TOWN OF ST. JOHN, LAKE COUNTY, INDIANA

ORDINANCE NO. 1610

AN ORDINANCE AMENDING TOWN ZONING ORDINANCE NO.: 1483, BEING: “AN ORDINANCE REPLACING TOWN ORDINANCE NO. 839, AS AMENDED, REPEALING ALL TOWN CODE SECTIONS AND ORDINANCES, OR PARTS THEREOF, IN CONFLICT THEREWITH, AND ALL MATTERS RELATED HERETO.”, AND ALL MATTERS RELATED THERETO.

WHEREAS, the Town Council of the Town of St. John, Lake County, Indiana (hereinafter “Town Council”), has reviewed the present text provisions of Town Zoning Ordinance No.: 1483, as amended from time to time, regarding parking regulations; and

WHEREAS, the Plan Commission of the Town of St. John, Lake County, Indiana (hereinafter “Plan Commission”), held a Public Hearing on the 3rd day of June, 2015, pursuant to published notice as required by applicable law, to consider the advisability and necessity of amending certain text provisions of Town Zoning Ordinance No.: 1483, as amended from time to time, regarding parking regulation provisions; and

WHEREAS, the Plan Commission has, at the conclusion of the public hearing held, certified a Favorable Recommendation to the Town Council that Town Zoning Ordinance No.: 1483, as amended from time to time, requires modification and amendment of certain text provisions contained therein regarding parking regulations; and

WHEREAS, the Town Council, having reviewed said certain recommended text amendments to Town Zoning Ordinance No.: 1483, as amended from time to time, pertaining to parking regulations, now concurs that it is advisable, appropriate and in the best interests of the residents and property owners of the Town of St. John that certain text provisions of Town Zoning Ordinance No.: 1483, as amended from time to time, be amended and modified pertaining to parking regulations.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF ST. JOHN, LAKE COUNTY, INDIANA, AS FOLLOWS:

SECTION ONE: That Section G. entitled “Supplemental Parking Regulations” of Chapter 12, entitled “Parking and Loading Requirements”, of Town Zoning Ordinance No. 1483, as amended from time to time, be, and the same is hereby added as follows:

Chapter 12-Parking and Loading Requirements

“Section G Supplemental Parking Regulations

G.1 PURPOSE
The purpose of this Section is to regulate the parking and/or storage of any type of conveyance or vehicle, which is constructed on one or more axles and wheels, whether such conveyance is used for transport of passengers, goods, or materials. This Section shall control in the event of a conflict with any and all other parking regulations within the Town of St. John. The Town of St. John and contractors acting under the authority of the Town of St. John are exempt this Section.

G.2 GENERAL PROVISIONS
For the purpose of this Section G, the terms “Vehicle” and “Vehicles” shall apply to any and all types of conveyance, including but not limited to, automobiles, trucks, vans, campers, motor-homes, recreational vehicles, trailers, buses, boats, and other such conveyance designed to transport passengers, goods, or materials. Unless stated otherwise, the following provisions shall apply to all zoning districts:

1. All Vehicles shall only be parked on a solid, hard paved surface consisting of asphalt, concrete, paving blocks or similar materials. Gravel, stone, and other loose materials are not considered solid, hard paved surfaces.
2. No Vehicle may be parked in a manner to obstruct any part of a sidewalk, including that part of a sidewalk that intersects a driveway.
3. No Vehicle may be parked in the public right-of-way except on the paved street surface.
4. A Vehicle may be parked in a Side Yard provided a minimum setback of three feet (3’) is maintained from any property line.
5. No Vehicle may be parked in the Rear Yard, except that a Vehicle may be parked on a solid, hard paved driveway that extends into the Rear Yard and in a garage, or may be parked inside a detached garaged located in a Rear Yard.
6. No Vehicle may be parked within ten feet (10’) of a mailbox during mail delivery times so as to impede or prevent mail delivery from a postal delivery vehicle.
7. Unless a permit is issued, no Vehicle; equipment or device designed for a purpose other than transport of passengers; goods; or materials may be parked or stored on a public street, open to public traffic, unless otherwise provided in this Section. This includes bulk materials, crates, and construction equipment, unless that construction equipment is currently in use for construction purposes on the premises.
8. Vehicles whose primary purpose is storage are prohibited from parking outside of an enclosed structure on property zoned residential.
9. All Vehicles, when parked on a street, must be parked in the direction with the flow of traffic.
10. No Vehicle may be parked in such a manner that would obstruct ingress/egress of a driveway.
11. No Vehicle may be parked on any part of a curb that rises above the level of the street surface. It is allowed to park on the horizontal portion of the curb that is immediately adjacent to the edge of the paved street surface.
12. When parked on a public street, no part of a Vehicle, including its load, may be wider than seven feet (7’) into the street, or be longer that twenty-two feet (22’), unless otherwise provided in this Section.

