Zoning Board of Appeals

1 of 34 AGENDA ZONING BOARD OF APPEALS SPECIAL MEETING Date: Tuesday, October 10, 2023 Time: 4:00 P.M. Where: City Hall, Room 301 1. Call to Order 2. Attendance 3. Additions or Deletions to the Agenda 4. Unfinished Business 5. New Business Z08-23 ZONING VARIANCE REQUEST: Petition from Jim Fish for property located at 31 E Kingman Ave., Battle Creek, MI. Requesting a dimensional (non-use) variance allowing for the paving of more than 40% of the front yard area for the purpose of creating sufficient parking space for two vehicles on an improved driveway. Pursuant to Sections 1261.02 and 1280.03 for Parcel #6810-18-021-0. 6. Approval of Minutes: September 12, 2023 7. Comments by the Public 8. Comments by the Members 9. Adjournment 10 N. DIVISION ST. P.O. BOX 1717 BATTLE CREEK MICHIGAN 49016-1717 PHONE (269) 966-3320 FAX (269) 966-3555 WWW.BATTLECREEKMI.GOV  2 of 34 CITY OF BATTLE CREEK ZONING BOARD OF APPEALS 10 North Division, Battle Creek, MI 49014 MINUTES FOR MEETING SEPTEMBER 12, 2023 MEETING CALLED TO ORDER: By Chairperson Moreno at 4:00 p.m. BOARD MEMBERS PRESENT: Comm. James Moreno, present Comm. Michael Delaware, present Comm. Bill Hanner, present Comm. Noris Lindsey, present Comm. Chris Rogers, absent Comm. Janine Reed, present Comm. Reagan Smith, present Alternate Comm. Jack McCulley, present STAFF PRESENT: Melody Carlsen, Administrative Assistant, Travis Sullivan, Planning and Zoning Administrator, Marcel Stoetzel, Deputy City Attorney. ATTENDANCE: Chair Moreno asked for attendance to be noted. ADDITIONS OR DELETIONS: Note: Corrected August 8th meeting minutes emailed to the body on September 6th for review. UNFINISHED BUSINESS: None. NEW BUSINESS: A) Z05-23 ZONING VARIANCE REQUEST: Petition from Hayden Eldred for property located at 2785 Gethings Rd., Battle Creek, MI. Requesting a dimensional (non-use) variance for the construction of an accessory building located in the front yard of the property. Pursuant to Sections 1260.01 and 1280.03 for Parcel #0071-00-190-0. Staff Presentation: Travis Sullivan gave the staff report for 2785 Gethings Rd. Variance request for the construction of an accessory building located in the front yard of the property. Staff is recommending approval of this request as, based on the information provided, the Applicant is seeking relief from a hardship created by a combination of topographical conditions, soil conditions and the location of public utilities on the property. Correspondence: None. Applicant Presentation: Hayden Eldred was present to speak and answer questions from commissioners. 1  3 of 34 Questions from Commission: None. Public Comment: None. Internal Board Discussion: None. MOTION MADE BY MICHAEL DELAWARE FOR THE APPROVAL OF APPEAL #Z05-23 WITH THE RECOMMENDATIONS MADE BY STAFF. SECONDED BY JANINE REED. ROLL VOTE: Comm. James Moreno YES Comm. Michael Delaware YES Comm. Bill Hanner YES Comm. Noris Lindsey YES Comm. Janine Reed YES Comm. Reagan Smith YES Comm. Jack McCulley YES ALL IN FAVOR, NONE APPOSED. MOTION APPROVED. B) Z06-23 ZONING VARIANCE REQUEST: Petition from Washington Heights United Methodist Church for property located along Greenwood Ave between Jordan St to the west and Hubbard St to the east, Battle Creek, MI. Requesting a dimensional (non-use) variance in order to split the existing parcel into six subsequent parcels, with one of the newly created parcels unable to meet the 50 ft. minimum lot width requirement. Pursuant to Sections 1240.07 and 1280.03 for Parcel #3900-00-027-0. Staff Presentation: Travis Sullivan gave the staff report for parcel #3900-00-027-0. The Applicant is seeking relief from the Zoning Board of Appeals in the form of a non-use variance to allow for the splitting of the existing parcel into six subsequent parcels (with one new parcel unable to meet the required minimum width). Staff is recommending approval of this request, as all information available to the Applicant prior to the completion of an official survey indicated that the parcel measured 300’ in width (and could therefore be legally divided into six subsequent parcels). Correspondence: None. Applicant Presentation: Monique French, Pastor of Washington Heights United Methodist Church and Krista Trout-Edwards of Calhoun County Land Bank Authority were present to speak and answer questions from commissioners. Questions from Commission: Norris Lindsey questioned what the ultimate goal of this project would be. 2  4 of 34 Public Comment: Pastor Monique French spoke in favor of the appeal as it would bring much