NEIGHBORHOOD AND COMMUNITY SERVICES MEMORANDUM

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1 NEIGHBORHOOD AND COMMUNITY SERVICES MEMORANDUM October 23, 2017 TO: FROM: SUBJECT: City Council Kelly Mack, Neighborhood Development Specialist Second reading, public hearing and action on a proposed ordinance amending Section (Residence Districts) of the Code of General Ordinances to modify existing regulations related to parking of trucks in residential districts. (File Ordinance No ) Relates to Strategic Plan Strategic Goal - N/A Executive Summary The proposed ordinance would amend existing regulations related to the parking of trucks and other large vehicles in residential districts. The primary purpose for the recommended ordinance change is to more clearly distinguish the standard established for parking of commercial-sized vehicles not permitted in residential neighborhoods and other vehicles manufactured for passenger use and typically prevalent in residential settings. The proposed ordinance would simplify enforcement and minimize conflicts between the current weight limit and larger passenger vehicles. City Recommendation The City recommends that following the second reading and public hearing, the City Council approve File Ordinance No , amending Section (Residence Districts) of the Code of General Ordinances to modify existing regulations related to parking of trucks in residential districts. Suggested Motion I move to approve File Ordinance No , amending Section (Residence Districts) of the Code of General Ordinances to modify existing regulations related to parking of trucks in residential districts. Background The current Zoning Ordinance restricts parking of large vehicle and trucks exceeding 8,000 pounds gross vehicle weight (GVW) in residentially-zoned areas of the City. This restriction has been in place for several decades in large part to maintain the residential character of the City s residential neighborhoods. The proposed ordinance has been prepared to increase the 1

2 maximum weight threshold from 8,000 pounds to 12,000 pounds GVW to draw a more specific distinction between commercial-sized trucks not permitted in residential areas and personal vehicles (trucks) more widely distributed in the marketplace today. GVW is defined as an auto s maximum weight that should not be exceeded. Weight calculations include curb weight, additional equipment that s been added, the weight of the cargo, and the weight of all passengers. Wisconsin license plates are purchased at the Department of Motor Vehicles based on the GVW of the vehicle. These weights are self-reported; however, under-reporting could result in a traffic citation for improper registrations or other related citations. The proposed ordinance also exempts certain vehicles such as human service vehicles (which are used to transport individuals with disabilities or seniors), collector, and hobbyist vehicles from the weight limit restriction. The vehicles were included in this exemption due to their lack of association with non-residential property uses. On June 19, the Plan Commission met to review the proposed ordinance, originally proposed under File Ordinance No , and provided commentary as well as raised numerous questions and concerns about the ordinance amendment proposal. As such, the Plan Commission made a motion to defer action on the item to allow staff to continue work on the proposed ordinance. The motion carried on a vote. On July 10, the City Council had a second reading of File Ordinance No and opened a public hearing regarding the proposed change. The item was referred back to the Plan Commission for additional review. On July 17, the Plan Commission further reviewed the proposed change and forwarded it to Council with a positive recommendation with the addition of an exemption for tow trucks and wrecker tow trucks that are on the 911 Call List. The Plan Commission motion included an exemption of tow trucks on the 911 Call List. The motion was clarified to refer specifically to on-call, empty tow trucks. On August 14, the City Council referred the item back to the Plan Commission to create an exemption for tow trucks. The change was reintroduced under a new ordinance number (File Ordinance No ) as it represents a substantial change to the original ordinance amendment. On September 18, the Plan Commission set a public hearing for October 3, On October 3, the Plan Commission held a public hearing. The Plan Commission forwarded the amendment to City Council with a unanimous positive recommendation. Staff has met with a representative from a towing company on the City of Janesville No Preference Tow Rotation to discuss parameters for a tow company exemption. The proposed ordinance amendment represents agreed upon restriction with regard to the exemption. Options Approve File Ordinance No , amending Section (Residence Districts) of the Code of General Ordinances to modify existing regulations related to parking of trucks in residential districts. Modify File Ordinance No before adoption. 2

