HomeMy WebLinkAbout10035-10 Amend Code - Sec 14-56 Modifying Fees & Proof of Residency - Residential Parking PermitsORDINANCE No. ,oo~s-,o
Passed by the Common Council of the City of South Bend, Indiana
August 9,
Attest:
Attest:
2010
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
August 10, 10
20 _
City Clerk
Approved and signed by me ~ ~. ~ ~'"" ~ L 20 ~_.
Mayer
Bill No.
Ordinance No. ~ ~ d3~~ ( ~
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING SECTION 14-56 OF THE SOUTH BEND MUNICIPAL CODE MODIFYING THE
FEES FOR TEMPORARY RESIDENTIAL CONDITIONAL USE PARKING PERMITS AND
IMPROVING PROOF OF RESIDENCE REQUIREMENTS
STATEMENT OF PURPOSE AND INTENT
In 2007, the South Bend Common Council passed Ordinance No. 9785-07 which created
regulations addressing special events and lawn parking in residentially zoned areas. Those regulations
have helped protect the quality of life in residential neighborhoods. They balance the rights of the
residents with the rights of quiet enjoyment of the surrounding neighbors.
The Council has continued to recognize that in limited situations, motor vehicle(s) may need to be
parked on a temporary basis on residential laws. Regulations were therefore enacted which set forth a
procedure permitted such limited temporary parking.
In the course of the annual review conducted by the City Controller on fees, it has been
determined that fee adjustments are required to capture the costs incurred by the City of South Bend in the
implementation and enforcement of those regulations.
This ordinance is believed to be in the best interest of the City of South Bend.
C~1 ~, ~e~~oa~, le i,G d~c~ai~~a! by the Common Council of the City of South Bend, Indiana, as
follows:
Section I. Chapter 14, Article 8, Section 14-56 of the South Bend Municipal Code is amended
read in its entirety as follows:
Sec. 14-56. Temporary Residential One-Day Conditional Use Parking Permit Procedures and Fees
and Seasonal Conditional Use Lawn Parking Permits.
(a) Application and p~°oof of residency: A person who desires to park or who desires to permit
the parking of motor vehicle(s) on the nonpublic lawn area of a residentially zoned area must have aone-
day conditional use lawn parking permit or a seasonal conditional lawn parking permit. Such person must
complete an application, file it with the Office of the City Clerk, and pay a nonrefundable application fee
of twenty-five dollars ($25.00). The cost for each additional one-damconditional use
lawn parking_permit thereafter shall be a nonrefundable application fee of five dollars ($5.00
Proof of residency for the subject property shall be required which lists the residential address for which
the temporary residential special event one-day permit or a seasonal conditional lawn parking permit is
requested. Acceptable documents include:
Ordinance Amending Section 14-56 of the South Bend Municipal Code
Page 2
(1) Copy of property tax bill;
(2) Copy of a signed lease or real estate purchase agreement and letter from landlord
approving lawn parking request; and
(3) Indiana Driver's License.
A copy of such documents tendered shall be attached to the registration form.
(b) Nonrefundable fee for parking less than ten (10) motor vehicles: If the applicant meets the
requirements of this section for parking less than ten (10) motor vehicles, the Office of the City Clerk
shall issue aone-day conditional use lawn parking permit to the applicant, upon the payment of a
nonrefundable fee of three dollars ($3.00 per parking space. All such one-day permits
shall be subject to the conditions set forth in this section. All fees collected by the Office of the City Clerk
shall be deposited into the General Fund.
(c) Nonrefundable fees for park-ing less than ten (10) motor vehicles for home football season: A
seasonal conditional lawn parking permit may be issued for an entire Notre Dame home football season
by the Office of the City Clerk to qualifying applicants desiring to park less than ten (10) motor vehicles
upon the payment of a nonrefundable fee of three dollars ($3.00 per parking space
times the number of total home football games. All fees collected shall be deposited into the General
Fund.
(d) Additional documents and reviews when parking ten (10) or more motor vehicles: Any
person who applies for aone-day conditional use lawn parking permit or a seasonal conditional lawn
parking permit seeking to park ten (10) or more motor vehicles must also provide a lot survey, site plan or
similar legal document which shows the following:
(1) Location of lot lines and structures;
(2) Setback of parking spaces of at least five (5) feet from all structures and lot lines;
(3) Lanes for ingress and egress to parking surfaces; and
(4) The location of proposed parking spaces.