needed housing into the community. Joey Houle of 143 Hubbard Street spoke against the appeal. Some confusion between her property line and the Church’s property line. Internal Board Discussion: Janine Reed expressed concerns related to Joey Houle, of 143 Hubbard Street, and her concerns over the discrepancies of the property line. MOTION MADE BY MICHAEL DELAWARE FOR THE APPROVAL OF APPEAL Z06-23. SECONDED BILL HANNER. ROLL VOTE: Comm. James Moreno YES Comm. Michael Delaware YES Comm. Bill Hanner YES Comm. Noris Lindsey YES Comm. Janine Reed YES Comm. Reagan Smith YES Comm. Jack McCulley YES ALL IN FAVOR, NONE APPOSED. MOTION APPROVED. C) Z07-23 ZONING VARIANCE REQUEST: Petition from Washington Heights United Methodist Church for property located along Moffitt Pl between Jordan St to the west and Hubbard St to the east, Battle Creek, MI. Requesting a dimensional (non-use) variance in order to split the existing parcel into six subsequent parcels, with one of the newly created parcels unable to meet the 50 ft. minimum lot width requirement. Pursuant to Sections 1240.07 and 1280.03 for Parcel #3900-00-017-0. Staff Report: Travis Sullivan gave the staff report. The Applicant is requesting a dimensional variance from the City’s current 50-foot minimum lot width requirement as set forth in Section 1240.07 (R-1B Single-Family Residential District). If approved, the proposed variance would allow for the property’s owner to split the “parent” parcel into six subsequent “child” parcels, with five of the six parcels measuring 50’ in width, and the remaining parcel measuring 49.89’ in width. Applicant Presentation: Monique French, Pastor of Washington Heights United Methodist Church, 153 N Wood St., and Krista Trout-Edwards of Calhoun County Land Bank Authority were present to speak and answer questions from commissioners. Questions from Commission: None. 3  5 of 34 Public Comment: None. Internal Discussion: None. MOTION MADE BY REAGAN SMITH TO APPROVE APPEAL Z07-23. SECONDED BY BILL HANNER. ROLL VOTE: Comm. James Moreno YES Comm. Michael Delaware YES Comm. Bill Hanner YES Comm. Noris Lindsey YES Comm. Janine Reed YES Comm. Reagan Smith YES Comm. Jack McCulley YES ALL IN FAVOR, NONE APPOSED. MOTION APPROVED. APPROVAL OF MINUTES: August 8, 2023 MOTION MADE BY BILL HANNER TO APPROVE THE AUGUST 8, 2023 CORRECTED MEETING MINUTES, SECONDED BY REAGAN SMITH. ROLL VOTE: All in favor to signify by saying “aye”: ALL IN FAVOR, NONE APPOSED. MOTION APPROVED. COMMENTS BY THE PUBLIC: Monique French, 153 N Wood Street thanked the body for the approval of the variance. COMMENTS BY STAFF AND COMMISSION MEMBERS: Commissioner James Moreno, Zoning Board of Appeals Chairperson, asked Staff if training could be brought in for board members based on his concerns that the Body stepped outside the constraints of the Zoning Board of Appeals at a previous meeting. ADJOURNMENT: Chairperson Moreno adjourned the meeting at 4:27 p.m. Submitted by: Melody Carlsen, Administrative Assistant, Planning and Zoning 4  6 of 34 Battle Creek Zoning Board of Appeals Staff report for the October 10, 2023 Meeting To: Zoning Board of Appeals From: Travis Sullivan, Planning and Zoning Administrator Date: October 3, 2023 Subject: Variance Request: Z08-23 Petition from Jim Fish for property located at 31 E Kingman Ave., Battle Creek, MI. Requesting a dimensional (non-use) variance allowing for the paving of more than 40% of the front yard area for the purpose of creating sufficient parking space for two vehicles on an improved driveway. Pursuant to Sections 1261.02 and 1280.03 for Parcel #6810-18-021-0. Summary The applicant, Jim Fish, is petitioning the Zoning Board of Appeals to keep the paved portion of the front yard of the subject property (31 E Kingman Ave., Parcel #6810-18-021-0) in excess of 40% as it currently exists. During the summer of 2023, the applicant was notified that an addition to the existing driveway had exceeded the maximum percentage of a front yard area which may be paved (40%, as governed by Section 1261.02(d.3.B). The applicant’s intent in the laying of additional paving was to create enough parking space for a second vehicle, as the width of the subject property (33 feet) combined with the location of the home does not provide adequate off-street parking space for the single- family use of the property. The applicant is seeking relief from the Zoning Board of Appeals in the form of a non-use variance to allow for front yard paving in excess of the provisions of Section 1261.02(d.3.B), with the unusually narrow