(A) It is the intent of the City Council to establish a systematic enforcement of prohibiting parkway parking except by permit by first prohibiting parkway parking when the status of a street or road changes, the street or road is widened, resurfaced, rebuilt or curbed, except if the adjacent property owner has obtained a parkway permit after this section has been enacted or if none of the above has occurred no parkway parking shall be allowed without a parkway permit after June 1, 2010.
(B) There shall be no new parkway parking areas created without obtaining a parkway permit pursuant to this chapter; or if a planned unit development has been approved by the City Council which incorporates parkway parking as part of its plan. Parkway parking shall also be allowed on the driveway apron provided that it does not encroach on the paved portion of the right-of-way or the sidewalk.
(C) Upon written application and pursuant to action at a duly held meeting, the City Council may authorize an exception to the application of this chapter, and permit the parkway directly in front of an address to be used for parking of motor vehicles under such conditions and stipulations as may be set by the City Council.
(D) Definitions.
(1) COMMERCIAL BUILDING.
Any building which provides a business activity carried out for pecuniary gain.
(2) DRIVEWAY APRON.
That portion of the driveway located between the sidewalk and the roadway pavement or if no sidewalk the property line.
(3) PARKWAY.
That portion of a dedicated right-of-way for a street or road, which lies between the curb or pavement and the innermost edge of the sidewalk if there is a sidewalk, or where a sidewalk could be if one were installed; or which lies between the traveled portion of the street or road and the outer limits of the dedicated right-of-way.
(4) RESIDENTIAL BUILDING.
Any building designed for human habitation including single-family, duplexes, townhomes, and multi-family apartment buildings.
(E) Residential Parkway Parking.
(1) The City Council may authorize an exception to the application of this chapter and may permit the parkway directly adjacent to a residence to be used for parking automobiles and trucks (under 10 feet in height) with Class B, D, or F license plates, when one of the following conditions exist and under other restrictions set forth by this chapter.
(a) Where the residence has no rear or side yard with sufficient room to park an automobile; where the residence has no access of at least 10 feet in width to the side or rear yard in which to park an automobile; and where the residence has no front yard with sufficient room to park an automobile or parking in the front yard would take up more than 50% of the front yard area; and where all available space has been used for parking and the owner has a proven need for additional parking.
(b) Where the residence has a unique feature or landscaping, or a situation which would cause an undue hardship and its removal or alteration to provide for parking would generally not detract from the residence or neighborhood.
(2) Parkway parking permit. Such application shall be in writing and on a form obtained from the city's Building Department. The following information shall be required:
(a) Date of application.
(b) Name and address of the owner.
(c) Plat of survey.
(d) The common address of the property.
(e) The reason for the need for additional parking space.
(f) Plan drawn to scale showing location and design of parking space.
(g) A fee of $50 shall be paid with the application for review.
(3) If a parkway parking permit request is granted by the City Council the construction of the approved parkway parking area shall comply with the following terms and conditions:
(a) When the adjacent street is not curbed nor is scheduled to be curbed within the next three months of the application the following requirements shall apply:
1. The parking space shall be 9 feet in width and 20 feet in length.
2. The parking area surface shall be constructed with either three inches of compacted asphalt blacktop over eight inches of compacted gravel base, or six inches of concrete over five inches of compacted gravel. The parking area surface shall be installed by and at the expense of the adjacent property owner.
3. The parking space shall not be located within any areas prohibited in § 70.11 and not create a hazard for pedestrian or vehicular traffic.
4. The owner is responsible for all costs associated with adjusting or relocating utilities and is responsible to contact J.U.L.I.E. for utility locations.
5. Storm water drainage of the city right-of-way must be maintained.
6. The construction of the above-mentioned parkway shall be at the sole cost of the applicant.
(b) When there is existing curbing or new curbing is to be installed within the next three months of the application the parkway parking shall be in conformance with "Exhibit A" attached to Ordinance 00-248 provided that it is feasible to construct the parkway according to the specifications in "Exhibit A" taking into consideration traffic pattern, width of parkway and other obstructions. The owner shall pay for the additional cost of construction for the parkway parking.
(4) When all the conditions have been met and the parking area is completed, the Director of Public Works shall inspect the proposed parkway parking space and if it meets all of the requirements of this chapter a parkway parking permit shall be granted. The City Clerk shall keep a yearly record of parkway parking permits that have been issued.
(5) The holder of the parkway parking permit shall be responsible for the maintenance of the parking area.
(F) Commercial parkway parking.
(1) Parkway parking permits may be issued for parking on the parkway adjacent to a business or commercial establishment.
(2) The owner of the property adjacent to the parkway shall submit an application on a form obtained from the city's Building Department to the City Council. The following information shall be required:
(a) Date of application.
(b) Name and address of the owner.
(c) Plat of survey.
(d) The common address of property.
