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Posted on: September 15, 2020

Ordinance No.20-07

GENERIC NEWS

Ordinance No. 20-07 is effective 9/15/20 and defines surfaces allowed for parking on private property.  Read the full ordinance below.


ORDINANCE NO.  20-07

AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF WINDSOR HEIGHTS, IOWA, BY AMENDING CITY CODE 174.08 TO FURTHER DEFINE SURFACES ALLOWED FOR PARKING ON PRIVATE PROPERTY AND TO ADD PARKING PROHIBITIONS FOR VEHICLES PARKED ON PRIVATE PROPERTY FOR THE PURPOSE OF SALE


WHEREAS, the City of Windsor Heights seeks to promote the public health, safety, general welfare and aesthetics of the community through consistent, content-neutral and nondiscriminatory code requirements within its city limits; and

WHEREAS, the City Council of the City of Windsor Heights do hereby find and declare that the amendments to Chapter 174.08  are necessary and will promote the aesthetics and general welfare of the community.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WINDSOR HEIGHTS, POLK COUNTY, IOWA:

SECTION 1. Purpose. The purpose of this ordinance is to amend Chapter 174.08 of the Code of Ordinances for the City of Windsor Heights.  

SECTION 2. Chapter 174.08 is hereby amended to read as follows:

174.08  PARKING FOR PERSONAL AND RECREATIONAL VEHICLES

 

  • Applicability.  This section permits the parking of personal vehicles on a single lot in a residential district subject to specific conditions.  Personal vehicles include: passenger cars; vans; pickup trucks, camper shells, toppers, and other similar appurtenances intended for attachment to a personal vehicle; trailers under 20 feet in length; and boats.  Trucks, tractor cab units, trailers, recreational vehicles, and vehicles over 2.5 tons gross empty weight shall be defined as heavy commercial vehicles.
  • Location of Parking
  • Parking is permitted within any enclosed structure when such structure conforms to the regulations of its zoning district.
  • Parking of personal vehicles is permitted on a paved driveway (outside of an enclosed structure) within the front yard setback, but shall in no case encroach upon the public right-of-way.
  • Parking of personal vehicles may occur in the rear yard setback (outside of an enclosed structure and not on the front yard paved driveway) if such parking meets the following conditions:
  • Heavy commercial vehicles, including tractor cab units weighing more than 2.5 tons gross empty weight, and recreational vehicles shall not be parked on any lot within the RI, R2, R3, R4 and MH residential zoning districts, except as provided below.
  • In areas not zoned for commercial use, parking of vehicles on private property for the purpose of sale of such vehicle is prohibited.
  • Special Provisions for Recreational Vehicles and Boats.  Parking and storage of recreational vehicles and boats within residential districts is subject to the following additional conditions.  These conditions are in addition to those requirements for the parking of Personal Vehicles.
  • Recreational vehicles and boats must be maintained in a clean, well-kept state.
  • Recreational vehicles and boats equipped with liquefied petroleum gas containers must ensure that such containers must meet the current standards of the Interstate Commerce Commission, the United States Department of Transportation, or the American Society of Mechanical Engineers.  Any valves must be closed at all times that the vehicle is not in preparation for immediate use.  Leaks in containers must be repaired immediately.
  • Recreational vehicles may be used as temporary housing by non-paying guests for a maximum of three consecutive days or 14 days total during any calendar year.  Cooking in the recreational vehicle is prohibited at all times.
  • Recreational vehicles and boats may not be permanently connected to utility lines.
  • Recreational vehicles and boats may not be used for the storage of goods, materials, or equipment other than those items which pertain to the use of the vehicle.
  • If at all physically feasible on a lot, recreational vehicles and boats shall be parked outside of required front yard and street side yard setbacks and such parking shall meet the following conditions:
  • No more than two recreational vehicles and/or boats may be parked on a single property at any one time.  Any recreational vehicle or boat parked on a property must be owned in whole or in part by the resident of the property.

SECTION 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

SECTION 4. Severability. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

SECTION 5. Effective Date. This ordinance shall be effective after the final passage, approval and publication as provided by law.

Passed and Approved this 8th day of  September, 2020.

1st Reading:    8/17/2020       

2nd Reading:   9/8/2020

3rd Reading:   Waived

Publish Date:  9/15/2020


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