Prop. Ord #1166 - Inoperable Vehicle

Prop. Ord #1166 - Inoperable Vehicle

Prop. Ord #1166 - Inoperable Vehicle

ORDINANCE NO.

AN ORDINANCE TO AMEND WORTHINGTON CITY CODE TITLE IX AND XV, CHAPTERS 92, 97, 99 AND 155 LIMITING
STORAGE OF INOPERABLE VEHICLES BY AUTO REPAIR SHOPS.

The City Council of the City of Worthington, Do Ordain:

New text is indicated by redline/underline and text being deleted is struck out:

Section I

The Worthington City Code, Title IX, Chapter 92.21 shall be amended to read as the following:

§ 92.21 EXTERIOR PROPERTY AREAS; VACANT PROPERTIES.

(A) Definitions. For purposes of this chapter, the following terms are hereby defined:

FRONT YARD. That part of a lot between an adjacent street right-of-way line and the principal
building of the lot, and extending to each side lot line.

REAR YARD. That part of a lot between the rear lot line and the back of the principal building of
the lot, extending to both side lot lines.

SIDE YARD. That part of the lot between the principal building and an interior side lot line,
extending to the front and rear yards.

(B) Residential.

(1) In residentially zoned districts, all materials, machinery, vehicles and equipment shall be
either stored within a building or be fully screened so as not to be visible from adjoining or
adjacent land and the street, except for the following:

(a) Agricultural and landscaping equipment/materials in current use on the premises;

(b) Construction materials/equipment in current use on the premises;

(c) Except as expressly permitted vehicles undergoing restoration under § 9.227.14, or as
otherwise permitted by the City's Building and Zoning Ordinance, automobiles, pickup trucks,
motorcycles, recreational vehicles, boats, snowmobiles, all-terrain vehicles and other recreational
equipment bearing current vehicle registration licenses in the driveway, except that no such
vehicle shall be used for the storage of litter, scrap metal or recyclable objects;

(d) Firewood, neatly stacked, intended for use on the premises;

(e) Lawn furniture and play equipment;

(f) Dog kennels in the rear or side yard;

(g) Covered, rigid garbage containers in the rear yard, or side yard when fully screened.

(2) No motor vehicle shall be parked on the front, rear or side yard of residentially zoned
property in such a manner as to create permanent ruts or damage to the grass or as to create
erosion of top soil.

(3) No motor vehicle may be parked upon any portion of the boulevard adjacent to or adjoining
residentially zoned property which constitutes municipal, county or state right-of-way.

(C) Commercial.

(1) In all commercial, industrial, business and transitional zoning districts, all materials,
machinery, vehicles and equipment shall be stored within a building or be fully screened so as not
to be visible from adjoining or adjacent lands and the street, except for the following:

(a) Landscaping materials/equipment in current use on the premises;

(b) Construction materials/equipment in current use on the premises;

(c) Motor vehicles bearing current registration licenses, provided the vehicles are necessary for
the operation of the business;

(d) Licensed or unlicensed motor vehicles, agricultural or industrial equipment for sale,
distribution, repair or rent by authorized dealers and businesses; this provision shall not include
inoperable vehicles.

(e) Items or materials which, by their nature, require exterior storage and are offered for sale
on the premises;

(f) Covered, rigid garbage containers in the rear yard, or side yard when fully screened;

(g) Licensed or unlicensed motor vehicles, agricultural or industrial equipment used to
obtain parts for repair to a customer's motor vehicle, agricultural or industrial equipment,
provided that such equipment and/or motor vehicles are removed within 60 days after acquisition by
authorized dealers and businesses.

(2) In such business, industrial, transitional and commercial districts, all open areas and parts
of premises shall be maintained and kept in a reasonably clean and neat condition. This requirement
shall include the removal of dead trees and brush; the removal of inoperable machines, appliances,
fixtures and equipment so damaged, deteriorated or obsolete as to have no substantial value and
which constitute junk; the removal of lumber piles and building materials not being used in actual
construction on the premises unless such premises are being used by a business dealing in or
requiring the use of such lumber and materials; and the removal of tin cans, broken glass, broken
furniture, mattresses, box springs, crates, cardboard, tires, and other debris. Nothing in this
section shall restrict the activities of duly established and permitted junk or salvage yards.

(3) Every foundation, exterior wall, roof, window, exterior door, basement hatchway and every
other entranceway of every nondwelling structure shall be so maintained as to prevent the structure
from becoming a harborage for rodents, vermin and insects, and shall be kept in a reasonably good
state of maintenance. All walls and fences shall be plumb and true, free of holes, missing, loose,
or rotting boards or posts and loose or peeling paint.

