Apple Valley Municipal Code Ch. 12.38 Commercial Vehicle Parking

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a) Adjacent lot or adjacent to as used herein means a lot sharing a common property line with the applicant's residence.

(b) Commercial vehicle means any vehicle having a manufacturer's gross vehicle weight rating (GVWR) exceeding 26,001 pounds, and additionally will include all semi-truck tractors, semi-truck trailers and semi-truck tractor-trailer combinations. Vehicles registered as recreational vehicles that are utilized for the resident's personal use only, and not utilized for commercial gain, are not "commercial vehicles" for purposes of this Section regardless of gross vehicle weight rating.

(c) Parking permit means the Commercial Vehicle Parking Permit issued by the Town of Apple Valley.

(d) Lot size means the size of a lot as determined by the San Bernardino County Assessor's Parcel Map.

(e) Commercial vehicle operators/owners means an individual or individuals that operate a commercial vehicle as part of their business or as part of their employment.

(a) No person shall park, or leave standing any commercial vehicle(s), including combination tractor and trailer(s), towed trailers, semi-trailers, or other towed equipment unless the actual loading or unloading of said vehicle is in progress, except:

(1) Commercial vehicle parking shall be permitted on approved truck routes for one hour or less, within 300 feet of a commercial business. Commercial vehicle must be legally parked entirely out of the traveled roadway. Commercial vehicle parking is prohibited on Outer Highway 18, Outer Bear Valley Road, Outer Central Road, and in any parking lot other than for purposes of loading, and unloading.

(b) Parking of commercial vehicles is prohibited within the Town right-of-way.

(c) Parking of commercial vehicles is prohibited in front of the residence or garage.

(d) Parking of commercial vehicles is prohibited in all residential zoning districts, except:

(1) In the residential agricultural (R-A) district with a minimum of two and one-half acres, and if a permit is obtained, and applicable provisions of Sections 12.38.030 and 12.38.040 are complied with.

(2) In the residential low density (R-LD) district with a minimum of two and one-half acres, and if a permit is obtained, and applicable provisions of Sections 12.38.030 and 12.38.040 are complied with.

(3) In the residential very low density (R-VLD) district with a minimum of two and one-half acres, and if a permit is obtained, and applicable provisions of Sections 12.38.030 and 12.38.040 are complied with.

(4) And for holders of commercial vehicle parking permits existing on, or prior to June 22, 2001, and subject to the applicable conditions and exceptions in Section 12.38.030.

(e) Parking of commercial vehicles is prohibited in the required front yard setback or street side setback.

(f) Parking of commercial vehicles is prohibited on vacant lots.

(g) Continuous operation in excess of 15 minutes of commercial vehicle engines, accessory generators, or compressors is prohibited in, or adjacent to residential zoning districts.

(h) Repair of commercial vehicles, other than adding oil, brake adjustments, or minor repair of electrical, belts, hoses, lights, or similar equipment, is prohibited in residential zoning districts. This Section does not remove the requirement to have a commercial vehicle parking permit.

(i) Commercial vehicles carrying hazardous materials, substances, or wastes, as defined in the California Vehicle Code, are prohibited in, or adjacent to any residential zoning district.

(j) Unattached trailers, or semi-trailers are prohibited on any highway, street, alley, public way, or public place except in the process of being loaded, or unloaded. Disabled trailers, semi-trailers, or construction equipment, which requires disconnecting the trailer to perform the required service, shall be removed from the public right-of-way within 24 hours.

(k) Commercial vehicles are prohibited from being used as storage containers in any residential zoning district.

(l) In addition to the restrictions set forth in this Chapter, commercial vehicles shall be subject to any and all vehicle parking restrictions set forth in Chapter 12.37.

(m) Parking of commercial vehicles exceeding 10,000 pounds is prohibited at any time in all streets in the Spring Valley Lake Area bound by Bear Valley Road on the south, Mojave River on the west, Appaloosa Road on the north, and Reata Road, Sorrel Drive, and Yorkshire Drive on the east. The Town Manager or his or her designee shall cause either curb markings to be painted or signs to be installed as may be necessary to carry out the provisions of this Subsection.

(Ord. No. 550, § 4, 3-8-2022)

Residents holding a valid Commercial Vehicle Parking Permit to park their commercial vehicle on their residential property prior to June 22, 2001, may continue to park their commercial vehicle(s) at the permitted residence subject to the conditions contained in this Section, and in Section 12.38.040. Issuance of a permit shall not excuse compliance with all other applicable provisions in this Chapter.

(a) A completed Commercial Vehicle Parking Permit application must be filed with, and approved by, the Town of Apple Valley Planning Department.

