(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 the issuance of a special permit by the Board of Zoning 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) Division (a) hereof shall apply to any residential use district classed as U-1, U-2, U-3 or U-4, or any other district used for human habitation and shall also apply in use district U-5.
(Ord. 84-38. Passed 8-6-1984.)
(c) The foregoing prohibition shall not apply to motor vehicles which have valid passenger license plates issued by the state, nor 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 as may be in compliance with the directions 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.
(Ord. 86-9. Passed 3-3-1986.)
(d) For the purposes of the foregoing provisions, "commercial vehicles" are hereby defined as:
(1) Motor vehicles bearing commercial motor vehicle license plates; or
(2) Any motor vehicle bearing any name, logo, symbol, and/or words identifying any trade, business or profession with or without any address and/or telephone number regardless of the type of license plate thereon.
(3) Any motor vehicle equipped with exterior racks, containers or devices for the storage and/or transportation of ladders, ground or vehicular mounted power tools, construction materials, e.g., lumber, pipe, masonry, plumbing and/or electrical materials or business inventory regardless of the type of license plate thereon.
(e) It shall be an affirmative defense to a charge of violating division (d)(2) or (d)(3) hereof that such vehicle was not being used or equipped in conjunction with a trade, business or profession.
(f) 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 Board of Zoning Appeals which shall not grant a variance unless and until the applicant demonstrates that the use of the vehicle upon the applicant's premises conforms to Sections 1240.11, 1240.15 and 1250.02 of the Planning and Zoning Code, as well as all other requirements of the Board of Zoning Appeals.
(1982 Code, § 351.18) (Ord. 84-38. Passed 8-6-1984; Ord. 95-02. Passed 2-21-1995.)