The above-listed information shall be referred to the Department of Public Works, along with a copy of
the proof of residency document and the completed applications form, for review and recommendation.
The Department of Public Works shall determine the maximum amount of motor vehicles which may be
safely parked at such locations based on the size of the lot, the information set forth on the tendered lot
survey, site plan or similar legal document, and relevant public safety considerations. The Department of
Public Works shall indicate the locations of the approved ingress and egress location(s) and any approved
temporary ramp structures. All parking must comply with the approved document.
Ordinance Amending Section 14-56 of the South Bend Municipal Code
Page 3
(e) Nonrefundable fees for parking ten (10) or more motor vehicles: If the applicant meets the
requirements of this section for parking ten (10) or more motor vehicles, the Office of the City Clerk shall
issue a one-day conditional use lawn parking permit upon the payment by the applicant of a
nonrefundable fee of *«~°^+~~ ~~~° a^"^~^ ie~c nn` fifty dollars ($50.00). All such one-day permits shall
be subject to the conditions set forth in this section. All fees collected by the Office of the City Clerk shall
be deposited into the General Fund.
(f) Nonrefundable fees for parking ten (10) or more motor vehicles for home football season: A
seasonal conditional lawn parking permit for an entire Notre Dame home football season may be issued
by the Office of the City Clerk to qualifying applicants desiring to park ten (10) or more motor vehicles,
upon the payment of a nonrefundable fee of *--~°~*~• ~-~° a^"~~~ iQ~c nm fifty dollars ($50.00) times the
total number of home football games. Such fee shall be subject to a ten (10) percent discount if applied
for, and is issued such a permit, prior to the first home football game of the season. A seasonal conditional
lawn parking permit may be issued to qualifying applicants desiring to park ten (10) or more motor
vehicles, upon the payment of a nonrefundable fee of },:.°~+-. ~~.° a„,~.,..~ ie~c nm fifty dollars ($50.00)
times the number of remaining home football games, which shall not be subject to any fee discounts. All
fees collected by the Office of the City Clerk shall be deposited into the General Fund.
(g) .Filing deadlines: No applications seeking a conditional use lawn parking permit for game
day parking shall be taken after 12:00 noon on the Wednesday immediately prior to the game day. No
applications seeking a conditional use law~arking_permit for game da~parkin~ shall be taken before
thirty (30Lys prior to the first home football dame of each season.
(h) Permit required to be displayed: Conditional use lawn parking permit holders and the motor
vehicle owners who have their vehicles properly parked at such location prominently displaying the
permit in the inside front window of the residential building located thereon, or if there is no building said
permit shall be prominently displayed separately; with such persons being exempt from the provisions of
Section 14-42 entitled "Parking Prohibited in Residential Lawn Areas" and the zoning regulations set
forth in Sections 21-02.11 and 21-07.04 of the South Bend Mtttzicipal Code.
(i) Exemptions: No conditional use lawn parking permits are required for parking on an
approved driveway or parking space.
(j) Violation for parking on date other than date listed on permit: Any motor vehicle which is
parked on the lawn of a residentially zoned area on a date other than the date listed on the conditional use
lawn parking permit issued under this section shall be in violation of Section 14-42. The owner of such a
vehicle shall be subject to the penalties set forth in Section 14-44, as well as applicable zoning provisions
of Chapter 21 of the Soutla Bend Municipal Code.
(k) Restrictions: All owners of any residentially zoned area who were issued a conditional use
lawn parking permit under this section shall not permit any vehicle to drive over an adjoining property
during ingress or egress to their property.
Ordinance Amending Section 14-56 of the Soutlz Bend Municipal Code
Page 4
(1) Sight distance and impeding traffic: Motor vehicles parked pursuant to this section shall not
interfere with the sight distance required for safe driving on a street, nor may parking of any vehicle
impede pedestrian and/or vehicular traffic.
