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HomeMy WebLinkAboutLawn Parking_20220302_172525_352121_ARTICLE_8.___RESIDENTIAL_LAWN_PARKING_REGULATIONSARTICLE 8. RESIDENTIAL LAWN PARKING REGULATIONS Sec. 14-40. Intent and purpose. (a) The Common Council believes that reasonable health and public safety regulations addressing parking are needed to protect and improve the quality of life, character and safety of residential neighborhoods. (b) The following regulations are designed to systematically reduce overflow and spillover parking onto residential front, side, and rear yards which abut a city street throughout the City of South Bend, thereby addressing both chronic parking of this type, so that such activity does not interfere with the use, enjoyment and safety of residential properties. (Ord. No. 9749-07, § 1) Sec. 14-41. Definitions. For purposes of this article, the following definitions shall apply: Approved parking area: Land meeting the requirements of sections 18-41, 18-42 and 21-11.02 of this Code. Chronic violation: Violation of this article more than two (2) times by the same person. Driveway: Access for vehicular egress/ingress between the right-of-way of a public street or private street and the minimum required setback line of a lot which is hard surfaced with asphalt, concrete or other material to provide a durable, dust-free surfaced, which meets or exceeds the minimum specifications prescribed by the Board of Public Works. Dwelling: Any building, or portion of a building, which is designed or used primarily for residential purposes, including a single-family dwelling, two-family dwelling and multi-family dwelling but not including hotels, motels, boarding houses, lodging houses, and bed and breakfast. Front yard: An open space, unobstructed to the sky, extending fully across the lot while situated between the front lot line and the established front building line. Motor vehicle: Every vehicle which is self-propelled including but not limited to an automobile, truck, recreational vehicle, antique motor vehicle, motorcycle, private bus, school bus, low speed vehicle, or other vehicle specifically defined in Chapter 2 of Article 13 of Title 9 of the Indiana Code. Park or Parking: The standing of a motor vehicle, whether occupied or not, upon a right-of-way, driveway, front yard or side yard. Pocket parking lot: A small parking lot developed on approved vacant lots which would be used to accommodate residential parking needs in areas determined by the city to have a high demand for parking where current on-street parking is insufficient to meet such need. Public nuisance: Parking of any motor vehicle in violation of the regulations set forth in this article. Rear yard: An open space, unobstructed to the sky, extending fully across the lot while situated between a side lot line and the established side building line. Residential Use: Real estate which is zoned SF1 Single Family and Two Family Dwelling as further addressed in South Bend Municipal Code section 21-02.01; SF2 Single Family and Two Family Dwelling as further addressed in South Bend Municipal Code section 21-02.02; MF1 Urban Corridor Multifamily District as further addressed in South Bend Municipal Code section 21-02.03; or MF2 High-Density Multifamily District as further addressed in South Bend Municipal Code section 21-02.04. Right-of-way: Specific and particularly described land, property, or interest therein devoted to and subject to the lawful use, typically as a thoroughfare for passage of pedestrians, vehicles, or utilities, as set forth in a written grant, declaration or conveyance that is recorded in the Office of the Recorder of St. Joseph County, Indiana. Shared parking: A concept which would provide an opportunity to optimize parking supply by coordinating different parking peaks for different land uses between land owners through written agreements, thus promoting a more efficient use of residential neighborhood parking resources, facilitating more dense development, and promoting pedestrian/motor vehicle friendliness, while promoting quality of life in residential neighborhoods. Side yard: An open space, unobstructed to the sky, extending fully across the lot while situated between a side lot line and the established side building line. Sight distance: The distance visible to the driver of a motor vehicle measured along the normal travel path of a street to a specified height above the street when the view is unobstructed to traffic. Street: Any public right-of-way or private right-of-way, with the exception of alleys, essentially open to the sky and open and dedicated to the general public for the purposes of vehicular and pedestrian travel affording access to abutting property, whether referred to as a street, lane, road, drive, expressway, arterial, thoroughfare, highway, or any other term commonly applied to a right-of-way for said purposes. A street may be comprised of pavement, shoulders, gutters, curbs, sidewalks, parking spaces and similar features. Temporary residential special event: A one-day non-commercial residential event which would have parking for those in attendance which exceeds the parking available on the driveway located on that particular residential lot and the on-street parking adjacent to said residential lot. Use: The purpose or activity for which land, buildings or structures are designed, arranged, or intended or