Study Session - 8/20/2024 5:45:00 PM

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okay everybody if we could take our
seats we'll get started with tonight's
study session I'll go ahead and call
this meeting to order we just have one
item on our agenda this evening
presentation and discussion on Z24 j02 L
code text amendment I see our
development services folks down there
and Ava approaching the
podium I should know that thank you
mayor and good evening mayor and Council
um just waiting for my present ation to
come up and as stated we'll be
discussing inoperable and abandoned
vehicles about 2 months Town Council
approved the community preservation
ordinance and that ordinance is now in
effect after using it for two months we
did come across one issue that needed
clarification and some edits and that
issue had to deal with inoperable or
abandoned vehicles currently there is
language in the Land Development code
restricting use and in the community
preservation ordinance and what we would
like to do is centralize all the
restrictions put them in the community
preservation ordinance and make sure all
the restrictions
align to do that we'll have to edit the
Land Development code the first time in
operable Vehicles appears is in general
provisions and in that section it says
inoperable Vehicles shall be located as
a business engaged in vehicle service
sales or
leasing in a fully enclosed building or
be completely screened from view by an
opaque wall taller than the vehicle we
want to keep that language but we want
to again put it in the community
preservation ordinance so all the
restrictions are in the same place and
then we'd like to add language directing
people to chapter 42 article 8 of the
municipal code which is the community
preservation
ordinance the second section of the land
of velopment code that deals with
inoperable Vehicles is the parking on
single family residential lots this has
additional restrictions it states that
the inoperable vehicle shall not be
parked in a front yard it can be parked
in a rear sidey yard when located behind
an OP opaque fence Waller gate and
completely screened by from view
temporary fencing is not considered
adequate screening again we want to keep
this restriction but centralize it put
it in the community preservation
ordinance and add language directing
people to chapter
42 that brings us to the language in the
community preservation ordinance the
exterior premises and vacant land
section deals with inoperable vehicles
in that section you're limited to one
inoperable vehicle and then we would
like to add the language and
capitalization at the bottom there
that's taken from those two sections of
of the Land Development code so that
would be that inoperable Vehicles shall
not be parked in front yards inoperable
Vehicles may be parked in a rear or side
yard when located behind an Opa fence
wall or gate that is permanently a fixed
to the ground and taller than the
vehicle the vehicle must be completely
screened from View and temporary fencing
or tarping of the vehicle is not
considered adequate
screening so in summary the current code
Provisions are not aligned one section
of the LDC allows an unlimited number of
inoperable vehicles and as long as they
are screened by an opeg wall another
section does not allow them in the front
yard and the existing Community
preservation ordinance limits to one
inoperable
vehicle this is on for hearing at the
next council meeting if Council adopts
staff's recommendation to amend both the
LDC and the community preservation
ordinance all the restrictions would be
in the community preservation ordinance
properties would be limited to one
inoperable vehicle that is not allowed
in a front yard can be in a rear or side
yard but has to be completely screened
by from view by an opaque wall fence
gate taller than the
vehicle so that concludes the
presentation unless there are any
questions at this
time any
questions um council member bonani thank
you mayor um where do trailers fall into
this trailers are in a different section
of the community preservation ordinance
like camper trailers or um trailers that
somebody would haul something yeah a
horse or car or something like
that yeah
okay yeah those are not considered
inoperable vehicles and it depends how
they're registered some are registered
as commercial vehicles some are
recreational vehicles so we have
different sections I'm sorry of the new
community preservation ordinance on that
I'm just seeing if I could find it
quickly for you but this does not change
any of the restrictions for those veh
thank
you council member Kowski
could you explain
the how the ordinance um allows for um
maintenance or working on a
vehicle well currently you are allowed
to have one in the rear side yard
completely screened and then you could
work on it in your rear side yard of of
course you'd have to abide by all noise
ordinance things of that nature however
you could also which is not regulated by
the community preservation ordinance
have one in your garage or a fully
enclosed structure and work at it that
is not covered only the exterior is
covered by the community preservation
ordinance so with these changes um there
we are
also trying to restrict any inoperable
vehicle from the front yards regardless
of the duration of time that there is
AIS
that
allows let me find it
here
that uh it is an affirmative defense to
a
violation um that the inoperable vehicle
is registered to the resident of the
property is undergoing repair and the
total period during which the vehicle
was in operable did not exceed 15
days so you do have that out but you can
only exercise that no more than three
times in any one calendar year thank
you council member Buckle uh just one
quick question is uh will HOA
regulations supersede these regulations
um I'm looking at our attorney Chris
Payne um I believe HOA regulations can
be in addition to our community
preservation ordinance
yes council member Buckley that's
correct the HOA they can set their own
rules because they're private contracts
between uh private parties so they can
have their own rules be more strict or
less strict they can do additional
regulations and penalties as well they
the HOAs actually have the rights to do
certain types of penalties that a city
could not do as
well okay thank you very
much vice mayor Anderson
is there a definition of what inoperable
means is it Rolling On
Wheels not running in engine
yeah um mayor vice mayor there is a
definition let me see if I can find that
just a moment
