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25 - Amendment to Use of Parking AreasNo. 25 Memorandum TO: Mayor, Mayor Pro Tem & City Council FROM: Grayson Path, City Manager Robert Vine, Deputy City Manager / Interim Director of Planning and Community Development Richard Salter, Chief of Police Robert Talley, Code Enforcement Supervisor SUBJECT: No Parking Ordinance DATE: May 13, 2024 BACKGROUND: Off-street parking is regulated under the City's Zoning Ordinance, Section 9B-10-111 entitled "Use of Parking Areas". The ordinance currently requires that (a) identified off-street parking be reserved for parking and no other use; (b) parking in the front yard must occur on the driveway (surfaced, or if unsurfaced where a driveway might logically be); and (d) semi -trucks are not allowed to be parked in specific residential zones (unless expeditious loading / unloading is occurring). Otherwise, parking of vehicles (other than semi -trucks) can occur in the side and/or rear yards of the residential property. The intent of this code is to maintain a neat and orderly look to the surrounding neighborhood. An issue that is not addressed is off-street parking in 1) a vacant residential lot and/or 2) an unimproved and unsurfaced vacant non-residential lot. The Police Department and Code Enforcement Department continue to receive complaints about vehicles across town parked in such vacant lots. Typically, vehicles are being left for long periods of time unattended (junk and rubbish), are leaving ruts / damage to the properties that go unfixed and make it hard for them to be maintained (nuisance violations — tall grass and weeds), and/or are associated with large gatherings (noise, trash, etc.). Overall, there are issues that can run afoul of the intent of maintaining a neat and orderly neighborhood. STATUS OF ISSUE: City Staff have developed the attached proposed amendment, adding 9B -10-111(c). This would make it illegal to park a vehicle on 1) any vacant residential lot and 2) any unimproved and unsurfaced (non-residential) vacant lot. The prohibition in #1 disallows improved and/or surfaced residential vacant lots. A defense to this ordinance is when the vehicle is successfully screened pursuant to our codes under Article 4.11. A cleanup edit is proposed for 9B -10-111(d) to add "four -family dwelling district (4F)" to the list of residential districts, which should complete the list of all residential districts. Pursuant to section 913-21 of the Zoning ordinances, before the City Council can take action on this item, it must first appear before the Planning and Zoning Commission to review and consider a recommendation to send to the council. Should the City Council tonight find it fit to pursue this proposed amendment, it would be scheduled to appear at the June 3, 2024 P&Z Commission meeting. It would then be brought back to the City Council. BUDGET: There are no significant budgetary implications due to this amendment. Some enforcement costs as well as fines may occur, but these would be minimal amounts as compared to the budget. OPTIONS: 1. Authorize the draft amendment to 913-10-111 and send to the P&Z Commission for consideration. 2. Request edits to the draft amendment to then be brought back for City Council review prior to being sent to the P&Z Commission. 3. Reject the proposed amendment. 4. Request additional information. RECOMMENDATION: 1. Authorize the draft amendment to 913-10-111 and send to the P&Z Commission for consideration. 913-10-111 USE OF PARKING AREAS (a) Required off-street parking spaces and associated aisles and maneuvering areas shall be used for vehicle parking only. No sales, storage, or display of merchandise (including automobiles), inventory, materials, sanitation containers, or supplies or repair work or dismantling shall be permitted in such areas. Under no circumstances shall a required parking space be used for any purpose other than parking. (b) No car, truck, or other vehicle shall be parked on an unsurfaced area of the front yard if the lot has a concrete, asphalt, or gravel driveway. If the driveway is unsurfaced and was in existence prior to September 1, 1989, no car, truck, or other vehicle may be parked in any portion of any yard other than that area which is logically intended to be used as a driveway, including areas located in front of a garage or carport or that are located to one (1) side of the lot. (c). It shall be unlawful for any person to leave, park, or stand any car, truck, or other vehicle, motorized or otherwise, or to allow any person to leave, park, or stand any such vehicle on property owned by him or her, on a vacant lot in any area zoned as either a one - family dwelling district (SF -1, SF -2 or SF -3), two-family dwelling district (21F), four -family dwelling district (4F) or multiple -family dwelling district (MF -1 or MF -2) under the zoning ordinance of the City. It shall be unlawful for any person to leave, park, or stand, any car, truck, or other vehicle, motorized or otherwise, or to allow any person to leave, park, or stand any such property owned by him or her, on an unimproved and unsurfaced vacant lot in any zoning district in the City. Each vehicle parked in violation of this section shall constitute a separate offense, and each day a vehicle is parked in violation of this ordinance shall constitute a separate offense. It shall be a defense to this section if the vehicle is parked behind a lawful screened fence. (d) It shall be unlawful for any person to leave, park or stand any truck tractor, road tractor, trailer, semi -trailer, bus, or any commercial motor vehicle with a rated capacity of one and one-half (1-1/2) tons or more according to the manufacturer's classification, or the equivalent thereof, upon any part of the front, side, or rear yard, whether paved or unpaved, within or adjacent to any area zoned as either a one -family dwelling district (SF -1, SF -2 or SF -3), two-family dwelling district (2F), four -family dwelling district (417) or multiple -family dwelling district (MF -1 or MF -2) under the zoning ordinance of the City. This section shall not prevent the parking or standing of the above-described vehicles in such zoned areas for the purpose of expeditiously loading and unloading of passengers, freight, or merchandise.