(A) The following vehicles may be parked on any city street; provided, said vehicle (with attachment when allowed) does not exceed 22 feet in length and is moved after 48 hours:
(1) Automobile;
(2) Motorcycle;
(3) Pickup truck without attachment such as a snow plow blade, tow bar or the like, not exceeding one-ton hauling capacity;
(4) Pickup truck with living quarters or other attachments which do not exceed the width of the pickup cap; and
(5) Non-commercial passenger vans or recreation type vehicles which do not exceed 22 feet in length or 80 inches in width or 80 inches in height.
(B) Other vehicles may be permitted to park on any city street for the purpose of loading and unloading or the making of emergency repairs for a period not exceeding one hour, or at the written direction of a police officer or ordinance officer for a period not exceeding 24 hours.
(C) (1) No more than one of the following type vehicles may be parked on residential lots, exclusive of the driveway area of the premises, if properly licensed and registered and owned by the property occupant:
(a) Automobile;
(b) Motorcycle; and
(c) Pickup truck.
(2) Such parking and storage of said vehicles (other than as permitted in the driveway area of the premises) may not be between the front lot line and nearest line of any residential building on said lot. Any vehicle under this section may only be parked or stored on a hard surface (such as concrete, blacktop or other comparable surfaces, but not gravel).
(D) (1) No more than two of the following type vehicles may be parked and/or stored in permitted areas on residential lots and they shall not be subject to the length, height and width limits set forth in this section:
(a) Recreational type vehicles including travel trailers;
(b) Non-recreational type vehicles including travel trailers;
(c) Motor homes (but not converted buses);
(d) Boats with trailers; and
(e) Snowmobiles with trailers.
(2) Such parking and storage of said vehicles is allowed only in a rear yard. The rear yard shall be as defined in Ch. 159 of this code of ordinances and is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building. Any vehicle under this section may only be parked or stored on a hard surface (such as concrete, blacktop or other comparable surfaces, but not gravel). Any other vehicle not described above must be housed in a garage when not in use.
(3) The city may grant a variance from the requirements of this division (D) as follows:
(a) If a property owner or occupier of the property upon receiving notice from the city as set forth in the section entitled “enforcement” believes he or she cannot comply with the requirements of this section, an application in writing shall be made with the City Engineer’s office within 21 days of receiving the notice from the city. The application shall include the required application fee and be supplemented with a drawing of the lot in question showing the lot dimensions and all setbacks from the neighboring property lines to aid the Zoning Board panel described in division (D)(3)(b) below in the analysis of the requested variance. The application fee shall be $50 and this may be adjusted from time to time by Council resolution.
(b) The request for a variance, for purposes of this division (D) only, shall be reviewed by a panel consisting of three or more members from the Zoning Board of Appeals and, when acting in this capacity, shall be referred to as the “Appeal Board”. Notice of a public hearing to consider the variance shall be sent to the immediate neighboring property owners on each side of the lot in question (including the rear lot neighbor) and to any other neighboring lot owner that the Engineer’s office finds that the front or side yard view of the property owner may be adversely affected.
(c) Following the public hearing, the Zoning Board panel shall decide the best location for the parking and storage of the recreational vehicle, in accordance with the standards below. The Zoning Board panel in making its decision shall consider the purpose of this division (D) and may establish requirements or conditions that will secure substantially the objectives and requirements of this division (D). The Zoning Board panel shall state the reasons for its finding or decision.
(d) The decision on a variance request shall be based on a finding that practical difficulties result from compliance with specific provisions of this division (D). In making its finding, the Zoning Board panel shall take into account the lot configuration where the vehicle is to be parked and stored, the proximity of neighboring residential homes and how their front or side yard view may be obstructed by the vehicle, the objections, if any, of the adjacent property owners, and whether the vehicle has been parked and/or stored in the location requested by the application prior to adoption of this division (D). No variance shall be granted unless the Appeal Board panel finds that:
1. There are special circumstances or conditions affecting said property such that the strict application of the provisions of this division (D) would deprive the applicant of the reasonable use of his or her land;
2. The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
3. The vehicle in question is owned by the owner, tenant or individual who lives at the premises in question and is not being stored for a person who lives at a different location;
4. There is no other practical location on the applicant’s property to park and store the vehicle in order to meet the purpose of this division (D); and
5. The applicant had been parking or storing the vehicle at such location at the time of the adoption of this division (D). The applicant bears the burden of proof on this issue.
(4) In no instance shall a vehicle covered by this division (D) be allowed in the front yard and no more than two of the vehicles covered by this division (D) may be parked and/or stored on a property.
(5) If a complaint is received by the city by an immediate neighbor concerning the possible violation of this division (D), it will be referred to a code enforcement officer for inspection. If the code enforcement officer, upon inspection, finds that the provision of this division (D) is being violated the offending property owner and/or tenant shall be notified by letter with a copy of this division (D) and directed to correct the situation in 21 days. If the violator fails to correct the violation or appeal to the City Engineer’s office in a timely manner, a civil infraction shall be issued to the violator.
(E) Notwithstanding anything elsewhere above in this section to the contrary, the following vehicles are expressly prohibited from being parked on any residential lots:
(1) Semi-trucks;
(2) Buses;
(3) Cube trucks/van style vehicles;
(4) Stake trucks;
(5) Wreckers;
(6) Dump trucks; and
(7) Other commercial type vehicles.
(F) Any permitted vehicles of the type described in divisions (C) and (D) above owned by the property occupant may be parked or stored on the residential lot subject to the requirements set forth above in divisions (C) and (D) above and subject to the following conditions.
(1) Vehicles parked or stored shall not have fixed connections to electricity, water, gas or sanitary sewer facilities, and at no time shall said vehicle be used for living, sleeping or housekeeping purposes.
(2) All vehicles must be kept in good repair and carry a valid registration plate. Good repair shall mean the vehicle is operable and meets all of the safety requirements of the Uniform Traffic Code and Michigan Vehicle Code.
(G) No person shall spill or drain any wastewater or liquid waste of any kind from any vehicle upon the ground or upon any paved area.
(H) No person shall remove or cause to be removed the wheels or tires from any vehicle, except for the purpose of repair which shall be limited to 72 hours, nor shall any person elevate, block or stabilize any such vehicle other than with jacks designed, provided and intended for such purpose.
(I) Any member of the Police Department or ordinance officer of the city shall have the authority to enter and inspect at any reasonable time any premises upon which the vehicles are parked, used or occupied for the purpose of ascertaining that the owner, operator or occupant thereof is complying with all statutes, ordinances, rules and regulations in such cases made and provided.
(Prior Code, § 35-46) (Ord. 987, passed 11-14-1994; Ord. 989, passed 3-20-1993; Ord. 1049, passed 6-15-1998; Ord. 1097, passed 9-25-2000; Ord. 1249, passed 10-24-2005; Ord. 1250, passed 12-5-2005) Penalty, see § 72.999