Yard Parking and Storage

ARTICLE 3. YARD PARKING AND STORAGE

8-301. LEGISLATIVE FINDINGS. The Governing Body finds that the types of vehicles that are parked or stored, the location on a particular site of such parking or storage, and the condition of the vehicles which are parked or stored has a direct effect on the health, safety and general welfare of the residents of the City. The Governing Body finds that the improper or inappropriate storage or parking of vehicles can be unsafe, unsanitary and unsightly, and that such conditions constitute blight on surrounding properties. The Governing Body further finds that in order to prevent such blight, stabilize the value of surrounding properties and minimize threats to the public safety and general welfare of the residents of the City, it is hereby deemed necessary to regulate the manner in which vehicles are parked or stored, the types of vehicles that are parked or stored, and the location of such parking or Storage. (Code 2009)

8-302. SCOPE. The provisions of this Article shall apply to all lands within the corporate boundaries of the City of Canton, unless specifically excepted.

(Code 2009)

8-303. DEFINITIONS. The following words and phrases shall be defined as follows for the purpose of this Article:

(a) “Abandoned or Inoperable” - means:

(1) A condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purposes for which it was originally constructed, or

(2) The absence of a current valid registration plate upon such vehicle permitting that vehicle to be operated on the public streets and highways of the State of Kansas, unless the vehicle has a non-highway vehicle title issued solely because the vehicle was not manufactured for street use, or

(3) The absence of one or more of the parts of the vehicle necessary for the lawful operation of the vehicle on the public streets and highways, unless the vehicle has a non-highway title issued solely because the vehicle was not manufactured for Street use, or

(4) The placement of the vehicle or parts thereof upon jacks, blocks, chains or other supports.

(b) “Automobile repair” - shall mean the repair or restoration of any motor vehicle body or pans, and shall include, without being limited to, glass installation and replacement, brake and muffler repair and replacement, window tinting, radio and stereo installation, tire and battery replacement, tune ups, repair and servicing of motor vehicle engines, including overhauls, transmission work, body work and painting.

(c) “Designated driveway” - shall mean the surfaced roadway leading from the street to the garage, covered parking area, or other permitted off street parking area. Each residence is allowed one designated drivewayfor single family or duplex residences.

(d) “Enclosed building” - shall mean the primary structure or an attached garage filly enclosed by walls and a roof; with all windows or doors completely closed.

(e) “Front surface of a residence” - means that wall surface, or combination of surfaces, that is visible from the front lot line; provided, however, that surfaces which are perpendicular or nearly perpendicular to the front lot line are excluded, as are surfaces of minor building projections such as fireplaces or bay windows.

(f) “Hearing Officer” - means a person appointed by the Governing Body to conduct the hearings pursuant to this Article.

(g) “Public Officer” - means Police Chief employed by the City of Canton.

(h) “Paved driveway or paved parking area” - means a hard-surfaced area designed and constructed specifically for use by motorized vehicles as a path for the vehicle to be driven across or as a location at which a vehicle could be parked or stored. Such driveways and parking areas shall include only that surface area that is continuously connected to a public or private street via a paved surface wide enough for use by a standard passenger car. The paving material for a “paved driveway or paved parking area” shall consist of concrete, asphalt, paving bricks or similar material. The term “paved parking area” may include a public or private Street where on-street parking is permitted.

(i) “Property owner” - means any person, partnership or corporation who alone or jointly or severally with others has legal title to land and/or structures, or any person, partnership or corporation who is trustee or guardian of the estate of the title holder.

(j) “Recreational Vehicles” - include any vehicles used for purposes other than the primary source of transportation for a household, including travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pickup, horse trailers, boats Over 14 feet in length with or without trailers, all terrain vehicles and other similar vehicles, This definition shall not include mobile homes.

(k) “Resident or tenant” - shall mean the person, partnership or corporation occupying or utilizing the primary structure on the site as a residence in a residential structure or as a business tenant in a nonresidential structure.

(I) “Residential zoning districts” - means that land area, including public and private streets, that is contained within one of the zoning districts defined as a residential district. This definition shall include those sections of public and private streets that abut residentially zoned land on both sides.

(m) “Section” - means the stated section of the Canton Municipal Code.

(n) “Trailers” - means a utility trailer having a gross weight of less than 1500 pounds.

(o) “Vehicle” or “motor vehicle” - means any a currently licensed motorized or non-motorized conveyance that includes, but is not limited to an automobile, car, truck, tractor, trailer, motorcycle or water craft, in operable condition.

