HomeMy WebLinkAbout1988-03-08 OrdinanceORDINANCE N3. _
AN ORDINANCE TO REND SECTION 36-58(g) OF THE M.
141CIPAL CODE RELATING TO THE STORAGE OF SPECIAL
VEHICLES AND WATERCRAFT.
WHEREAS, certain itens, such as semi -trailer
trucks, and recreational vehicles, and boats on
trailers, are larger than regular family vehicles,
such as automobiles and vans, and may be obtrusive
if parked or stored in residential areas; and
WHEREAS, it is in the public interest to regulate
the location of storage areas for special vehicles
in `single-family residential areas in order to
minimize the negative impacts of such vehicles and
wetercr-aft on neighboring properties, while respect-
ing they dght of individuals to on and use such
item.
NOW, ORE, BE IT ORDAINED BY THE C COLN-
CIL OF THE C DF IL41A CITY, IM, THAT:
SECTION 1. AbENDhENIS. Section 36-5 g) of the
Code of Mina es is herby deleted a the follow-
ing is inserter 'n lieu ther�f:
a. Definitions.
Special tions,,
Special/iel
y device, more than
seven and one -h if. feet in height or
more than 20 fee th, which is or may
be transported drawn upon a highway,
street or body f ter, including without
limitation, y for vehicle, truck,
trailer, tr tor, mg , vstercraft, or any
canbinati thereof, eeding these dimen-
sions.
Stor a area. A space equal in size to
the o or perimeter of a pecial vehicle,
used or storage of such a v icle.
b. bxc pt for the purpose of king local
d ive-ies, no vehicle design for the
s ipnert of detonable or flamable solids,
/liquids or gases shall be parked stork
on any lot in an R zone.
(2)/Requirenents. In the RR -1, RS -5, RS -8 and
RS -12 zones, special vehicle storage shall
comply with the following requirements:
a. No special vehicle may be stored in a frunt�,
Yard, except on a regularly constructed
aisle for a period of no more than four
days for the purpose of loading and unload-
ing.
b. A special vehicle may be stored inside any
building provided it is rot stored in a
required parking space.
311-1
Ordinance No.
Page 2
O
c. A special vehicle stored outside a building
shall:
1. Belong to the owner or tenant of the
Property on which the vehicle is lo-
r cated, except for special vehicles of
guests, as provided in srbsection 3
below;
2. Be in operational condition and prop-
erly licensed as required by state or
federal law;
3. Pbt be used for dwelling rposes
except by guests of the pro ty owner
for tenant for a period of n more than
X21 consecutive days or 45 ays in any
calendar year (an exte Sion may be
ap roved by the City er or his/her
de ignee);
4. Piot be used for stor ge of items other
than those consider to be part of the
unit; and
5. %t b parked.o stored upon a vacant
d. A Special icl may be stored outside a
building in a qufred side yard (except
along a stree or in a required rear yard,
provided:
hi
feet a a is no closer than thre1. The VE�e (3)
st a lot line, or to a rear
lot line of a eversed corner lot;
2. The �torage ea is surfaced with
crus ed rock, a alt, concrete, or a
similar surface signed and maintained
prevent muddy onditions, erosion,
the flow of water to adjoining prop-
erty, and weal growl . In cases vhere
crushed rock is used, the perimeter of
such storage area she be defined by
bricks, railroad ties or similar
materials; and
3. Pb more than 30 percent o a required
rear yard may be occupied b accessory
structures and a special vehi a stor-
age area.
e. The City %nage• or his/her designee may
Permit outside storage of a special vehic�le
in the required front yard, or the requir
?(&
side yard along a street, provided: \
1. Storage space is not available in or
there is no access to either the side
or rear yard, for purposes of this
section e, a corner lot shall alwoys be
deoned to have access to the rear yard;
30-/
Ordinance flo.
Page 3
and accessory structures and buildings
less than 160 square feet in area, or
vegetation vhich is transplantable, are
not deered to prevent access;
2. Inside storage is not possible because
the size of the special vehicle exceeds
either the space available or the size
Of the entrance available in any exist-
ing building, or both;
3. The special vehicle is parked perpen-
dicular to the street;
4. A planting screen is planted and rnain-
tained in accordance with the Fence and
Hedge Requirurents, Section 36-65, and
the Perfornance Requirerents, Section
36-76(j).
