§ 72.03. Parking of commercial vehicles in residential zones.

(a)

Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Bus. Every vehicle designed to seat and carry 12 or more persons within it.

Commercial vehicle. Every vehicle designed, used, or maintained primarily for the carriage of goods with a gross vehicle weight of 10,000 pounds or more; has the capacity to transport more than ten passengers, including the driver; or is used to transport hazardous materials. However, vehicles with a gross vehicle weight of less than 10,000 pounds shall be classified as commercial vehicles if they meet any of the following classifications:

(1)

Dump trucks;

(2)

Tow trucks or wreckers;

(3)

Flat bed trucks and stake bed trucks;

(4)

Specifically designed trailer-hauling vehicles (Mini Mack, Peterbuilt, and the like);

(5)

Step vans;

(6)

Chemical tank trucks; or

(7)

Any pickup or van openly or outwardly storing equipment, materials or supplies. Commercially manufactured camper-type toppers or shell toppers and canvass or tarpaulin covers securely fastened to the vehicle may be utilized to cover or enclose equipment, materials or supplies. Open storage of ladders on racks designed and installed for that purpose will be acceptable, provided the ladders do not extend beyond the ends of the vehicle.

(8)

Six wheel trucks unless used primarily for noncommercial purposes. Six wheel trucks shall be presumed to be commercial vehicles, which presumption may be rebutted upon application to the city manager or his designee. The criteria the city manager, or his designee, shall consider in such review are as follows:

a.

Ownership. Whether owned by a business or an individual.

b.

Equipment. Whether there is attached to the vehicle any equipment generally utilized for commercial purposes.

c.

Signage. Whether there is any signage on the vehicle.

d.

Use. Actual use of the vehicle as indicated by the applicant.

Heavy equipment. Every motor vehicle designed or equipped with machinery for use in the nature of well drilling, excavation, construction, spraying and lawn mowing, but not that normally used for private residences, and the like.

Parking. The leaving or allowing of a vehicle to remain within a radius of 1,320 feet in all directions from the place wherein the motor vehicles was first stopped.

(b)

Restrictions on commercial parking. It is declared unlawful for any individual to park or cause to be parked any commercial vehicle, bus, or heavy equipment, as defined herein in any residential zone or on any streets abutting lots so zoned.

(c)

Exceptions. Nothing contained in subsection (b) above, shall apply to the following situations:

(1)

To the temporary parking of such vehicles on private property in residential districts whereon construction is under way for which a current and valid building permit has been issued by the city and the permit is properly displayed on the premises;

(2)

Where the vehicle is involved in making deliveries or providing a service, or performing public utility repairs and isolated instances of routine maintenance and repair to a residence and the curtilage thereof;

(3)

To a situation where a vehicle becomes disabled and as a result of the emergency is required to be parked within a residential district for longer than one hour. However, any such vehicle shall be removed from the residential district within 24 hours by wrecker towing, or by other appropriate means, regardless of the nature of the emergency;

(4)

Where the vehicle is completely enclosed in a garage or similar type structure containing four walls and a roof.

(5)

Pick-up trucks and vans, as defined in subsection (a)(7) of this section, shall be permitted to park in residential zones for a period not to exceed one hour between the hours of 7:00 a.m. and 8:00 p.m. This exception is in addition to and not in limitation of the exception provided in subsection (c)(2) of this section.

(6)

To the service vehicle of a local government which is parked on a driveway and being utilized by an on-call employee for an essential government service.

(d)

Time periods. The time periods referred to hereinabove shall commence at the time of first stopping or parking unless a permit is first obtained from the police department.

(e)

Conflicts. This section is primarily for the purpose of protecting residential zoning. Therefore, any ordinances of this city or laws of this state providing for the regulation of motor vehicles, are in addition to this section, and wherever any provision of some other ordinance or applicable statute, whether primarily for the regulation of motor vehicles or for the purposes of zoning, imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of this section, then the more stringent requirements, regulations, restrictions, or limitations shall apply.

('78 Code, § 20-2; Ord. 78-34, passed 10-10-78; Am. Ord. 84-71, passed 7-10-84; Am. Ord. 90-61, passed 7-9-90; Am. Ord. 90-85, passed 10-8-90; Am. Ord. 92-32, passed 5-26-92; Am. Ord. 92-79, passed 12-7-92; Am. Ord. 10-13, § 1, passed 3-22-10)

Cross reference

Penalty, see section 72.99.