§ 72.28  OFF-STREET PARKING.
   (A)   Location of off-street parking spaces.
      (1)   Front and side yards.  In a residential district, no part of a front yard or of a side yard abutting a public street shall be used as a parking space for a motor vehicle, boat, trailer, or other vehicle of equivalent or larger size, except upon a regularly constructed driveway.
         (a)   Citations for illegal parking.
            1.   Issuance. Whenever any vehicle without a driver is found parked or stopped in violation of the restriction imposed by this section, the inspector finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a citation in writing on a form provided by the city for the owner of the vehicle to answer the charge against him/her within ten days at the time and place specified in the citation. The inspector shall deliver copies of the citation to the Clerk of the Municipal Court.
            2.   Administrative payment of citation.  Any person may elect to pay a fine to the Court Clerk in lieu of appearing before the Municipal Court for formal arraignment.
               A.   Persons electing to so administratively pay their fines, shall appear before the Court Clerk of the city and enter a plea to charges received.
               B.   Persons electing to so administratively pay their fines shall pay $103 and court costs per each violation.
            3.   Formal arraignment.  Any person electing to appear before the Municipal Court for formal arraignment shall be subject, upon conviction, to a fine of not less than $103 nor more than $200 per each violation.
            4.   Failure to comply with citation.  If the owner of the vehicle does not respond in obedience to a citation affixed to the vehicle within a period of ten days, the citation shall be deemed to be delinquent and a warrant shall be issued.
         (b)   Presumption in reference to illegal parking.
            1.   In any prosecution charging a violation of this section, proof that the vehicle described in the citation was parked in violation of this section, together with proof that the defendant named in the citation was at the time the citation was issued the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred.
            2.   The provisions of division (b)1. shall apply only when the procedure prescribed in this section has been followed.
      (2)   Relation to premises.  Off-street parking space may occupy all or any part of any required yard, but may not occupy any required livability space. For any new commercial or industrial use, required off-street parking, which because of the size or location of the parcel cannot be provided on the same zoning lot with the principal use, may be provided on other property not more than 200 feet distant from the building site. Such parking space shall be deemed to be required parking associated with permitted principal use and shall not thereafter be reduced or encroached upon in any manner. For any new residential use, off-street parking shall be provided on the same tract, adjacent to said tract, or essentially inline with same tract across the alley or street right-of-way therefrom but not more than 200 feet distant from the building site.
      (3)   Vision clearance at intersections.  When a driveway intersects a public right-of-way, an unobstructed cross-visibility at a level between two  and eight feet shall be allowed in the triangular areas on both sides of the driveway; two sides of each triangle being ten feet in length from the point of intersection of the driveway and public right-of-way and the third side being a line connecting the ends of the other two sides.  No parking shall be permitted in these triangular areas.
   (B)   Development and maintenance of off-street parking facilities.
      (1)   Plans.  An applicant for a building permit must submit plans showing the off-street parking required by this section. These plans must show location, arrangement, and dimensions of the off-street parking, turning spaces, drives, aisles, and ingress and egress in a matter satisfactory for the safety and convenience of pedestrian, as well as vehicular, traffic. The plans must also show landscaping materials and screening. A title block will accompany the plan showing: scale date, north arrow, name and address of property owner, and person drawing parking and landscaping plan.
      (2)   Size.  Each space shall be at least 8 ½ feet wide and 19 feet long.
      (3)   Access.  Adequate access drive shall be provided for all parking spaces not abutting a public street or alley. Ingress and egress driveways shall be no wider than 30 feet for residential uses, and 35 feet for commercial/industrial uses, exclusive of curb returns.
      (4)   Screening.  All commercial, industrial, and multi-family uses and all open off-street parking areas with more than five spaces that are located within 20 feet of a common property line shall be screened from any adjoining residentially zoned lot by a solid and opaque ornamental fence, wall, dense evergreen hedge, berm, or effective equivalent or combination, having a height of not less than six feet. Such fence, wall, hedge, or effective equivalent shall be maintained in good condition.
      (5)   Improvement.
         (a)   Surfacing, Marking and Drainage. All off-street parking spaces and their access roads shall be paved with an all-weather surface of asphaltic concrete, portland cement concrete or any equivalent material acceptable to the City Engineer and maintained such that no dust will result from continued use. Spaces shall be arranged and marked so as to provide for orderly and safe parking.  Drainage shall be provided to dispose of all surface water without crossing sidewalks.
         (b)   Barriers/Bumpers.  Except for parking areas provided for single-family and two-family units, suitable barriers or curbs shall be provided to protect public sidewalks. Wheel or bumper guards shall be located so that no part of any vehicle shall extend beyond the parking area, intrude on pedestrian ways, or come in contact with walls, fences or plantings.
         (c)   Lighting.  Lighting for off-street parking shall be adequate and so arranged as to direct the light away from any adjoining property in a residential district.
         (d)   Landscaping.  From the effective date of this section, all new off-street parking areas with six or more spaces shall be landscaped.  For enlarged parking areas, only the increment of expansion shall be subject to landscaping requirements.
         (e)   Waiver of Surfacing Requirements for the Handicapped.  The Planning Director may, upon written request, consider a waiver of surfacing requirements which would permit persons with a handicap to park their vehicles on unimproved front or side yard surfaces in order to allow access to a walkway suitable for safe transport to their dwelling unit.  Consideration will be given only to individuals that qualify for Emergency Access Grant funds as administered by the city and to owners of vehicles currently displaying a handicapped person decal.  The applicant shall, in writing, describe why he/she is unable to comply with this section and what special needs will be met through a waiver. After review of the letter of application, the Planning Director shall either approve or deny the request. The Director's decision may be appealed to the Board of Adjustment.
   (C)   Additional requirements for parking lots permitted as a special use and for parking lots for uses  adjacent to a residential use or district.  In any case where (1) special use is granted for the use of property for off-street parking in a residential district, or (2) when parking is provided for a commercial, industrial or church use and abuts or faces a residential district, or (3) when parking is provided for a multifamily use abutting or facing a single-family use or district, the following restrictions shall apply:
      (1)   The sides and rear of any such lot shall be screened from the residential district by a solid and opaque ornamental fence, wall, dense evergreen hedge, berm, or effective equivalent, having a height of not less than six feet. Such fence, wall, hedge, or effective equivalent shall be maintained in good condition and observe the setback requirements of division (2) below.
      (2)   No parking shall be permitted within a front yard setback line established 20 feet back on the property line of interior and corner lots wherever the parking lot immediately abuts or is directly across the street from the front yard of a residential unit.
      (3)   All yards shall be landscaped with grass, shrubs, or evergreen ground cover and maintained in good condition the year around.
      (4)   Any lighting that is installed shall have minimal impact on abutting properties. All lights must be shielded or oriented so that the light source does not shine onto nor is visible from any abutting property or right-of-way.
   (D)   No person shall park, stop or stand any motor vehicle in the space between the curb line of the street and the private property line on any street unless there be an approved cutback especially provided for such purpose. This requirement as to cutback shall not apply where there is no permanent curb, and this section shall not be construed to prevent parking of vehicles outside of the front property line of commercial parking lots or outside of the front property line of residential property where commercial parking is allowed as a use permissible on certain days or as special use. In the event the owner of any land lying between the right-of-way lines of the street and setback lines of his tract desires to surface with concrete or asphalt he shall first submit the plans and specifications of the proposed cut, paving, drainage, and lot design to the City Engineer for the Engineer's approval.
(Ord. 2005-14, passed 9-6-05)