(a) No person shall construct or otherwise maintain a parking space within a street lawn area without first obtaining a permit issued by the Director of Building and Zoning upon an application made pursuant to subsection (c) hereof.
(b) The Director of Building and Zoning is hereby authorized to issue a permit or revoke such permit consistent with the provisions of this section for the construction of a parking space within the street lawn area adjacent to any lot within a residential area of the City that is without curbed streets.
(c) An application for a permit shall be submitted in such form as the Director of Building and Zoning may prescribe. Such application shall be made by the owner, lessee, or agent of either, of the lot adjoining the proposed parking space, or the architect, engineer or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee of the adjoining lot, it shall be accompanied by a duly verified affidavit of the owner in fee or the person making the application, that the proposed work is authorized by the owner in fee of the adjoining lot and that the person making application is authorized to make such application. The application shall contain the full names and addresses of the applicant and of the owner and, if the owner is a corporate body, of its responsible officers. Such application shall describe briefly the propsoed work; be accompanied by drawings of the proposed work, drawn to scale, and shall give such additional information as may be required by the Director of Building and Zoning.
(d) The Director of Building and Zoning shall not issue a permit for the construction of more than one parking space in each street lawn area adjacent to a particular lot.
(e) A parking space in a street lawn area shall be constructed of loose gravel, marble chips, brick or other similar material providing a pervious surface as may be determined by the Director of Building and Zoning, and shall be at least six inches in depth.
(f) A border made of material sufficient to clearly define the parking space from the adjacent lawn area shall exist at all times. Such border shall also prevent the spread of parking space materials to adjacent lawn areas and vice-versa. The border material shall be subject to the approval of the Director of Building and Zoning.
(g) A parking space in a street lawn area shall not exceed twelve and one-half feet in width from the outside edge of the paved road and twenty-four feet in length.
(h) A parking space shall not be located in the front yard area of any lot in a residential district.
(i) Parking spaces shall be maintained free of weeds and other debris by the owner or lessee of the adjoining lot.
(j) Adjacent street surfaces shall be kept free of parking space construction material and other debris.
(k) Cars on such spaces shall be parked parallel to the adjoining streets and facing the same direction as the flow of traffic of the lane of travel nearest the parking space.
(l) Vehicles prohibited from parking or standing on any street pursuant to Section 351.16 of the Codified Ordinances are also prohibited from parking or standing upon parking spaces authorized by this section.
(m) No person who is the owner, agent, or operator or other person in charge of any vehicle shall permit such vehicle to remain parked, standing or abandoned upon any legal parking space located upon a street lawn area for a continuous period longer than twenty-four hours or park such vehicle within two and one half feet of the edge of the paved road. This section shall not be construed as affecting any other parking regulation now in effect or that may hereafter become effective but shall be construed as an additional parking limitation. The purpose of this subsection is to prohibit continuous long-time parking and the storage of vehicles upon public right-of-ways.
(n) The Director of Building and Zoning and the Division of Police have the authority to enforce this section.
(o) No person shall park or stand a vehicle, except a bicycle, upon a street lawn area unless upon a parking space constructed and maintained in accordance with this section.
(Ord. 94-24. Passed 8-1-94.)
(p) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.