(a) No person shall cause or permit to stand, park, or permit to be parked, any commercial vehicle in or upon any driveway, side yard or rear yard, unless enclosed within a garage, or screened in such a manner as may be approved upon issuance of a special permit by the Zoning Board of Appeals, nor shall any commercial vehicle be permitted to stand or park in or upon any public street adjacent to the premises or within twenty feet of any building or driveway.
(b) Section (a) hereof shall apply to any residential use district classed as R-1, R-2, R- 3, RTF, RMF-1, RS-1 and RMF-2, or any other district used for human habitation.
(c) The foregoing prohibition shall not apply to a temporary purpose incidental to performing maintenance or repair services at or upon the premises, or otherwise during the time reasonably necessary for loading or discharging property or passengers, or such conduct that may be in compliance with the direction of a police officer or as otherwise may be authorized by the Mayor or the Director of Public Safety when such use does not otherwise impair the safety of other persons in the use of any public street or right-of-way or when such use does not cause blight or otherwise downgrade or detract from the character of the use district.
(d) For purposes of the foregoing provisions, “commercial vehicles” are hereby defined as:
(1) Motor vehicles bearing the vehicle identification number as set forth in the most recent editions of the National Auto Theft Bureau Commercial Vehicle Identification Manual and the National Commercial Vehicle and Offroad Equipment Identification Manual; or
(2) Motor vehicles bearing commercial motor vehicle license plates; or
(3) Those commercial motor vehicles which are too large to fit within any fully-enclosed garage located on the premises.
(e) For the purpose of enforcement with respect to the foregoing, citations or summons shall issue for such violations through the Police or Building Departments. Any appeal regarding the within sections shall be submitted to the Zoning Board of Appeals which shall not grant a variance or special permit unless and until the applicant demonstrates that the use of the vehicle upon the applicant’s premises conforms to the requirements of the Planning and Zoning Code and the Board of Zoning Appeals.
(Ord. 170-90. Passed 12-27-90.)
(f) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.