width of the lot, along with the configuration of the single-family home providing the basis for a hardship imposed upon the property owner. Staff is recommending approval of this request as the 33-foot width of the subject parcel does not provide adequate space for off-street single-family parking, with strict application of the provisions of Section 1261.02(d.3.B) depriving the applicant of the dimensional ability to utilize the subject property in a fashion consistent with other similarly used properties located within the R-1B Single-Family Residential District. Background Information  7 of 34 Petition No. Z08-23 31 E Kingman Ave., Parcel #6810-18-021-0 This petition is from Jim Fish of 31 E Kingman Ave. (Parcel #6810-18-021-0). Over the summer of 2023, the applicant paved a portion of the property’s front yard area to allow for an additional parking space to serve the single-family use on the site. During the course of its routine operations, the Community Services Department discovered that the paving job had occurred, and that the paving likely exceeded the maximum allowable front yard paving space of 40%. Following the issuance of a notice of violation, planning staff worked with Mr. Fish in his efforts to apply for a non-use variance to allow for the additional front yard paving to remain. Given the relative obscurity of the maximum allowable percentage of front yard paving referenced in Section 1261.02(d.3.B), it appears probable that the applicant was unaware of the maximum percentage prior to the installation of the new paving. Further, the City has historically not required permits for the installation of single-family driveways (with the exception of the portion of such a driveway which would connect to the driveway to the street across the City-owned right-of-way, which would require a right-of-way permit from the Department of Public Works). Following the discovery of the additional paving at 31 E Kingman Ave., as part of a broader discussion, staff began researching potential options to both educate the public regarding paving regulations, as well as provide for a permitting process to ensure that a property owner receives confirmation prior to the installation of new paving that said project would comply with Section 1261.02(d.3.B). Upon inspection of Section 1281.04 (Site Plan Review) it was discovered that “Construction or replacement of a fence, sheds, signage, or driveways” are designated as activities requiring administrative review of building and zoning permits per Section 1281.03. Having discovered this requirement, staff has begun work on devising an application process for residential driveway paving which is intended to clarify the relevant regulations and provide an assurance to an applicant that a proposed paving project fully complies with all applicable ordinance requirements, or alternatively inform an applicant of the potential need for a non-use variance. The figures below will provide board members with an aerial depiction of the subject property (Figure 1), an approximate square footage measurement of the front yard area (Figure 2), and an approximate square footage measurement of the front yard area which contains driveway pavement (Figure 3). Figure 4 provides an overview of the zoning districts of both the subject parcel and the general vicinity. *Of important note, Section 1230.06 (Definitions) defines the term “Front Yard” as follows: “That area measured by the full width of the lot line abutting a street right-of-way to a depth measured from such lot line to the first supporting member of the main structure. The first supporting member includes the main building or any projection thereof, other than the usual steps, entranceways, unenclosed balconies, or open roofless porches.” When measured (approximately) using the City’s GIS measuring tool, the applicant has covered 409.2 sq. ft. of the available 690.5 sq. ft. of front yard space, resulting in driveway coverage of approximately 59.3%. 