(p) “Vehicle owner” - means the person, partnership or corporation registered as the owner of a particular vehicle.

(q) “Zoning ordinance” or “zoning regulations” - means the requirements and regulations of the City Land Development Ordinance.

(b) The provisions of this section shall not apply where there is only one inoperable vehicle on the private property and where the vehicle is inoperable for a period of fifteen consecutive days or less Vegetation, including weeds and trees, growing on, around or within a vehicle to such an extent that it is obvious can be used as evidence that the vehicle has not been moved for at least 15 days.

(c) The provision of this section shall not apply to any person, firm or corporation, or their agent, who is conducting a business enterprise concerned with the repair, sale or storage of vehicles in compliance with the existing Zoning regulations. (Code 2009)

8-305. VEHICLE PARKING. (a) No vehicle owner, property owner, resident or tenant shall allow a vehicle to be parked or stored adjacent to any public street on any surface other than a designated driveway or a parking area, Adjacent to any public Street in residential areas, all vehicles (except RVs and trailers as provided herein) shall be parked on one designated driveway relating to the garage or carport or designated parking areas for multifamily dwellings, In areas where there are no garages or carport; vehicles may be parked on one designated driveway Constricted perpendicular to the Street curb or surface to at least 3 feet from the residence o the building setback. Such designated driveway should be located on the half of the lot closest to an interior lot line unless there are special circumstances Approved by the building & Zoning official.

(b) All new parking areas, including drives with Street access, must be paved. Drives off an alley may be gravel.

(c) No parking shall be allowed in that portion of the street right-of-way no used for traffic movement This is in. the area between the curb or street surface and

the sidewalk or property lot line except on the designated driveway.
(d) No parking on or over the sidewalk or within one foot of a curb or Street surface on a designated driveway.

(e) For residential lots the total outside parking or storage of all allowabl items and types of vehicles and trailers is 10% of the total lot area or 1400 square feet whichever is less at a single or duplex family residence. Such vehicle parki shall not exceed 50% of the open space of the lot in the front or sides or rear up to the maximum allowable parking or storage space.

(f) No parking or storage of any type of vehicle or trailer is allowed on vacant lots in residential zones.
(g) Recreational vehicles, (RVs) or trailers must be owned by the proper owner or resident and shall not be parked in the front building setback unless there

is no reasonable access to the building side yards or rear yards because of topography or other physical conditions on the site.
(1) If parked in the front yard RVs or trailers must be at right angles (not parallel) to the Street on a designated driveway not exceeding 24 feet in width. If the property has more than one driveway, then RVs or trailers may only be parked in one driveway in the area between the front of the residence and the lot front line.
(2) Parking or storage of RVs or trailers must beat least 3 feet from any side or rear lot line, if parked on a side yard facing a Street it must be parked on the half of the side yard closest to the residence.
(3) RV5 shall not extend into public right-of-way or obstruct sight visibility from adjacent driveways.

8-304. ABANDONED OR INOPERABLE VEHICLES. (a) Except as provided below, it is unlawful for any person to park, store, or leave or permit the parking, storing or leaving of any abandoned or inoperable vehicle on private property unless it is within an enclosed building.

(4) No RV may be used for overnight accommodation on a public right-of-way.

(5) If there is access to the side or rear yards, temporary parking of RVs or trailers on a driveway within a front yard setback is permitted for loading and unloading purposes not to exceed 24 hours during an individual week. (Code 2009)

8-306. COMMERCIAL OR FARM VEHICLES IN RESIDENTIAL, DISTRICTS. No heavy equipment or vehicle rated above one ton, or farm machinery or farm implement shall be stored or parked within any residential district unless parked within an enclosed building or carport. Provided, however that this section shall not prevent the temporary location of such a vehicle or equipment on such property while engaged in a delivery, pick-up or service to the property, and further provided, except parked on a temporary basis for not more than a single occurrence not exceeding 12 hours during any 10 day period. (Code 2009)

8-307. NOTICE OF VIOLATION; AUTHORITY TO ISSUE NOTICE TO APPEAR. Any person found by the public officer to be in violation of this Article shall be sent a Notice of Violation by the public officer. The Notice of Violation shall state:

(a) The address where the condition exists.

