Title
Consider approval of Ordinance No. 3860 amending the Code of Ordinances by adding Article X, “Paving on Private Property,” to Chapter 22, “Buildings and Building Regulations, amending Chapter 56 “Property Maintenance” by Retitling and amending Section 56-73 “Parking Surface Requirements and Maintenance” and retitling and amending Section 56-74 as “Paring on Unimproved Surfaces” and repealing Code of Ordinances Section 82-92 “Parking on Unimproved Surfaces”; and take appropriate action.
Body
BACKGROUND:
Under the Property Maintenance Code, the current enforcement mandates concrete construction for driveways/paving, which the Code Enforcement Division oversees. In contrast, the Comprehensive Zoning Ordinance No. 3661 Article 94-4.3.J offers flexibility by permitting various paving material options. A revision is proposed to harmonize conflicting requirements and address discrepancies between these regulations. Under Property Maintenance Code, Section 56-3 of Ordinance No. 3696, the strictest code must prevail, resulting in the Building Department's exclusive enforcement of concrete paving. This ordinance will repeal the Code of Ordinances Section 82-92, “Parking on Unimproved Parking Surfaces”, which was found to have duplicate and restrictive regulations for private property that should not enforced through this section for public property.
DISCUSSION:
At the April 2, 2024, Study Session, staff presented the proposed Ordinance to the City Council for feedback. This agenda item seeks approval of Ordinance No. 3860.
The proposed change is to Ordinance No. 3696, Section 56-73 and 56-74 of the Property Maintenance Code, moving some requirements for the construction of paving to the Building Regulations Code. The Comprehensive Zoning Ordinance No. 3661 Article 94-4.3.J allows alternative materials for paving within the City. Aligning the Building Regulations Code Section 22 with the Comprehensive Zoning Ordinance No. 3661 Article 94-4.3.J will ensure consistency in materials and construction standards for paving installations. This update will provide more alternatives in paving materials for customers, some more cost-effective and some sustainable for the environment. This ordinance will repeal the Code of Ordinances Section 82-92, “Parking on Unimproved Parking Surfaces,” which was found to have duplicate and restrictive regulations for private property that are not enforced through this section for public property.
DISTRICT:
City Wide
POSSIBLE COUNCIL ACTION:
1. I move to approve Ordinance No. 3860 as presented.
2. I move to approve Ordinance No. 3860, with modifications.
3. I move to table the issue for further study or take no action.
ATTACHMENT(S):
1. Ordinance No. 3860
2. Redlines for Sections 56-73
3. Redlines for Sections 56-74
4. Ordinance No. 3661