09-23-1993 Public Hearing and Regular Meeting ZBOA

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Zoning Board of Adjustment Staff Report for lO/2i3/93 A93-OO2/Morvant Page 3 of 5 . Commercial Motor Vehicle: Any motor vehicle designed or used for the transportation of persons or property for hire, with a rated carrying capacity in excess of one ton, including every vehicle used for delivery purposes. The trucks in question are clearly truck tractors as defined by the Zoning Ordinance. The vehicles have no beds or other provisions for carrying loads other than a trailer. As noted, at the time of Mr. Stoddard's initial inspection there was also a ''box'' trailer parked on the applicant's property. The trailer (manufactured by Groman) was painted to match the trucks and was clearly designed to be used with either of the trucks as a delivery vehicle. Additionally, the manufacturer's "Gross Vehicle Weight Rating (GVWR) for the trucks is listed as 8,000 to 9,000 pounds. As this is a "rated carrying capacity in excess of one ton", the trucks clearly are commercial motor vehicles as defined by the Zoning Ordinance. It should be noted that this determination is based on the Zoning Ordinance. The manner in which the vehicles are registered is not relevant to the determination. As noted in both of the definitions above, the Zoning Ordinance determines the type or classification of a vehicle based on design and not solely on use. Based on the facts noted above, the Inspector's determination was correct and did not misinterpret the intent of the Zoning Ordinance definitions. The determination that these vehicles cannot be parked in a residential zone was in turn based on two separate Zoning Ordinance provisions. Section 10-300.8 states: · It shall be unlawful for any person to leave, stand or park a commercial motor vehicle ... or a truck tractor on any property zoned for residential use. Section 10-604.7 states: · Off street parking facilities accessory to residential use shall be used solely for the parking of licensed and operable passenger automobiles. Under no circumstances shall required parking facilities... be used for the storage of commercial motor vehicles ... trailers, trucks, or truck tractors ....