§ 35-958. Procedure for designation of residential permit parking area.

The unified government traffic engineer may designate a residential district as a residential permit parking area in accordance with the following procedure:

(1)

Petition.

a.

In order to be considered for a residential permit parking program, a petition must be presented to the unified government traffic engineer containing the signatures and addresses of adult residents of at least 60 percent of the households in the residential area. Only one adult resident per address may sign the petition. An adult who either owns or rents property in the area described in the petition may sign the petition.

b.

The petition format must be approved in advance of circulation by the unified government traffic engineer. The boundaries of and the streets within the proposed permit parking area must be clearly identified on each page of the petition. A cover letter explaining the reason for the request and containing the boundaries of streets within the proposed permit parking area should accompany the petition.

c.

Petitions will only be considered for areas that contain at least ten adjacent block faces or 100 curb parking spaces. Petitions from smaller areas will be considered if the area is completely surrounded by commercial, industrial, or institutional uses.

(2)

Survey. Upon receipt of a valid petition, the unified government traffic engineer will conduct a block-by-block survey of the proposed residential permit parking area between the hours of 7:00 a.m. and 6:00 p.m. on those streets which have unrestricted parking. No residential district or portion of it may be designated as a residential permit parking area unless the survey reveals the following on streets with unrestricted parking:

a.

At least 75 percent of the total number of curbside parking spaces in the proposed residential permit parking area were actually occupied by vehicles during peak periods; and

b.

At least 25 percent of the total number of curbside parking spaces were occupied by vehicles whose operators do not reside within the proposed residential permit parking area.

Vehicles with out of county license plates will be presumed to be operated by persons who do not reside within the proposed residential permit parking area.

(3)

Hearing. Upon the conclusion of the survey, if and only if the survey reveals that both criteria set out in subsection (2) of this section are met, the traffic engineer shall hold a public hearing on the advisability of designating the proposed area as a residential permit parking area. The unified government traffic engineer shall set the time and location of the hearing and shall cause notice of the hearing to be published in a newspaper of general circulation in the unified government at least 20 days before the date set for the hearing. The notice shall state the purpose, time, and location of the public hearing, the boundaries of the proposed residential permit parking area and the permit fees to be charged. In addition to the published notice, a notice shall be mailed to every residence in the proposed residential permit parking area. At the public hearing, any interested person may appear and speak. Any interested person may submit a written statement for the record. The traffic engineer may impose a reasonable limitation upon the length of time any person may speak at the hearing.

(4)

Designation of residential permit parking area. Within ten days after the hearing, the unified government traffic engineer shall decide whether to designate the residential district or a part of it as a residential permit parking area. In making his decision, the traffic engineer shall take into account the following:

a.

The comments received at the public hearing;

b.

The effect on the safety of the residents of the proposed or existing residential permit parking area from intensive vehicle parking by nonresidents;

c.

The difficulty or inability of residents of the proposed or existing residential permit parking area to obtain adequate curbside parking adjacent to or near their residences because of widespread use of available curbside parking spaces by nonresident motorists;

d.

The existence of current parking restrictions on certain streets within the proposed residential permit parking area;

e.

If parking is currently restricted on certain streets within the proposed residential permit parking area, the difficulty or inability of residents on such streets to obtain adequate curbside parking adjacent to their residences before parking was restricted;

f.

The likelihood of alleviating, by use of the residential permit parking system, any problem of nonavailability of residential parking spaces;

g.

The desire of the residents in the proposed or existing residential permit parking area for a residential permit parking system and the willingness of those residents to pay a permit fee; and

h.

The need for some parking spaces to be available in the proposed or existing residential permit parking area for use by the general public.

(Code 1988, § 35-833; Ord. No. 66052, § 3, 9-28-1995)