(A) Program established. There is hereby established a program to provide persons with disabilities parking spaces in residential areas in the city subject to certain terms and conditions.
(B) Application. All applications for persons with disabilities parking spaces in residential areas shall be submitted by the applicant to the Public Works Office. The application shall be on a form provided by the Public Works Office. The application shall state the name and address of the disabled person, the location of the requested space, license and registration of an operable vehicle to be parked in the requested space, the reason for the request, that the individual has a persons with disabilities parking permit issued by the state, and the persons with disabilities parking permit number. The applicant shall present the state persons with disabilities parking permit and a photocopy of the permit shall be made and kept on file at the Public Works Office. The initial year’s approved permit shall be good for the remainder of the calendar year following approval of the City Council and including the following year through and including November 30.
(C) Decision process.
(1) If approved by the Public Works Department, the Public Works Department shall forward the application to the Police Department for further review of the requested location. If the Police Department recommends approval of the application, it shall be forwarded to the City Clerk for submission to the City Council for approval or denial by Council resolution. If the Public Works Department and the Police Department split their recommendation or recommend denial of the application, the application shall be denied and the reasons for said denial will be communicated in writing to the applicant along with a description of the procedure for appeal. Following written notice of the denial, applicants wishing to contest the denial must file a written request for hearing before the City Administrator within 14 calendar days of receipt of the denial. Failure to timely file said written request for hearing shall constitute a waiver of the right to any appeal. The decision of the City Administrator shall be final.
(2) If the Public Works Department and the Police Department approve the application, or if the City Administrator, following appeal, approves the application, the recommendations of the Public Works Department, the Police Department, and the written recommendation of the City Administrator if applicable, shall be forwarded in writing to the City Clerk for transmission to the City Council for approval or denial by Council Resolution.
(D) Criteria for approval or denial. Permits shall be approved by city staff and the City Council, but subject to the following requirements:
(1) The applicant must have a disability as defined by the Americans with Disabilities Act of 1990 that prevents him or her from walking long distances.
(2) The applicant must produce a Disabled Person License Plate or a permanent Disabled Person Placard ID Card, with adequate identification, as required by Iowa law.
(3) The applicant must prove he or she is a full-time resident of the address in question. The applicant shall provide two forms of proof of residency including:
(a) A rental agreement or homeowner's insurance agreement; and
(b) One other form of proof, i.e. utility bill or driver's license showing the permanent mailing address of the applicant.
(4) The applicant must prove he or she is the owner of the property or, in the alternative, must provide written permission of the owner to establish a disabled person parking stall on the street adjacent to the property.
(5) The applicant must provide a vehicle registration in his/her own name or provide vehicle registration of his/her primary live-in caretaker who resides full-time at the applicant's address. The vehicle registration must match the proposed address adjacent to which the parking stall will be delineated.
(6) The applicant must establish that off-street parking (driveway, garage and/or parking lot) is unavailable, or where available, such parking is not accessible to persons with disabilities, as further described below:
(a) Garage specifications:
1. If the applicant owns a lift-equipped van, the applicant must show he or she either has no garage or the garage width is less than 17 feet (interior width).
2. If the applicant owns a passenger vehicle, the applicant must show he or she either has no garage or the garage width is less than 14 feet (interior width).
(b) Driveway specifications:
1. If the applicant owns a lift-equipped van the applicant must show he or she either has no driveway or the driveway width is less than 17 feet, and/or the slope of the driveway is greater than 5% (1:20).
2. If the applicant owns a passenger vehicle, the applicant must show he or she either has no driveway or the driveway width is less than 14 feet, and/or the slope of the driveway is greater than 5% (1:20).
(7) There must not be more than one other existing disabled person parking stall in the same block within 150 feet of the applicant's address, in any direction.
(8) The surface of accessible parking spaces on streets and access aisles from street parking must not exceed a 5% slope (1:20) in any direction and no other hazardous surface condition exists in the immediate area, such as a speed bump.
(9) The applicant's residence must be adjacent to an ADA compliant corner curb ramp or the applicant's driveway must substantially comply with ADA curb ramp standards. However, if a compliant corner curb ramp does not exist or if the applicant's driveway does not substantially comply with current ADA standards, a disabled person parking stall may be still be delineated if the applicant meets all other eligibility requirements and signs a statement of understanding that the stall does not fully comply with accessibility regulations. The city will not install corner curb ramps, and will not permit or install mid-block curb ramps, for the purposes of delineating a disabled person parking stall.
(10) The proposed disabled person parking stall must not create site line or safety issues under Iowa DOT or other applicable standards.
(11) The requested parking space must not be within 40 feet of an intersection.
(12) The creation of the parking space must not otherwise violate city code.
(E) Reapplication for existing permit holders. Permits shall expire on November 30 of the year following the calendar year in which the permit was initially approved by the City Council, and on November 30 of each year thereafter, unless properly renewed pursuant to this section. Current permit holders shall apply for renewal by September 30 of the year following initial approval by the City Council, and by September 30 of each year thereafter. If a renewal application is not received by September 30, of any year, the permit shall be canceled and the handicapped parking sign at the address of the applicant will be removed during the second week of December. All current permit holders will be notified by mail annually to reapply for their permit and an application form shall accompany the notice. Renewal permits shall be for a period of one year. Late renewal applications may be approved only for good cause shown by special approval of the City Administrator, and the decision of the City Administrator shall be final. Under such circumstances, the City Administrator may, in his or her complete discretion, reinstate the permit. For renewal permits, the same proof must be submitted by the applicant as was required with the initial permit application, unless the applicant certifies the accuracy of existing records on file, in which case the existing records may be accepted.
(F) Cost. For initial permits approved by the City Council, applicants shall pay a $25 permit fee to pay for the installation of the sign. The handicap parking sign shall only be installed after payment of the permit fee. In subsequent renewal years, there will be a fee of $5 required with each application, except that the fee for any late application shall be $25.
(G) Relocation of permit holder. If the permit holder moves to a new residence in the city limits and the handicapped parking space is needed at the new address, the city will relocate the sign to the new address without an additional fee. However, prior to relocation of said sign, the permit holder shall submit a new application for permit reflecting the new address. Approval of the new application, including especially the new address, shall be a prerequisite to relocation of said sign.
(H) Limitations on use of space. The disabled parking space is not a private space and may be used by other vehicles licensed to park in a disabled parking zone on a first-come first-served basis. The vehicle shall display license plates indicating the disabled status of the owner, or other state-issued indicia of disabled status. The space shall not be used for long-term storage of vehicles. The vehicle must be kept in good repair and shall be operational, as outlined in Iowa law and this code. Long-term storage of vehicles is defined as any vehicle parked or left standing on a public street in the same location and not driven or moved more than 14 consecutive calendar days.
(1999 Code, § 69.08) (Ord. 2098, passed 7-27-1999; Ord. 2303, passed 10-12-2005; Ord. 2344, passed 2-13-2007; Ord. 2419, passed 7-27-2010; Ord. 2604, passed 3-12-2019) Penalty, see §
79.99