(b) The condition which has caused the violation of this Article; and

(c) That the person in violation shall have 10 calendar days from the date of the Notice of Violation to alleviate any nuisance violation of this Article; or in the alternative,

(1) That the person in violation may enter into a written agreement with the City to alleviate the nuisance violation within a specified time limit if the public officer believes an extended period of time is warranted. Failure to eliminate the violation under the terms of the agreement waives the right to a hearing before the hearing officer and the person will be served a Notice to Appear in municipal court; or in the alternative.

(2) That the person in violation may, within 10 calendar days from the date on the Notice of Violation, request in writing for a hearing on the matter as provided in 14-309 before the hearing officer.

(d) That failure to alleviate the condition will result in either abatement of the condition by the city with the costs assessed against the property under 14-311, or the person being served a Notice to Appear in municipal court for adjudication of the violation. (Code 2009)

8-308 SERVICE OF NOTICES. A copy of the notice shall be served upon the person in violation in one of the following ways:

(a) Personal service upon the person in violation; or

(b) Certified mail, return receipt requested; or

(c) In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the public officer and filed with the city clerk, and the serving of the notice shall be made by publishing the same once each week for two consecutive weeks in the official city newspaper and by posting a copy of the notice on the premises where such condition exists.

(d) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, notice may be given by any of the following methods: door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail.

8-309. HEARING BEFORE HEARING OFFICER; HEARING ORDER TO ABATE. If the recipient of the notice of violation makes a written request for a bearing within the notice period, then the city shall immediately schedule a hearing during a regular business day and not later than ten (10) calendar days from the receipt of the written request. The hearing shall be conducted by a designated hearing officer appointed by the City Council who shall not be an employee of the city. The hearing officer shall receive evidence, review the investigation arid prepare a written order, The order shall be sent by certified mail to all relevant panics within five (5) calendar days of the hearing unless otherwise stated at the hearing and prior to the city taking any action to abate the violation. The order shall describe the relevant facts relied upon, state the specific code provisions being relied Upon should a violation be found, and state any such other stipulations methods of abatement or orders as~ deemed necessary by the hearing officer. This includes the authority of the hearing officer to issue a Notice to Appear in municipal court for adjudication of the violation. (Code 2009)

8-310. MUNICIPAL COURT; PENALTY. The public officer or City Prosecutor may file a complaint in the municipal court and serve a Notice to Appear against any person who receives a Notice of Violation and does not correct the violation(s) within the allotted time and who does not request a hearing as described in 14-307 or against any person that has failed under the terms of an agreement to eliminate the nuisance. Upon such-complaint in the municipal court, any person forbid to be in violation of this Article shall upon conviction be punished by a fine of not less than $50.00 nor more than $100.00, or by imprisonment for not more than 30 days, or by both such fine and imprisonment for each offense, For the purposes of this Article, a separate offense shall be deemed committed on each day during or on which such violation is permitted to exist. If upon conviction of a nuisance herein under and it appears to the court that the nuisance complained of is continuing, the court may enter such order as it shall deem appropriate to cause the nuisance to be abated. (Code 2009)

8-311. COSTS ASSESSED. If the city abates the conditions in violation of this Article, the cost of abatement shall be charged against the premises on which the conditions were located. The city clerk shall, at the time of certifying other taxes to the county clerk, certify the costs as provided in this Article. The county clerk shall extend the Same on the tax roll and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid. The City in lieu of or in conjunction with, may use any other method of collecting the city’s cost of abatement as is allowed by law. (Code 2009)

8-312. EMERGENCY ABATEMENT. In order to enforce the provisions of this Article, when the Public Officer or his/her duly authorized representatives find and determine that the severity of the violation warrants immediate action, he/she may cause the clean up or abate the violation thereof by any appropriate means. The cost of such emergency impoundment or abatement may be recovered by the City as provided in this Article. Such emergency impoundment or abatement will not relieve the person of further action which nay be taken by the City including but not limited to, liability for any violations of this Article or any other applicable provisions of state law and local ordinances. (Code 2009)

8-313. IMPOUNDMENT. Disposition of any motor vehicle removed and abated by the City from private property pursuant to this Article shall be as provided by K.S.A. Supp. 8-1 102, as amended. (Code 2009)

8-314. CONSTRUCTION. Nothing in this Article shall be Construed to abrogate or impair the powers of the court or of any department of the city to enforce any provisions of its laws nor to prevent or punish violations thereof. The powers conferred by this Article shall be in addition to and supplemental to the powers conferred by the Constitution by any other law or by ordinance. (Code 2009)