(a) No person shall park or leave unattended or permit to remain parked or unattended a motor vehicle (as defined in Section 301.20 of the Traffic Code) wholly or partly within a front yard in a Single Family or Multi Family District, unless such vehicle is wholly within a driveway, or unless a permit therefor has been obtained from the Chief Building Inspector. Applications for such permits shall be made in writing and shall be accompanied by a written statement of the applicant, which statement shall set forth the facts qualifying the applicant for the issuance of a permit. Such application and data shall be referred by the Chief Building Inspector to the Board of Zoning Appeals, which may require additional data from the applicant reasonably related to its determinations to be made hereunder. The Board of Zoning Appeals shall approve such application if it finds that:
(1) There is insufficient room in the garage, driveway and rear yard areas of the residence for which the permit is sought to park all motor vehicles owned, leased or used in the course of employment by those persons residing in such residence; provided that if no access is available to such rear yard area other than through a front yard, the requirement of insufficient room in such rear yard shall not be applicable;
(2) The parking of motor vehicles within the front yard of the residence for which the permit is sought will not interfere with the access to light and open air of the other surrounding property owners, nor adversely affect the appearance or character of the neighboring property; and
(3) The parking of motor vehicles within the front yard of the residence for which the permit is sought will not cause interference with the work of the personnel of the Fire and Police Divisions or with public safety or emergency vehicles.
(b) Any permit granted by the Board of Zoning Appeals shall set forth the specific number of motor vehicles to be parked in the front or side yard of the property, the period the permit is granted for, and such other conditions as the Board of Zoning Appeals may require to protect the aesthetics, safety, welfare and integrity of the surrounding properties.
(c) Whoever violates the provisions of subsection 1163.105(a) shall pay a fine in the amount of twenty-five dollars ($25.00). In the event that said fine is not paid within five days of the issuance of the violation, whoever violates the provisions of subsection 1163.105(a) shall pay a fine in the amount of fifty dollars ($50.00).
(Ord. 92-28. Passed 5-5-92; Ord. 2001-37. Passed 7-10-01; Ord. 2007-23. Passed 4-17-07.)
(d) Any person who is denied a permit under subsection (a) hereof may appeal to the Board of Zoning Appeals. If the Board finds that the application has been submitted in accordance with the requirements of this section and that the requirements set forth in subsections (a)(1), (2) and (3) are met, the Board shall recommend the granting of such permit and shall refer the matter to Council. Upon consideration of the matter and standards set forth in this section, Council may order the granting of such permit by the affirmative vote of not less than a majority of its members, whereupon the Chief Building Inspector shall issue a permit in accordance with such order. In considering such appeal and such recommendation, the Board and Council may require additional data from the applicant reasonably related to the factors to be considered in taking action thereon.
(e) Not withstanding the foregoing, the Police Division may, upon request, issue a permit for the parking of a motor vehicle or vehicles within a front yard in a Single Family or Multi Family District for a temporary period not to exceed one week where because of special circumstances such temporary parking is necessary, will not interfere with the access to light and open air of other surrounding property owners and will not cause interference with the work of the personnel of the Fire and Police Divisions or with public safety or emergency vehicles.
(Ord. 72-12. Passed 9-5-72; Ord. 2001-37. Passed 7-10-01; Ord. 2012-19. Passed 3-20-12.)