Proposed Parking Ordinances Raises Some Concerns

By Gordon Hopkins Members of the City of Fairbury’s Planning and Zoning Commission have raised concerns over a new parking ordinance currently under consideration. That ordinance would require an “improved surface driveway” or “improved surface parking pad” for parking a motor vehicle in residential areas of Fairbury. What the Ordinance Says The ordinance states, in part, “No motor vehicle shall be parked or stored in the front yard of any lot zoned residential except on an improved surface driveway.” Similar provisions are made for side and back yards, requiring an “improved surface parking pad.” The ordinance also states, “The parking, storing, or keeping of any motor vehicle in violation of this section is hereby declared to be a nuisance.” An exception is made for trailers and cabin trailers, “where said trailer or cabin trailer is solely transported to or from the side yard by an improved surface driveway.”The ordinance defines an “improved surface” as a hard surface area maintained with materials, including, but not limited to, concrete, pavement, asphalt, brick, or gravel, sufficient to prevent mud, dust, or loose debris. In addition, the ordinance prohibits storing more than one non-operating vehicle at a time, except inside of a garage or other enclosed building. The exception to the rule is if the vehicle is undergoing repairs. The conditions state that the period of said repair work does not exceed 21 consecutive days in duration; said repair work is at all times conducted on an “improved surface;” and no more than one motor vehicle in need of repair is situated on the premises at the same time. What the Mayor Says FJN reached out to Fairbury Mayor Spencer Brown and asked the reasoning behind the ordinance. The mayor responded, “There are a couple key reasons. 1. To preserve curbs and sidewalks that are being damaged by driving over them. 2. To limit mud, dirt and debris from being tracked out into public areas. Both reasons have an adverse effect on infrastructure and property values.” When asked about those residents who cannot afford to build a pad, the mayor suggested, “I would encourage research into a matching program similar to our sidewalk matching program.” Enforcement of the new ordinance would be the responsibility of the city’s Code Enforcement Officer. When asked about how the new rules would be enforced, the mayor said, “Code enforcement will be working with the property owners as we do with any code related issues, before issuing a fine.”What the Planning and Zoning Commission Says the matter was discussed at a meeting of the Planning and Zoning Commission on Monday, December 11, 2023. “So, I drove down every street in town,” said board member Devin Lovgren. “I counted 174 (hypothetical) violations in town, and that was just what I saw from the road. And so, I struggle, I struggle with it.”, “I think we all do,” said chairperson Bob Brackle, who expressed concern about the cost to residents. “You got someone that’s on low income and can’t. I mean, what are you going to do?” “I just worry a lot about people on fixed income,” said Lovgren. Board member Cathy Kleine expressed concern that the ordinance would disproportionally impact older, lower-income residents.“We have a lot of old houses in Fairbury. And along with old homes, we have older landscaping,” said Kleine. “How many people can afford all this?” Board member Thayne Tatro added, “Most of those homes weren’t built with garages.” Tatro suggested that, rather than construct an “improved surface,” many people will opt instead to park on the street, “I don’t know the numbers but 174 cars now parked in the street?” “Safety reasons there,” said Lovgren. “I mean, your talking about ambulances, fire trucks. All that stuff’s got to navigate all that.”Kleine added, “And they have to be moved every 24 hours. And what happens when there is snow removal, and they’re on one of those streets that they can’t be parked there?” Tatro said, “I’ve had a problem with this from day one as well. Again, is it good to try and make the community look nicer? Absolutely. But do we want to run people out of the community or prevent them from coming into the community because of an ordinance like this? I say no.” As the meeting was being closed, a member of the public asked the board, “At what point do y’all become an HOA (Home Owners Association)? That’s the problem. This isn’t an HOA. Cat Lovgren said, “These people didn’t sign up to live in a cul-de-sac or a closed community where they have all of these rules and all of these mandates and all these restrictions. I understand beautifying the town. I’m all about that but this is not an HOA.” No action was taken at the meeting. The board opted not to vote on the proposed ordinance at that time. Lovgren said, “I would like to postpone until the mayor can be here to answer questions.” The mayor was not able to attend as he was attending another meeting in Endicott. The ordinance has gone through multiple reviews at prior meetings and was previously sent to city attorneys for revisions. Once the Planning and Zoning Commission votes to recommend the new ordinance, the next step is to send it to the City Council for approval. The next Planning and Zoning will be held Monday, January 8, 2024, at the Fairbury City Offices.

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