inoperable vehicle means any vehicle
incapable of being legally driven or a
vehicle that cannot be started and moved
under its own
power
okay thank
you what about a vehicle that's sitting
on a public
street that has a flat tire that was
towed away towed back still sitting
there flat tire not that I know about
this cuz it's on my street not very
specific it's on my street it was towed
away brought back still sitting there
and I'm serious it's
been eight nine months what do we do in
a case like that well I don't think
that's covered on the community
preservation ordinances that's on
private property um I don't know if
anybody knows what we do on our own mhm
but it's not because it's a public
street it's on the street it's on the
street in front of somebody's house yeah
okay I will look into that further I can
find out and have somebody notify you
mayor and this code is does this code
cover and this is another thing that's
happening in my neighborhood right now
somebody has a
pod in their yard you know a
pod and in 2017 I looked up the code
because I was remodeling my house and we
had to have a pod and I believe the code
read that you had could have a pod in
your yard for 30 days I remember when I
just I had to say it um you could have a
pod in your yard for 30 days unless you
pulled a permit that required ex other
work being done within your home and
then you could have a longer duration
under the town's code for that but this
pod's been there since before Easter
Sunday and it's sitting in somebody's
driveway in their front
yard I'm just looking again we're all
still learning this community
ordinance and I wanted so I thought I'd
ask if that's something that's
yeah I remember on Easter Sunday pulling
out of our driveway and looking at my
husband and saying I wonder how that
long that pod's going to be here because
at that point it had already been there
for probably at least a month and now
it's five months
later five an Adu an Adu I never see
anybody access it ever ever
I'm not finding it but I will look
further and and let you know I'm sure it
is addressed if not in here in the
municipal and I just brought it up
because it's you know something that's
happen is happening in my neighborhood
and I just had another neighbor reach
out to ask me about it because a third
neighbor now is going to put her house
on the market so she can she's concerned
that this neighbor has a pod sitting in
their driveway as she's going to be
putting her house on the market and may
affect her ability to sell reasonably
which is you know perh someone I don't I
never see anybody access it like of
course I'm not there a lot but um mayor
council Ashley was able to locate that
it's not in the community preservation
ordinance but is there construction
going on on this lot ah well during
construction they are allowed uh no
longer than 30 days within a six-month
period so we'd have to see
if there's a restriction if there is no
construction going on thank you does it
also does it also cover you you said or
you said reg not registered or
inoperable so does it cover cars that
are operable but not registered no
license plates ah let me go back to the
definition okay so it's any vehicle
incapable of being legally driven so
you're saying in your case it would be
able to be driven or a vehicle that
cannot be started and moved under its
own power so can you legally drive yeah
it's incapable being legally driven so
I'm guessing that would be inoperable
because you cannot legally drive it you
can legally drive it on your private
property so once it leaves the private
property
I I don't know technically he's
technically he's correct so if you had a
property large enough that you could
drive it on or on your driveway into
your backyard from your backyard into
your garage that would be legal but it's
not registered to be legally driven on
the road but could he legally drive it
and leave it in his front
yard he could move it from one spot to
the other spot that's what people do
though they play a shell game basically
right yeah yeah they do yeah that's what
that's what it becomes is a shell game
um and forgive me if you mention this
because we've just been chatting about a
whole bunch of parts of this but have
have we been using this code so far when
did it go into effect and have we been
using it it is an effect um Kyle or
Chris do you remember the exact date it
went into effect because we passed it it
was approved on June 18th so was it 30
days after so sometime mid July um we
have started using it because we have
had some neighbors that have been
waiting for it to be passed specifically
in areas where the backyard is the
nuisance yeah that's I I thought we
might have neighbors waiting for this
particular code because they've been
having issues for so long so and I
believe this is one of the codes that we
asked to have a report back on in about
a six-month period there was a couple at
the time so I think yes mayor that that
is correct mayor counsil we will come
back with a full report in six months
this was just something that we saw that
we felt needed to be clarified prior to
the six Monon bar thank you appreciate
that um any other questions or
concerns well I I just I have one
question and that is how do you go about
getting the Pod off the street that I'll
talk to yeah just yes wondering we could
have Code Compliance take a look at that
pod and why it's there for that long and
what's going on I never want to be the
one to report people people
automatically assume I'm the one
reporting them in my neighborhood since
I'm the one that's attached to the
government but I don't like to be the
one to report it but now I've had
neighbors reach out to me about it and I
am concerned too because it has been
there for a long time and we do receive
many complaints some Anonymous through
our 311 system I don't think we can do
that anymore I looked at 311 online the
other day and I thought it said that you
had to optional and I'm not aware it can
be kept it can be kept in town records
but you still have to put it in because
there was language on it if you feel
that you know it would be a threat to
you a danger to you that you can remain
anonymous I did read that thank you
thanks Ava um I think we're all good
thank you and this will be on your
agenda at your next meeting for hearing
for September 10th September 10th thank
you thanks Ava um okay that was the only
item that we have on this agenda so
we'll go ahead and adjourn this meeting
and be back at 6:30 that was a quick one
what