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Section II

The Worthington City Code, Title IX, Section 97.01 shall be amended to read as the following:

§ 97.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.

ABANDONED MOTOR VEHICLE. Abandoned motor vehicle means a motor vehicle, as defined in M.S. §
169.01, which has been voluntarily surrendered by its owner to the City of Worthington or to a
person duly licensed under M.S. § 168B.10 or which has remained for more than 48 hours in a
condition described by one of the following:

(1) On public property in violation of either the Worthington City Code or Minnesota Statutes;

(2) On private property without consent of the person in control of the property;

(3) Disabled whether located on public property or private property;

(4) Not secure from entry whether located on public property or private property;

(5) Without license plates conspicuously displayed thereon; or

(6) With license plates which have an expiration date more than 30 days prior to the date of
inspection.

ABANDONED MOTOR VEHICLE - EXEMPTIONS. For the purposes of this chapter, the following vehicles
shall not be considered abandoned motor vehicles:

(1) A classic or pioneer car, as defined in M.S. § 168.10; provided, that it is kept secure and
as long as it has substantial potential further use consistent with its usual functions;

(2) Vehicles on the premises of a motor vehicle and part's dealer, junkyard, junk dealer, motor
vehicle salvage dealer, automobile repair garage, or body shop; provided such motor vehicle and
parts dealer, junkyard, junk dealer, motor vehicle salvage dealer, automobile repair garage, or
body shop has all licenses and permits required by the City of Worthington, and the State of
Minnesota;

(3) A vehicle kept inside an enclosed garage or storage building;

(4) A racing car as hereinafter defined;

(5) A stock car as hereinafter defined; or

(6) A car which is being used for parts and there is compliance with the provisions of § 97.14.

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AUTO REPAIR LOT. An establishment primarily engaged in the repair or maintenance of motor vehicles,
trailers, and similar mechanical equipment, including but not limited to brake, muffler, upholstery
work, tire repair and change, lubrication, tune ups, and transmission work, provided it is
conducted within a completely enclosed building being correctly zoned and licensed for such use.

RACING CAR. Any motor vehicle designed or intended for operation on a speedway, racetrack, or
other facility used or designated for high speed contests between two or more vehicles or for
timing of speed.

STOCK CAR. Any motor vehicle of standard design and construction which is modified, adapted or
altered in any manner to increase the speed or safety, and designed or intended for operation on a
speedway, racetrack, or other facility used or designed for high speed contests between two or more
vehicles or for timing of speed.

INOPERABLE VEHICLE. A vehicle, other than a restorable automobile or street rod as those terms are
defined in this section, including, but not limited to, any automobile, truck, trailer, marine
craft, snowmobile, motorcycle, all terrain vehicle, mobile home, pickup camper, camping trailer,
and other equipment for motorized transportation, which is in a condition which is described by one
of the following:

(1) Has a missing or defective part that is necessary for the normal operation of the vehicle
including, but not limited to the (a) motor, (b) drive train (c) a wheel or wheels;

(2) Is stored on blocks, jacks, or other supports;

(3) Does not display a license, or displays a license that is 30 90 days or more past its
required renewal date;

(4) Unmounted pickup campers or vehicles which are towed shall not be deemed inoperable vehicles
if they otherwise possess all parts and are capable of normal operation and, if a license is
required, display a license that is not more than 30 90 days past its required renewal date.

RESTORABLE AUTOMOBILES, STREET RODS. A restorable automobile or a street rod is a vehicle which is
or can be restored or modified so it is operable on streets and highways and which fits all of the
following criteria:

(1) The owner of the vehicle has notified the City's Public Works Department by letter that an
automobile restoration or street rod construction project is underway;

(2) The vehicle is eligible for collector/street rod/or pioneer license plates under Minnesota's
motor vehicle registration laws;

(3) The vehicle is titled in the name of the person sending the letter of notification for which
provision is made in (1) above, or an application for such title is pending with the State of
Minnesota;

PARTS CAR. A parts car is a car which is used for the purpose of obtaining parts for the
restoration or rebuilding of other cars.

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Section III

The Worthington City Code, Title IX, Section 97.03 shall be amended to read as the following:

§ 97.03 ALLOWING AN ABANDONED MOTOR VEHICLE OR INOPERABLE VEHICLE ON PROPERTY.

No person in charge or control of private property, whether as owner, tenant, occupant, lessee or
otherwise, shall allow an abandoned motor vehicle or inoperable vehicle to remain on such property
unless in a completely enclosed building or an auto repair business screened in accordance with
§97.15.

