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A. General Restrictions:
1. No more than four (4) vehicles, excluding recreational vehicles and trailers with a recreational vehicle on it, shall be parked outside an approved garage on a one- or two-family residential property. For any other residential property, the maximum number of such vehicles shall be two (2) per legally established dwelling unit within a structure. Notwithstanding the foregoing restrictions, the maximum number of such vehicles may increase to a number not more than the number of licensed drivers legally residing at the property.
2. Any vehicles parked outside an approved garage shall be parked on concrete (5 inches portland cement concrete minimum), asphalt (4 inches of hot mix asphalt on a 6 inch rock base minimum), or gravel (6 inches minimum). Grass, patio pavers, bricks, or similar products are not an approved parking surface unless said patio pavers, bricks, or similar products are placed over a minimum depth of four inches (4") of rock base. In all cases the parking surface must be at least equal to the outside dimensions of a vehicle which it serves, except in a rear or side yard in which case the vehicle may be parked on parking pads of an approved surface that are a minimum of two feet by two feet (2' x 2') under each wheel or supporting structure of the vehicle. For one- and two-family residential properties, gravel shall be an approved parking surface in a rear or side yard. Gravel is not an approved parking surface in a front yard, or for any parking surface for a multi-family residential property. For one- and two-family residential properties with existing gravel driveways in a front yard built prior to enactment of this chapter, such driveways shall be permitted to remain, and may be maintained and repaired, but shall not be enlarged without being brought into compliance with this chapter. For one- and two- family residential properties, the width of a driveway in the front yard shall be limited to the width of the garage(s) that the driveway serves, and in all other cases, including a driveway that serves a detached garage in the rear yard, the width shall be limited to the width of the driveway at the street right of way (property line). Existing parking areas in the front yard that extend past the driveway (i.e., a driveway extension) of a one- or two-family residential property built prior to enactment of this chapter shall be permitted to remain, and may be maintained or replaced, but shall not be enlarged without being brought into compliance with this chapter. Existing gravel areas for parking surfaces for multi-family residential property shall be subject to applicable nonconforming use provisions of the city of Waterloo zoning ordinance, if legally constructed prior to adoption of ordinance 2479 on February 3, 1969. Nonconforming status shall not apply to gravel areas created after February 3, 1969, for multi-family residential properties or to gravel areas for one- or two-family residential property converted to multi- family residential property after February 3, 1969. Parking is permitted in the rear and side yards, subject to compliance with the applicable requirements of this paragraph.
3. No one- or two-family residential property shall have a driveway extension more than ten feet (10') wide measured perpendicular to the length of the driveway in the front yard. However, this restriction shall not prohibit the construction of a driveway and driveway extension of up to twenty feet (20') in total width where there is no garage served by the driveway or where the driveway serves a detached garage in the rear yard, nor shall it prohibit the construction of a circular drive if otherwise approved by the city engineer and meeting the requirements of this code, nor shall it prohibit a driveway extension that is more than ten feet (10') wide measured perpendicular to the length of the driveway when used for a turnaround (hammerhead) and not used for parking.
B. Parking In Front Yards: No parking shall be allowed in the front yard of a residential property or any portion of such front yard unless the area is a permitted "driveway" or "driveway extension" as defined in this chapter.
C. Front Yard Parking Citation:
1. Illegally Parked Vehicle: No person shall drive, stop, stand, or park a vehicle onto or upon the front yard of a property, except as permitted by this section or except for work in progress, such as construction, tree trimming, etc., or temporary activities such as deliveries or vehicle washing not exceeding two (2) hours. A violation of this section shall place such vehicle in the status of an illegally parked vehicle and the vehicle may be dealt with pursuant to this chapter.
2. Citation: In lieu of a citation for a municipal infraction, a person who violates any provision of this section may be issued a front yard parking citation in the amount of forty dollars ($40.00).
3. Prima Facie Presumption: In any proceeding charging a violation of this chapter, proof that the particular vehicle described in the information was parked in violation of this chapter, together with proof that the defendant named in the information was the registered owner of the vehicle or the owner of the property on which said vehicle was unlawfully parked at the time of the alleged violation, shall constitute a prima facie presumption that the registered vehicle owner and/or the property owner was the person violating this chapter or allowing the violation to occur.
D. Parking Of Recreational Vehicles:
1. Not more than three (3) recreational vehicles shall be parked on any one- or two-family residential property. Visitor parking shall be limited to not more than thirty (30) days per calendar year.
2. The leasing of parking for purposes of storing recreational vehicles is prohibited on any property that has a residential dwelling or dwellings as a primary use.
E. Use As Residence: No recreational vehicle shall be used as a temporary or permanent residence, except in a conforming recreational vehicle park or campground or within the time permitted for visitor parking as noted in subsection D1 of this section. (Ord. 5398, 4-24-2017; amd. Ord. 5577, 10-12-2020)
As an additional or alternative remedy to the issuance of a citation as provided in subsection 6-7-3C of this chapter, vehicles that are stopped or parked in violation of this chapter or other city ordinances may be removed and impounded as provided in this section.