which land, buildings or structures are occupied or maintained. Yard: An open space, unobstructed to the sky, extending fully across the lot while situated between the front lot line, side lot line or rear lot line and the established front building line, side building line or rear building line. (Ord. No. 9749-07, § 1; Ord. No. 9785-07, § 3) Sec. 14-42. Parking prohibited in residential lawn areas; limited exceptions. (a) It shall be unlawful to park a motor vehicle in a front yard, in a side yard, or in a rear yard which abuts a street of a lot zoned for a residential use or dwelling, except that parking shall be permitted on a hard-surfaced driveway or approved parking space. (b) Parking of any motor vehicle in violation of the regulations set forth in this article is deemed a public nuisance. (c) The owner of a motor vehicle parked in a residentially zoned area where a permit has been issued under section 14-54 shall be exempt from the provisions of this section. (d) The owner of a motor vehicle parked in a residentially zoned area where a permit has been issued under section 14-55 shall be exempt from the provisions of this section. (Ord. No. 9749-07, § 1; Ord. No. 9785-07, § 4) Sec. 14-43. Parking prohibited on sidewalks or curb areas. (a) It shall be unlawful to park a motor vehicle over any part of a sidewalk or curb that is parallel to the street adjacent to a lot. (b) Any portion of a motor vehicle which protrudes over or onto a sidewalk or curb shall be considered a violation of this section. (Ord. No. 9749-07, § 1; Ord. No. 9785-07, § 5) Sec. 14-44. Penalties and enforcement procedures; abatement of public nuisances. (a) Citation for Violation and Abatement of Public Nuisance: Any person violating any section of this Article shall be issued a citation by members of the South Bend Police Department or the Department of Code Enforcement subjecting the violator to the following penalties: 1st violation$100.00 fine 2nd violation250.00 fine 3rd violation350.00 fine The City Attorney's Office is further authorized to seek fines not to exceed two thousand five hundred dollars ($2,500.00) for chronic violation of this article by repeat offenders. The Office of the City Attorney is authorized to abate any public nuisance which is created and maintained in violation of this article, and provide notice of the same, as required by applicable law. Whenever prohibited conduct occurs upon a property after the City has provided notice to abate the public nuisance, the City may file an action in any court of general jurisdiction to enjoin the public nuisance. (b) Separate Violations: Each day's violation shall constitute a separate offense. Each motor vehicle determined to be in violation of this article shall constitute a separate offense. If payment for a fine is not postmarked or received by the Ordinance Violations Bureau within fourteen (14) days, the fines shall be double the original amount. (Ord. No. 9749, § 1) Sec. 14-45. Towing or relocation authorized when vehicle(s) found blocking access or when causing an emergency or safety threat. If, in the opinion of the investigating officer from the South Bend Police Department or its designee, the illegal parking of a motor vehicle is causing an emergency situation by preventing ingress or egress of any foot or vehicular traffic or by preventing free movement of traffic and/or pedestrians, said vehicle(s) shall be subject to the provisions of South Bend Municipal Code section 20-15 addressing impoundment of vehicles or said vehicle may be re-located pursuant to the applicable provisions of state law. (Ord. No. 9749-07, § 1) Sec. 14-46. Interdepartmental coordination by the Director Of Public Works and regular updates to the Common Council. The Director of Public Works, or his authorized designee, shall coordinate all departments, bureaus and other entities involved in the monitoring and enforcement of this Article. On or before May 1 and November 30 of each year, a written report shall be provided to the Office of the City Clerk for disbursement to the Common Council addressing but not limited to the following: (1) Identification of all narrow residential streets depicted on a map which includes street names and any and all proposed programs, pilot or other, proposed to address parking concerns on such streets; (2) Summary of all proposed/existing pocket parking areas which would be depicted on a map which includes street names; (3) Summary of all proposed/existing shared parking areas which would be depicted on a map which includes street names; (4) Identification of all residential parking zones authorized by the Board of Public Works pursuant to South Bend Municipal Code section 20-114 through South Bend Municipal Code section 20-116, which such zones being depicted on a map indicating the specific locations and street names. (5) Accurate statistical data summarizing the effectiveness of the neighborhood parking programs and policies; citizen complaint tracking systems; and informational and enforcement mechanisms utilizing information from the Building Department, the City Attorney's Office, Department of Code Enforcement, IT, recognized neighborhood organizations and Neighborhood Partnership Centers; volunteer enforcement programs, etc. (6) Recommendations for improvements in order to further public safety and compliance with City Plan. (Ord. No. 9749-007, § 1) Secs. 14-47—14-49. Reserved.