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HomeMy WebLinkAbout5398-4/24/2017This Ordinance prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa, 50704. ORDINANCE NO. 5398 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW CHAPTER 7, PARKING IN RESIDENTIAL AREAS, OF TITLE 6, MOTOR VEHICLES AND TRAFFIC. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That a new Chapter 7, Parking in Residential Areas, of Title 6, Motor Vehicles and Traffic, is hereby enacted as follows: TITLE 6 CHAPTER 7 PARKING IN RESIDENTIAL AREAS 6-7-1: PURPOSE: The special provisions of this chapter are intended to regulate the location of vehicles parked on residential properties. It is the desire of the City of Waterloo to encourage an aesthetically pleasing local environment. It is also the intent of the City of Waterloo to avoid the obstruction of public streets and sidewalks, improve traffic visibility and maintain the visual harmony and character appropriate in residential neighborhoods within the city. The objectives to be attained through this chapter include preserving and improving the peace, safety, health, welfare, comfort and convenience of the citizens of the City of Waterloo, minimizing the adverse visual effects of parking on residential property, and allowing for the reasonable use of driveways in the front yard for parking. 6-7-2: DEFINITIONS: For purposes of this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section. DRIVEWAY: That portion of private property, paved or unpaved, that provides vehicular access to a property from the public right-of-way or between private properties, and where said driveway is specifically designated for or commonly utilized as an access way by vehicles to parking lots, parking areas, garages, storage facilities, etc. Driveways serving residential uses may extend along the side or rear of the dwelling and in some cases, may terminate in a designated parking lot, parking area, garage, or storage facility in the side or rear yard area. A private driveway begins at the property line and extends into or across the site. A driveway may extend into or across the front yard area of a residential property. The driveway may terminate in the front yard area of a dwelling provided that the termination area is a garage or carport or a parking area authorized by this chapter. The parking area shall be included in the hard surface area, conforming to section 6-7-3.A.2 hereof regulating the area of a hard -surface driveway and parking area permitted in the front yard. No portion of a driveway situated in the front yard of a residential property may be extended beyond the width of the garage(s) that the driveway serves or, if there is not a garage (attached or detached) that is served by the driveway or if the garage is a detached structure in the rear yard, the width of the driveway at the street right-of-way (property line) unless said extension meets the requirements of a driveway extension. In all cases, the driveway must be at least the same width dimension as Ordinance No. 5398 Page 2 the outside width dimension of a vehicle which it serves. This restriction shall not prohibit the construction of a parking area for multi -family residential uses in a front yard if otherwise allowed by the Zoning Ordinance. DRIVEWAY EXTENSION: For a one- or two-family residential property, any extension to the driveway situated in the front yard beyond the width of the garage(s) that the driveway serves or, if there is not a garage (attached or detached) that is served by the driveway or if the garage is a detached structure in the rear yard, beyond the width of the driveway at the street right-of-way (property line). RECREATIONAL VEHICLE: Any vehicle whose primary purpose is recreation/entertainment and not a primary means of transportation. These include, but are not limited to, boats, trailers, campers, and motor homes. VEHICLE: Any device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include, without limitation, a motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm machinery or any combination thereof. YARD, FRONT: A yard extending across the full width of the lot and measured between the front lot line and the foundation of a principal building or any projection thereof, other than the projection of the usual steps, overhanging balconies, other ordinary projections, or unenclosed porches or decks. On corner lots, the front yard shall include that portion of the lot between the principal structure and the street right-of-way on both street sides of the lot. YARD, REAR: A yard extending across the full width of lot and measured between the rear lot line and the foundation of a principal building or any projections thereof, other than the projection of the usual steps, overhanging balconies, other ordinary projections, or unenclosed porches or decks. On corner lots the rear yard is the opposite end of lot from the front yard where the house is addressed and faces. YARD, SIDE: A yard extending from the front yard to the rear yard and measured between the side lot lines and the foundation of a principal building or any projection thereof, other than the projection of the usual steps, overhanging balconies, or other ordinary projections. 6-7-3: STANDARDS GOVERNING THE OFF-STREET PARKING OR STORAGE OF VEHICLES AS AN ACCESSORY USE ON RESIDENTIAL PROPERTIES• 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 (five inches Portland Cement Concrete minimum), asphalt (four inches of hot mix asphalt on a six-inch rock base minimum), or gravel (six 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 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 (2) feet by two (2) feet 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 Ordinance No. 5398 Page 3 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 non- conforming use provisions of the City of Waterloo Zoning Ordinance, if legally constructed prior to adoption of Ordinance 2479 on February 3, 1969. Non -conforming 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 (10) feet 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 (20) feet 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 the City Code of Ordinances, nor shall it prohibit a driveway extension that is more than ten (10) feet 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. 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. 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 $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. No recreational vehicle owned by persons not residing on the property shall be parked on any residential property at any time, except for visitors. Visitor parking shall be limited to not more than thirty (30) days per calendar year. 2. Reserved. 3. Reserved. Ordinance No. 5398 Page 4 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 D.1 above. 6-7-4: IMPOUNDMENT OF ILLEGALLY PARKED VEHICLES: As an additional or alternative remedy to the issuance of a citation as provided in section 6-7-3.C, 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: (i) by delivering a copy of the notice to the individual personally; (ii) 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; (iii) by serving the individual's spouse at a place other than the individual's dwelling house or usual place of abode; (iv) by sending a copy thereof by certified mail, return receipt requested, to the last known address of the recipient; or (v) 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 (a) the identity of the last registered owner cannot be determined; or (b) the registration contains no address for the owner; or (c) 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 Ordinance No. 5398 Page 5 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. 6-7-5: ENFORCEMENT: Code enforcement officers and officers of the Waterloo Police Department are authorized to enforce the provisions of this chapter. 6-7-6: REQUEST FOR VARIANCE OR APPEAL: 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 consider 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 believe 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. INTRODUCED: PASSED 1St CONSIDERATION: April 24, 2017 PASSED 2nd CONSIDERATION: April 24, 2017 PASSED 3rd CONSIDERATION: April 24, 2017 PASSED AND ADOPTED by the City Council this 24th day of April 2017, and approved by the Mayor this 24th day of April, 2017. Ron Welper, Mayor Pro Tem ATTEST: LeAnn 1 Even, MC, ICMC Deputy ty Clerk Ordinance No. 5398 Page 6 CERTIFICATE I, LeAnn M. Even, Deputy City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5398 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 24th day of April, 2017. Witness my hand and seal of office this 24th day of April, 2017. `��` • C t1r�r— SEAL LeAnn M. E Deputy City Clerk