(b) The applicant for any parking permit shall be the owner of the property, or if renting the residence, shall have written permission from the property owner. The permit is not transferable to another person or property.

(c) At the time of application for the parking permit, the applicant shall show proof that he/she is the registered owner of the commercial vehicle, the vehicle has current annual registration, and the vehicle complies with any applicable air quality requirements. The parking permit may also be issued to operators who show written permission of the vehicle owner, current annual registration, and that the vehicle complies with any applicable air quality requirements. Permits shall be renewed annually per Section 12.38.040(e).

(d) Any applicant to whom Chapter 9.03.0600 Home Occupation Permits applies shall comply with the requirements of said Chapter 9.13.0600 and also obtain a Town business license, unless exempted by State and Federal regulations.

(e) Commercial vehicle parking is prohibited on lots smaller than 18,000 gross sq. ft.

(f) Parking of the tractor or bobtail without trailer(s) may be permitted in the front of the residence, or garage, when there is no access and/or available space to the rear or side of the residence. The tractor must be completely parked on private property in such a way that it does not obstruct the view of traffic on the public streets or from adjacent properties, and is parked no further than 20 ft. from the residence.

(g) The following requirements and limitations shall apply to residents who utilized their property for commercial vehicle parking on or prior to July 24, 1997:

(1) A maximum of two commercial vehicles or combination tractors and trailers in excess of 26,001 pounds GVWR shall be permitted per each improved residential lot of one acre or more in size.

(2) A maximum of one commercial vehicle or combination tractor and trailer in of excess 26,001 pounds GVWR shall be permitted per each improved residential lot greater than .4 acre (18,000 gross sq. ft.) and less than one acre in size.

(h) The following requirements and limitations shall apply to residents who began utilizing their property for commercial vehicle parking after July 24, 1997, and on or prior to June 22, 2001;

(1) A maximum of two commercial vehicles or combination tractor-trailer in excess of 26,001 pounds GVWR shall be permitted per each improved residential lot of one acre or more in size.

(2) Parking of commercial vehicles is prohibited on lots less than one acre in size.

(i) The following requirements and limitations shall apply to residents who began utilizing their property for commercial vehicle(s) parking after June 22, 2001, in the R-A, R-LD, and R-VLD Residential Zones;

(1) A maximum of two commercial vehicles or a combination tractor-trailer in excess of 26,001 pounds GVWR shall be permitted per each improved residential lot of two and one-half acres or more in size.

(j) The Commercial Vehicle [Parking] Permit is not transferable to another operator or another resident of the property.

(k) Emergency utility response vehicles used in the community may be exempted from the requirements of this Chapter provided there is no approved corporation yard or parking space located within the Town boundary. This exemption will be approved on a case by case basis by the Town Manager or designee.

The following provisions shall also apply to holders of Commercial Vehicle Parking Permits:

(a) Commercial vehicles shall be parked to the rear, or side of the residence in such a manner as to minimize visibility from the road.

(b) Commercial vehicles shall be parked a minimum of 25 ft. from any residential structures on adjacent property. If this is not feasible, this condition may be waived upon written consent from the occupant of the adjoining, affected residence.

(c) For Commercial Vehicle Parking Permits issued prior to June 22, 2001, parking may be permitted on an adjacent vacant lot under the same ownership as the applicant's residence, only when there is no access and/or adequate space to the rear or side of the residence, subject to compliance with all other conditions including:

(1) Commercial vehicles parked on a vacant lot shall be parked the same distance from the roadway as the applicant's residence.

(2) The commercial vehicle shall be parked within 20 ft. of the fence line or residential structure of applicant's property.

(3) The commercial vehicle shall be parked perpendicular to the street and behind the front yard setback.

(d) A Town of Apple Valley parking permit placard must be affixed immediately below the right front interior visor of the commercial vehicle for which the permit was issued. Failure to display the placard is a violation of this Code Section.

(e) Proof of current annual registration must be submitted to the Town of Apple Valley by the commercial vehicle owner/operator on an annual basis to maintain a valid Commercial Vehicle Parking Permit. If the owner/operator fails to submit the required proof of annual registration the parking permit shall automatically expire on the parking permit's anniversary date.

A parking permit fee shall be established by resolution of the Town Council.

(a) Each person, firm, or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued, or permitted by such person, and shall be punishable accordingly.

(b) The parking permit may be revoked upon failure to comply with any provision of this Code.

The provisions of this Chapter shall be enforced by the Town Manager or designee.

(Ord. 183, 06-24-97; Ord. 218, 3-28-00; Ord. 234, 5-22-01; Ord. 452, 10-08-13)