No part of the special vehicle extendg/
beyond the property line or over public
f. Non -conform
I. Aeci
estaplis
Spec 1
the daL
tions,
yard, or
street,
there is
9
3.
4.
ng Storage Areas.
it vehicle nner
h nc conforming
vehicle storage
of adoption of
s located in a i
he required si#
i it can be d6m
or rear yard
side or rea
non -conforming
relocated to
rear yard wib
passage of thf
vehicle
or lessee nay
staty's for a
wnlai, on
se regula-
quired front
yard along a
strated that
ess td either the side
If ioCess to either the
yard is available, a
orage area shall be
er the side yard or
ntwo (2) years after
lation.
s for a special
lished by sutmitting
of Housing and Inspect
(12 mgnths after the da
of t ese regulations) a p
ing the location, design
tW storage area, and
material existing on the
all be estab-
the Oq�artrrent
n Services by
of adoption
1 plan show -
d size of
the surface
After (12 months after the date of
adoption of these regulations),
conforming status of existing special
vehicle storage areas may not be estab\
fished.
A non -conforming special vehicle stor-
age area which is not used for a period
of one (1) year, for any reason, inten-
tional or otherwise, shall not thereaf-
ter be permitted for special vehicle
35L/
Ordinance No.
Page 4
storage unless the area is brought into
full canpliance with these
regulations.
SECTION II. REPEALER. All ordinances and parts of
ordinances in conflict with the provision of this
ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provi-
sion or part of the Ordinance shall be adjudges to
be invalid or unconstitutional, such adjudication
shall t affect the validity of the Ordinance as a
whole any section, provision or part thereof not
adjudg invalid or unconstitutional.
SECTION EFFECTIVE DATE. lhis Ordinance shall
be n e a er 1 s final passage, approval and
publication s required by law.
Passed a approved this
ATTEST:
Rearlvsi 8 A}pmwed
Dy T)cs aVsl Gep rl nl
fS
3 IL/
K
.F
City of Iowa City
MEMORANDUM
Date: March 8, 1988
To: City Council
1
From Douglas W. Boothro recti r,
I spi
Re: Amendments to the Special V hicle Ordinance
1. Consider a motion to amend Section 36-58(g)(1)(a)
"or" between height and more and substituting in
"and". The amendment is as follows:
a. Definitions.
ion Services
leting the word
place the word
Special Vehicle. Every device, more than seven and one-half
(7-1/2) feet in height and more than 20 feet in length,
which is or may be transported or drawn upon a highway,
street or body of water, including without limitation, any
motor vehicle, truck, trailer, tractor, wagon, watercraft,
or any combination thereof, exceeding these dimensions.
2. Consider a motion to amend Section 36-58(g)(1) to add new subparagraph
(c). The amendment is as follows:
C. Commercial vehicles more than 7-172 feet in height shall not
be stored in any residential zone.
3. Consider a motion to amend Section 36-58(2)(f) to add new subparagraph
(3) and renumber consecutively the remaining subparagraphs. The
amendment is as follows:
3. Should any property be sold, conveyed or transferred, the
special vehicle storage area shall thereafter comply with
the provisions of this section.
bdw2/5
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P
AN CRDIWXE TO MEM SECTION 36-58(g) OF RE MJ-
NICIPAL COCE RELATING To J)E STORAGE OF SpECLk
VEHICLES AND MTEPIPAFT.
WJEREAS, certain items, such as semi -trailer
trucks, and recreational vehicles, and boats on
trailers, are larger than regular family vehicles,
such as autarrbiles and vans, and rey be obtrusive
if parked or stored in residential areas. and
MUILAS, it is in the public interest to regulate
the location of storage areas for special vehicles
in single-family residential arras in order to
minimize the negative irpacts of such vehicles and
watercraft on neighboring properties, voile respect-
ing the right of individuals to own and use such
iters.