A. Notice Of Violation: Upon discovery of any vehicle parked upon private property in violation of this chapter, the enforcing officer shall notify the owner of the vehicle, all lienholders, if they can be identified, and the owner of the property by at least one of the following methods: 1) by delivering a copy of the notice to the individual personally; 2) by serving, at the individual's dwelling house or usual place of abode, any person residing therein who is at least eighteen (18) years old; 3) by serving the individual's spouse at a place other than the individual's dwelling house or usual place of abode; 4) by sending a copy thereof by certified mail, return receipt requested, to the last known address of the recipient; or 5) by sending a copy thereof by first class mail to the last known address of the recipient and by posting a copy thereof in a conspicuous place at the subject property. As an alternative to service of notice by any of the foregoing means, notice by one publication in a newspaper of general circulation in the city of Waterloo shall be sufficient to meet the requirements of this subsection. The published notice may contain multiple listings of vehicles but shall be published within the same time requirements and shall contain the same information as prescribed for mailing notice in this subsection. Published notice may be used if: 1) the identity of the last registered owner cannot be determined; or 2) the registration contains no address for the owner; or 3) it is impossible to determine with reasonable certainty the identity and address of all lienholders. Notice shall be deemed given either when personally served, when mailed, or when published. If notice served only by certified mail is returned undelivered by the U.S. post office, action to impound the vehicle shall be continued to a date not less than ten (10) days from the date of such action. This notice shall contain the following information:
1. That the vehicle is in violation of this chapter;
2. A description, to the extent possible, of the year, make, model, color, and location of the vehicle;
3. That the owner of the vehicle and/or the property owner must remove the vehicle or correct the violation in accordance with this chapter;
4. That failure to comply with the provisions of this chapter within seven (7) days from the date notice is given, the owner of the vehicle and the property owner shall be liable for the violation;
5. That the vehicle will be removed by the city and impounded at the owner's expense; and
6. That if the vehicle is not redeemed within thirty (30) days after impoundment, the owner of the vehicle, the property owner and the lienholders shall no longer have any right, title, claim or interest in or to the vehicle or the personal property contained therein.
B. Abatement: If the owner of the vehicle or the owner of the property upon which the vehicle is located fails to remove the vehicle in accordance with the terms of this chapter, the enforcement officer shall abate such violation by causing the vehicle to be removed and impounded and sold or disposed of as specified herein, and the cost of abatement shall be charged to the owner of the vehicle and/or the owner of the property.
C. Redemption Of Impounded Vehicle; Abandonment: Within thirty (30) days after the impoundment of any vehicle under this section, the owner thereof may appear and claim the vehicle or the personal property contained therein. The vehicle shall be released after the owner provides proof of ownership, pays an impoundment fee, and pays towing and storage charges. Personal property contents shall be released after the owner provides proof of ownership of the vehicle. If no owner makes a timely claim for the vehicle, the owner shall no longer have any right, title, claim or interest in or to the vehicle and its remaining contents, and the vehicle may be disposed of as provided by Iowa law governing abandoned vehicles, currently codified at section 321.89 of the code of Iowa. During the period of impoundment, the impoundment facility at which the vehicle is being stored shall be responsible for the vehicle. (Ord. 5398, 4-24-2017)
A person who, either being charged with violation of this chapter or in anticipation of being charged with such violation, desires to request an exception to the application of any provision of this chapter due to extraordinary hardships or practical difficulties, may file an application for a variance or appeal with the city clerk and pay a filing fee as set by resolution of the city council. The application shall state the relief requested and the grounds therefor. As to any citation or notice of violation issued pursuant to this chapter, the application must be filed within seven (7) days after the citation or notice is delivered. Hearing on the application shall be scheduled for a date within thirty (30) days after the application is filed and the fee paid, and it shall be scheduled for no more than twenty (20) minutes in length or, if the applicant requests an extension of time, such additional time as the city council or its designated committee, in its discretion, may deem necessary. If the applicant desires additional time, he or she must request it at least seven (7) days before the scheduled hearing date. A variance shall not have the effect of nullifying the intent and purpose of this chapter. The city council or its designated committee shall consider whether the granting of a variance would be detrimental to the public health, safety or welfare, whether the subject property is characterized by unique conditions, whether the applicant will suffer particular hardship as compared to mere inconvenience if the strict letter of this chapter is carried out, and any other considerations that the city council or its designated committee considers relevant. After such hearing, the city council or its designated committee shall act by simple majority vote, may require such conditions as the council or its committee believes will substantially secure the objectives of this chapter, and shall reduce its decision to writing. The city clerk shall deliver a copy of the decision to the applicant. (Ord. 5398, 4-24-2017)