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Cleveland, OH Code of Ordinances
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
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§ 461.05 Designation Criteria
   (a)   A residential area shall be deemed eligible for consideration as a residential permit parking area if based on surveys and studies prepared at the direction of the Director of the Department of Public Safety, or his or her designee, objective criteria establish that the residential area is overcrowded with commuter vehicles for any extended period during the day or night, or weekends, or during holidays. Such objective criteria shall include a minimum numerical standard for assessing overcrowded parking throughout the City.
   (b)   In determining whether a residential area identified as eligible for residential permit parking may be designated as a residential permit parking area, the Director of the Department of Public Safety and the Council shall take into account factors which include, but are not limited to the following:
      (1)   The extent to which legal on-street parking spaces are occupied by motor vehicles during the period proposed for parking restriction;
      (2)   The extent to which vehicles parking in the area during the period proposed for parking restrictions are commuter vehicles rather than resident vehicles;
      (3)   The extent to which residents of the residential area cannot obtain adequate curbside parking adjacent to or near their residences because of widespread use of available curbside parking spaces by non-resident motorists;
      (4)   The extent to which motor vehicles registered to persons resident in the residential area cannot be accommodated by the number of available off-street parking spaces;
      (5)   The extent of noise, pollution, hazardous conditions and deterioration of the residential environment as a result of traffic congestion and insufficient parking in the area;
      (6)   The extent to which the designation of a residential permit parking area would be likely to reduce traffic congestion and the other problems referred to in subsection (b)(5);
      (7)   The extent of need for parking in the residential area for use by the general public; and
      (8)   The possibility of defraying the administrative costs in connection with the designation of a residential permit parking area.
(Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)
§ 461.06 Designation Process
   (a)   Upon receipt of verified petition by residents of at least two hundred fifty (250) dwelling units in the residential area proposed for designation or residents living in eighty percent (80%) of the living units in the area proposed for designation, the Director of the Department of Public Safety or his or her designee shall undertake or cause to be undertaken such surveys or studies as are deemed necessary to determine whether a residential area is eligible for residential permit parking. Such surveys or studies shall be completed within ninety (90) days of receipt of a petition calling for such surveys or studies to be undertaken, unless otherwise provided by the Council.
   (b)   Within thirty (30) days of the completion of surveys and studies to determine whether designation criteria are met, the Director of the Department of Public Safety or his or her designee shall notice as herein provided a public hearing or hearings in or as close to the neighborhood as possible on the subject of the eligibility of the residential area under consideration for residential permit parking. Said hearing or hearings shall be conducted for the purpose of ascertaining boundaries for the proposed residential permit parking area, as well as the appropriate time limitation on parking and the period of the day for its application.
   Notice of the public hearing or hearings provided for herein shall be published in the City Record and one (1) or more newspapers of general circulation in the City at least ten (10) days before the hearing date and circularized generally in the neighborhood. The notice shall clearly state the purposes of the hearing, the location and boundaries tentatively considered for the proposed residential permit parking area and, if applicable, the permit fee to be charged therefor. During such hearing or hearings, any interested person shall be entitled to appear and be heard, subject to appropriate rules of order adopted by the Director of the Department of Public Safety or his or her designee.
(Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)
§ 461.07 Recommendation of the Director of the Department of Public Safety
   (a)   Within sixty (60) days of the completion of the hearing or hearings conducted with regard to a particular residential area, the Director of the Department of Public Safety shall recommend by written report to the Council, based on the record of such hearing or hearings and the surveys and studies performed, whether to designate the residential area under consideration as a residential permit parking area.
   (b)   In the report of the Director of the Department of Public Safety, he or she shall set forth the evidence generated as a result of surveys and studies performed, significant subjects and concerns raised at the public hearing or hearings conducted, the findings relative to those designation criteria listed in Section 461.05 deemed applicable to the residential area and conclusions as to whether the findings justify preferential residential parking for that particular area, a proposed time limitation and period of the day for its application.
   (c)   The designation process and designation criteria set forth in this chapter shall also be utilized by the Director of the Department of Public Safety and the Council in determining whether to remove designation as a residential permit parking area from a particular residential area.
(Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)
§ 461.08 Issuance of Permits
   (a)   Parking permits shall be issued by the Commissioner of Assessments and Licenses. Each such permit shall be designated by the Commissioner of Assessments and Licenses to state or reflect thereon the particular residential permit parking area, as well as the license number of the motor vehicle for which it is issued. No more than one (1) parking permit shall be issued to each motor vehicle for which application is made. The Director of the Department of Public Safety is authorized to issue such rules and regulations, not inconsistent with this chapter, governing the manner in which persons shall qualify for parking permits.
   (b)   Unless otherwise specified in the resolution designating a residential permit parking area, parking permits may be issued for motor vehicles only upon application of the following persons:
      (1)   A legal resident of the residential permit parking area who has a motor vehicle registered in his or her name, or has a motor vehicle for his or her exclusive use and under his or her control;
      (2)   A person who owns or leases commercial property and actively engages in business activity within a residential permit parking area. However, no more than one (1) parking permit may be issued for each business establishment for a motor vehicle registered to or under the control of such a person.
   (c)   Proof of residency or ownership shall be demonstrated in a manner determined by the Director of the Department of Public Safety.
   (d)   Proof of motor vehicle ownership or vehicle use and control shall be demonstrated in a manner determined by the Director of the Department of Public Safety.
(Ord. No. 1368-05. Passed 12-5-05, eff. 12-12-05)
§ 461.09 Visitor Permits
   The Commissioner of Assessments and Licenses is authorized upon application to issue parking permits to residents of a residential permit parking area for use of bona fide transient visitors therein. Such a visitor permit shall have all the rights and privileges of a regular permit. A visitor permit shall be valid for no more than fourteen (14) days from the date of issuance. No resident of a residential permit parking area shall be issued more than two (2) visitor permits at any one (1) time.
(Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)
§ 461.10 Posting of Residential Permit Parking Area
   Upon the adoption by the Council of a resolution designating a residential permit parking area, the Director of the Department of Public Safety shall cause appropriate signs to be erected in the area, indicating prominently thereon the time limitation, period of the day for its application, and conditions under which permit parking shall be exempt therefrom.
(Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)
§ 461.11 Display of Permits
   Permits shall be displayed in a manner determined by the Chief of Police.
(Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)
§ 461.12 Permit Parking Exemption
   A resident motor vehicle on which is displayed a valid parking permit as provided for herein shall be permitted to stand or be parking in the residential permit parking area for which the permit has been issued without being limited by time restrictions established pursuant to this chapter. Said resident motor vehicle shall not be exempt from parking restrictions or prohibitions established pursuant to authority other than this chapter. All other motor vehicles parked within a residential permit parking area shall be subject to the time restrictions adopted as provided in this chapter, as well as the penalties provided for herein.
   A residential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated residential permit parking area.
(Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)
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