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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 3 %�/ 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 3 �z