§ 71.13 PARKING IN RESIDENTIAL AND AGRICULTURAL DISTRICTS.
   (A)   (1)   No motor vehicle, recreational vehicle or utility trailer, as defined herein, that equal or exceed 36 feet in length, shall be permanently stored or parked in any district zoned for residential uses.
      (2)   A temporary 72-hour exemption, established by division (E) below, may be applied.
   (B)   (1)   No motor vehicle, recreational vehicle or utility trailer, as defined herein, measuring less than 36 feet in length, shall be permanently parked on a public thoroughfare or between a dwelling and a public thoroughfare in any district zoned for residential uses. The parking of such vehicles shall only be allowed in a side yard, not abutting a street, behind the front building line, and in the rear yard of such properties.
      (2)   A temporary 72-hour exemption, established by division (E) below, may be applied.
   (C)   No motor vehicle, recreational vehicle or utility trailer, as defined herein, shall be parked or stored on an unimproved surface in the front, side or rear of any residence.
      (1)   An UNIMPROVED SURFACE is defined as a ground surface that is not paved with concrete or asphalt resistant to surface degradation.
      (2)   An IMPROVED SURFACE, composed of either concrete or asphalt, shall be designed with a paved thickness and sub-surface preparation that is adequate to withhold the weight of the vehicle being parked as approved by the City Engineer or designee.
   (D)   (1)   No motor vehicle, recreational vehicle or utility trailer, as defined herein, measuring less than 36 feet in length, shall be parked or stored in the rear or side of any residence are set back from any property line adjacent to another residential lot by a minimum of eight feet or alternatively screened with a compliant fence or evergreen landscaping where the height of the fence, or the mature height of the landscaping, is equal or greater than the item being screened.
      (2)   Should an evergreen landscaped screen be used, the minimum height of such screening material shall measure not less than 48 inches above finished grade at time of planting.
   (E)   No motor vehicle, recreational vehicle or utility trailer, as defined herein, of any size may be parked or stored between a dwelling and a public thoroughfare unless:
      (1)   The dwelling is constructed on a lot or parcel containing no less than one acre of land area;
      (2)   The area is part of a front driveway or parking area constructed of concrete, or asphalt designed in accordance with division (C)(2) above; and
      (3)   The vehicle is parked for no more than 72 hours at any one time only for the purpose of loading, unloading, cleaning, preparing for a trip, winterizing, or preparing the vehicle for off-premises storage.
   (F)   No motor vehicle, recreational vehicle or utility trailer, as defined herein, shall be parked or stored in front of any residence, on an undeveloped lot, or on any parcel of land except as provided for in division (I) below.
   (G)   The City Manager or designee shall have the authority to grant the temporary parking of utility trailers when the trailers are being utilized in conjunction with active construction projects or when exigent circumstances exist. In no case shall temporary parking be granted for periods longer than 30 consecutive days.
   (H)   No motor vehicle, recreational vehicle or utility trailer, as defined herein, shall be stored in the Lake Ray Hubbard Take Line Lease Area.
   (I)   The City Council may consider a variance to the provisions of this section, after a public hearing, if it determines that the enforcement of a provision in a particular instance:
      (1)   Is not in the best interests of the public;
      (2)   Constitutes waste or inefficient use of land or other resources;
      (3)   Creates an undue hardship on the applicant for a permit; or
      (4)   Does not serve its intended purpose, is not effective or necessary.
      (5)   Before the tenth day prior to the public hearing on the variance, the city shall send notice via regular mail to all property owners in accordance with the city's notification process as defined herein.
(2005 Code, § 8-3-13) (Ord. 920406A, passed - -; Ord. 941006B, passed - -; Ord. 190212B, passed 2-12-2019; Ord. 200728A, passed 7-28-2020; Ord. 210727A, passed 7-27-2021) Penalty, see § 10.99