Off-Street Parking Lots., Chapter 10. Traffic and Vehicles, Municipal Code, Code of Ordinances, West Allis

(1)

Regulation: Construction Requirements.

(a)

Definitions. Off-street parking lots are hereby defined as follows:

Vacant lots or lands upon which motor vehicles in any number, with or without fee, are habitually parked or stored.

Residential lots or lands upon which a principal residential building is located and upon which motor vehicles in excess of three (3) are habitually parked or stored.

Commercial, business or industrial lots or lands upon which a principal building (nonresidential) is located and upon which more than three (3) motor vehicles are habitually parked or stored.

Included in the definition of off-street parking lots are used car lots and parking or storage lots maintained in conjunction with an industrial or commercial building or business. This enumeration is not exclusive. Not included are parking lots maintained in conjunction with a church, school or playground where use is occasional rather than daily, and safety and other problems are minimized.

(b)

License Required: Fees. No person, firm or corporation shall construct, operate or maintain an off-street parking lot without first having secured a license from the Director of the Department of Building Inspections and Zoning. Premises licensed under Section 9.125 of this Code for used automobile dealers purposes shall conform to all provisions of this section, but shall be exempt from payment of any fee under this section. The license year shall extend from May 1 to April 30. Licenses shall be issued only upon compliance with minimum construction and maintenance standards, as set forth herein.

(c)

Application. A license shall be granted only upon written application filed with the Director of the Department of Building Inspections and Zoning, giving the licensee's name, address, the location of the off-street parking lot, the zoning and the dimensions of the lot. A plan or sketch shall be submitted with the application showing entrances and exits, type of surfacing to be installed and the location and dimensions of any buildings or structures thereon. The Building Inspector may require such additional information as in his judgment may be necessary in the public interest. Prior approval of the Board of Public Works shall be required for all driveway installations.

(d)

Minimum Construction and Maintenance Standards. Off-street parking lots shall be designed, constructed and maintained with macadam, concrete, sealcoat or similar suitable surface to eliminate dust, dirt and mud. Entrances and exits shall be clearly visible and marked where, in the judgment of the Building Inspector, safety requires it. The Building Inspector may impose such additional construction and maintenance requirements as are necessary to eliminate dust, mud and dirt and to safeguard the public safety. Lots and adjoining sidewalks and driveways shall be kept reasonably clean. No vehicles shall be permitted to project into the public sidewalk, alley or street, not shall any vehicles be allowed to encroach upon abutting premises owned by others. Wheel chocks, guard rails or bumper posts, so designed and permanently constructed as to prevent the intentional or accidental movement of any automobile from the premises onto or across the public highway or public sidewalk or onto premises owned by others, shall be provided on each off-street parking lot, as herein defined.

(e)

Issuance of Permit. Upon an application properly executed and minimum construction and maintenance standards being duly met, the Director of the Department of Building Inspections and Zoning shall issue an off-street parking lot license.

(f)

Exceptions.

Parking Emergencies. The Chief of Police may declare off-street parking emergencies during such times as State Fair week and similar events, during which the provisions of this subsection shall not apply.

Churches, Schools, Playgrounds. Off-street parking lots maintained in conjunction with a church, school or playground, where the use is occasional, and dust, dirt, mud and safety and other problems are minimized, shall be exempt from the provisions of this subsection.

Municipal Parking Lots. Off-street parking lots owned or operated by the City shall conform to minimum construction and maintenance standards, but shall not be required to be licensed.

(2)

Vocational School Parking Lot. No motor vehicle shall be parked in the parking lot immediately adjacent to the West Allis Vocational School, 1216 S. 71 St., and commonly known as the Vocational School parking lot, unless permission has been obtained from the Director of the Vocational School and the vehicle has been marked with an identifying tag or insignia issued for that purpose.

(3)

Municipal Market Site.

No operator of any vehicle shall park a vehicle on the Municipal Market Site for a period of time longer than one (1) hour from May 1 to December 1 on market days only, between the hours of 1 p.m. and 9 p.m.

Parking at any other time on the Municipal Market Site shall be prohibited, except at such times and under such terms and regulations as the Market Commission may establish.

(4)

Library Parking Lots.

(a)

The following regulations are established for parking on lots operated in connection with municipal branch libraries:

Parking of vehicles shall be restricted to library patrons and employees.

Vehicles may be parked only between the hours of 8:00 a.m. and 10:00 p.m. Parking during any other hours is prohibited.

(5)

Extensions.

(a)

Application. The owner or owners of lots or lands ordered improved by the Director of the Department of Building Inspections and Zoning to conform with the surfacing and/or drainage requirements of this section may apply to the Safety & Development Committee for an extension of time in which to comply with any such order. All such orders shall contain a statement regarding an owner's rights under the provisions of this subsection. Applications for an extension shall be filed with City Clerk within thirty (30) days of the date of the service of the order for improvement.

(b)

Hearings. The Safety & Development Committee shall fix a reasonable time for a hearing of an application. Notice of hearing shall be mailed to the applicant and to the owners of the land immediately adjacent to the land included in the application extending one hundred fifty (150) feet therefrom and the owners of the land directly opposite thereto extending one hundred fifty (150) feet from the street frontage of such opposite land. In addition, notice shall be published in the official City newspaper as a Class 1 notice, pursuant to Chapter 985 of the Wisconsin Statutes. The Safety & Development Committee shall have the power to adjourn the hearing at the request of the applicant for good and sufficient reason. At the hearing, the applicant and any parties in interest may appear and may offer testimony which is relevant to the hearing. The proceedings at such hearing, including the findings and decision of the Committee, shall be summarized, reduced to writing and entered as a matter of public record in the office of the City Clerk.

(c)

Grant of Extension. Within a reasonable time after hearing, the Safety & Development Committee shall grant an extension for a period not to exceed three (3) years from the date of the order for improvement, if it finds that any such extension will not have a substantial adverse effect upon the health, safety or property interests of individual persons or the public generally. In making its findings, the Safety & Development Committee shall consider, among other things, hazards or injury to persons or property which may result in the absence of proper drainage and/or proper surfacing. In granting any such extension, the Committee may stipulate such conditions as may be necessary for the protection of any such health, safety or property interests. Only one extension shall be granted for any off-street parking lot. A copy of the decision of the Committee shall be mailed to or served on the applicant and other persons appearing of record at the hearing.

(d)

Application Fee. A fee of twenty five dollars ($25.) shall accompany an application to defray a portion of the publication and administrative costs in processing the application. The fee shall not be refunded in whole or in part under any circumstances.

(e)

Penalties. The proper filing of an application for extension within the time provided herein shall toll all penalties provided for any violations of the order for improvements until a final decision has been issued on the merits of such application.

(f)

Exceptions. This subsection shall not apply to off-street parking lot improvements required in connection with the erection, enlargement or expansion of any building or structure.