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Home My WebLink About2000-2438 - Ordinance - 03/09/2000ORDINANCE NO. 2 4 3 s AN ORDINANCE AMENDING CHAPTER 10, "TRAFFIC REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVER_ABILITY CLAUSE; AND DECLARING A PENALTY. BE 1T ORDAINF. D BY THE CITY COUNCIL OF THE CITY OF COI.T.RGE STATION, TEXAS: PART 1: That Chapter 10, "Traffic Regulations", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon convicton thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to confnue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 9th day of March ,2000. ATTEST: C(~NNIE ttOOKS, City Secretary APPROVED: APPROVED: LYNN ~/V[cILHAN~'Y' May° r / Olgroup/legal/ordmanc/parkinyard2.doc 03102/00 ORDINANCE NO. 2438 Page 2 EXHIBIT "A" That Chapter 10, Section 6, of the Code of Ordinances is hereby amended to read as follows: "SECTION 6: PARKING, STANDING, OR STORING OF RECREATIONAL VEHICLES, TRAILERS OR TRUCKS IN RESIDENTIAL AREAS A. DEFINITIONS (1) Camoer - A separate vehicle designed for human habitation which can be attached and detached to or towed by a motor vehicle. (2) Driveway - Anypaved concrete, asphal.t, gra. vel and/or other impervious surface area on a lot ilesignecl and required to p. rovide direct access for vehicles between a street and private garage, carE. oft, or o~er permitted parking space, or parking area or loadinl~ area, R'ara~ an;:l attached or detached accessory Buildtng located on a lot devel.o"ped Wf0n ff residential dwelling used by the occupant of the premises princil~allv for, but not limited to, the storage of passenger vehicles or other vehicles ~md e~luil5 .merit. Driveways or paved parkt.~ng arias mu~t be substantially free from grass, weeds, or other vegetation and must be adequately maintained. (3) Motor Home - A self-contained vehicle desiRned for human habitation with its own motive power and with a passageway from ~e body of the home to the driver and front passenger seats. (4) Motor Vehicle - A self-propelled device in, upon or by which any person or property is or may be transportec't. (5) Recreational Vehicle - Any motor vehicle or trailer designed or used as a travel trail_er, camper, motor home, tent trailer, boat, boat trailer, camping trailer, or other similar purposes. (6) Residential area or residential lot - shall mean any area or lot occupied by residential dwellings though the area may be zoned for use 6ther than residential. (7) Trailer - A vehicle without motive power desilf~:ned for c.arryin~ persons, animals, or prope .rty on its own structure and to be drawn.~by a vehicle :witl5 motive power. The term shall include, but not be limited to, semi-t/ailer, and utility trailer. Trailer shall not include any trailer defined as a recreaiJonal vehicle. (8) Truck - means any motor vehicle desig~3ed, used or maintained primarily for the transportation of property, with a manufacturer's rated carrying capacity exceeding two thousand (2,000) pounds. (9) Truck-tractor - means any motor vehicle desi~., ed or used primarily for drawing other vehicles. It is intended that the term inclu~les a motor velaicle that is otherwise a truck-tractor that may be engaged with a semi-trailer. REGULATIONS (1) It shall be unlawful for the owner, occupant or person in charge of property used for residential purposes to permit the parking, sm'ding or storm' '~; of frucks, fl'ailers, or mack-tractors as defined herein in residential areas for other Zthan actual supervtsed loading or unloading of goods and passengers. It shall be unlawful for the owner, O/groula/legal/ordmanc/parlanyard2.doc 03/02/00 ORDINANCE NO. 2438 Page 3 occupant or p..erson in charge .of p. roperty used for residential p.urposes to p. ermit the parrung, stanmng or storing ot trillers, trucks, or truck-tractors in residentiil yards or lawns, ~ncluding driveways, for other than actual supervised loading or unloading of goods or passengers. (2) It shall be unlawful for the owner, occupant or person in charge of property used for res, ide, ntial pu~oses .to permit the parking, standing or storing olr recreational vehicles on res:clential streets for a period of ttme in excess of seventy-two (72) hours within any thirty (30) day period. (3) It shall be unlawful for the owner, occui~ant or person in charge of property used for resi,de.n, fial purposes to permit the parkim~, standin~ or stonng oi= motor vehicles, exc~umng recreauonal' ve'htcles' on yards or'l-awns . excluding,, driveways, paved parking areas, or areas screened from pubhc view by fencmg. (4) It shall be unlawful for the owner or occupant of a vehicle, other than recreational vehicles, to park or permit the parking, standing or storin~ of such vehicle on the yards,or l,a.wns of property used for residential purposes. Parking on dfivevf, ays or paveo parrang areas or areas screened from publ,c v,ew by fencing ~s permitted. SPECIAL EXCEPTIONS (1) A special ..exception may be granted to any person identified in Subsection B above, ~con application to andapp, roval by the Z6ning Board of A.djustment. The Zoning oard o[ Adiustment shall have the authority to accept apphcations for special ex- ceptions for tlae parking of vehicles on front yard lawns in residential areas. (2) The Zonin~ Board of Adjustment shall hear and consider applications for special excep,tions tot the parking of vehicles on residential yards. The Board may issue spectal exceptions wl~ere tt determines that the issuance will not be contrary to the public interest, where owinl~ to special conditions, a literal enforcement of the provisions of the ordinance vTill resfilt in unnecess.ary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. In the event that the Board determines that a special exception shall be issued, then it m.ay impose such restrictions as it deems necessary to protect the character of the neighlSorhood. Such restrictions may include, but are not]imited to, screening and landscaping. (:3) The. Zoning Board of A. djustment shall have the authority, upon ten days written nonce, to set a hearing date to consider whether or not the terms of the special ex- ception have been complied with upon presentation of evidence by the City staff and p. ermittee. Upon a findinl~: that the terms of the sp. ecial exception have been violated, ihe Zoning Board of Kdlustment' shall have. ihe. authority,, to revoke, suspend, maintain or alter the terms of the special exceptton tssued. EXEMPTIONS Residential pronerties zoned A-O A-OX, contained in Su[~section B of this ~'ection. or A-OR shall be exempt from the regulations O/group/l~gal/ordlnanc/parklnyard2.doc 03/02/00