(a)   No person shall keep, park, store or allow to be kept, parked or stored overnight any commercial vehicle or truck, as herein defined, in a U-1, U-2, U-3 use district, except as otherwise permitted herein.  This section shall not, however, prohibit the following uses of commercial trucks in such districts:
      (1)   Trucks making bona fide deliveries to, or pickups from, the premises where they are parked, but only for so long a time as is reasonably necessary to make such deliveries or pickups;
      (2)   Vehicles necessarily used in connection with the legal construction, altering, repairing, removal or demolition of buildings, appurtenances and roads for such time as is reasonably necessary to perform such work;
      (3)   Farm vehicles bearing either current farm license plates issued by the State of Ohio, or vehicles used exclusively for proper agriculture purposes upon the premises;
      (4)   Vehicles used by, or on behalf of, the Municipality or any other governmental body;
      (5)   In Class U-3 District, vehicles necessarily and customarily incident to the operation of any apartment house, hotel or motel situated on the premises;
      (6)   On any lot in a U-1 or U-2 Use District, not more than one commercial vehicle or one truck, not exceeding one ton in rated capacity each, may be parked in a covered and closed garage or otherwise entirely out of sight of any adjacent property only in an area designated or permitted in Highland Heights Code Section 1141.09 which pertains to locations of parking facilities, provided the trucks or commercial vehicles are used solely by the owner(s) or occupant(s) of the premises.
   (b)   For purposes of this chapter commercial vehicles shall mean any automobile, van, pick-up truck, sport utility vehicle, or similar vehicle that is used for commercial, business or manufacturing purposes that is more than one ton in rated capacity and bears any one, or more of the following: mounted equipment, signs, racks carrying equipment, tools, ladders, lettering, commercial license plates, building material and similar items.
   (c)   For purposes of this chapter trucks shall include any vehicle with a rated capacity in excess of one ton, or any tractor, semi-trailer, bus trailer, pole trailer, moving van or dump truck.
   (d)   Commercial vehicles shall also include any pick up truck with a rated capacity of one ton or less, van, or sport utility vehicle that is used for commercial, business, or manufacturing purposes and bears any one or more of the following: mounted equipment, signs, racks carrying equipment, tools, ladders, lettering, building material and/or similar items.  However, the vehicles set forth in this subsection may be parked in a U-1, U-2, or U-3 use district in accordance with Section 1141.09 if the owner or occupant covers the lettering, signage or other commercial indicia in a manner acceptable to the Building Department and/or removes any and all equipment, tools, ladders and similar items from the vehicle while parking overnight.
   (e)   Should the Building Commissioner find that the owner(s), or occupant(s) of any building or premises or part thereof is in violation of this section or who otherwise parks, stores, or keeps any vehicle upon any residential premises, including Class U-1, Class U-2, and Class U-3 Use Districts, in violation of this section, a Notice of Intention to Prosecute shall be sent by the Building Commissioner to the property owner(s) not less than three (3) calendar days prior to the issuance of a misdemeanor complaint.  No Complaint shall be issued  in the event the cause of the violation is removed within said three (3) day period.
   (f)   Whoever violates any provision of this section, fails to comply with any lawful order issued by the Building Department pursuant thereto, or remove said violation within the time prescribed in the notice pursuant to subsection (e) above shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00), for each day or fraction thereof, during which noncompliance or a violation continues after expiration of the period prescribed in such notice from subsection (e) above for a first offense.  Whoever shall be convicted of a violation of any provision of this section for a second subsequent offense within a period of one year from the date of the next prior conviction shall be guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned for not more than thirty days, or both.  Each day of violation, or fraction thereof, shall constitute a separate offense.
(Ord. 11-2004.  Passed 5-25-04.)