Section IV

The Worthington City Code, Title IX, Section 97.05 shall be amended and read as the following:

§ 97.05 IMMEDIATE SALE.

When an abandoned motor vehicle or inoperable vehicle is more than seven model years of age, is
lacking vital component parts, and does not display a license plate currently valid in Minnesota or
any other state or foreign country, it shall immediately be eligible for sale at public auction
after police or community service officer takes custody and shall not be subject to the
notification, reclamation or title provisions of this chapter or other statutory or ordinance
provisions.

Section V

The Worthington City Code, Title IX, Section 97.06 shall be amended and read as the following:

§ 97.06 NOTICE.

(A) When an abandoned motor vehicle or inoperable vehicle does not fall within the provisions of
§ 97.05, the City Police or the City Neighborhood Services Officer shall give notice of the taking
within ten days . The notice shall set forth the date and place of the taking, the year, make,
model and serial number of the abandoned motor vehicle or inoperable vehicle and the place where
the vehicle is being held, shall inform the owner if known and any lien holders if known of their
right to reclaim the vehicle under § 97.07 and shall state that failure of the owner or lien
holders of their right to reclaim the vehicle shall be deemed a waiver by them of all right, title,
and interest in the vehicle and a consent to the sale of the vehicle at a public auction pursuant
to § 97.08.

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(B) The notice shall be sent by mail to the registered owner, if any, of the abandoned motor
vehicle or inoperable vehicle and to all readily identifiable lienholders of record. If it is
impossible to determine with reasonable certainty the identity and address of the registered owner
and all lienholders, the notice shall be published once in a newspaper of general circulation in
the area where the motor vehicle was abandoned. Published notices may be grouped together for
convenience and economy. The notice, whether mailed or published, shall describe the vehicle
sufficiently so the vehicle can be identified.

Section VI

The Worthington City Code, Title IX, Section 97.11 shall be amended and read as the following:

§ 97.11 STORAGE OR PARKING STOCK CAR, RACING CAR, OR INOPERABLE VEHICLE.

It is unlawful for any person to park, keep, place, or store or permit the parking or storage of a
stock car, racing car, or inoperable vehicle on a public street or alley, or on any private lands
or premises the person owns, occupies, or controls unless it shall be within a building or screened
on an auto repair lot in accordance with §97.15.

Section VII

The Worthington City Code, Title IX, Section 97.14 shall be amended and read as the following:

§ 97.14 STORAGE OF RESTORABLE AUTOMOBILE OR STREET ROD.

It is unlawful for any person to park, keep, place, or store or permit the parking or storage of a
restorable automobile, which is inoperable, or street rod, which is in the process of construction,
unless visible progress on the restoration of the vehicle is occurring. For purposes of this
section "visible progress" means that a reasonable person knowledgeable about motor vehicle
restoration would conclude that a bona fide restoration or street rod construction effort is
occurring with the vehicle. Dead grass under the vehicle or weeds growing through the chassis of
the vehicle shall be prima facie proof that no restoration of the vehicle is in progress. During
automotive restoration efforts, no loose parts may be stored in the yard, there can be no tarps
used over the cars and under no circumstances can any such car be stored in the front, rear or side
yard. Parts cars can be brought on to the rear yard of a person who has a project car registered
with the city only for the purpose of stripping the parts for later use. The vehicle must be
stripped as promptly as possible. Two weeks from and after the date the parts car is brought upon
the premises the parts car must be removed from the premises. No motors, tires, axles,
transmissions, or parts of any kind or nature, may be stored outside. When a parts car is brought
upon the premises the City Neighborhood Services Officer must be notified of the date the parts car
was brought upon the premises.

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Section VIII

The Worthington City Code, Title XI, Section 97.15 shall be established and read as the following:

§ 97.15 INOPERABLE VEHICLES ON AUTO REPAIR LOTS

Auto repair shops shall keep no more than six (6) inoperable vehicles on the premises at any one
time. All inoperable vehicles must be screened and stored behind at least a six (6) foot tall
privacy fence on four sides and shall not be seen from the public right-of-way. If more than six
(6) inoperable vehicles are on the property at one time or any inoperable vehicles are stored
outside of the required screening, it shall constitute a junk yard as provided in the City’s Zoning
Ordinance in Chapter 155.010.

Section IX

The Worthington City Code, Title IX, Section 97.99 shall be amended and read as the following:

§ 97.99 PENALTY.