(m) Driving over curbs: No person shall operate or park any motor vehicle on any portion of a
lot in any residential district in a way requiring driving the motor vehicle over the curb instead of through
a curb cut; unless temporary ramp structures have been specifically authorized and approved by the
Department of Public Works to be used, as evidenced on the conditional use parking permit. Visual
events of driving over a curb shall be evidence of a violation of this subsection, subjecting the person
filing the application for the subject property being subject to a citation.
(n) Repairing lawn ruts: All owners of any residentially zoned area who were issued a
conditional use lawn parking permit under this section shall be required to repair all lawn ruts within
thirty (30) days, weather permitting. All other lawn ruts must be repaired no later than April 30 of the
following year.
(o) Permit holder assumes all risk and peril: Any person issued a permit under this section
assumes all risk or peril. Such person may be responsible for any and all physical loss or damages
incurred which may result from any lawn parking on such person's property. The City of South Bend is
free and harmless from any liability loss, costs, damages or expenses, including attorney fees and related
expenses.
(p) Citations: Any person violating any provision of this section shall be issued a citation for
each violation by a Police Officer or a Code Enforcement Officer subjecting the violator to the penalty
provisions set forth in Section 14-58.
Section II. Severability. If any part, section, subsection, sentence, clause or phrase in this
Article is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect
the validity of the remaining portions of this Article.
Section III. This Ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor and legal publication.
Member of the Common Council
ohn CVoorde, City Clerk
Ordinance Amending Section 14-56 of the South Bend Municipal Code
Page 5
~r~~ by me to the Mayor of the City of South Bend, Indiana on the (~~ day of
~ 4 't- , 2010, at ~~'-~ o'clock ~ .m.
Janice lboom, Deputy City Clerk
C~XX'~UV~ea~ a~2~ au~o~
. 3-D o 'clock oc.. m.
by me on the ~Z ~t day of ~r~r~- , 2010, at
~ ~~-
Stephen J. Luecke
Mayor of the City of South Bend, Indiana
1-Ze-\~
1 st READING
PUBLIC HEARING ~ ~'~'~-~
rd READING fd ~~~
dOT APPROVFcD
REFERRED
PASSF,D ~j ~;''~ ~
~'4i~~ ~;i ~~~;1'0~',~~ ~iEClr
~~ i
J l~ L 7 ~ 2010
~u~.^; ~~n:n~e
CITY C!.`:s± , SD. or?.~J, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
44-10 A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING SECTION 14-56 OF
THE SOUTH BEND MUNICIPAL CODE MODIFYING THE
FEES FOR TEMPORARY RESIDENTIAL CONDITIONAL
USE PARKING PERMITS AND IMPROVING PROOF OF
RESIDENCE REQUIREMENTS
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation.
Ann Puzzello
Chairperson, Committee of the Whole
Office of the City Clerk
John Voorde, City Clerk
July 21, 2010
Members of the South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
Re: Proposed Fee Adjustments for Temporary Residential Conditional Use Parking Permits
Dear Council Members:
This is the second year that all applications for temporary residential conditional use parking
permits are handled by the Ordinance Violations Clerk.
In 2009, there were:
148 permits issued for ten (10) or more spaces
235 permits issued for nine of fewer spaces
In light of the 2009 City of South Bend Annual Business Licensing Report, fee adjustments are
necessary in order for the city to continue to properly implement and enforce this ordinance.
The attached ordinance makes certain fee adjustments; retains the 10% discount if applied and
meeting the deadlines prior to the first home game; requires additional verification of ownership of
property; requires a letter of consent from the landlord in landlord/tenant situations; and adds a
provision that applications for such permits would not be taken prior to thirty (30) days before the
first home football game of each season.
The transfer of this process from the Controller's Office to the Ordinance Violations Clerk has
gone very smoothly. Your favorable action on the proposed ordinance is requested. Thank you.
Sincerely,
Winona Hays
Ordinance Violations Clerk
Attachment
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CITY uL~>'s~;, 5::. ~~r;r, ;a;,
455 County-City Building •227 W. Jefferson Blvd •South Bend> Indiana 46601 .574/235-9221 •Fax 574/235-)173 • TDD 574/235-5567
Mary Beth Wisniewski Janice Talboom Winona Hays
Chief Deputy Deputy Ordinance Violation Clerk