(e) The reason for the need for additional parking space.
(f) Plan drawn to scale showing location and design of parking space.
(g) A fee of $50 shall be paid with the application for review.
(3) The Director of Public Works shall prepare an analysis of the proposed site taking into account the following factors and make a recommendation to the City Council.
(a) Visibility and sight distance.
(b) Frequency of accidents along that section of street or road.
(c) Availability of other parking.
(d) Grading and drainage problems.
(e) Disruption of utilities.
(f) Impact on surrounding land use.
(g) Compliance with division (E)(3).
(h) Not create a safety hazard for pedestrian or vehicular traffic.
(4) After reviewing the recommendation from the Director of Public Works, the City Council shall either grant or deny the parkway parking.
(5) When all the construction requirements have been met and the parkway parking area has been completed, the Director of Public Works shall inspect the parking space and if it meets all the requirements of this chapter, shall issue the parkway parking permits.
(6) The holder of a parkway parking permit shall be responsible for the maintenance of the parking area.
(7) The city shall not be held liable for any damages in connection with the parkway parking area and the holder of the parking permit shall carry insurance, if necessary, to protect the city.
(G) Existing parkway parking areas.
(1) All parkway parking areas existing as of the effective date of this chapter shall be allowed to remain; provided it is maintained in a neat and orderly condition.
(2) Existing parkway parking areas which do not violate the requirements of § 70.11 shall be exempt from the size and construction requirements of this chapter. Any modifications to the existing spaces or new additions must be authorized by the City Council and will be governed by the size, construction and location requirements. Existing areas which violate the location requirements of § 70.11 may, by action of the City Council, be directed to meet the requirements or be removed.
(3) At such time as the city resurfaces a street the adjacent property owner shall have the option of:
(a) Retaining the parkway parking.
(b) Not retaining the parkway parking but requesting that a driveway apron be installed or widened with asphalt to a width of 24 feet.
(c) Not retaining parkway parking and having the city replace the parking area with dirt and seed at its own expense.
(4) The city shall be solely responsible if the owner chooses the option:
(a) To upgrade the area with asphalt as determined by Director of Public Works at city's sole expense. Further if street is curbed to curb the parkway area.
(b) To remove existing parkway parking replace it with dirt and seed, and install a asphalt driveway apron with a width of 24 feet.
(c) Remove parkway parking area and replace with dirt and seed.
(H) Revocation of a existing parkway parking.
(1) Parkway parking may be revoked by the City Council, upon a 30 day written notice to the owner of the adjacent property next to the parkway, if the parkway area is not being maintained in a neat and orderly condition, or if the parkway parking area has been modified from its existing condition.
(a) If parkway parking is revoked, the city shall send a written 30 day notice to the owner to notify the adjacent property owner that the existing parking surface area will be removed and restored with black dirt and seed at no cost to the adjacent property owner.
(b) The adjacent property owner may appeal this revocation if within the 30 day period, said owner notifies the City Clerk's office in writing that the said property desires to appeal the decision in which case the City Council shall consider within 45 days of receipt of notice. The City Council shall hear the property owner's appeal and render a decision.
(2) The conduct of such hearing of appeal shall be informal in nature and not pursuant to the rules of evidence. No action shall be taken by the City Council to remove the parkway parking area until the City Council has reached its decision on the appeal.
(I) Prohibited parking areas; prohibited movements in no-parking zones.
(1) No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places.
(a) On a sidewalk, or a place where a sidewalk would normally be constructed if there is no sidewalk;
(b) In front of a public or private driveway;
(c) Within an intersection;
(d) Within 15 feet of a fire hydrant;
(e) On a crosswalk;
(f) Within 20 feet of a crosswalk at an intersection;
(g) Within 30 feet upon the approach to a flashing beacon, stop sign, or traffic-control signal located at the side of a roadway;
(h) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the department or the local authorities on highways under their respective jurisdiction indicate a different length of signs or markings;
(i) Within 50 feet of the nearest rail of a railroad grade crossing except where there are established parking lot areas;
(j) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 70 feet of the entrance when properly signs posted;
(k) Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic;
(l) Upon or under any bridge or other elevated structure upon a highway;
(m) At any place where official signs prohibit parking;
(n) Within 40 feet of the intersection of two streets.
(2) No person other than a police officer, as provided in ILCS Ch. 625, Act 5, § 11-1302, shall move a vehicle into any such prohibited area or away from a curb such distance as is unlawful, or start or cause to be started the motor of any motor vehicle, or shift, change, or move the levers, brake, starting device, gears, or other mechanism of a parked motor vehicle to a position other than that in which it was left by the owner or driver thereof, or attempt to do so.
(`79 Code, § 70.606) (Ord. 718, passed 5-18-70; Am. Ord. 724, passed 8-3-70; Am. Ord. 00-248, passed 7-17-00) Penalty, see § 70.99