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9.59.115 Exceptions

Notwithstanding section 9.59.110, the following shall not constitute a public nuisance:

(a) The use and storage of shopsmiths and tablesaws that are customarily incidental and accessory to residential hobby or home improvement use when stored so as to be out of view at ground level from a public street or alley or from neighboring property, and when allowed by zoning or designated planned development areas and approved by the city.
 
(b) Parking or maintaining supplies, materials, or machinery of any type or description on a residential street or property while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property.

(c) Any commercial vehicle making pickups or deliveries of goods, wares and merchandise or delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure for which a valid building permit is in effect.

(d) Trash receptacles at curb side on designated pick up days.

(e) Parking of a recreational vehicle described in section 9.59.110(h)(2) on the street in front of the owner's property or in the driveway thereof, provided the sidewalk is not blocked, while actively engaged in loading or unloading of said vehicle, but in no event longer than 72 hours. Loading or unloading as used in this section shall mean active loading or unloading, including the performance of those activities required to prepare the vehicle for either travel or storage, and shall include a period of time not to exceed twelve hours during which the vehicle cannot reasonably be moved to a place of otherwise lawful storage.

(f) The legally conforming and approved storage or parking of a recreational vehicle described in section 9.59.110(h)(2) in zones or designated planned development areas permitting such storage or parking, and approved by the city.

(g) The parking or storage of recreational vehicles, as described in section 9.59.110(h)(2), in the side yard or rear yard of property upon approval of a site plan, provided such vehicles or items are substantially screened from view from any street or neighboring property of the same or substantially similar grade behind a solid six-foot high fence/gate or wall and where adequate screening or shrubbery is also provided along the neighboring property line. Boats, vessels or other water craft having a mast must be parked or stored with the mast in a horizontal position regardless of location if the mast is visible from the street or neighboring property. Site plans under this provision shall contain a vehicular parking/storage, fencing, wall, gate and landscape plan. The site plan shall be submitted by the property owner to the director of community development, who may approve or deny the plan or refer it to the commission at his or her discretion. All site plans approved under this exception shall contain a condition that if walls, fencing, gates or landscaping required by the site plan are not maintained, fall into disrepair, or are altered or changed without approval, the site plan approval shall be revoked.

(h) Property owners of residential property which, by its physical characteristics may allow the construction of a completely enclosed addition to the main living structure in the front area may apply for a permit to build such an addition for the purpose of parking or storage of recreational vehicles provided that such addition will not result in any exception to the zoning laws or require a variance. The addition shall be compatible with the existing main living structure and shall be designed so recreational vehicles are not visible from the street or any neighboring property. Site plans under this provision shall be submitted to the commission for approval.

(i) Validly licensed four wheel drive vehicles, pickup trucks without camper shells or with camper shells which do not extend more than one-foot above the height of the truck cab, and vans may be parked in driveways, provided the total height of the top of the vehicle as measured from the ground does not exceed ten feet, excluding air conditioning units and vents, and provided no part of the vehicle extends into the sidewalk area. This exception does not apply to pickup trucks with sideboards, storage devices or racks extending more than one-foot above the cab height or to any other recreational vehicle not specifically listed in this subsection.

(j) The legally conforming placement of antennas, mechanical, solar, or heating and air conditioning equipment upon rooftops when screened from view and in zones permitting such uses, or designated planned development areas, and approved by the city.

(k) Legally conforming and approved chimneys and vent stacks.

(l) The keeping of household pets in a manner that constitutes operation of a kennel (as defined in subsection 9.01.050(a)(92)) without necessary permits and approvals, except animals kept on a parcel licensed by the city's animal services manager to contain additional animals pursuant to chapter 10.01 of this Code. Household pets shall mean animals or birds ordinarily permitted in residential zones and kept only for the company and pleasure provided to the occupants. Household pets shall not include horses, cows, goats, sheep, other equine, bovine, ovine or ruminant animals, pigs, predatory wild animals, chickens, ducks, geese, turkeys, game birds or other fowl, or animals which normally constitute agricultural uses.

(Ord. No. 98-193, ยงยง 1--4, 10-19-98)

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