(a) Definitions. As used in this section:
(1) Driveway means an improved area used as a means of ingress and egress, not exceeding twenty-four feet in width and being of equal width from the traveled portion of the public or private road right-of-way to the terminus of the improved area, provided that such driveway shall not occupy over forty percent of the total required front yard on the lot.
(2) Front yard means the area between any portion of a residential structure facing a street and the street right-of-way line. In the case of any parcel of land which borders on more that one street, front yard means those yards which extend across the full distance of the lot along all streets which border such parcel, and comprises the perpendicular distances between the street right-of-way lines and the nearest portion of any building or structure, excluding fences, existing on such lot.
(3) Improved area means a driveway and/or parking area constructed of asphalt, concrete, gravel, brick or similar materials for the purpose of accommodating vehicular parking, flow or access to the property.
(4) Parking area means any improved area not meeting the definition of a driveway, which area is used to park or store automobiles, motorcycles, boats, recreational vehicles or similar devices.
(b) Driveway and Parking Area Construction and Usage. A new driveway or parking area shall be constructed and maintained in accordance with this chapter and all other applicable regulations, including the provisions of the Zoning Code. Existing driveways and parking areas shall be maintained as they are and may not be expanded otherwise than in accordance with this chapter and other requirements of these Codified Ordinances. No such driveway or parking area shall be utilized unless it is constructed in accordance with all requirements of these Codified Ordinances.
(c) Front Yard Parking Prohibited. No person shall park or leave unattended, or cause to leave parked or unattended, a vehicle, motorcycle, boat, recreational vehicle or similar device, wholly or partially within a front yard of any residential property, regardless of type, unless such vehicle, motorcycle, boat, recreational vehicle or similar device is wholly within a driveway or parking area.
(d) Responsibility of Registered Owner. The registered owner of a vehicle found in violation of this section shall be held prima facie responsible for any such violation.
(e) Exemption of Emergency and Public Safety Vehicles. The provisions of this section shall not apply to authorized emergency or public safety vehicles while they are in use for emergency purposes.
(f) Corner Lots. Corner lots with side driveways shall be governed by the same regulations that pertain to those lots that have front driveways. In the case of any parcel of land which borders on more than one street, front yard shall have the meaning given in paragraph (a)(2) hereof.
(g) Obstructing View. The parking any of any vehicle or object in the front or side designated parking area of a dwelling or place of business that creates a hazard to others by obstructing the view of ingress or egress from any abutting property is prohibited.
(Ord. 1994-93. Passed 7-5-94.)
(h) Permit for Tree Lawn Parking/City Right of Way.
(1) The property owner/resident of a previously existing tree lawn parking area submits an application to the City’s Zoning Inspector for a permit to park one vehicle on the tree lawn/City right of way to the Building/Engineering Department.
A. A $25.00 annual fee will be charged to apply for the Tree Lawn Parking Permit by the Building Department, for processing the application.
(2) The applicant must meet at least one of the following criteria to be granted the parking permit by the City’s Zoning Inspector. The criteria are as follows:
A. The tree lawn parking space at the residence is existing as of January 2013 and the:
1. Property Owner/Resident must prove that there is not adequate parking in their driveway or on the street as permitted.
2. This proof must be submitted in writing, with a drawing and pictures and be included with the application to the Zoning Inspector.
3. The residence does not have adequate space to allow for code compliant parking on their property.
4. The Property Owner/Resident does not have additional vehicles or recreational units stored in their driveway.
a. Examples would include motor homes, boats, recreational vehicles.
b. If these items are found to be stored in their driveway after permitted parking is approved their permit will be revoked automatically and immediately.
5. The Property is a multi-family unit that is registered with the Building Department prior to the passage of this section and does not have code compliant parking.
a. A multi-family unit does not automatically qualify the residence for a parking permit.
(3) If the Zoning Inspector grants approval of the parking permit, the approved signed application will be sent to the Police Department.
A. The Police Department will issue vehicle window permits for the approved permitted parking for one year.
1. Issued to registered specific vehicle(s); identifying the make, model and color of the vehicle(s).
2. Not to exceed three permits per residence.
3. The property owner/resident is required to renew the permit annually, and will be charged the annual fee of $25.00.
B. The vehicle window permit issued is not transferable to new owners. The new owners must apply for the permit as described above.
C. The window permit is expected to be displayed by the vehicle parking in the tree lawn approved location.
D. If the window permit is not displayed the vehicle will be ticketed by the Police Department.
E. If property owners/residents do not apply for the permit and park violating the Codified Ordinances they are subject to the Chronic Nuisance Ordinance and fines.
(4) Once the parking is permitted the Property Owner/Resident must improve the parking space at their expense, as follows:
A. Aggregate/gravel surface.
B. The surface area must meet Engineering Specifications.
C. The surface area must not exceed 20 linear feet of the City right of way.
D. The tree lawn will be returned to grass by the City when the permit is terminated.
(6) The City has the right to tow a vehicle at any time due to an emergency situation (water main break/snow emergency) if the contact person on the permit does not respond.
(7) Parking on the Tree Lawn/City Right of Way with a permit is parking at the vehicle owner’s own risk. The City is not liable or responsible for the following loss or damage. Permittees acknowledge:
A. They are responsible for all maintenance to the parking area including snow removal.
B. Vehicles may become blocked in with street plowing; the permittees are responsible for any damages or removal of excess snow.
(8) Permits will under no circumstance be issued if any of the following circumstance affect the area in which the applicant is seeking to park;
A. A curb exists.
B. City tree.
C. Curb box.
D. Fire hydrant.
(Ord. 2013-019. Passed 4-1-13.)