1'bMI, 11fkE R, BE IT CROgINED BY a CITY CON -
CIL OF TIE CITY OF ICWA CITY, ICWA, THAT:
SECTION I. A%EN)+ NTS. Section 3638(g) of the
Code of Odinances is ha- y deleted and the follow-
ing is inserted in lieu thereof:
(g) _Special Vehicle and Watercraft Parking and
Ston
eral Provisions.
a. Cefinitions.
Special Vehicle. Every device, more than
seven and one-half (7-1/2) feet in height &
mom than 20 feet in length, which is or may
be transported or drawn upon a highvay,
street or body of weter, including without
"rndtatdcn, any nolo- vehicle, truck,
trailer, tractor, vagoo, watercraft, or any
carbination thereof, e(ceeding these diren-
sions.
Storage area. A space, equal in size to
the outer Perileter of a special vehicle,
used for storage of such a vehicle.
b• Except for the Purpose of making local
deliveries, no vehicle designed for the
shipruont of detonable ur flarmable solids,
liquids or gases shall be parked or stored
on any lot in an R zone.
(2) Requirements. In the Pot -1, R6_5, RS_8 and
RS -12 zones, special vehicle storage shall
conPly with the following requirements:
a. Nl special vehicle may be stored in a front
yard, except on a regularly constructed
aisle for a period of no more than four
days for the Purpose of loading and unload-
ing.
b. A special vehicle may be stored inside any
building provided it is not stored In a
required Parking space.
and
c. Commercial vehicles more
than 7j feet In height shall
not be stored In any
residential zone.
3 f-/
Ordinance No.
Page 2
I
A special vehicle stored outside a building
shall:
1. &long to the o4w or tenant of the
property on which the vehicle is lo-
cated, except for special vehicles of
guests, as provided in subsection 3
bel ow;
2. Be in operational condition and prop-
erly licensed as rewired by state or
federal law;
3. Not be used for d el l ing purposes
except by guests of the property owner
or tenant for a period of no more than
21 consecutive days or 45 days in any
calendar year (an extension may be
approved by the City ftager or his/her
designee);
4. Not be used for storage of iters other
than those considered to be part of the
unit; and
5. Not be parked or stored upon a vacant
residential lot.
J. A special vehicle may be stored outside a
building in the required side yard (accept
along a street) or in a required rear yard,
provided:
1. The vehicle is no closer than three (3)
feet to a side lot line, or to a rear
lot line of a reversed corner lot;
2. The storage area is surfaced with
crushed rock, asphalt, concrete, or a
similar surface designed and maintained
to prevent middy conditions, erosion,
the now of vater onto adjoining prop-
erty, and weed growth. In cases vhere
crushed rock is used, the perimeter of
such storage area shall be defined by
bricks, railroad ties, or similar
materials; and
3. % more than 30 percent of a required
rear yard may be occupied by accessory
structures and a special vehicle stor-
age area.
e. The City Manager or his/her designee may
permit outside storage of a special vehicle
in the repaired front yard, or the required
side yard along a street, presided:
1. Storage space is not available in or
there is no access to either the side
or rear yard. for purposes of this
section e, a corner lot shall alvays be
deemed to have access to the rear yard;
3 ��
Ordinance No.
Page 3
and accessory structures and buildings
less than 160 square feet in area, or
vegetation Which is transplantable, are
not damred to prevent access;
2. Inside storage is not possible because
the size of the special vehicle exceeds
either the space available or the size
Of the entrance available in any exist-
ing building, or both;
3. The special vehicle is parked perpen-
dicular to the street;
4. A planting screen is planted and main-
tained in accordance with the Fence and
Hedge Reglireents, Section 35-65, and
the PerfDwence Requirenents, Section
36-76(j).
5. No part of the special vehicle extends
beyond the property line or over public
ricjlt-of-way.
f. Nm -conforming Storage Areas.
1. A special vehicle owner or lessee nay
establish non -conforming status for a
special vehicle storage area vhidl, on
the date of adoption of these regula-
tions, is located in a required front
yard, or the required side yard along a
street, if it can be demonstrated that
there is no access to either the side
or rear yard. If access to either the
side or rear yard is available, a
non -conforming storage area shall be
relocated to either the side yard or
rear yard within bo (2) years after
Passage of this regulation.
