Q: Does a secluded, inactive parking lot attached to an inactive restaurant still classify as a parking lot?
I currently have two 40’ shipping containers that I am using for storage. These containers are currently sitting on some inactive parking spaces that are part of a shut down restaurant. I have received a citation (GGMC9.16.040.140(F)) making claim that they are sitting on parking spaces. These parking spaces have been inactive for several years now and are in a fenced in area. There are no plans for both the restaurant and its adjoining parking spaces to ever be open for business again. Is this right for the city to treat these parking spaces as if they are currently in use?
A: I believe a secluded, inactive parking lot attached to an inactive restaurant is a parking lot.
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- California
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A:
Under California law, a parking lot can still be classified as such even if it is attached to an inactive business. The key issue often revolves around zoning and municipal code enforcement, which may not change simply because the business is no longer operational. Cities often maintain zoning regulations to control the use of land and ensure safety and compliance with local ordinances.
In your case, the city likely considers the parking spaces to be designated for that purpose regardless of the restaurant's activity status. This means that the spaces are still subject to the same regulations and cannot be repurposed for storage without proper permits or a change in zoning designation. The citation you received indicates that the city views your use of the parking spaces for storage as a violation of these regulations.
To address this situation, you may need to contact the local zoning or planning department to discuss your options. You might be able to apply for a variance or a special permit to use the space for storage legally. It's important to understand the specific requirements and processes in your municipality to resolve this issue effectively.
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