2  8 of 34 Petition No. Z08-23 31 E Kingman Ave., Parcel #6810-18-021-0 Figure 1: Aerial illustration of the subject parcel (6810-18-021-0) outlined in teal. 3  9 of 34 Petition No. Z08-23 31 E Kingman Ave., Parcel #6810-18-021-0 Figure 2: Aerial photo of the subject parcel (6810-18-021-0) with front yard area shaded. Square footage of the front yard area (approximate) is included in the measurement box. Figure 3: Aerial photo of the subject parcel with paved area shaded. Square footage of paved area (approximate) is included in the measurement box. 4  10 of 34 Petition No. Z08-23 31 E Kingman Ave., Parcel #6810-18-021-0 Figure 4: 31 E Kingman Ave. (Parcel #6810-18-021-0) and vicinity zoning map. Subject parcel is indicated with a yellow star. Lime green coloring indicates parcels zoned R-1B Single-Family Residential District. Red coloring indicates parcels zoned T-3 Neighborhood Commercial District. Public Hearing and Notice Requirements An advertisement of this public hearing was published in the Battle Creek Shopper on Thursday, September 21, 2023, not less than 15 days prior to the hearing as required by State Law and local ordinance. Notices of the public hearing were also sent by regular mail to property owners and occupants located within 300’ of the subject parcel. As of the writing of this report, staff has not received any calls or correspondence commenting on this application. Variance Request and Analysis The applicant is seeking a dimensional (non-use) variance from the Zoning Board of Appeals to allow for a paved driveway area in excess of 40% of the front yard space to remain as is. As stated previously, it is unlikely that the applicant was aware of the limit regarding front yard paving due to the relative obscurity of the regulation within the Section 1261.02(d.3.B) of the Zoning Ordinance. Additionally, during the process of working with Mr. Fish, staff has identified an unlikely section of the ordinance (Section 1281.04, Site Plan Review) which contains language requiring that a zoning permit be applied for and issued prior to the commencement of additions or alterations to a paved driveway. Staff is working to create a simple, streamlined process to assist residents with the issuance of paving permits, and also to provide assurance to future applicants that proposed paving projects are in compliance with the specifications of Section 1261.02(d.3.B). 5  11 of 34 Petition No. Z08-23 31 E Kingman Ave., Parcel #6810-18-021-0 In the opinion of staff, the applicant faces a hardship with regard to the strict application of Section 1261.02(d.3.B) as a result of the fact that the subject parcel measures just 33 feet in width (whereas the required width within the R-1B zoning district is 50 feet). This lack of adequate width, coupled with the location of the home centered in the middle of the property and approximately 22 feet from the front lot line along the E Kingman Ave. right-of-way prevents the applicant from constructing a driveway capable of providing the standard two off-street parking spaces within the front yard without exceeding the 40% maximum paved area. The applicant does not have the ability to construct additional parking in the side or rear yards of the property, as the area between the house and the side lot lines does not provide a wide enough berth for the passage (or parking) of a standard automobile. As a result of the hardship, staff recommends approval of the request for a dimensional (non-use) variance which would allow for paving in excess of 40% (approximately 59.3%) of the front yard area to remain. Applicable Zoning Ordinance Provisions Section 1230.06 (Definitions) provides the definition of the term “Front Yard” as it pertains to the Zoning Ordinance. Section 1261.02(d.3.B) stipulates the 40% maximum area of a front yard which may be consumed by a driveway and turnabout. Each relevant section of the ordinance has been included as an attachment to this staff report. Section 1280.03 “Zoning Board of Appeals”, subsection D. 2) states: 2) The Board shall have the authority to grant the following variations: a) Nonuse. If there are practical difficulties for nonuse variances relating to the construction, structural changes, or alterations of buildings or structures related to dimensional requirements of the zoning ordinance or to any other nonuse-related standard in the ordinance in the way of carrying out the strict letter of the zoning ordinance, then the Board may grant a variance so that the spirit of the zoning ordinance is observed, public safety secured, and substantial justice is done. The Board may impose conditions as otherwise allowed under the Michigan Zoning Enabling Act;…. 