No person shall abandon any motor vehicle in violation of § 97.02 of this chapter or allow an
abandoned motor vehicle or inoperable vehicle to remain on property in violation of § 97.03 of this
chapter. Any such violation shall be a misdemeanor and shall be punished by a fine not to exceed
$7001000 or imprisonment for not more than 90 days, or both., plus the costs of prosecution. Each
day the violation continues to exist shall constitute a separate offense.

Section X

The Worthington City Code, Title IX, Section 99.04 shall be amended and read as the following:

§ 99.04 OUTSIDE PARKING IN NONRESIDENTIAL DISTRICTS.

(A) In all commercial, industrial, business and transitional zoning districts, all motor
vehicles, agriculture and industrial equipment shall be stored within a building or be fully
screened so as not to be visible from adjoining or adjacent lands and streets, except for the
following:

(1) Motor vehicles bearing current registration licenses and operable, provided the vehicles are
necessary for the operation of the business; and

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(2) Licensed or unlicensed motor vehicles, agriculture or industrial equipment held for sale,
distribution, repair or rent by authorized dealers or businesses provided they are not inoperable
vehicles as defined in § 97.01 ; and

. (3) Licensed or unlicensed motor vehicles, agriculture or industrial equipment used to obtain
parts for repair of a customer’s motor vehicle, agriculture or industrial equipment, provided that
such equipment and/or motor vehicles are removed within 30 days after acquisition by authorized
dealers and businesses.

(B) Except as provided in § 99.06, upon adoption of this chapter the parking of motor vehicles,
agriculture and industrial equipment upon the public right-of-way shall be prohibited.

Section XI

The Worthington City Code, Title XV, Section 155.010 Junk Yard definition shall be amended to read
as the following:

JUNK YARD. An open area where waste or second hand materials are bought and sold, exchanged,
stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other
metals, paper, rags, rubber tires, used lumber and bottles. A junk yard includes automobile
wrecking yards, and used implement storage yard, and includes any area of more than 200 square feet
for storage, 7 or more inoperable vehicles on an auto repair lot, keeping or abandonment of junk
but excludes uses established entirely within enclosed buildings in nonresidential districts. It
also excludes establishments for the sale or purchase of used operable automobile, and the
processing of used, discarded or salvage materials as part of those manufacturing operations which
conform to this title.

Section XII

The Worthington City Code, Title XV, Section 155 Appendix E: Table 5 (Schedule of Use Regulations)
shall be amended to read as follows:

Table 5: Schedule of Use Regulations Subtitle: Part II. Non-Residential Use Groups

P. AUTOMOTIVE SALES AND FARM IMPLEMENT - Automotive sales, parts, repair or for hire, auto
accessories, auto auction, used car lots, farm implement sales, parts and repair, recreation
vehicle sales, parts and repair, mobile home sales. and storage Sales shall not include inoperable
vehicles.

NN. AUTOMOTIVE REPAIR SERVICES– An establishment primarily engaged in the repair or maintenance of
motor vehicles, trailers, and similar mechanical equipment, including but not

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limited to brake, muffler, upholstery work, tire repair and change, lubrication, tune ups, and
transmission work, provided it is conducted within a completely enclosed building.

Letter NN- Automotive Repair Services shall be allowed as a conditional use permit in the “B- 2”,
“B-3”, “B-4”, “M-1” and “M-2” districts.

Section XIII

The Worthington City Code, Title XV, Section 155 Appendix F: Schedule of Use Regulations Shoreland
Overlay District (SO) shall be amended to read as follows:

Subtitle: Part II. Non-Residential Use Groups

P. AUTOMOTIVE SALES AND FARM IMPLEMENT - Automotive sales, parts, repair or for hire, auto
accessories, auto auction, used car lots, farm implement sales, parts and repair, recreation
vehicle sales, parts and repair, mobile home sales. and storage Sales shall not include inoperable
vehicles.

JJ. AUTOMOTIVE REPAIR SERVICES– An establishment primarily engaged in the repair or maintenance of
motor vehicles, trailers, and similar mechanical equipment, including but not limited to brake,
muffler, upholstery work, tire repair and change, lubrication, tune ups, and transmission work,
provided it is conducted within a completely enclosed building.

Letter JJ- Automotive Repair Services shall be allowed as a conditional use permit in the “B-2”,
“B-3”, “B-4”, “M-1” and “M-2” districts.

Section XIV

The City Clerk is hereby directed to file a certified copy of this ordinance in the office of the
Recorder in and for the County of Nobles, State of Minnesota.

Section XV

Passed and adopted by the City Council of the City of Worthington, Minnesota, this day of
, 2020

(SEAL)

Mike Kuhle, Mayor

Attest:

Mindy Eggers, City Clerk