088.300 - PARKING IN FRONT YARDS
A.
In all zoning districts, for any real estate used for residential purposes, it shall be unlawful for any vehicle, or part thereof, to be parked in the front yard area other than in a private driveway, except for a currently registered vehicle that is parked for one time of up to twelve (12) hours during a fourteen-day (14) period so long as it does not display a sign "For Sale," or such other similarly purposed graphic. It shall further be unlawful to park a vehicle, or any part thereof, on a vacant lot.
B.
If any vehicle is found in violation of this section and the driver thereof is not present, the owner or person in whose name such vehicle is registered in the records of the City, County or State, shall be responsible for such violation. Proof of ownership, as aforesaid, shall be prima facie evidence that such vehicle with an absent driver was being operated with permission of the owner.
C.
In addition to Subsection B of this section, the owner or manager of the building or premises where a violation of this provision exists, or the lessees or tenants of an entire building or entire premises where such violation has been committed or shall exist, shall be responsible for such violation, when such person constructively or actually knows of such violation or has been served with an order to remove any such violation and after five (5) days following service of such order has failed to remove any such violation, or allows any violation of this provision to exist.
D.
Nothing herein shall be deemed to prevent the owner of a premises from altering the driveway and front yard configuration of a premises, so long as detailed plat plans for such are submitted to the Building Inspector for his approval and all other provisions of the City Code are complied with for such alterations.
E.
Definitions.
Private driveway means a minor private roadway used for vehicular access onto residential lots to provide access to a private garage, carport or private parking area that is accessory to the primary residential use. The private driveway shall be of adequate dimension to allow safe ingress and egress from a public street or other public way, shall not exceed thirty (30) percent of the width of a lot, shall not be wider than thirty (30) feet and must access only one public right-of-way. At the time of passage of this section, private driveways not in compliance with regard to dimension, access, and construction materials shall be exempted from such requirements, but not from the remaining provisions of this section.
Vehicle shall be defined as provided for in the Illinois Vehicle Code (625 ILCS 5/1-217), as amended, as well as all terrain vehicles, camping trailers, farm tractors, motor homes, van campers, boats, motorcycles, road tractors, semi trailers, trailers, truck tractors, and construction related vehicles and/or equipment.
F.
The enforcement of the provisions of this section may be exercised by either the City's Police Department, Zoning Administrator or Code Compliance Officer in the manner provided for in Section 17.104.110. Notwithstanding the foregoing, nothing herein shall be construed as to prevent or preempt enforcement of this section in any other manner provided for in this title.
G.
Any person who is convicted of a violation of this section shall be fined not more than seven hundred fifty dollars ($750.00) plus court costs. Each day that a violation continues shall be considered a separate offense.
(Zoning Ord. 2009, § 17.088.300)
088.300 - PARKING IN FRONT YARDS
A.
In all zoning districts, for any real estate used for residential purposes, it shall be unlawful for any vehicle, or part thereof, to be parked in the front yard area other than in a private driveway, except for a currently registered vehicle that is parked for one time of up to twelve (12) hours during a fourteen-day (14) period so long as it does not display a sign "For Sale," or such other similarly purposed graphic. It shall further be unlawful to park a vehicle, or any part thereof, on a vacant lot.
B.
If any vehicle is found in violation of this section and the driver thereof is not present, the owner or person in whose name such vehicle is registered in the records of the City, County or State, shall be responsible for such violation. Proof of ownership, as aforesaid, shall be prima facie evidence that such vehicle with an absent driver was being operated with permission of the owner.
C.
In addition to Subsection B of this section, the owner or manager of the building or premises where a violation of this provision exists, or the lessees or tenants of an entire building or entire premises where such violation has been committed or shall exist, shall be responsible for such violation, when such person constructively or actually knows of such violation or has been served with an order to remove any such violation and after five (5) days following service of such order has failed to remove any such violation, or allows any violation of this provision to exist.
D.
Nothing herein shall be deemed to prevent the owner of a premises from altering the driveway and front yard configuration of a premises, so long as detailed plat plans for such are submitted to the Building Inspector for his approval and all other provisions of the City Code are complied with for such alterations.
E.
Definitions.
Private driveway means a minor private roadway used for vehicular access onto residential lots to provide access to a private garage, carport or private parking area that is accessory to the primary residential use. The private driveway shall be of adequate dimension to allow safe ingress and egress from a public street or other public way, shall not exceed thirty (30) percent of the width of a lot, shall not be wider than thirty (30) feet and must access only one public right-of-way. At the time of passage of this section, private driveways not in compliance with regard to dimension, access, and construction materials shall be exempted from such requirements, but not from the remaining provisions of this section.
Vehicle shall be defined as provided for in the Illinois Vehicle Code (625 ILCS 5/1-217), as amended, as well as all terrain vehicles, camping trailers, farm tractors, motor homes, van campers, boats, motorcycles, road tractors, semi trailers, trailers, truck tractors, and construction related vehicles and/or equipment.
F.
The enforcement of the provisions of this section may be exercised by either the City's Police Department, Zoning Administrator or Code Compliance Officer in the manner provided for in Section 17.104.110. Notwithstanding the foregoing, nothing herein shall be construed as to prevent or preempt enforcement of this section in any other manner provided for in this title.
G.
Any person who is convicted of a violation of this section shall be fined not more than seven hundred fifty dollars ($750.00) plus court costs. Each day that a violation continues shall be considered a separate offense.
(Zoning Ord. 2009, § 17.088.300)