§ 1601-5. Residential Storage.

(a)

Outdoor Storage. No person shall keep, maintain, or store any items in any yard (as the term "yard" is defined in CMC Section 1401-01-Y) of any property located in a residential zoning district other than those items that were manufactured for outdoor use and storage, or indoor/outdoor use and storage, on a residential property, including, but not limited to, grills, barbeques, outdoor lawn furniture, swimming pool equipment, residential-size garbage and recycling cans and bins, lawn ornaments, landscape containers, dog houses, decorative benches, children's toys and play sets. Those items that are permitted to be kept outdoors shall be stored only in the rear yard (as the term "rear yard" is defined in CMC Section 1401-01-R1). Outdoor storage shall at all times be orderly and maintained in a safe and sanitary condition. No broken or inoperable items shall be stored in any yard.

(b)

Exceptions. Notwithstanding the foregoing, this Section 1601-5(a) shall not apply to items stored within lawfully constructed and maintained storage sheds, outbuildings, or garages, but shall apply to carports, covered patios or any other open-air structure. Further notwithstanding the foregoing, building materials, such as lumber, roofing supplies, concrete blocks, and siding, may be temporarily stored in the rear yard of a property located in a residential zoning district for the period in which a valid building permit remains open, or if no building permit is required, for a maximum of sixty (60) consecutive days.

(c)

Aggregate Materials. In no event shall any aggregate materials, such as gravel, sand, and mulch, be stored in any yard of any property located in a residential zoning district for a period of more than thirty (30) consecutive days, and any such aggregate materials may be covered only by a tarpaulin during such permitted storage period.

(d)

Conflicts. If any of the provisions of this Section 1601-5 conflict with any of the provisions of Section 1601-23 regarding motor vehicle parking, the provisions of Section 1601-23 shall control. Further, if any of the provisions of this Section 1601-5 conflict with any of the provisions of CMC Section 1419-24 regarding portable storage containers, the provisions of Section 1419-24 shall control.

(e)

Penalties.

(i)

Any person who violates any part of this Section 1601-5 shall have ten (10) calendar days from the date of the written notice of the violation to cure such violation. Whoever fails to cure any such violation within such time period is guilty of a fourth degree misdemeanor.

(ii)

Whoever receives three (3) or more citations for violations of this Section 1601-5 during a twelve (12) month period following the first citation is guilty of a third degree misdemeanor.

(iii)

Whoever receives six (6) or more citations for violations of this Section 1601-5 during a twenty-four (24) month period following the first citation is guilty of a first degree misdemeanor.

(Ordained by Ord. No. 158-2006, § 1, eff. June 1, 2006; a. Ord. No. 053-2012, § 1, eff. March 29, 2012)