(a) The Board may establish a Residential Permit Parking District encompassing an area within half-mile (2,640 foot) walking distance from the pedestrian entrances of an existing or proposed high school or University Campus or College or proposed rail or metro-rail station if:
(1) The Board receives a petition requesting the establishment of such a District; and
(2) Such petition contains signatures representing at least seventy-five percent (75%) of the eligible residential addresses of the proposed District and more than sixty percent (60%) of the eligible residential addresses on each block of the proposed District or, in the case of public-street or private street attached single-family/town home dwelling units, such petition must contain signatures representing at least sixty percent (60%) of the eligible addresses as defined in Section 490.05;
(b) The Board may establish a District in any residential area of the County upon receipt of a petition representing at least seventy-five percent (75%) of the eligible residential addresses of the proposed District and more than sixty percent (60%) of the eligible residential addresses on each block of the proposed District upon a determination that:
(1) The proposed District contains a minimum of one hundred (100) contiguous or nearly contiguous on-street parking spaces, either marked or unmarked open curb type parking, twenty (20) linear feet in length per space; and
(2) At least seventy-five percent (75%) of the land abutting each block within the proposed District is developed residential; and
(3) At least seventy-five percent (75%) of the total number of on-street parking spaces of the petitioning blocks are occupied by vehicles, with at least fifty percent (50%) of those spaces occupied by nonresidents of the petitioning blocks, as authenticated by a survey taken during the hours of peak demand as determined on a District-by-District basis. Should more than one year (365 days) have passed from the issuance date of such petition to the date of completion of requirements (1) and (2) above, at the Department’s discretion, a new petition may be required.
The Board may waive the requirement for one hundred (100) contiguous or nearly contiguous on-street parking spaces as set forth above if the Board finds that the proposed District meets the purpose and intent of this Chapter.
(c) The Board may amend the provisions of an existing District, including Temporary Residential Permit Parking District, by utilizing the same criteria and procedures as those for the establishment of a new District. In the case of an amendment expanding an existing District, however, the provisions of this Section 490.04 shall apply only to the area to be added to the existing District, and the area to be added to an existing District need not contain a minimum of one hundred (100) contiguous or nearly contiguous on-street parking spaces.
(d) If the criteria listed in terms (a) through (c) are not met within one year (365 days) from the petition requesting the establishment of a new District, then the residents of the proposed District shall wait one calendar year (365 days) before submitting another petition for a District on the requested blocks, unless the Department, at its own discretion, waives such restriction on a case-by-case basis.
(e) A Temporary Residential Parking Permit District may be created by the Board when a residential area abutting a public street is experiencing or expects to experience significant parking problems due to a short-term situation, such as a construction project or event. Short-term situations shall, at a minimum, be estimated of at least six months (180 days) duration. An application for a Temporary Residential Parking Permit District shall be submitted in writing to the Board from all affected homeowner associations that represent the affected residential area or, in cases where there are no homeowner associations representing an area, a written petition signed by at least sixty percent (60%) of the eligible residential addresses on each block of the proposed District. No Temporary Residential Parking Permit District may be created with less than ten (10) affected homeowners.
(Ord. 04-19. Passed 12-21-04; Ord. 18-21. Passed 11-14-18; Ord. 21-08. Passed 7-14-21.)