3 Defeat File Ordinance No , thus not amending Section (Residence Districts) of the Code of General Ordinances to modify existing regulations related to parking of trucks in residential districts. Analysis A. The Neighborhood and Community Service Department is responsible for enforcement of large vehicle off-street parking in residential neighborhoods. The Department s inspectors have noted increasingly frequent conflicts between the maximum weight limits as defined by ordinance and vehicles which are consistent with the character of a residential neighborhood. In response to these concerns, a proposed ordinance amendment was prepared to modify the Zoning Ordinance regulations related to the parking of trucks in residential areas of the City. B. The proposed ordinance was prepared to increase the maximum weight threshold from 8,000 pounds to 12,000 pounds GVW to draw a more specific distinction between commercial-sized trucks not permitted in residential areas and personal vehicles (trucks) more widely distributed in the marketplace today. Additionally, the increase of the GVW to 12,000 pounds was included in the proposal because of a licensing threshold that would assist staff in identifying the vehicle weight when conducting enforcement actions. Typical vehicles that are under this weight threshold include pickup trucks, sport utility vehicles (SUVs), and large vans (i.e., not minivans). Vehicles exceeding this weight limit may include medium and heavy-duty trucks, Low Cab Forward trucks, and walk-in vans. C. The proposed ordinance amendment also exempts vehicles with human service, antique, collector, or hobbyist license plates from the weight-limit restriction. These vehicles are generally restricted in their use for commercial purposes. Under State Statute, operation of antique vehicles is limited to special purposes such as parades and display events or for occasional personal use. Collector and hobbyist vehicles are restricted in the amount of materials they are allowed to haul making operation for commercial purposes limited. Given the constraints on use of vehicles with these license plates for commercial purposes, staff believes they are appropriate in residential neighborhoods. D. Additionally, the proposed ordinance amendment explicitly exempts wrecker tow trucks and flatbed tow trucks as requested by the Plan Commission and the City Council. Staff has met with a representative from a local tow company to establish exemption guidelines reasonable to both parties. On call tow trucks, on the Janesville No Preference Tow Rotation, that have no towed vehicles attached or at the property may park in the driveway provided they are not encroaching onto the sidewalk or right-of-way and the address of the driver has been provided to the City. A Home Occupation shall not be conducted at the residential location. Conclusions After review and guidance from the Plan Commission and the City Council, a revised off-street parking ordinance modification is proposed. File Ordinance No is proposed modifying the off-street parking regulations including an exemption for on-call tow truck drivers on the City of Janesville No Preference Tow Rotation. The proposed ordinance would more clearly distinguish the standard established for parking of commercial-sized vehicles not permitted in residential neighborhoods and other vehicles manufactured for passenger use and typically prevalent in residential settings, and would simplify enforcement and minimize conflicts between the current weight limit and larger 3

4 passenger vehicles. In addition, the ordinance will exempt on-call tow trucks on the City of Janesville No Preference Tow Rotation. Restated City Recommendation The City recommends that following the second reading and public hearing, the City Council approve File Ordinance No , amending Section (Residence Districts) of the Code of General Ordinances to modify existing regulations related to parking of trucks in residential districts. cc: Mark Freitag, City Manager Maggie Darr, Acting Assistant to the City Manager Jennifer Petruzzello, Neighborhood and Community Services Director 4

5 REVISED ORDINANCE NO An ordinance amending existing regulations related to parking of trucks in Residence Districts, with penalties for violations thereof, together with injunctive relief and remedies upon default of forfeiture payment as set forth in JGO THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section (A) 8. of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 8. Use of Trucks, Travel Trailers or Mobile Homes. a. Trucks, travel trailers or mobile homes shall not be permitted in any residence district as principal or accessory buildings except as provided for in mobile home courts or travel trailer camp regulations in compliance with this title or for temporary offices for construction sites. The parking or storage of semitrailer cab units, truck trailers, or trucks over eight twelve thousand pounds g.v.w. is prohibited in any residence district except as provided in subsection b. b. The following vehicles are exempt from the maximum weight restriction in this section: i. Human service vehicles as defined in section (23g) of the Wisconsin Statutes as from time to time amended or renumbered ii. Registered vehicles bearing Antique license plates issued by the State of Wisconsin iii. Registered vehicles bearing Collector license plates issued by the State of Wisconsin iv. Registered vehicles bearing Hobbyist license plates issued by the State of Wisconsin v. Medium duty wrecker tow trucks or flat beds that are currently on call through the City of Janesville No Preference Tow Rotation and meet the following requirements: I. Do not have a towed vehicle attached to or at the property II. Parked in the driveway not encroaching onto the sidewalk or public right-of-way III The address of the on-call employee has been previously provided to the City of Janesville IV. A Home Occupation is not being conducted at a residential location. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: APPROVED: Mark A. Freitag, City Manager ATTEST: David T. Godek, City Clerk-Treasurer Motion by: Second by: Councilmember Aye Nay Pass Absent Conley Farrell Gruber Jorgensen Marklein Williams Wolfe APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Neighborhood and Community Services Prepared by: Neighborhood and Community Services