2. Non -conforming status for a special
vehicle storage area shall be estab-
lished by sn6m1tting to the Deparbwt
of Housing and Inspection Services by
(12 months after the date of adoption
of these rexplations) a plot plan show-
ing the location, design and size of
the storage area, and the surface
material existing m the storage area.
4. X After (12 nonths after the date of
adoption of these regulations), ron-
confoming stains of existing special
vehicle storage areas may not be estab-
lished.
stab-
1isteed.
s. h- A non -conforming special vehicle stor-
age area Which is not used for a period
of one (1) year, for any reason, inten-
tional or otherwise, shall not thereaf-
ter be permitted for special vehicle
3. Should any property be sold,
conveyed or transferred, the
special vehicle storage area
shall thereafter comply with
the provision of this section.
3411
Ordinance No.
Page 4
storage unless the area is brought intc
full compliance with thesE
regulations.
SECTION II. REPEALER. All ordinances and parts of
wFullidires in conflict with the Provision of this
ordinance are hereby repealed.
SECTION III. SEVMILITY. If any section, provi-
sion or part of the Ordinance shall be adjuted to
be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not
4ujgiedaIuRZ
56 nconstitutional. CVE O4TEThie Ordinance shallna
its fl—nal Passage, approval and
Publication as required by law.
Passed and approved this
ATTEST:
CITY LEW
IGWIv M A APProved
BY The k'gal DtP 't nl
u
P
Ordinance No.
Page 5
It was moved by and seconded by
the Ordinance be a opte , upo
an n roll call there were: that
AYES: NAYS: ABSENT:
Ambrisco
Courtney
Dickson
Horowitz
Larson
McDonald
Strait
First Consideration _
Vote for passage:
Second Consideration
Vote for passage:
Date published
ORDINANCE NO. 88-5369
AN ORDINANCE TO NWEM CFAPTER 36-68, PERIITTED
OBSTRUCTIONS IN YARDS, TO PERIIT GAS PUP CANOPIES.
WHEREAS, canopies over gas punp islands have
becore a popular means of protecting custaners fran
adverse weather conditions; and
HREAS, such canopies are generally supported by
colums centered in gas purp islands and are open on
all sides; and
WfREAS, generally canopies do not obstruct
vision between vehicles or pedestrians and vehicles;
and
WIEREAS, generally canopies do not significantly
add to an appearance of congestion or impair the use
of adjacent properties.
NOW, TNEREFCRE, BE IT WINED BY a CITY CODI-
CIL OF TFIE CITY OF IOWA CITY, TEAT:
SECTION I. PAEP fgr. Section 36-68 is waded by
adding the following subsection:
(b.1) , island. Ihenclosed canopies
ovaguaTsmy
be located in the
requirbe front yard provided the supports
shall be no closer than 10 feet to the right-
of-way line.
SECTION II. REPEALER: All ordinances and parts of
ordinances in can Tict with the provision of this
ordinance are hereby repealed.
SECTION III. SEVERABILITY: If any section, provi-
sion or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE: This Ordinance shall
be in effect after its tnal passage, approval and
publication as required by law.
Passed and approved this 8th day of. March,
188.
�sLccJ �l�G i� a iJ
VAYOR
ATTEST: •►�. •)�,
CITY CLERK
s
It was moved by Dickson and seconded by Ambrisco
that the Ordinance be adapted, and upon roll call there were:
AYES: NAYS: ABSENT:
First Consideration
Vote for passage:
Ambrisco
Courtney
Dickson
Horowitz
Larson
McDonald
Strait
Second Consideration 2/23/88
Vote for passage: yes: arson, , ona , Strait, Ambrisco,
Courtney, Dickson, Horowitz. Nays: None. Absent: None.
Date published 3/16/88
Moved by Ambrisco, seconded by Dickson, that the rule
requiring ordinances to be considered and voted on
for passage at two council meetings prior to the
meeting at which it is to be finally passed be
suspended, the first consideration be waived and
the ordinance be given second consideration at this
time. Ayes: Horowitz, Larson, McDonald, Strait,
Ambrisco, Courtney, Dickson. Nays: `one. Absent:
None.
M
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