The question speaks specifically to an ordinance being enacted that all individuals must park on a hard surface at their place of residence. I applied for a permit to add additional concrete parking. The permit was denied due to violation of an ordinance that prohibits hard surface being put over a certain percentage of easement. The option I was left with is to pour concrete over an existing water line that would be my responsibility if repairs were needed in the future. In addition, that would put a water meter directly in the middle my newly poured driveway.
You have a couple arguments here. One is that you may be grandfathered in based on the old rules, but this is tougher to make when the issue is an activity like parking as opposed to a a rule on the fixed aspect of a building. You may be able to petition for a variance based on the hardship that this new ordinance is imposing on you -- arguing that it's impossible to comply with both the parking rule, the permeable surface rule, and the responsible management of a water line. Get an attorney to present your case.
I hope that this answer helps you in a general sense, but it does not constitute legal advice, nor tax advice of any kind, and does not create an attorney-client relationship between you and myself or my firm.
I agree with Attorney Barry that your best options are grandfathering or seeking a variance. You are already parking on a non-hard surface. Perhaps the city can be persuaded that this activity is grandfathered. If not, the only option other than paving your waterline is to seek a variance. This might be easier than you think, especially if you offer to use a permeable (pervious) concrete system for the mandated hard surface. See the link below for more information on pervious concrete.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline