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HomeMy WebLinkAboutExhibit - Potential Update to City Code to Change RV Parking Standards on Private PropertyUDC Section Proposed amendment Proposed language Notes/reason 11-1A-1 Add definition of “dismantled vehicle” DISMANTLED VEHICLE: Any vehicle, or parts thereof, which: 1. Cannot be safely operated under its own power; 2. Is missing any one of the following: foot brakes, hand brakes, headlights, taillights, horn, muffler, rearview mirrors, windshield wipers, or adequate fenders; 3. Has been declared salvage, or has been physically damaged to the extent that the cost of parts and labor minus the salvage value would make it uneconomical to repair or rebuild such vehicle; or Is otherwise in a wrecked, inoperative, or dilapidated condition. Code Enforcement had a case regarding a violation of UDC section 11-4-3-37 (specific use standards for major/minor vehicle repair). The violation (among other things) was that dismantled vehicles were not properly screened. The lack of definition of “dismantled vehicle” presented a bar to conviction. 11-1A-1 Update definition of “vehicle wrecking or junk yard” Vehicle wrecking or junk yard. Any area, lot, land, or parcel where two (2) or more vehicles without current registration or two (2) or more inoperable or dismantled vehicles that are not in operating condition (or parts thereof) are stored, dumped, dismantled, partially dismantled or wrecked; or as defined by Idaho Code § 40-111, the use of a site that is maintained, operated, or used for sto ring, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, garbage dumps and sanitary fills. The following uses are excluded from this definition. agricultural equipment on a farm as herein defined and vehicles stored or dismantled within a completely enclosed structure. To intent is that where two qualifying vehicles are in the yard, it is a wrecking yard. But as written, if there is one unregistered vehicle and one dismantled vehicle, it is by definition not a wrecking yard, because the definition envisions two unregistered vehicles or two dismantled vehicles. 11-3C- 4(A)(2) Update provision regarding vehicles that can be parked in the street yard of single- family dwellings 2. Types of vehicles; location of parking. Only automobiles and motorcycles displaying license plates assigned to the vehicle with current registration may be parked in the required street yard. All other vehicles, including, but not limited to, vehicles without current registration, vehicles without license plates, recreational vehicles, personal recreational item s, boats, trailers and/or other vehicles shall only be parked in the rear or side yard and shall be screened by a solid fence, six (6) feet in height. 2. Types of vehicles; locat ion of parking. a. Street yard. The following vehicles may be parked in the street yard: (1) Automobiles and motorcycles displaying license plates assigned to the vehicle with current registration; and (2) One (1) other vehicle, which may include a recreational vehicle or trailer displaying license plates assigned to the vehicle with current registration, or one (1) boat, off-highway vehicle, or specialty off-highway vehicle. Vehicles with a gross vehicle weight rating of 16,000 pounds or more shall not be parked in the street yard. Vehicles parked in the street yard shall not encroach upon any sidewalk or public right-of-way. b. Side yard, unscreened. If no recreational vehicle, personal recreational item, boat, or trailer is parked in the street yard, one (1) of the following vehicles may be parked 1. UDC defines “required yard” and “street yard,” but does not define “required street yard.” Remove the word “required” to avoid confusion. 2. Allowing one RV, boat, or trailer to be stored in the street yard will improve visibility and safety by moving them off the roadways. 3. Neighborhoods that prefer no RV/boat/ trailer storage on residential properties can privately enforce CC&Rs. 4. Code’s enforcement of this provision results in the greatest number of citizen complaints regarding dissatisfaction with the City and with Code Enforcement, especially in neighborhoods without CC&Rs. Several of our older neighborhoods were built prior to the parking standard; at many homes the City has even issued permits for electrical hookups to their RV pad in the street yard. (11-3C-4(A)(2) establishes a standard, not a land use, so nonconforming provisions do not apply.) These citizens are frustrated when the City then requires them to remove their RV from the pad. This standard is especially frustrating for citizens where there is a “neighborhood norm” of parking RVs, boats, and trailers in street yards. Code typically sees a domino effect of finger pointing when responding to a complaint in such neighborhoods. As Code responds to each successive complaint, moving throughout entire neighborhoods, people again feel like they are being “harassed.” in a side yard that is not screened by a solid fence: a recreational vehicle, personal recreational item, boat, or trailer. c. Rear or side yard. Except as otherwise allowed by this section, the following vehicles shall be parked in the rear or side yard and shall be screened by a solid fence, six (6) feet in height: (1) Vehicles other than automobiles and motorcycles; (2) Vehicles without current registration; and/or (3) Vehicles without license plates assigned to the vehicle. 11-3C-4(B) Update provision regarding surface of off-street parking areas at single-family dwellings B. Improvements. 1. Except as allowed in subsection (B)(2) of this section, all off Off street parking areas in the street yard and driveways into and through a parking area in the street yard shall be improved with a compacted gravel base, not less than four (4) inches thick, surfaced with concrete or asphaltic pavement. No person shall park, or allow to be parked, an automobile or motorcycle any vehicle in the required street yard on any surface other than compacted gravel base, not less than four (4) inches thick, surfaced with concrete or asphaltic pavement. 2. Where the parking area is screened by a solid fence, six (6) feet in height, the off street parking areas and driveways shall be improved with a dustless material, including, but not limited to, vegetation, asphaltic pavement, rock, concrete, pavers, bricks, or recycled asphalt Enforcement of standards for parking area surface in rear yard, behind fence/screen, is impractical. Requiring concrete or asphalt parking surface in front yard adequately serves the public purpose of this provision (dust suppression, aesthetic). (asphalt grindings). Gravel is not a preferred improvement material because it must be chemically treated every three (3) months to remain dustless. Such surface will only be allowed at the discretion of the Director for temporary or short-term parking.