G.3 TRAILERS

1. Trailers are prohibited from parking on a public street except when loading and unloading goods or materials, and then for a period not to exceed four (4) hours in any day, unless a permit has been issued. When parked on a public street, trailers must be safely hitched to a towing vehicle with the trailer’s wheels blocked on all sides to prevent rolling. For purposes of this sub-section only, the maximum allowable length along a street, of the trailer and towing vehicle combined, shall not exceed thirty-three feet (33’).
2. Trailers in use for moving into or out of the premises may be parked on a public street for a maximum of twelve (12) hours in any day, unless a permit has been issued.

G.4 SEMI TRACTORS AND TRAILERS

1. Unless a permit is issued, semi tractors, with or without their trailers, are prohibited from parking on any public street, except:
1. While loading or unloading goods or materials, for a period not to exceed four (4) hours in any day; and
2. While in use for construction or moving into or out of a premises, for a period not to exceed twelve (12) hours in any day.
2. Overnight parking of semi tractors, with or without their trailers, is permitted only in industrial zoning districts and in commercial zoning districts designated as a truck stop. Overnight parking of such vehicles in other zoning districts, and under other circumstances, is allowable only with a permit.

G.5 BUSES
Buses or other vehicles designed to transport sixteen (16) or more passengers are prohibited:

1. from parking on public streets except while loading and unloading passengers, and only then for a period not to exceed one (1) hour in any day; and
2. from parking on driveways, Side Yards, and Rear Yards in residential zoning districts.

G.6 RECREATIONAL VEHICLES AND BOATS

1. Unless a permit has been issued, motorized and non-motorized recreational vehicles may only be parked on driveways in residential zoning districts during calendar months April through September.
2. Motorized and non-motorized recreational vehicles and boats are prohibited from being parked on any public street except while loading and unloading, and then for a maximum of four (4) hours in any day, during the months of April through September.
3. During calendar months October through March, all recreational vehicles and boats shall not be parked on driveways, and shall comply with all other provisions of this Section.

G.7 COMMERCIAL VEHICLES
This Section applies to any Vehicle used for commercial purposes, which is in excess of twenty-two (22’) long, seven feet (7’) wide, or seven feet (7’) high. Unless a permit has been issued, the Vehicles used for commercial purposes may park on any public street or paved driveway in a residential zoning district only:

1. While loading and unloading deliveries or materials, for a period not to exceed four (4) hours in any day; or
2. While in use for construction on the premises, for a period not to exceed twelve (12) hours in any day.
3. Notwithstanding the foregoing provisions, a pick-up truck with an attached snow plow may park on a private driveway providing the vehicle does not exceed twenty-five feet (25’) in overall length.
4. Vehicles used for commercial purposes may be parked anywhere on a lot, except the unpaved public right-of-way or a sidewalk while construction of a new structure is in process if no prior occupancy permit has been issued for that lot.

G.8 ROLL-OFF AND TRASH CONTAINERS

1. This section applies to any commercial or industrial equipment designed to store or transport trash.
2. Roll-off / trash containers are permitted to be placed on public streets in any zoning district only when:
1. A driveway is being replaced;
2. Appropriate blocking under or below the dumpster is used to protect the surface of the public street from damage;
3. The container does not extend more than seven feet (7’) into the street, nor extend longer than twenty-two feet (22’) along the street;
4. The container is not parked on the curb, nor on any part, of the right-of-way that is not paved; and
5. Appropriate reflective markings, markers, cones or barricades are present, as to not cause a traffic hazard.
3. Roll-off / trash containers are permitted to be placed on a paved driveway in a residential zoning district while construction or remodeling is being performed on an existing structure, but may not be placed on any portion of a sidewalk or unpaved right-of-way.
4. Roll-off / trash containers may be placed anywhere on a lot except on a sidewalk or unpaved right-of-way, while construction of a new structure is in process if no prior occupancy permit has been issued for that lot.

G.9 INOPERABLE VEHICLES
Vehicles deemed inoperable or not road-worthy are prohibited from being parked on public streets or any lot in any zoning district, except when parked wholly within an enclosed garage.

G.10 PERMIT ISSUANCE
Any permit issued pursuant to the terms and provisions of this Section shall be issued through the Town of St. John Police Department. The Police Department shall evaluate the permit requests based upon the circumstances presented and issue permits in keeping with spirit of this Section and only for all long as is needed based upon the circumstances presented.”

SECTION TWO: That all existing Town Code Sections and Ordinances, or parts thereof, in conflict with the provisions of this Amendatory Ordinance, are hereby repealed, and declared to be null, void, and of no legal effect.

SECTION THREE: That if any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this Ordinance.

SECTION FOUR: That this Ordinance shall take effect, and be in full force and effect, from and after its passage and adoption by the Town Council of the Town of St. John, Lake County, Indiana, pursuant to applicable law.

ALL OF WHICH IS PASSED AND ADOPTED THIS 11th DAY OF June, 2015, BY THE TOWN COUNCIL OF THE TOWN OF ST. JOHN, LAKE COUNTY, INDIANA.