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ORDINANCE NO. 3400
AN ORDINANCE PROHIBITING CERTAIN
PARKING IN RESIDENTIAL ZONING DISTRICTS WITHIN THE CITY OF SPRINGDALE,
ARKANSAS; AND FOR OTHER PURPOSES.
WHEREAS, the City
Council for the City of Springdale, Arkansas finds that for the purpose
of preserving attractive residential areas and for protecting the
investment of citizens in their real property within the City and promoting
safe, unimpeded traffic circulation throughout such neighborhoods, the
following parking restrictions shall apply in residentially zoned
districts, as shown on the official zoning map;
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL FOR THE CITY OF SPRINGDALE, ARKANSAS:
Section 1: Section
114-57 of the Code of Ordinances of the City of Springdale shall read as
follows:
Section 114-57. Parking restrictions
in residential zoned districts.
a) 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'
x 19'. Access to such designated parking space shall be by way of the
property's driveway. If the designated parking space is not maintained
with adequate grasses or other plants and/or landscaping materials to
keep the area from becoming rutted, muddy and/or soil from being blown
or washed away and is identified as a violation of this provision,
such designated parking area shall be paved by the property owner in
accordance with Chapter 130, Article 7.
c) Properties on which an unpaved
driveway existed as of the date of the passage of this ordinance 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 (1) year or if the use served by
such driveway is expanded.
d) Variances.
In instances where strict enforcement of the requirements of subsections
b) and c) 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.
e) 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.
Section 2: Section
114-58 of the Code of Ordinances of the City of Springdale shall read as
follows:
Section 114-58. Parking and storage of
certain vehicles.
a) Inoperative motor vehicles (as
defined in Chapter 42, Section 76) shall not be parked or stored on any
residentially zoned property, as shown on the official zoning map, other
than in a carport or a completely enclosed building.
b) In residentially zoned areas of
the city, as shown on the official zoning map, it shall be unlawful to
park or leave a boat, recreational vehicle, utility trailer, or trailer
of any kind, on any residential lot, except as specifically provided
below:
1) A recreational vehicle, boat,
trailer, or utility trailer may be parked or left in the rear yard, not
closer than eight (8) feet to the rear lot line or in a side yard not
projecting beyond the front roof line.
2) No recreational vehicle, boat,
trailer, or utility trailer may be parked in the front yard between the
paved edge of any street and a dwelling or garage (whichever is closer
to the paved edge of the street), unless it is parked or left on a
garage driveway or other paved surface area which is immediately
adjacent to and an expansion of the garage driveway. Further, no
recreational vehicle, boat, trailer, or utility trailer shall be parked
closer than ten (10) feet to the paved edge of any street.
3) The total number of recreational
vehicles, boats, trailers, or utility trailers (other than passenger
vehicles) which may be parked, as permitted in 1) or 2) above, shall be
limited to two (2), not including those kept in a garage. Further, only
one recreational vehicle, boat, trailer, or utility trailer may be
parked or stored between the paved edge of any street and a dwelling or
garage (whichever is closer to the paved edge of the street).
4) A recreational vehicle, boat,
trailer, or utility trailer shall not be parked or stored where such
parking or storage shall constitute a clear and demonstrable vehicular
traffic hazard, or be a threat to public health or safety.
5) It shall be unlawful to park a
recreational vehicle, boat, utility trailer, or trailer of any kind,
upon a public street, except when it is actually being loaded, readied
for use, or unloaded, but in no event longer than twenty-four (24)
hours.
6) It shall be unlawful to use a
recreational vehicle, which otherwise complies with the provisions
above, for temporary on premises dwelling purposes for more than seven
(7) days total in any continuous twelve (12) month period.
7) The parking of a recreational
vehicle, boat, trailer, or utility trailer as described in 2) above
shall effect a violation of this ordinance if it results in the parking
of other vehicles upon a public street.
c) For purposes of Section 114-57,
114-58, and 114-59 the following definitions shall apply:
Boat shall mean all types of watercraft,
whether registered, unregistered, licensed or unlicensed. The term boat
shall include any wheeled trailer or other device on which such boat is
or may be kept, stored, or transported, whether registered or
unregistered, licensed or unlicensed.
Commercial vehicle shall mean a motor vehicle used primarily in a
commercial enterprise.
Front yard area shall mean the area
between the plane of the front elevation of the main portion of a
dwelling unit extending to the side property lines and the front
property line abutting the street, including the driveway.
Motor vehicle means every device capable
of being moved upon a public highway and in, upon or by which any person
or property is or may be transported or drawn upon a public highway,
excepting devices moved by human or animal power or used exclusively
upon stationary rails or tracks.
Park shall mean to place or leave for the
purpose of convenient departure from or return to the vehicle in
connection with a planned trip, outing or vacation, including the
processes of loading or unloading the vehicle and preparation of the
vehicle.
Paved shall mean a surface paved or
covered with a constructed surface of concrete, asphalt, or similar
materials, but excluding debris, to establish a permanent surface for
the parking storage, or placement of any boat, recreational vehicle, or
utility trailer.
Recreational vehicle shall mean any unit
primarily designed as a living quarters for recreation, camping, or
travel use which either contains its own motive power as in the case of,
but not limited to, motor homes, motor coaches, mini-motor homes, or
recreational vans or is permanently mounted on a vehicle such as a truck
camper or pickup camper.
Residential lot shall mean a parcel of
land located in a residentially zoned district, as established on the
official zoning map, of at least sufficient size to meet minimum
requirements of the district in which it is located. Such lot shall have
frontage on an improved public street, or on an approved private street,
and may consist of:
(1) A single lot of record.
(2) A portion of a lot or record.
(3) A combination of complete lots of
record, of complete lots of record and portions of lots of record, or of
portions of lots of record.
(4) A parcel of land described by
metes and bounds.
Store shall mean to place for the purpose
of preserving, protecting and securing it for a period in excess of
twenty-four (24) hours.
Trailer shall mean, but is not limited to,
any vehicle designed or utilized for the transportation of a boat,
automobile, snowmobile, livestock, cargo or similar items or as living
quarters for recreation, camping or travel use as in the case of a
travel, tent, camp, popup or 5th wheel trailer, which do not have motive
power of its own, but is designed to be drawn by vehicle.
Truck shall mean any semi-tractor or any commercial vehicle with a
licensed weight of 6,001 pounds or above.
Utility trailer shall mean a vehicular
structure or device with or without its own motive power, licensed or
unlicensed, designed and/or used for the transportation of goods or
materials.
Section 3: Section 114-59 of the Code of Ordinances of
the City of Springdale shall read as follows:
Section 114-59. Street Parking and
Emergency access routes.
a) Except as authorized in Section 114-53 and Section 114-57,
no motor vehicles shall be parked or stored:
1) On the side of
any street which is designated on the Master Street
Plan (Section 90-51) as a freeway, minor collector, major collector, or
principal arterial street.
2) On the side of
any street designated as an emergency access route, and on which a sign
has been placed stating "Emergency Access Route: No Parking this Side
of Street".
b) The city council hereby authorizes and empowers the fire
department, police department, and street department to work jointly in
such manner as they see fit to designate and make certain city streets
as emergency access routes; to purchase or have constructed signs or
signals to mark such emergency access routes, and to change or modify
such routes or markings as they deem necessary or desirable.
PASSED AND APPROVED
this 9th day of January, 2007.
/s/
Jerre M. Van Hoose,
Mayor
ATTEST:
/s/
Denise Pearce, City Clerk
APPROVED AS TO FORM:
/s/
Jeff C. Harper, City Attorney
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