A. Definitions as used in this section: Commercial/Construction Vehicles and Equipment
1. “Commercial Vehicle” shall mean any vehicle having more than two axles, or any single commercial vehicle or combination of said vehicles which exceed twenty (20) feet in length, any single commercial vehicle or combination of said vehicles eighty- four (84) inches or more in width, or any single commercial vehicle or combination of said vehicles having a manufacturer's gross vehicle weights rating of ten thousand (10,000) pounds or more.
2. “Construction Vehicle and Equipment” means any vehicle, off-highway earth-moving equipment, backhoe. bulldozer, cement mixer, hoist, scaffold, snowplow and like devices, apparatus and machines used m the construction or maintenance of buildings, houses, roads, streets, sidewalks driveway, or for landscaping or snowplowing.
3. “Storage Trailer” means any trailer used for the storage of construction or commercial equipment, retail merchandise, temporary offices, private or commercial equipment, including, but not limited to truck trailers, and PODS.
4. “Storage”, “Stored” or “Store” means the keeping or housing of any commercial or construction vehicle, or any equipment used in a commercial or construction enterprise, in or upon premises located in any Residential District for any period of time.
5. “Parking”, Parked”, or “Park” means the stopping or standing of vehicles, whether or not occupied, otherwise than temporarily for the purpose of and while actively engaged in loading or unloading of merchandise or passengers.
B. Definitions as used in this section: Recreational Vehicles or Equipment
1. A “Travel Trailer”, which means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, and permanently identified as a “travel trailer” by the manufacturer, and all related equipment.
2. A “Pick-up Camper”, which means a structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses, and all related equipment.
3. A “Motor Home “, which means a self-propelled recreational vehicle constructed with permanently installed facilities for cold storage, cooking and consumption of food, and for sleeping, and all related equipment.
4. A “Folding Tent Trailer”, which means a canvas folding structure, greater than ten (10) feet in length when closed, mounted on wheels and designed for travel and vacation uses, and all related equipment. Folding tent trailers less than ten (10) feet in length when closed, shall be permitted to be parked on an asphalt or concrete surface only in the closed position, without a screened area.
5. A ''Boat” or “Snow Vehicle” which means and includes a boat, raft, jet ski, snowmobile, plus the normal equipment to transport the same on the streets and highways, and all related equipment.
6. A “Trailer”, which means a cart or wagon designed to be pulled by an automobile, van, truck or tractor for hauling boats, floats, rafts, canoes, snowmobiles, jet skis, motorcycles and other recreational equipment and devices as well as those carts or wagons used for utility purposes, i.e. hauling landscaping materials, furniture and household goods, plus the normal equipment to transport the same on the highway, and all related equipment.
C. General Restrictions for Non-Residential Properties
The parking or storage of recreation, commercial, or construction vehicles, equipment, or storage trailers in a Non-Residential District, shall be limited to the extent and in the manner herein described, and limited only to the property of an owner or legal occupant of the property.
D. Recreational Vehicles/Equipment on Non-Residential Property
Any owner or legal occupant of a non-residential property, who owns a recreational vehicle may park or store such vehicle or equipment on property owned, rented or leased by him or her in accordance with the following conditions:
1. Recreational vehicles or equipment parked or stored shall not have fixed connections to electricity, water, gas or sanitary sewer facilities, and at no time shall such equipment be used for living or housekeeping purposes.
2. No person shall make or cause to be made major repairs, alterations or conversions of recreational vehicles or equipment unless such repair, alteration or conversion is done in a completely enclosed garage. “Repairs of a major type” are herein defined to include, but are not limited to, spray painting, body, plumbing, heating, spring and frame repairs, radiator repair, major overhauling of engines requiring the removal of the engine cylinder head or crankcase pan or the removal of the motor and conversion of any other type of motor. The conversion of any recreational vehicle is expressly prohibited.
3. No materials of any nature may be stored beneath recreational vehicles or equipment.
4. When such a recreational vehicle or equipment is parked or stored outside of a garage in an approved or permitted location, the wheels shall be left on such vehicle, vehicle conveyance, or equipment so that it may be moved in case of an emergency.