3) Variance Standards. In consideration of all appeals and proposed exceptions to or variations from this Zoning Code, the Board shall, before making any such exceptions or variations, in a specific case, first determine that the applicant has met all of the following conditions as set out for the specific type of variance requested: a) Nonuse (dimensional) Variances: i) When it can be shown that a practical difficulty would, in fact, exist if the strict non- use requirements of this zoning ordinance (e.g., lot area, width, setbacks, building height, etc.) were applied to a specific building project, the Board may grant a variance from these requirements. The practical difficulty from a failure to grant the variance must include substantially more than a mere inconvenience or a mere inability to attain a higher financial return. 6  12 of 34 Petition No. Z08-23 31 E Kingman Ave., Parcel #6810-18-021-0 ii) The practical difficulty must be exceptional and peculiar to the subject parcel of land which do not generally exist throughout the City and may not be self-imposed or the result of an earlier action by the applicant. If the parcel of land could be reasonably built upon in conformance with the requirements of this zoning ordinance by simply relocating or redesigning the structure(s), then a variance shall not be granted. iii) A variance shall not be granted when it will alter or conflict with the intent of this Ordinance considering the public benefits intended to be secured by this Zoning Code and the rights of others whose property would be affected by the allowance of the variance. iv) Any variance granted shall be the minimum necessary to provide relief for the practical difficulty of the applicant. Findings and Recommendation The Zoning Board of Appeals can approve, approve with conditions, or deny this request. The Zoning Board of Appeals can also table or postpone the request pending additional information. In consideration of all variations from the Zoning Code, the Board shall, before making any such exceptions or variations, in a specific case, first determine that the conditions listed below are satisfied. Planning staff has reviewed these conditions and believes that each condition can be justified in an affirmative manner. Rationale for each condition is provided below and planning staff recommends that the Zoning Board of Appeals approve the dimensional variance (Z-08-23) request allowing for a driveway covering in excess of 40% of the front yard area at 31 E Kingman Ave. to remain as is. A) Staff finds that a practical difficulty does in fact exist if the strict requirement of the ordinance is applied to this property and that the Board is authorized to approve the variance in this case. The applicant owns property within the R-1B zoning district with a width of just 33 feet, where the required minimum width within the district is 50 feet. This fact, coupled with the location of the house on the parcel relative to the front and side lot lines presents the applicant with a hardship which would make the creation of more than one off-street parking space unfeasible given the maximum front yard driveway allowance of 40%. B) Staff believes that the practical difficulty is exceptional and peculiar to the subject parcel and that the conditions associated with the property do not generally exist throughout the City. While additional parcels not meeting the required 50-foot minimum width within the R-1B zoning district do exist (including a number of parcels within the immediate vicinity of the subject property), most still have the ability to utilize the side and rear yards for additional parking needs. Parcels with circumstances similar to the property which is the subject of this application are likely quite isolated, and can be addressed on a case-by- case basis without the need to amend the general requirement as stated in Section 1261.02(d.3.B). Further, the practical difficulty has not been caused by an previous action of the applicant. 7  13 of 34 Petition No. Z08-23 31 E Kingman Ave., Parcel #6810-18-021-0 C) Staff believes that if the variance is granted that the intent of the Ordinance will not be altered. The situation before the Board in this instance appears quite unique, with minimal practical consequences likely should the variance request be approved. D) Staff believes that the applicant’s request for approximately an additional 19.3% of front yard driveway space (beyond the 40% normally permitted) is the minimum necessary variance to provide relief for the practical difficulty of the applicant, and would provide ample space for the off-street parking of a second vehicle on the property utilized for single-family residential purposes. Given the information provided by the applicant and the above considerations, staff recommends approval of Z08-23, a petition from Jim Fish of 31 E Kingman Ave., Battle Creek, MI, requesting approval of a paved front yard driveway covering approximately 59.3% of the front yard space at 31 E Kingman Ave., providing relief from the strict application of the 40% coverage limit given the 33-foot width of the property and the location of the home in relation to the side and front lines. Attachments The following information is attached and made part of this Staff Report. 