of vehicles and equipment within the Village of Franklin is to preserve the health, safety and welfare of residents, protect property in areas designed and utilized for single-family residential purposes, prevent blight, and preserve open space in single- family residential areas. This is accomplished by regulating the parking and/or storage of certain large or numerous vehicles of the types specified herein which may: (i) impede ingress and egress of emergency and fire protection vehicles; (ii) be unsafe when operated on residential streets, or (iii) cause noise, exhaust emissions, and unsightly conditions that could impair the health, safety, and general welfare of the residents of the Village of Franklin.
(b) Definitions. As used in this section, the following words or terms have the meaning ascribed to them:
(1) “Commercial vehicle” means any vehicle or equipment, which typically bears or is required to bear a commercial license plate, or which falls into one or more of the following categories:
A. Truck tractors.
B. Trailers, whether attached or unattached to other vehicles or equipment.
C. Semi-trailers, which shall include flat beds, stake beds, roll-off containers, tanker bodies, dump bodies, and full or partial box-type enclosures.
D. Vehicles of a type that are commonly used for the delivery of ice cream, milk, bread, fruit or similar vending supply or delivery purposes, such as box or step vans. This category shall include vehicles of a similar nature that are commonly used by electrical, plumbing, heating and cooling, and other construction or service oriented contractors, sometimes referred to as step vans.
E. Tow trucks.
F. Commercial hauling trucks.
G. Vehicle repair service trucks.
H. Vehicles with blades attached for plowing, grading or mowing.
I. Any construction vehicle or equipment, such as a bulldozer, backhoe, or similar vehicle used in construction, earth moving, or landscaping.
J. Any vehicle that has permanently mounted outside brackets or holders for ladders, tools, pipes, or other similar equipment.
K. Any vehicle that bears external advertising or signage.
L. Busses and motor coaches.
M. Vehicles previously used for public safety purposes, such as fire engines or other fire apparatus and ambulances.
N. Vehicles that are similar in appearance to private passenger vehicles but which are used for, or are intended to be used for, commercial purposes and which are owned or leased for use in a commercial enterprise, such as “fleet” vehicles.
O. The definition of “commercial vehicles” does not include traditional passenger cars or vehicles, including SUVs or pick up trucks, which do not bear external advertising or other similar signage, and which are routinely used by the owner or operator for ordinary personal transportation and are not primarily for business or fleet purposes.
(2) “Licensed private passenger car or vehicle” means any vehicle for which the principal purpose is transportation of people on streets and highways. Such classification shall not include recreational vehicles as defined herein, nor shall it include any conveyance, equipment or vehicle, the primary purpose of which is other than the transportation of people on streets and highways.
(3) “Owner” means any person in whose name the legal title of a commercial vehicle is registered, or in the event such vehicle is the subject of a lease or conditional sales agreement, the lessee or person with the right of purchase upon performance of the conditions stated in the agreement and with the immediate right of possession.
(4) “Parking” means the act of putting or leaving a vehicle for a period of time in a certain location.
(5) “Presumption of violation” means in any proceeding involving a violation of any parking or storage provision of this section, the person to whom a vehicle is registered, as determined from the registration plate displayed on the motor vehicle, shall be presumed in evidence to be the person who committed the violation. In the event that the vehicle is not registered, then the owner of the property on which the vehicle is located shall be presumed to be the person who committed the offense.
(6) “Recreational vehicles” means boats, boat trailers and any vehicle equipped for camping, sleeping or living purposes or any part thereof. This definition shall also include mobile homes, campers, truck campers, camper trailers, pick up truck “caps,” snowmobiles, personal watercraft, travel trailers, all terrain vehicles (ATVs), golf carts, and motor homes.
(7) “Storage” means the keeping of a vehicle in reserve for future use.
(8) “Vehicle” means a device, such as a motor vehicle or a piece of mechanized equipment, for transporting passengers, goods, or apparatus.
(9) “Vehicle/equipment.” For the purposes of this section, the terms “vehicle” and “equipment” may be used synonymously.
(c) General Guidelines. The following regulations shall apply to all parking and storage.
(1) Parking and Storage on Improved Surface. All parking and storage shall be on an improved paved or gravel surface, pursuant to Section 1262.02
(c).
(d) Parking or Storing Commercial Vehicles in Residential Districts. No commercial vehicle, licensed or unlicensed, shall be parked or stored in a residentially zoned or used district unless it is parked or stored in a fully enclosed structure that is in compliance with all applicable Village ordinances. No semi-trailers, including flat beds, stake beds, roll-off containers, tanker bodies, dump bodies, and full or partial box-type enclosures, shall be parked or stored inside or outside in a residential district. These provisions shall not apply to: (i) commercial vehicles temporarily parked (less than twelve (12) hours) at a residential property in conjunction with maintenance or service to that residential property, and (ii) vehicles and equipment being used and parked on a construction site for which a valid building permit has been issued.
(e) Parking or Storing Non-Commercial Vehicles in Residential Districts. The following regulations shall apply to parking or storing non-commercial vehicles in residential districts.
(1) Inoperable or Unlicensed Private Passenger Cars or Vehicles. The storage and/or parking of any inoperable or unlicensed private passenger car or vehicle, is prohibited, unless stored in a fully enclosed structure that is in compliance with all applicable Village ordinances.
(2) Vehicles for Use on Land, in the Air, or on the Water, Other than Passenger Cars. Parking and/or storage of any conveyance for use on land, in the air, or on the water, including but not limited to boats, trailers, snowmobiles, aircraft, personal watercraft, travel trailers, all terrain vehicles (ATVs), golf carts, campers, recreational vehicles, other than licensed private passenger cars or vehicles, shall be prohibited in all residential districts unless stored in a fully enclosed structure that is in compliance with all applicable Village ordinances.
(3) Recreational Vehicles. The storage and/or parking of a recreational vehicle on a lot or parcel is prohibited except as follows: Any recreational vehicle may be parked on a driveway for the purposes of loading and unloading for a total of not more than six (6) days during one (1) calendar month, provided that each loading/unloading period shall not exceed three (3) consecutive days.
(4) Repair or Maintenance of a Vehicle. The repair or maintenance of any vehicle which renders the vehicle inoperable for a period in excess of three (3) days is prohibited, unless the repair or maintenance activities are conducted entirely within an enclosed garage or other enclosed structure that complies with all applicable Village ordinances. Vehicle repair businesses are not permitted in residential districts.
(5) Location of Parked Cars or Vehicles. No yard shall be used for storage or parking of vehicles, whether licensed or unlicensed, except that vehicles with current license plates and in operating condition may be parked on an approved driveway, extending from the street directly to a side yard or a garage. This provision shall not prohibit the temporary parking of vehicles of guests or invitees of the property owners or residents.
(Ord. 2008-02. Passed 2-11-08; Ord. 2017-02. Passed 2-13-17; Ord. 2020-06. Passed 11-9-20.)