Need help interpreting zoning code....

[SW MI Planner]

A section of our nuisance parking code reads: "In residential areas, the storage of no more than one commercial vehicle of a rated capacity not exceeding one ton is permitted."

Which, I take to mean that you can store only one commercial vehicle on your property as long a it is not over one ton.

What about this guy:

It is obviously over one ton. The guy uses it for work (truck driver for local factory) and drives it regularly for his job. (The other one is a rental and gone now so thats not a problem) The code enforcement person reads the above ordinance to say he can't park the vehicle at his house at all ever. I read the above ordinance to say that he can't STORE the vehicle there, but he can park it there. I looked up 'store' and 'park' and they are two totally different things.

I asked a friend of mine (also a planner), and she says since it is in the nuisance parking section, that parking is implied as well as just storage. I am not sure that I agree.

What do you think? Thanks in advance for your opinions!!!

 

[Jeff]

Storage is long-term, park is temporary. I feel the intent of that requirement is not to prevent someone from parking their "work truck" on their property.

Just my $0.02

 

[mike gurnee]

Unless your code has a solid definition, I agree with Mike. We have in our definitions

"...outdoor storage shall in addition mean the routine and/or recurring (more than twice a week) parking of such vehicles for more than six hours at a time."

 

[SW MI Planner]

Nope our ordinance sucks...what you see is what you get.

So, I want to make sure I read you guys right...your opinion is that the intent of the ordinance is to NOT prevent people from parking their work vehicles at their home, and that parking is not storage, so this would be allowed?

Gracias again!

 

[Jeff]

Allowed (IMHO)

In PA you would lose in court with that requirement and no definitions explaining it.