Charlotte East Community Partners, Inc.

Commercial Vehicles: Text of proposed ordinance

Sep 10, 2003

Revised: 09/01/03
Petition #: 2003-058
Petitioner: Robert Brandon
City/County Zoning Administration

AN ORDINANCE AMENDING APPENDIX A
ORDINANCE NO.___ OF THE CITY CODE?–ZONING ORDINANCE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHARLOTTE:

Section 1. Appendix A, "Zoning" of the Code of the City of Charlotte is hereby amended as follows:

1. Amend CHAPTER 2: DEFINITIONS AND RULES OF CONSTRUCTION, PART 2: DEFINITIONS, Section 2.201. Definitions, by adding the following new definitions in proper alphabetical order:

Commercial vehicles

Light ?– Any vehicle designed or used for business purposes that has a gross vehicle weight rating (GVWR) of less than 13,000 pounds and a cargo area/work platform (including any installed accessories such as ladder racks, cranes, compressors, hose reels, welders, etc) that does not exceed the height of the cab of the vehicle. Cargo area/work platforms separate from the cab shall not exceed 9 feet in length (not to include step bumpers less than 18 inches in length).

Medium ?– Any vehicle designed or used for business purposes that has a GVWR of less than 13,000 pounds and does not exceed 9.5 feet in height (including any installed accessories such as ladder racks, cranes, compressors, hose reels, welders, etc). Cargo area/work platform shall not exceed 14 feet in length (not to include step bumpers less than 18 inches in length).

Large - Any vehicle designed or used for business purposes that has a GVWR of 13,000 pounds or more. Large commercial vehicles also include commercial vehicles with a GVWR of less than 13,000 pounds if the height of the vehicle exceeds 9.5 feet (including any installed accessories such as ladder racks, cranes, compressors, hose reels, welders, etc), or the length of the cargo area/work platform exceeds 14 feet (not to include step bumpers less than 18 inches in length).

2. Amend CHAPTER 12: DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY, PART 2: OFF-STREET PARKING AND LOADING, Section 12.218. Commercial vehicle parking in residential areas, as follows:

Delete the existing text of Section 12.218 that reads as follows:

Section 12.218. Commercial vehicle parking in residential areas.

Vehicles used primarily for commercial purposes and with more than two axles are prohibited from parking in residential districts. This shall not be construed as to prevent the temporary parking of delivery trucks, moving vans and similar vehicles which deliver goods and services.

And replace it with the following:

Section 12.218. Commercial vehicle parking in residential areas.

(1) All residential districts

One light or medium commercial vehicle and one passenger vehicle used for business purposes may be parked overnight at a residence or customary home occupation. A pickup truck, sport utility vehicle, van, or similar vehicle may be considered a passenger vehicle if it is less than 13,000 pounds gross vehicle weight rating (GVWR) and has only the original ?“showroom stock?” body/bed. A camper shell, toolbox within the bed, or similar accessory equipment will not disqualify the vehicle as a passenger vehicle. However, ladder racks, cranes, compressors, hose reels, welders and similar equipment disqualify the vehicle as a passenger vehicle.

Medium commercial vehicles must be parked to the side of the house and must comply with the screening requirements listed below.

Large commercial vehicles are prohibited in all residential districts.

(2) Multi-family developments

The parking of light and medium commercial vehicles shall be permitted in all multi-family residential developments of at least 150 dwelling units with the following provisions:

(a) Medium commercial vehicles must park in areas specifically designated for that
use.
(b) The parking area designated for medium commercial vehicles must provide buffers required by Section 12.302. Buffer requirements, even if the site was built prior to the enactment of those buffer standards. This provision may be waived if screening is accomplished with buildings.
(c) Current parking quantity requirements must be met and spaces for commercial vehicles must be at least 10 feet in width and 21 feet long.

(3) Mixed-use districts

Light and medium commercial vehicles are permitted without screening in true mixed-use developments where residential and nonresidential uses are vertically integrated in the same building. (For the purposes of this section, mixed-use districts are the following districts: MX-2, MX-3, NS, MUDD, UMUD, UR-2, UR-3, UR-C and CC.)

In mixed-use districts where the residential uses are separated from the nonresidential uses, light and medium commercial vehicles shall only be permitted in accordance with the standards of subsections (1) and (2) above.

(4) Screening requirements

(a) Light commercial vehicles
No screening is required.

(b) Medium commercial vehicles
Medium commercial vehicles must be screened from the street and abutting residentially zoned or residentially used property beside the residence by a solid fence or wall six (6) feet above grade level. A visually opaque gate shall be installed to screen the vehicle.

Alternately, the parking of a medium commercial vehicle in a fully enclosed garage satisfies the screening requirement.

(5) This section shall not be construed as to prevent the temporary parking of emergency vehicles, delivery trucks, moving vans and similar vehicles used for delivery of goods and services nor the parking of commercial vehicles at an active job site or staging area.

(6) All pre-existing commercial vehicles parked in residential districts shall comply with Section 12.218 within six (6) months of the effective date of this ordinance amendment.

3. Amend CHAPTER 12: DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY, PART 4: ACCESSORY USES AND STRUCTURES, Section 12.408. Customary home occupations, as follows:

Delete the existing text of Section 12.408 (10) that reads as follows;

(10) Vehicles used primarily as passenger vehicles only will be permitted in connection with the conduct of the customary home occupation.

And replace it with the following:

(10) Vehicles used in connection with the conduct of the customary home occupation shall comply with the requirements of Section 12.218. Commercial vehicle parking in residential areas.

Section 2. That this ordinance shall become effective upon its adoption.

Approved as to form:
______________________________
City Attorney

I, _____________________________, City Clerk of the City of Charlotte, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of an Ordinance adopted by the City Council of the City of Charlotte, North Carolina, in regular session convened on the ____day of ___________________, 2003, the reference having been made in Minute Book ______, and recorded in full in Ordinance Book ______, Page(s)_________________.

WITNESS my hand and the corporate seal of the City of Charlotte, North Carolina, this the ______ day of _______________________, 2003.
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