Automobile Nuisances

This page addresses two issues: automobile repair in streets and yards where it becomes an annoyance to neighbors and  the parking of vehicles in front yards other then driveways.   See related files for regulating  the accumulation of inoperable vehicles on private property which are not screened from public view or are on public property. Note that in Washington state there are specific statutory provisions which govern junk vehicles.

Contents

• Automobile Repair
• Automobile Storage
• Related MRSC Pages
  • Automobile (Motor Vehicle) Noise
  • Comprehensive Parking Regulations
  • Junk Vehicles
  • Parking of Vehicles (on public ways)
  • Property Maintenance and Clean-Up Programs
  • Parking and Storage of Oversized Vehicles - Commercial - RVs Boats
  • Unsightly Areas: Vehicle Accumulation

Automobile Repair

In a situation where an individual continuously parks a number of basically operable vehicles in a front yard or on the street for the purpose of working on the vehicles, there may be several methods of addressing the problem. Most of the city and county ordinance provisions address automobile repair as a nuisance. Another approach is through zoning as in the example from Everett. Some local governments regulate automobile repair through parking provisions such as the example from Burlington. If an individual's auto repair "hobby" takes on characteristics of an automobile repair shop operating from his property, the use may meet the city's zoning code definition of an "auto repair facility" which is generally not a permitted use in a residential zone. Automobile repair on public streets is prohibited by WAC 308-330-436, which is part of the Model Traffic Ordinance.

• Bellingham Municipal Code, Section 10.28.020 (O) - Nuisances Declared. .. The repairing of automobiles or vehicles of any kind upon the public streets or in the alleys of the city...
• Burlington Municipal Code, Section 10.12.200 - Repair on Public Property Prohibited  - includes exception for emergency repairs
• Elma Municipal Code, Section 8.16.020 - Public Nuisances Declared....(18)  Repair upon the public streets, alleys or other public property of the City, of any automobile, truck, or other motor vehicle or any other device required to possess a license issued by the Department of Motor Vehicles of this state or the state of its registration except for emergency repairs not to exceed forty-eight hours in any seven day period and only so long as it is located as not to constitute a hazard or unreasonable interference to pedestrian or motor vehicle travel or the placement or storage upon these sights of vehicles, materials, or other objects contrary to the provision of any applicable section of this code....(Ord. 942 §2, 1995)
• Everett Zoning Code, Section 19.39.160  - Vehicle and Equipment Repair on Residential Premises.

Automobile Storage - Too Many Parked Cars

Some cities adopt restrictions in their zoning codes and parking regulations prohibiting the parking of vehicles outside of "driveways" or within required front- and side-yard areas. The key to enforcement of these types of regulations appears to be an adequate definition of "driveway" or "parking area" applicable to the residential zone; specification of required minimum front-, side-, and rear-yards, including landscaping; and prohibitions against parking vehicles outside of driveways or other allowable parking areas. Restrictive parking regulations can be accompanied by provisions allowing parking or storage of vehicles on residential lots if there is appropriate fencing or other screening.

It may be helpful to differentiate between motor vehicles generally and recreational vehicles. Storage of recreational vehicles on residential lots are often addressed through separate regulations. It may also be useful to enact companion regulations regulating the parking of vehicles on public streets and rights-of-way to avoid the situation where vehicles being removed from private property and end up being parked on public streets.

Finally, some cities appear to regulate parking of excessive numbers of inoperable vehicles by declaring such accumulations to be nuisances. Again, these regulations are in addition to regulations regarding storage of abandoned, inoperable vehicles on private property which are subject to the provisions of chapter 46.55 RCW.

• Auburn Municipal Code, Section 18.52.120 Parking in front or side yards - Prohibited Generally.
• Bellingham Municipal Code, Section 11.33.185 Parking Within Residential Yards Prohibited.  No person shall stop, stand, or park a vehicle within the area designated as a minimum front yard, or side yard on a flanking street....
• Everett Zoning Code, Section 19.34.060  Location of Off-street Parking.... J. Automobiles shall not be parked in required front yard setback areas in single-family and duplex zones....
• Lynnwood Municipal Code Section 10.08.200 (B)(17) Public Nuisance Defined.... regulates the number of vehicles that can be stored or parked
• Normandy Park zoning Code Section  18.32.080 ( 621 KB) - Bulk regulations for primary uses - No part of any required front yard setback shall be used for the storage or parking of any vehicles....
• Redmond Community Development Code Section 20D.130.10-040(4)  General Parking Requirements ....(4) Parking in building setback areas in residential zoning districts and design areas not allowed other than in driveways ....