Council continues to mull vehicles as 'decorative lawn art'

WORLAND — The Worland City Council continued discussion about vehicle storage in front yards and whether exceptions for “lawn art” should be allowed.

The council approved Ordinance 859 on first reading in March but tabled second reading April 6. City Attorney Kent Richins told the council he was not seeking action at this time on the changes he made, but rather the council could consider the changes and approve them next month by amending the proposed ordinance prior to second reading.

He said if the language for exceptions is approved there are other parts of the city code that will also have to be changed.

Ordinance 859 amends the city code regarding vehicle parking and storage on property. It adds to the current code a motorized or non-motorized watercraft and a snow machine to the definition of a recreational vehicle.

The current code prohibits certain vehicles from being parked or stored in side-yards and allows two operable vehicles to be parked in the back yard and one vehicle in disrepair. The current code does not address parking in the front yard.

Ordinance 859 would add another section to the code related to parking or storing vehicles in the front yard. It states, “No person shall place, park or street a motor vehicle, recreational vehicle, or utility trailer in any front yard of any residential premises except temporary parking for moving, loading and unloading, which is allowed only during such activity.

“Improved parking surfaces directly in front of residences [in the front yard] are strictly prohibited.”

The proposed language allowing exceptions states, “Exceptions to the provisions addressed in subsection D above, may be allowed with the following procedural requirements and conditions, to-wit: An item of personal property that is considered as violating subsection D above, may be granted an exception and therefore be allowed as determined by the City Council. Upon written notification of the violation to the property owner by the City Ordinance Officer, the following steps shall be taken to obtain an exception: 1. The owner of the real property shall file a written appeal with the City Clerk within 10 days of receipt of the written notification of the violation. The appeal, to the City Council, is for the purpose of considering the appropriateness of item claimed as ‘decorative lawn art’ which must be aesthetically pleasing and which does not have a distracting negative effect with respect to the neighborhood and surrounding properties.”

Richins noted that the ordinance is directly tied to parked vehicles so the exception would have to deal with vehicles as well and not other objects.

During the appeal process, the property owner can request an exception and must provide a photograph of the item and photographs of the area showing where the item will be placed in the yard.

Following the appeal, the council can deny the appeal/exception request or allow the exception with conditions.

“I tried to make it as simple as possible,” Richins said.

Council member Wendy Fredricks, who expressed concern for exceptions at the April 6 meeting, said she was happy with the proposed changes.

Barbara Brookwell said she does not want to be the appeals board. “I don’t want to be the one who determines is it art.”

Kreg Lombard said as a council, it is their job to follow through with the ordinances that they passed, thus it is reasonable for the council to handle the appeal/exception process.

OTHER BUSINESS

In other business last Tuesday, the council:

•Approved, upon the recommendation of engineering representative Mike Donnell, the bid from Wilson Brothers Construction for the sewer lagoon project. The bid was in the amount of $235,500. Four bids were opened on April 6. Donnell said the Wilson bid was the only one within budget and there were “technical problems with a couple bids.”

The project includes replacing three pumps at the sewer lagoon and replacing 1,000 feet of sewer line.

The city has received a 50% matching grant from the State Loan and Investment Board for the project.

•Approved on third and final reading Ordinance 858 replacing the subdivision chapter in the city code.

•Approved a curb, gutter and sidewalk loan for $19,446 for Ranchito. The loan term is for six years at 2% interest rate.

•Voted against allowing local contractors to purchase rotomill as the city uses that for future projects.

•Prior to adjournment went into closed executive session with department heads to discuss potential litigation matter.