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Parking on private property within city limits.

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sterling808

Junior Member
What is the name of your state (only U.S. law)? Painesville, Ohio.

Can someone decifer this? Basically I have the city telling me I cannot park my mototrcycle on my front lawn. They reference the city code 1137.12b2; To cease parking within the front setback. I see where the code addresses maintaining the space but noth that specifically directs me to not park on top of it! Can someone please explain this or am I mis-reading the ordinance?

(b) Paved Parking Within the Front Setback.

(1) In all residential districts parking lots for permitted or conditional uses shall conform to the requirements for accessory uses set forth in this ordinance.

(2) In single family residentially zoned districts, properties that are developed with a single family use may locate turn outs and additional parking within the front setback provided not more than forty percent (40%) of the setback shall be paved and a minimum ten-foot setback shall be maintained from the front property line. Parking for all other uses in the single family district must meet the criteria set forth in subsection (b)(1) hereof.​


I relpied with the following letter and recieved a reply that basically explaines nothing and adds not further reference.

Sir (ma-am),
Codes and ordinances are pretty much written in black and white and are not meant to be implied or subject to interpretation. This ordinance clearly speaks towards maintaining the parking space of ‘not more than forty percent (40%) of the setback’ which is clearly done so. The 10-foot from the property line is covered within the grandfather as the driveway was positioned many years before the ordinance was enacted.
I see nothing in this reference that specifically states that a vehicle is not supposed to occupy any other space. This ordinance speaks specifically to the maintaining of a parking space and not the use thereof. The parking space is being maintained and utilized by other vehicles.
It is our intention to cooperate with the City in every respect provided the codes and ordinances are appropriately interpreted. The property at 254 Courtland Street is privately owned and not rental property where rules governed might be more stringent. Should your department provide me with more specific written references regarding this matter I will be happy to comply.
1) This is not a single family district but also multifamily district.
2) Properties may locate turnouts and other additional parking within the front setback provided.
3) This reference speaks toward the positioning of parking spaces and turnouts not specifically the use thereof. As property owner I have the exclusive right to place my property within the confines of my property, as I wish, with respect to my neighbors, provided tastefully done, with regard to local codes and ordinances.
4) I will remind that the property is private and access will not otherwise granted without written permission and otherwise will be considered trespassing.
5) Further communication regarding this issue without the support of appropriate references and codes may be regarded as harassment.

(b) Paved Parking Within the Front Setback.
(1) In all residential districts parking lots for permitted or conditional uses shall conform to the requirements for accessory uses set forth in this ordinance.
(2) In single family residentially zoned districts, properties that are developed with a single family use may locate turnouts and additional parking within the front setback provided not more than forty percent (40%) of the setback shall be paved and a minimum ten-foot setback shall be maintained from the front property line. Parking for all other uses in the single family district must meet the criteria set forth in subsection (b)(1) hereof.

Merriam-Webster Dictionary

Main Entry: turn•out
Pronunciation: \ˈtərn-ˌau̇t\
Function: noun
Date: 1688
1: an act of turning out
2: chiefly British a: strike 3a b: striker 1d
3: the number of people who participate in or attend an event <a heavy voter turnout>
4: a: a place where something (as a road) turns out or branches off b: a space adjacent to a highway in which vehicles may park or pull into to enable others to pass c: a railroad siding
5: a clearing out and cleaning
6 a: a coach or carriage together with the horses, harness, and attendants b: equipment, rig c: manner of dress : getup
7: net quantity of produce yieldedWhat is the name of your state (only U.S. law)?
 
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sterling808

Junior Member
Could someone please help me with this?

I guess I am just really interested in a professional interrpretation as to what this ordinance is saying.

(b) Paved Parking Within the Front Setback.

(1) In all residential districts parking lots for permitted or conditional uses shall conform to the requirements for accessory uses set forth in this ordinance.

(2) In single family residentially zoned districts, properties that are developed with a single family use may locate turn outs and additional parking within the front setback provided not more than forty percent (40%) of the setback shall be paved and a minimum ten-foot setback shall be maintained from the front property line. Parking for all other uses in the single family district must meet the criteria set forth in subsection (b)(1) hereof.

Thank you!
 

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