1. ZBA petition form (Petition #Z08-23) 2. Supplemental photos 3. Section 1230.06 (Front Yard definition) 4. Section 1261.02(d.3.B) 8 14 of 34 15 of 34 16 of 34 17 of 34 18 of 34 19 of 34 20 of 34 21 of 34 22 of 34 23 of 34 24 of 34 25 of 34 26 of 34 27 of 34 28 of 34  ± 29 of 34 Every reasonable effort has been made to assure the accuracy of this map and associated data.The City of Battle Creek (hereinafter "City") makes no warranty, representation, or guarantee as to the content, ArcGIS Web Map sequence, accuracy, timeliness , or completeness of any data herein.The user of this map should not rely on the data provided herein for any reason.The City explicitly disclaims any representations and warranties, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. The City shall assume no liability for any decision made or actions taken or not taken Sources: Esri, A irbus Author: DS , USGCity S, NGofA, Battle Creek N Robins on, NCEAS, NLS, OS, NMA, NA SA, CGIAR, by the user of the map in reliance upon any information or data furnished hereunder. To be sure of the Geodatas tyrelsen, Rijkswaterstaat, Date: GSA, 9/28/2023Geoland, FEMA, Intermap and the GIS user community, Cit y of Batt le CreekCity of ent GI S Departm 1 inch = 47 feet accuracy, please check with City staff for updated information. 10 North Di vis ion S treet Battle Creek Batt le Creek, Mic higan 49014 269. 966. 3355 10/3/23, 2:37 PM export.amlegal.com/api/export-requests/b7efed16-e179-4f99-8865-3a0c04d4c9fe/download/ 30 of 34 (210) “Wholesale.” Business establishments that generally sell commodities in large quantities or by the piece to retailers, other wholesale establishments, or manufacturing establishments. The commodities are generally for further resale, for use in the fabrication of a product, or for use by a business service. (211) “Wind Energy System.” Any type of facility that converts wind into electricity. (212) “Wireless Communication Service.” The transmission and receipt of radio signals by communications towers and antenna, which includes, without limitation, both cellular and personal communications services. (213) “Yard. An open space that is on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the mean horizontal distance between the lot line and the main building shall be used. A. “Front Yard.” That area measured by the full width of lot line abutting a street right-of-way to a depth measured from such lot line to the first supporting member of the main structure. The first supporting member includes the main building or any projection thereof, other than the usual steps, entranceways, unenclosed balconies or open roofless porches. See Figure 6. B. “Primary Front Yard.” That area measured by the full width of the front lot line to the first supporting member of the façade of the main structure. C. “Secondary Front Yard.” That area measured from an exterior side lot line or a rear lot line bordering a street to the first supporting member of the main structure. D. “Front Yards for Waterfront Lots.” For the purpose of this Zoning Code, properties having frontage on a lake, river, creek or other waterway shall be required to meet front yard requirements along that water frontage and along any street frontage. In Figure 6, where “utility easement” is a water body, the rear yard shall be required to meet front yard requirements. This requirement also applies to side yards when water courses follow the side yard lot line. Figure 6. Yard Terms https://export.amlegal.com/api/export-requests/b7efed16-e179-4f99-8865-3a0c04d4c9fe/download/ 24/29 10/3/23, 2:37 PM export.amlegal.com/api/export-requests/b7efed16-e179-4f99-8865-3a0c04d4c9fe/download/ 31 of 34 E. “Rear Yard.” A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or a projection thereof, other than steps, unenclosed balconies or porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall, in all cases, be at the opposite end of the lot from the front yard. See Figure 6. F. “Side Yard.” A yard between the main building and the side line of a lot that extends from the front yard line to the rear yard line. See Figure 6. (214) “Zoning Administrator or Their Designee.” The Manager of Planning and Zoning, as well as any