(A) All night parking prohibited.
(1) No person shall park any vehicle on any street at any time between the hours of 3:00 a.m. and 6:00 a.m. of any day, unless parking on a specific street has been authorized under § 70.03(B) and as provided in division (K) below.
(2) Violation of this division (A) shall be punishable as provided in § 72.99.
(B) Parking between curb and sidewalk. Nothing in division (A) above shall prohibit the parking of vehicles in the area between the curb and the sidewalk, if the area is paved with asphalt or concrete and if one of the following two conditions exists:
(1) The abutting property is zoned B-1, B-2, B-3, M-1, M-2, or M-3; and
(2) The abutting property is zoned R-1, R-1A, R-2, or R-3, and it is physically impossible or not feasible to park on said premises one or more of the vehicles ordinarily thereat.
(C) Conditions defined. For the purposes of this section, it shall be deemed to be physically impossible or not feasible to park on said premises one or more of the vehicles ordinarily thereat only where one or more of the following conditions exists and did so exist on September 1, 1959:
(1) The abutting premises are devoted to business uses, residential uses, or both, and there is insufficient space on the premises to park all the vehicles used in connection with said business uses, residential uses, or both such uses;
(2) The abutting premises are devoted to residential uses, and there is no space on said premises for the lawful parking of vehicles;
(3) (a) The abutting premises are devoted to residential uses, and there is space on the premises which could lawfully be devoted to parking of vehicles but to which space there is no means of access. A side or rear yard of less than nine feet shall not be deemed to provide parking space or access to any parking space within the meaning of this section; and
(b) The presence of fences, trees less than four inches in diameter (measured at a height of three feet above grade), shrubs, other vegetation, and structures other than the principal building or outbuildings on any premises, or the presence of utility poles and appurtenances, fire hydrants, or trees of the above-mentioned size in the street abutting same, shall not be deemed to prevent access to any parking space on any premises.
(4) The abutting premises are devoted to residential uses and the number of parking spaces available thereon, if any, is less than the number of vehicles used in connection therewith by the residents of the premises; and
(5) The abutting premises are determined by the City Engineer to be topographically unsuitable for off-street parking.
(D) When permit required.
(1) Parking in this section permitted in the area between the curb and the sidewalk shall be in such paved parking areas which are in existence on the effective date of this section, or in such parking areas thereafter constructed and for which a construction permit has been obtained through the Department of Engineering pursuant to § 96.037 of this code of ordinances.
(2) The Department of Engineering shall issue an “Authorized Restricted Parking Area Certificate” for each lawful “restricted parking area” as that phrase is defined in division (G) below. No charge shall be made for any such certificate, and it shall remain in force until the conditions which authorized its issuance cease to exist.
(E) Parking between edge of roadway and sidewalk on unpaved streets. Nothing in division (A) above shall prohibit the parking of vehicles between the edge of the roadway and the sidewalk on unpaved streets if one of the two conditions set forth in divisions (B)(1) and (B)(2) above exists, such parking to be subject to the provisions of division (C) above.
(F) Requirements in residential areas. Parking spaces in this section permitted in residential districts in the area between the curb and sidewalk as to paved streets and in the area between the edge of the roadway and the sidewalk as to unpaved streets shall comply with the following.
(1) Only passenger cars seating not more than nine persons may be parked in any such parking space.
(2) All lawful and feasible parking spaces on the abutting premises must be developed and utilized before any such parking space on the street may be used. No space shall be deemed to be feasible if access thereto is not available under the standards of division (C)(3) above. No parking space shall be deemed to be feasible, except as to a premises occupied by a single family, where access thereto cannot be had at all times without moving another vehicle.
(3) None of the expense of the creation of such parking spaces, except for the relocation of a fire hydrant to permit a driveway approach and the provision of signs, shall be borne by the city.
(G) Unlawful parking. Areas in which parking is authorized by this section between the curb and the sidewalk or on unpaved streets between the edge of the roadway and the sidewalk are hereby designated RESTRICTED PARKING AREAS, and it shall be unlawful for any person not a resident or a permittee of the owner or lessee of the entire abutting premises to park any vehicle in any such restricted parking area. The driver of a vehicle used in the business conducted on the abutting premises shall be deemed to be a resident thereof for the purposes of this division (G).
(H) General limitations.
(1) No charge shall be made for the use of any street parking space authorized by this section, but nothing in this section contained shall prohibit the control of daytime parking in any such parking spaces by the use of parking meters when approved by the Council.
(2) Each parking area hereinafter created shall be entirely within the extension of the property lines of abutting premises, such extension to be at right angles to the street line, except that with the consent in writing of the owner (as indicated by the records of the City Assessor) of the abutting premises any such parking area may extend beyond such extensions of the property lines on one or both sides a total distance of not to exceed ten feet.
(I) No permanent rights created. The creation or use of any such parking area in the street shall not increase the right of the abutting owner in the public right-of-way, and the right to use any such parking area may be lost if the Council determines at any future time that it is necessary to use this area for a public purpose.
(J) Definitions. “Yard”, “R-1”, “R-1A”, “R-2”, “R-3”, “B-1”, “B-2”, “B-3”, “M-1”, “M-2”, and “M-3” shall have the same meanings respectively as they have in the zoning regulations and map.
(K) Parking on specified streets authorized by the City Manager with Council approval. Parking on a specified street authorized by the City Manager with City Council approval shall be permitted under exceptional circumstances when there are properties in the vicinity devoted to residential and/or business/industrial uses and the number of parking spaces available on the subject properties is less than the number of vehicles used in connection with the residential and/or business/industrial property where such use was established prior to September 1, 1959.
(Prior Code, § 72.20) (Ord. D-476, passed 3-9-1959, effective 9-1-1959; Ord. D-497, passed 9-28-1959, effective 9-28-1959; Ord. D-1825, passed 8-24-1998, effective 8-24-1998) Penalty, see § 72.99