(A) Beginning 10-1-21, and except as provided herein, no person shall cause, allow, permit or suffer any vehicle, trailer, or recreational vehicle to be stopped or parked in the front, side, or rear yard of residentially zoned property except on an all-weather surface as defined in § 155.003 of this code.
(B) It shall be an affirmative defense to prosecution under this section that at the time of the alleged offense the vehicle was parked or left standing due to a mechanical defect which made it unsafe to move, provided that the person having ownership or control of the vehicle, as soon as reasonably possible, but taking no more than 72 hours, has completed emergency repairs or summoned tow removal equipment, as appropriate.
(C) Parking spaces in addition to driveways and those parking spaces required in Chapter 155, Table 21-D are permitted in residentially zoned yards, provided they are improved with an alternative parking surface.
(1) Such additional parking spaces shall be limited to 50% of the area of the front yard or side yard.
(2) Such additional parking spaces shall be limited to 25% of the area of the rear yard.
(D) The prohibition found in division (A) above does not apply to:
(1) The parking of vehicles owned or leased by the city while being used by employees or agents of the city in the performance of their city duties;
(2) The parking of vehicles or trailers otherwise lawfully parked or left standing:
(a) At a construction site while construction is in progress;
(b) By public utility companies at a location where public service utilities are being repaired, installed, maintained, relocated, or extended.
(3) The parking of agricultural machinery or implements, including horse trailers;
(4) The parking of any vehicle, trailer, or recreational vehicle on an existing parking space. For the purpose of this section, an EXISTING PARKING SPACE means a clearly defined area where the soil has been compacted due to extended use so as not to create ruts when parked upon in wet weather and which is surfaced with gravel, provided said conditions existed prior to the effective date of this prohibition;
(5) The parking of any vehicle, trailer, or recreational vehicle on an existing driveway. For the purpose of this section, an EXISTING DRIVEWAY means a clearly defined area where the soil has been compacted due to extended use so as not to create ruts when driven upon in wet weather and is used to access an existing parking space, provided said conditions existed prior to the effective date of this prohibition;
(6) The parking of any utility trailer that is screened to not be visible from a public street or right-of-way, provided it is empty and does not pose a risk of fire or contamination of the soil or water table.
(E) Penalty.
(1) It shall be the duty of the Building Official to enforce the provisions of this section.
(2) In case any structure is erected, constructed, reconstructed, altered, repaired, or converted or any building or land is used in violation of this section, the Building Official is authorized and directed to institute any appropriate action to put an end to any such violation.
(3) Any person or corporation who shall violate any of the provisions of this section or fail to comply therewith or with any of the requirements thereof or who shall build or alter any structure in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and shall be liable to a fine of not more than $2,000, and each day such violation shall be permitted to exist shall constitute a separate offense.
(Ord. 2020-44, passed 9-8-20, effective 10-1-21; Am. Ord. 2023-05, passed 2-28-23)