division or employee reporting to the Manager, which or who is charged with the responsibility for administering and enforcing this Zoning Code. (215) “Zoning Code.” Ordinance 10-2020, passed November 24, 2020, codified herein as Title Six of Part Twelve - the Planning and Zoning Code. (216) “Zoning District.” A section of the City for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform. (b) Sign Definitions. (1) “Abandoned sign.” A sign structure which does not have a panel, or has a blank panel, for 90 days or more. https://export.amlegal.com/api/export-requests/b7efed16-e179-4f99-8865-3a0c04d4c9fe/download/ 25/29 10/3/23, 2:37 PM export.amlegal.com/api/export-requests/5341579f-6b5a-48f1-ad13-3ba55cd85121/download/ 32 of 34 1261.02 FRONT YARD AND VACANT LOT PARKING. (a) Purpose; Declaration of Nuisance. For the purpose of protecting the public health, safety and general welfare, for the enhancement of the visual environment of the City and for the improvement of residential uses in the City, the parking, storage or leaving unattended of any motor vehicle, truck, recreational vehicles and/or trailers, tractor, or similar property on any vacant lot or in any front yard on any premises in the City is hereby declared to be a nuisance and is prohibited. (b) Application of Chapter. This chapter shall be applicable to premises located in the City that are used for residential purposes or upon which the structure located thereon is used for dwelling purposes, as well as to all vacant parcels of land upon which no structure exists, unless the use thereof for such purposes is permitted by other provisions of this Zoning Code and except as herein provided. The lawful use of required front yards or vacant lots which do not conform to this chapter shall be discontinued forthwith. (c) Exceptions to Chapter. This chapter shall not apply to: (1) Residential premises in Agricultural Districts when the land is also used for farming or agricultural purposes; (2) Automobile parking on an improved driveway or turnabout. An improved driveway or turnabout is constructed of concrete, asphalt, or brick, or uniformly surfaced with macadam, gravel, or cinder not less than six inches thick in compacted depth. If required parking spaces equal four or more vehicles, use and construction of parking spaces shall conform with use and construction requirements outlined in Section 1261.01(c). (3) A motor vehicle with a valid State handicapper's sticker or plate when parked in the front yard of any corner lot. (d) Driveways; Turnabouts. An improved driveway shall lead from an authorized curb cut to a garage, carport or other required parking space or turnabout. A turnabout abutting an improved driveway in the front yard may be used for automobile parking only if all of the following conditions are satisfied: (1) The turnabout shall only be used by motor vehicles for intermittent parking, loading and unloading, turning around or washing or waxing. (2) The turnabout shall be improved and with access exclusively from the improved driveway. (3) The turnabout, together with the abutting improved driveway, shall not: A. Exceed a total width of twenty-four feet from paving edge to paving edge; and B. Occupy in excess of 40% of the area defined as the front yard. (4) The turnabout shall be wholly on the lot which benefits from it and shall be set back at least twenty-five feet from public rights of way. (e) Occupancy of Recreational Vehicles, Tents, and Trailers in R Districts. (1) The provisions of this section provide for the occupancy or use of recreational vehicles and/or trailers only as accessory uses to a primary residential use. (2) Recreational vehicles and/or trailers shall not be occupied when parked or stored on a residentially zoned property except; A. By approved permit under Chapter 1468. https://export.amlegal.com/api/export-requests/5341579f-6b5a-48f1-ad13-3ba55cd85121/download/ 1/3 10/3/23, 2:37 PM export.amlegal.com/api/export-requests/5341579f-6b5a-48f1-ad13-3ba55cd85121/download/ 33 of 34 B. One camping tent may be set up for no more than four consecutive days for the purposes of temporary sleeping shelter. The camping tent shall only be permitted in a rear yard or between a building and a waterway. (f) Storage and Parking of Recreational Vehicles and/or Trailers. (1) Recreational vehicles, trailers or equipment may be parked or stored in a fully enclosed garage or accessory building. (2) If a recreational vehicle and/or trailer is not parked or stored in a fully enclosed garage or accessory building it can only be parked or stored as follows: A. Recreational vehicles and/or trailers may be parked in a front yard only for the purposes of loading, unloading, and cleaning for a period not to exceed seventy- two hours and not more than four times in any one calendar year, providing the recreational vehicles and trailers are parked on an improved driveway or turnabout. 