(A) Generally.
(1) Variance system established. The restrictions set out in §§ 71.003 and 71.004 of this chapter are necessary for the peace, health, safety and welfare of the citizens of the city. It is recognized that there are so many kinds of recreational vehicles, and so many shapes and sizes of lots and land parcels within the city, that no matter what restrictions are placed upon their outdoor parking and storage, hardships will result to some owners of recreational vehicles and nuisances will result to some non-owners. In an attempt to avoid such hardships and nuisances, this variance system is established.
(2) Application. Any person desiring to locate a vehicle in a location not permitted by §§ 71.003 and 71.004 of this chapter may file a petition for a variance with the office of the City Administrator or his or her designee (“City Administrator”) on a form provided by the City Administrator’s office. The applicant shall pay a non-refundable fee established from time to time by the City Council to cover administrative costs and costs of the hearing as set forth in § 71.006 of this chapter.
(a) No variances shall be given or allowed for more than the number of vehicles allowed by § 71.004(J) of this chapter.
(b) A variance from the requirement in § 71.004(D)(2) of this chapter that the recreational vehicle be parked at least 15 feet from the back of the curb may be considered where the recreational vehicle can be parked not less than ten feet from the back of the curb and all of the following conditions are met:
1. The recreational vehicle must be 40 feet or less in length;
2. Access to parking in the rear yard or side yard is not available because of lot size only. If the rear yard access is caused by trees or fences or similar obstructions, the obstructions shall be eliminated or modified;
3. The owners on both sides of the applicant’s residence must give permission in writing. If owners later decide they have a visibility problem, they will have the right to withdraw their permission and the permit would be revoked. If the adjoining property is owned by joint tenants or tenants in common, all owners must sign the consent;
4. Parking ten feet from the curb shall not be allowed if the driveway is less than 100 feet from the corner of an intersection; and
5. Neither the recreational vehicle nor any attachments thereto including hitches or other equipment may extend over the sidewalk or in any part of the public right-of-way.
(c) All other variances from the requirements of this subchapter shall be decided by the Review Board as set forth in § 71.006 of this chapter.
(1992 Code, § 702:20)
(B) Variance not transferable; exception. Each variance shall be limited and restricted to the stated person, vehicle and property location and may not be transferred to any other person, or be used for any other vehicle or property location; provided, however, a variance may be transferred to another vehicle provided such vehicle is not longer, wider, taller or older than the vehicle for which the variance was initially granted.
(1992 Code, § 702:40)
(C) Revocation of variance. Each variance granted may be revoked by the city for failure of the recipient to comply fully and continually with the stated conditions or for any violation of the provisions of this subchapter.
(1992 Code, § 702:45)(Ord. 1379, passed 8-16-2005)