Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.
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Sec. 114-57. Parking restrictions in residential zoned districts.
(a) [Right-of-way.] No semi-tractor trailer, construction equipment, truck, or any dump truck, garbage truck, pump-out truck, chemical truck, gasoline truck, fuel or oil truck, or similar vehicles designed to transport waste or hazardous or noxious materials, shall be parked or stored in any residential zoned district, and shall not be parked or stored in the street right-of-way.
(b) Parking any motor vehicle on unpaved area prohibited. Subject to section 114-58, no parking, displaying, or storing of any motor vehicle shall be permitted on any grass surface or other unpaved area in any residential zone, except that one designated parking space may be located on the grass in a required front set back adjacent to and parallel to the driveway located on the property. The size of such designated parking space shall not exceed 9' (c) [Storage or parking of motor vehicles.]The storage or parking of motor vehicles in any side yard or rear/back yard of property in any residential zone shall be limited to areas paved in conformance with Chapter 130, Article 7, Section 4.
(d) [Unpaved driveways.] Properties on which an unpaved driveway existed as of the date of the passage of this section would not be required to pave, but would be subject to all other restrictions contained herein. Provided, however, any such driveways would be required to be paved if the use and maintenance of such driveway and parking area lapses for a period of one year or if the use served by such driveway is expanded.
(e) Variances. In instances where strict enforcement of the requirements of subsections (b), (c), and (d) would cause undue hardship due to circumstances unique to the individual property under consideration, and the granting of such variance is demonstrated to be within the spirit and intent of the provisions of this chapter, the planning commission may grant requests for variances of the requirements of subsections (b) and (c) according to the following guidelines:
(1) The planning commission may modify such requirements to the extent deemed just and proper so as to relieve such difficulty or hardship, provided that such relief may be granted without detriment to the public interest.
(2) When the applicant can show the property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of the piece of property, the strict application of such provisions would prohibit or unreasonably restrict the use of the property, and the planning commission is satisfied that the granting of a variance would alleviate a clear hardship, as distinguished from a special privilege or convenience sought by the applicant, such variance may be granted; provided that all variances shall be in harmony with the intended purpose of this chapter.
(3) Bill of assurances or performance bond. A bill of assurance to the city may be required from the property owner prior to any variance being granted, which shall run with the land and shall set a fixed period of time in which the varied requirement must be provided by the property owner.
(4) Any party aggrieved by the decision of the planning commission in granting or denying a variance may appeal the decision to the city council within 30 days of the planning commission's decision by giving notice thereof to the city clerk.
(f) Exception. The prohibitions set out herein do not apply to the following:
(1) Commercial vehicles or construction equipment during the actual performance of a temporary service on the property where it is parked.
(2) A vehicle making a bona fide pickup or delivery of property or merchandise.
(3) Emergency vehicles.
(Ord. No. 4000, § 1, 1-9-07; Ord. No. 4052, § 1, 4-24-07)
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