1. Such vehicles may have fixed connections to electricity and water for cleaning purposes only. 2. In no circumstance shall any parking occur within twenty-five feet of a corner property line at a street intersection or interfere with vehicle or pedestrian visibility or movements. B. Recreational vehicles and/or trailers may be parked or stored in a side yard, on an improved surface approved by the Zoning Administrator, not less than three feet away from a side lot line and screened from adjacent property with a six-foot tall solid fence. C. Recreational vehicles and/or trailers may be parked or stored in a rear yard, three feet away from a rear or side property line. D. On corner lots, recreational vehicles and/or trailers may be parked or stored as follows: 1. In an interior side yard, on an improved surface approved by the Zoning Administrator, not less than three feet away from a side lot line, and screened from adjacent property with a six-foot tall solid fence, or; 2. In a rear yard, three feet away from property lines. 3. In no case shall a recreational vehicle and/or trailer be parked or stored closer to a street than the main building. E. For lots having frontage along a waterway, recreational vehicles and/or trailers may be parked or stored in an interior side yard or in the yard along that water frontage, thirty feet away from waterway. In no case shall a recreational vehicle and/or trailers be parked or stored closer to a street than the main building. F. Residential properties where it is impossible to park or store recreational vehicles and/or trailers in other than the front yard because of the configuration of the lot on which the property sits, terrain, natural boundaries, lot lines or other similar characteristics or problems may park or store such items on a driveway or an improved parking area approved by the Zoning Administrator. (g) Presumptions. (1) In any proceeding for a violation of any of the provisions of this chapter, proof that any properly registered vehicle described in the complaint was parked in violation of any of the provisions of this chapter, together with proof that the defendant named in the complaint was, at the time of such parking, the registered owner of such vehicle, shall constitute in evidence a presumption that the registered owner of such vehicle was the party who parked such vehicle in violation of this chapter. https://export.amlegal.com/api/export-requests/5341579f-6b5a-48f1-ad13-3ba55cd85121/download/ 2/3 10/3/23, 2:37 PM export.amlegal.com/api/export-requests/5341579f-6b5a-48f1-ad13-3ba55cd85121/download/ 34 of 34 (2) In any proceeding for any other violation of any of the provisions of this chapter, proof that the particularly described property in the complaint was parked or stored in violation of any of the provisions of this chapter, together with proof that the defendant named in the complaint was, at the time of such parking or storing, the owner of the premises or the party having charge, custody, control or use of such premises, shall constitute in evidence a presumption that the defendant was the party who parked or stored, or permitted the parking or storage of, the property in violation of this chapter. (h) Interpretation. This chapter shall not be deemed to be in conflict with other provisions of these Codified Ordinances relating to the parking or storage of motor vehicles or other named property, but shall be construed as supplementary to any such provisions as well as to any statutes of the state relating thereto. (i) Violations. (1) No person shall place, park or store a motor vehicle at any place designated as a vacant lot or in any front yard of a residential premises to which this chapter applies. (2) No owner or person having charge, custody, control or use of any premises shall park or store, or permit the parking or storage of, any motor vehicle or other item of property described in Section 1261.02(a) on any vacant lot or in any front yard of a residential premises in the City to which this chapter applies. (Ord. 10-2020.Passed 11-24-20.) https://export.amlegal.com/api/export-requests/5341579f-6b5a-48f1-ad13-3ba55cd85121/download/ 3/3