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A. There exist certain entities within the city, such as hospital and university complexes and other large buildings, which attract commuters seeking parking in nearby areas which are predominantly residential and business in nature. The increased demand often exacerbates the severe shortage of street parking for residents and businesses in such areas.
B. This chapter authorizes a program and implementing procedural system by which residents and businesses within qualifying areas may receive preferential treatment when competing with commuter vehicles for available on street parking in predominantly residential neighborhoods of the city. The enactment of a preferential parking permit program, administered by the transportation engineer and implemented and operated by the parking permit coordinator, can address the adverse effect of motor vehicle congestion caused by the long term parking of commuter vehicles within these areas by:
1. Increasing access to residents and businesses;
2. Increasing traffic/pedestrian safety by reducing traffic congestion;
3. Reducing the adverse environmental impacts on an area created by excessive air and noise pollution and the accumulation of trash and refuse on public streets;
4. Encouraging the use of mass transit, car pooling and other alternative modes of transportation by reducing commuter vehicle traffic that originates from outside the permit area and has no apparent relation to area residents and businesses;
5. Promoting the tranquillity, safety, health and welfare of area inhabitants, which are desirable attributes that are associated with a positive urban environment. (Ord. 69-98 § 1, 1998: Ord. 77-97 § 6, 1997: Ord. 24-97 § 1, 1997)
A. As used in this chapter:
ADDRESS: The street number and applicable apartment/condominium number for each dwelling unit, business, or other use. Each apartment or commercial unit is regarded as a unique address.
AREA: Refers, irrespective of zoning, to a geographical region, not necessarily contiguous, where residents dwell and businesses may operate.
AREA BUSINESS: Any professional establishment or nonresident property owner whose business property is located within a city parking permit area.
AREA PERMITTEE: An area resident or an area business which has received from the transportation division an authorized area regular permit or an authorized seasonal city permit.
AREA REGULAR PERMIT OR REGULAR PERMIT DECAL: The permanent adhesive decal issued by the parking permit coordinator for assignment to vehicles under the legal control of area residents and businesses.
AREA RESIDENT: Any person who dwells or resides within a parking permit area.
AREA SEASONAL PERMIT: A permanent adhesive decal issued by the parking permit coordinator for assignment to vehicles under the legal control of area residents and businesses of a seasonal city permit area.
AREA VEHICLE: A vehicle that originates from inside a permit area and is under the control of area residents or area business owners and includes automobiles, trucks, motorcycles, or other motor driven forms of transportation. It does not include boats and trailers.
CITY PERMIT AREA OR PARKING PERMIT AREA: Any officially designated permit parking area within the corporate limits of Salt Lake City wherein motor vehicles displaying a valid permit as described herein shall be exempt from parking regulations or restrictions solely applicable to commuter vehicles.
CITY PERMIT PROGRAM: Salt Lake City's permit parking program, as a whole, administered by the transportation engineer and operated by the parking permit coordinator pursuant to the provisions and regulations of this chapter.
COMMUTER VEHICLE: A motor vehicle parked in a city permit parking area that: 1) is not under the control of an area resident, business owner or property owner, and 2) does not bear a permit for the designated area.
DECLARATION: The final action taken by the transportation engineer setting the conditions for either approval or denial of the proposed city permit area.
DIRECTOR OR TRANSPORTATION DIRECTOR OR TRANSPORTATION ENGINEER: The director of the transportation division of the city.
DWELLING: A building, or portion thereof, which is designated for residential purposes. Such dwelling must bear an address assigned by the city engineer. The number of independent dwelling units recognized therein shall not exceed the number authorized under permit for zoning.
EMERGENCY PARKING SITUATION: A parking situation that, in the reasonable opinion of the director, causes a threat to the tranquility, safety, health or welfare of inhabitants of a city neighborhood that will be addressed by implementing temporary permit parking procedures. An emergency situation may include, but is not limited to, the use of a facility within or adjoining a neighborhood that in the reasonable opinion of the director: 1) is likely to result in the neighborhood qualifying as a city parking permit area or a seasonal city parking permit area, whether such use is governmental or otherwise, 2) which use appears to the director to be inimical to one or more of the objectives of the city permit parking program as set forth in subsection 12.64.010B of this chapter or its successor, and 3) where such use can be identified, forecast and is repetitive.
GUEST PERMIT: The portable card stock placard issued by the parking permit coordinator to area residents and area businesses for use on vehicles under the legal control of guests, customers and/or clients during periods when persons operating said vehicles are actually visiting or engaged in business at the permittee's address not to exceed two (2) days per visit.
LEASE: That a person pays rent or other remuneration for use of a parcel of real property as such person's residence or place of business.
OWNS: That a person has at least one-fourth (1/4) of the fee or equitable interest in a parcel of real property within a city permit parking area.
PERMIT PARKING COORDINATOR: The person designated by the transportation engineer to operate and manage the permit parking program, including the implementation and operation of permit parking areas, on a routine, daily basis.