5. If recreational vehicles or equipment are parked or stored outside of a garage, they shall be parked or stored upon an asphalt or concrete surface or turn-around behind the main building. If there is no building on the property, the parking or storing of a recreational vehicle must be approved by the Building Commissioner, but in no case shall the vehicles be parked within fifteen (15) feet of the public sidewalk. No recreational vehicles or equipment shall be stored outside of a garage until the adequacy of screening, if required by the Building Department, has been determined by the Building Commissioner based upon a screening plan submitted to the Building Commissioner and upon the following factors:
(a) Location of screened area to any adjacent residences.
(b) Size and condition of vehicle or equipment.
(c) View of screened area from the street.
(d) Size, quantity and quality of screening.
Adequate screening shall consist of building walls, fencing or evergreen planting. At least five (5) days before the Building Commissioner makes any determination as to the adequacy of screening, notices shall be sent to the owners of contiguous residential properties. After such determination has been made, notice thereof shall be promptly given to the applicant and to the owners of contiguous residential properties. Such determination shall not become effective for ten (10) days thereafter and, if an appeal is filed with the Planning and Zoning Commission, such determination shall not become effective until such appeal has been decided by said Commission.
E. Commercial Vehicles on Non-Residential Properties
The parking or storage of commercial vehicles, or equipment, as herein defined, on any property located in a Non-Residential Zoning District, other than in a garage or enclosed structure, is restricted, except that a commercial vehicle may be parked outside of a garage or enclosure for a reasonable period of time while making a customary delivery of goods, merchandise or services to the properties located within such Non-Residential District. Placement of commercial vehicles while making a customary delivery of goods, merchandise or services to the premises located within such Residential District shall not be parked or located within fifteen (15) feet of the public sidewalk. If commercial vehicles or equipment used for the operation of the business located on the property are parked or stored outside of a garage, they shall be parked or stored upon an asphalt or concrete surface or turn-around behind the main building. If there is no building on the property, the parking or storing of commercial vehicles or equipment must be approved by the Building Commissioner.
F. Construction Vehicles, Equipment, Storage Trailers on Non-Residential Properties
The parking of storage, of construction vehicles, storage trailers, machines, devices or equipment, as herein defined, on a non-residential property, used during the construction or maintenance of buildings, dwellings, houses, driveways, driveway aprons and sidewalks, public or private, is restricted. Where such construction vehicles, storage trailers, machines, devices, equipment are being used for the building, renovation, maintenance or improvement of a building, structure, driveway, driveway apron and public or private sidewalk in any Non-Residential District, the temporary parking or storage of the vehicles, storage trailers, PODS, machines, devices and/or equipment shall be permitted until the project has been completed. Placement or storage of devices, equipment, construction materials, construction vehicles, equipment, machines, or storage trailers shall not be placed or located within fifteen (15) feet of the public sidewalk. If construction vehicles or equipment used for the operation of the business located on the property are parked or stored outside of a garage, they shall be parked or stored upon an asphalt or concrete surface or turn-around behind the main building. If there is no building on the property, the parking or storing of commercial vehicles or equipment must be approved by the Building Commissioner.
Landscaping and snow removal equipment shall be stored in the off season in an enclosed garage or screened area on an asphalt or concrete surface or turn-around subject to the placement by the Building Commissioner.
G. Construction Vehicles, Equipment Storage Trailers in the Public Right-of-Way
The parking or storage of any construction vehicles, equipment, and storage trailers in any Non-Residential District, in the public right-of-way shall be limited during actual construction periods to the construction vehicles, equipment, and storage trailers being utilized for the construction or renovation of the public right-of-way.
No tent shall be placed on any property in a non-residential zoning district for business or commercial purposes, or for accessory uses, nor shall recreational vehicles or equipment, be parked or stored, for business or commercial purposes, or for accessory uses, with the following exception: the Mayor or the Building Commissioner may grant a special permit as specified in Section 1442.05 for special business promotions or community events.
(Ord. 2000-128. Passed 12-6-00; Ord. 2010-70. Passed 9-1-10.)