(a) No indented parking is allowed in the city except as approved in accordance with this section.
(b) The director may approve an application for indented parking if:
(1) the speed limit for the portion of the public roadway required for maneuvering into or out of the proposed indented parking space or spaces is 35 miles per hour or less;
(2) the director determines that the proposed indented parking would not constitute a traffic hazard; and
(3) the application is not required to be denied on the basis of property owner objections under Subsection (e).
(c) An application for indented parking must be submitted to the director, along with a nonrefundable application fee of $50, and include:
(1) a schematic drawing that:
(A) shows the proposed parking lay- out, the roadway pavement, adjacent uses, nearby right-of-way, curbs, sidewalks, utility poles, street lighting poles, and other above-ground objects;
(B) shows that all geometric, operational, and safety issues have been addressed and mitigated;
(C) is prepared by a professional engineer who is registered in Texas and certified as a professional traffic operations engineer by the Institute of Transportation Engineers; and
(D) complies with all available standards and best practices for angle parking or parallel parking; and
(2) any other information the director deems necessary.
(d) If, after reviewing the application, the director determines that the proposed indented parking meets the requirements of Subsections (b)(1) and (b)(2), but is located within 200 feet of a single family district, then the director shall send written notice of the indented parking proposal to all property owners located within 200 feet of the proposed indented parking. The notice must be given by depositing the notice properly addressed and postage paid in the United States mail to the property owners as evidenced by the last approved city tax roll.
(e) After receiving a notice under Subsection (d), a property owner has 14 days from the date the notice is mailed to file an objection to the indented parking proposal with the director. If any property owner notified under Subsection (d) timely files an objection with the director, then the director shall deny the application for indented parking.
(f) If the only basis for director’s denial is that an objection was timely filed under Subsection (e), then the applicant may appeal the denial to the city plan commission. A written request for an appeal must be signed by the applicant or its legal representative and filed with the director within 15 days after the date the director’s decision is issued. The appeal request must be accompanied by an appeal filing fee of $800.
(g) The city plan commission shall hold a public hearing to allow interested parties to express their views regarding the appeal. The director shall give notice of the public hearing in a newspaper of general circulation in the city at least 10 days before the hearing. In addition, the director shall send written notice of the hearing to all property owners located within 200 feet of the proposed indented parking. The notice must be given not less than 10 days before the date set for the hearing by depositing the notice properly addressed and postage paid in the United States mail to the property owners as evidenced by the last approved city tax roll.
(h) At the public hearing, the city plan commission shall determine whether the requested parking would detrimentally affect neighboring property. The city plan commission may reverse or affirm, in whole or in part, or modify the decision of the director based upon testimony presented at the public hearing, technical information provided by city staff, and the standards contained in this section. The decision of the commission is final.
(i) For purposes of this section, measurements must be made in a straight line, without regard to intervening structures or objects, from the nearest point of any proposed indented parking space to the nearest point of the boundary of a single-family district or other property required to receive notice under Subsection (d) or (g).
(j) Nothing in this section limits the authority of the city traffic engineer to approve parking under Chapter 28 of this code. (Ord. Nos. 8590; 11283; 27227)