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That which is underlined is added and that which is stricken through is
deleted.
ORDINANCE
NO. 4052
AN ORDINANCE AMENDING
CHAPTER 114 OF THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE,
AKRANSAS.
WHEREAS, Chapter
114-57 of the Code of Ordinances of the City of Springdale, Arkansas
contains the regulations pertaining to parking restrictions in
residentially zoned districts;
WHEREAS,
Chapter 114-57 of
the Code of Ordinances of the City of Springdale, Arkansas, is in need
of revision to clarify issues pertaining to the parking of motor
vehicles in side yards and back/rear yards;
WHEREAS,
Chapter 114-58 of
the Code of Ordinances of the City of Springdale, Arkansas contains the
regulations pertaining to the parking and storage of certain types of
vehicles;
WHEREAS,
Chapter 114-58 of the Code of Ordinances of the City of Springdale,
Arkansas, is in need of revision to clarify issues pertaining to the
parking and storage of certain vehicles;
WHEREAS,
it is in the best interest of the City of Springdale, Arkansas, for the
City Council of the City of Springdale, Arkansas, to amend Chapter 114
of the Code of Ordinances of the City of Springdale, Arkansas.
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 is
hereby amended to 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)
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.
c)d) 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)e) Variances.
In instances where strict enforcement of the requirements of subsections
b), and 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.
e)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.
Section 2:
Section 114-58 of the
Code of Ordinances of the City of
Springdale
is hereby amended to 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, all-terrain 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, all-terrain 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, all-terrain 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, all-terrain
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, all-terrain 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,
all-terrain 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:
All-terrain vehicle shall mean every three-wheeled, four-wheeled, or
six-wheeled
vehicle seventy-five inches (75") or less
in
width,
equipped with low
pressure tires designed primarily for off-road recreational use,
and
having an
engine displacement of no more than one thousand cubic centimeters (1000cc).
The term "all-terrain vehicle" shall not
include any golf cart, riding
lawnmower, or lawn or garden tractor;
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:
All other provisions
of Chapter 114 of the Code of Ordinances of the City of Springdale,
Arkansas, not specifically modified herein shall remain in full force
and effect.
PASSED AND APPROVED
this 24th day of May, 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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