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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/01/2002 - SECOND READING OF ORDINANCE NO. 140, 2002, DECLARI AGENDA ITEM SUMMARY ITEM NUMBER: 12 FORT COLLINS CITY COUNCIL DATE: October 1, 2002FROM: John Fischbach Steve Roy SUBJECT : Second Reading of Ordinance No. 140, 2002, Declaring the Parking of Vehicles in Front Yards to I� Be a Nuisance and Prohibiting the Same. 1 I RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: i The City's Land Use Code currently contains provisions regulating the parking of vehicles in front yards of new development lots on which single family or two-family dwelling units. This Ordinance, which was unanimously adopted on First Reading on September 17. 2002, provides stricter regulations declaring that the parking of vehicles in front or side yards of new and existing lots to be a nuisance,and prohibits such parking under the nuisance provisions contained in Chapter 20 of the City Code,unless the vehicle is parked in a designated alley or on a hard surface of asphalt, concrete, rock, gravel or other similar inorganic material. At First Reading of the Ordinance, staff received direction to make certain changes prior to Second Reading. These changes, and staffs response, are as follows: • Consider whether the Ordinance should be part of the Model Traffic Code instead of the nuisance code. Staff continues to recommend placing the Ordinance in the nuisance code, so as to better insure that violations of this Ordinance would count as a"separate violation" for the purposes of the Public Nuisance Ordinance. In order for a code violation to be counted under the Public Nuisance Ordinance, the conduct of the persons committing the violation must be such that it annoys or disturbs the peace of the residents in the vicinity of the parcel or the passerby on the public streets, sidewalks and rights-of-way in the vicinity i of the parcel. Violations of provisions of the City's nuisance code more clearly fit within this description than do violations of the Model Traffic Code. It is important to note that persons violating the provisions of this Ordinance can be immediately issued a citation for the violation and prosecuted in Municipal Court,even though that violation,in combination with others, may or may not eventually constitute a separate violation of the Public Nuisance Ordinance. In other words, underlying violations such as these do not, in themselves, require the extensive notice and waiting periods that are required of the Public Nuisance Ordinance, even though they may eventually count towards a Public Nuisance Ordinance violation. c o er , DATE: ITEM NUMBER: 12 • Exemption for motorcycles. An exemption for motorcycles and mopeds has been added, since the presence of such vehicles does not constitute the same level of aesthetic concern as the presence of trucks and automobiles. • Exception for washing a vehicle. This exception has been added to the Ordinance. • Limiting the portion of the lot that can be converted to hard surface parking. Language has been added to limit to no more than forty percent the amount of a front or side yard that can be converted to hard surface parking after the effective date of this ordinance, unless the front or side yard abuts only a collector or arterial street where parking is prohibited. This provision will not affect parking areas that already consume more than forty percent of a front or side yard. Those will be "grandfathered." I I i I i I AGENDA ITEM SUMMARY ITEM NUMBER: 30 DATE: September 17, 2002 FORT COLLINS CITY COUNCIL John Fischbach FROM: Steve Roy SUBJECT : First Reading of Ordinance No. 140, 2002, Declaring the Parking of Vehicles in Front Yards to Be a Nuisance and Prohibiting the Same. RECOMMENDATION: Staff recommends adoption oLeOrdioceo i t Reading EXECUTIVE SUMMARY: The City's Land Use Code currently contains provisions regulating the parking of vehicles in front yards of new development lots on which single family or two-family dwelling units. This proposed Ordinance would provide stricte ati atPh e t arkmg of vehicles in front or side yards of new and existin ots t a nm w rohibit such parkingunder [he nuisance provisions containe 'n Chap. 20 t Co unless the vehicle is parked in a designated alley or on a hard s bf as c , ro ravel or other similar inorganic material. Parked vehicles on front and side yards that abut public streets present both a traffic safety hazard and a negative aesthetic appearance to the neighborhoods of Fort Collins. These parked vehicles are dangerous as they do not allow an orderly ingress and egress to a public street. They also track mud and dirt onto the public street and their presence on yards has a negative impact on the land and looks both disorderly and unappealing. Adopting this Ordinance will er p s e cc to 1 safety and aesthetic appearance in the neighborhoods of Fort Ilins. M AV I • ORDINANCE NO. 140, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING THE PARKING OF VEHICLES IN FRONT YARDS TO BE A NUISANCE AND PROHIBITING THE SAME WHEREAS,Section 3.2.2(D)(3)(b)of the Land Use Code contains provisions regulating the parking of vehicles in front yards of lots on which single-family or two-family dwellings exist; and WHEREAS, the parking of vehicles in front and side yards that abut public streets presents a traffic safety hazard because no orderly ingress and egress to a public street is provided and because such parking practice promotes the tracking of mud and dirt onto the public street; and WHEREAS, such parking practice also presents a disorderly and unappealing aesthetic appearance to the neighborhood; and WHEREAS, for these reasons, the City Council has determined that the parking of vehicles in front or side yards that abut a public street is a general public nuisance and should be prohibited under the nuisance provisions contained in Chapter 20 of the City Code; and WHEREAS,once such activities are prohibited as a general public nuisance,the regulations contained in the Land Use Code pertaining thereto should be repealed. iNOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Chapter 20 of the Code of the City of Fort Collins is hereby amended by the addition of a new Article VII and by renumbering of all subsequent articles accordingly, to read as follows: ARTICLE VII. PARKING. Sec. 20-105. Nuisance declared and prohibited. The Y o persoA shalk par ,`tir�S11f Vt,t[1 � kt.t0`,1Cs,'?irkteo att mptg vehicle otlte than a znotarcycle or.EgoPed in the front yard or side yard of a lot on which exists a single-family or two-family dwelling for and putposerexceptatte washuEofsvhrv` hiale'k Lnatktng.gia1Y4t9rnYelckt?rpaCttiisSectio is hereby declared to constitute a nuisance and danger to the public health, safety and welfare and is prohibited, unless such motor vehicle is parked on an improved area having a surface of asphalt,concrete,rock,gravel or other similar inorganic material, and such improved area has a permanent border. This prohibition shall apply to side yards only if such side yards abut a public street other than an alley. For purposes of this Section, the terms "yard," "front yard" and "side yard" shall have the meaning • ascribed to them in § 20-41 of the Code. No area of a yard governed by this Section that_ls lritpiaved after October 10 2002,to alloyfor the parking of inator.v hides shall conk6brte more than forty percent(40%a) of any,front or side.yard;unless said improved area abuts only a collector or"arterial street upon which parking is prohibited. Section 2. That Section 3.2.2(D)(3)(b) of the Land Use Code is hereby repealed and all subsequent subsections are relettered accordingly. Introduced and considered favorably on first reading and ordered published this 17th day of September, A.D. 2002, and to be presented for final passage on the 1st day of October, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this ist day of October, A.D. 2002. Mayor ATTEST: City Clerk