Title 7 - Health and Sanitation

7.22.070 Commercial and Other Vehicles in Residential Zoning Districts.

1. A.
   In Residential Zoning Districts, the following limitations shall apply:

   1. 1.
      No Vehicle Owner, Property Owner, Resident or Tenant shall park or store a Commercial Vehicle or Former Military Vehicle on a public street, private street or on private property in a Residential Zoning District.
      
            Exemptions:  

      1. a.
         Commercial Vehicles that are part of a lawfully permitted or approved construction project actively underway.
      2. b.
         Commercial Vehicles used in making service calls, deliveries or engaged in legitimate loading or unloading activities.
   2. 2.
      Notwithstanding the above prohibitions, flatbed trucks with or without sidewalls, and Pickup Trucks with a bed and sidewalls different from the traditional pickup bed and sidewalls may be eligible to receive a written administrative approval to allow parking and storage in a residential area if an application is received by the City within five days from the date of a written inspection notice from an authorized City Officer and permitted if it is demonstrated to an Officer of the City that:
   3. 3.
      1. a.

         The length of the vehicle does not exceed 20 feet;

      2. b.

         The width of the vehicle does not exceed 8 feet;

      3. c.

         The height of the vehicle does not exceed 8 feet;

      4. d.

         The top of the highest sidewall is not more than 3 feet above the bed; and

      5. e.

         There is no permanently mounted equipment, such as aerial buckets or platforms, welding equipment, mechanical or hydraulic devices designed to assist in loading and unloading freight;

      6. f.

         Said parking and storage would otherwise comply with all applicable laws, rules and regulations.

1.   
   1.   

      Parking or storage of flatbed trucks with or without sidewalls, and Pickup Trucks with a bed and sidewalls different from the traditional pickup bed and sidewalls, without a lawful written administrative approval, is prohibited.

2. B.
   It shall be unlawful for any Property Owner, Resident, Tenant or Vehicle Owner, agent, operator, or person in charge of any Former Military Vehicle to permit a Former Military Vehicle to be parked, stored or kept on private property in a Residential Zoning District. Each day that a violation of this Section occurs shall be considered a separate violation. The Director may, upon a request submitted in writing, evaluate the original intended use of a particular Former Military Vehicle, the absence or presence of military design, markings, equipment, attachments, modifications, and any other relevant factors, and make a determination in writing that the vehicle is so substantially similar in appearance and function to an ordinary Passenger Vehicle, and suitable for being parked in a residential area, for the vehicle to be exempt from the provisions of this Section and to be subject to the parking regulations applying to a Passenger Car, Passenger Van, Pickup Truck and Motorcycle rather than a Former Military Vehicle. Any alteration of the vehicle after obtaining such a written determination shall void the determination that the vehicle is exempt from this Section.
3. C.
   This Section shall not apply to the parking of a Passenger Car, Passenger Van, Pickup Truck or Motorcycle as a lawful accessory use to a lawful residential use; agricultural equipment parked on property used primarily for agricultural purposes; to Recreational Vehicles, boats or Hauling Trailers parked in compliance with the provisions of this Chapter; to vehicles parked in conjunction with a legal, non-residential use other than a home occupation; or to land that is subject to a special use permit for a non-residential use.
4. D.
   This Section shall not apply to those properties that have a zoning designation based on the Johnson County Zoning Regulations.
5. E.
   No Specially Constructed Vehicle shall be parked or stored lawfully under this Section unless the owner has previously obtained a written administrative approval from an authorized City Officer based on a determination by said Officer that such vehicle is substantially similar to other vehicles permitted under this Section and complies with the intent and purpose of these regulations.
6. F.
   All vehicles must be parked or stored on the principal legal residence of the registered owner of the vehicle. If the vehicle in question is not required or permitted to be registered, sufficient documentation of ownership must be presented to and approved by the City upon request.

(History: Ord. PMV-3351 §2, 2021; Ord. PMV-2921 §1, 2011; PMV-2881 §7, 2010; PMV-2833 §1, 2009; PMV-2577 §2, 2008; PMV-1962 §1, 95; PMV-1953 §1, 95; PMV-1900 §7, 95)

Effective on: 1/1/1901