PERMIT VEHICLE: Any vehicle properly displaying area regular, area seasonal, guest, or temporary visitor permit, issued by the parking permit coordinator for authorized use on such vehicles.
PERMIT YEAR: The twelve (12) month period set for the administration of a city permit area, including the expiration and renewal of permit area regular and guest permits.
PROGRAM: Means and shall refer to the process of designation, administration and enforcement of all city parking permit areas and regulations established by the transportation engineer pursuant to the provisions of this chapter.
REGULAR PERMIT DECALS: The permanent adhesive decal issued by the parking permit coordinator for assignment to vehicles under the legal control of area residents and area businesses.
RESIDENT: A person who resides in the city parking permit area on a regular basis.
SEASONAL CITY PERMIT AREA OR SEASONAL CITY PARKING PERMIT AREA: An area which meets the criteria for a city permit area as set forth in section 12.64.040 of this chapter except that the twenty five percent (25%) or higher occupancy by commuter vehicles is the result of special events occurring continually over a period of less than nine (9) months and more than two (2) months each year.
TEMPORARY CITY PARKING PERMIT AREA: A city parking permit area established on a temporary basis pursuant to section 12.64.175 of this chapter or its successor.
TEMPORARY VISITOR PERMIT: The temporary disposable paper permit issued for a predetermined length of time, not to exceed forty five (45) days, to area residents and area businesses for use on vehicles under the legal control of service persons, operators of construction vehicles or equipment, and long term visitors at the area permittee's address.
B. The masculine form, as used in this chapter, if applicable as shown by the context thereof, shall also apply to a female person. (Ord. 86-05 § 1, 2005: Ord. 69-98 § 1, 1998: Ord. 77-97 § 6, 1997: Ord. 24-97 § 1, 1997)
The transportation engineer may, upon recommendation of the parking permit coordinator, and pursuant to the provisions hereunder, consider for designation as a city permit parking area any area which satisfies the threshold criteria established below. Where he deems it necessary and appropriate to accomplish the legislative intent and objectives, the transportation engineer may then designate by declaration any qualified area as an approved city permit parking area in which motor vehicles displaying a valid area parking permit may stand or be parked without limitations imposed on commuter vehicles by the parking regulations in the area. Such declaration shall also state the applicable parking regulations and the proposed fees for permit issuance that the transportation engineer anticipates submitting to the city council for consideration. (Ord. 46-16, 2016)
A. General Criteria: An area shall be deemed eligible for consideration as a city permit parking area if the transportation engineer determines, after evaluation of the surveys and traffic studies prepared at the direction of the parking permit coordinator, that the qualified area is adversely affected by commuter vehicles for any extended period(s) during the day or night, on weekends or holidays.
B. Specific Factors: In determining alleged adverse effects upon an area, the transportation engineer shall analyze and evaluate factors which include, but are not limited to, the following:
1. The extent of the desire and perception of need by the residents for permit parking as evidenced by receipt of verified petitions and ballots as required herein;
2. The extent to which legal on street parking spaces are occupied by motor vehicles during any given time period; and
3. The extent to which vehicles parking in the area during the period proposed for parking regulations are commuter vehicles rather than resident vehicles.
C. Threshold Technical Criteria: The transportation engineer may, upon recommendation of the parking permit coordinator, and pursuant to the provisions hereunder, consider for designation as a city permit parking area, an area whose streets (or portions thereof) qualify by satisfying the following eligibility criteria:
1. Seventy percent (70%) or more of the parking capacity is generally occupied;
2. Such occupancy continues for any consecutive four (4) hour period and such occupancy rate occurs at least four (4) days per week during at least a nine (9) month period per year. If the recommendation is for designation of a seasonal city permit area, the occupancy occurs over a period of more than two (2) months and fewer than nine (9) months;
3. Twenty five percent (25%) of the vehicles occupying the on street spaces are other than area vehicles;
4. The requesting area consists of curb space fronting a minimum of eight (8) standard block faces geographically located within the proposed permit area; provided that, if fewer than eight (8) standard block faces are impacted, then the transportation engineer shall have discretion to waive the requirement of this Subsection (C)(4) if the proposed permit area is impacted by one of the following: (a) hospital or medical buildings; (b) university or college buildings; or (c) fixed guideway public transit stations; and;
5. The parking permit coordinator agrees that implementing the proposed permit area will not, to a significant extent, transfer the commuter vehicle parking problem to a different adjacent area should the area under consideration be designated permit parking. (Ord. 51-23, 2023: Ord. 69-98 § 1, 1998: Ord. 77-97 § 6, 1997: Ord. 24-97 § 1, 1997)
A. Persons desiring to have their area designated permit parking shall consult with the parking permit coordinator or his designee to tentatively establish the boundaries of the area proposed for designation.
B. Upon receipt of a petition containing the signatures of a minimum of twenty five percent (25%) of residents and/or businesses within the area boundary proposed for permit parking designation, the parking permit coordinator shall cause a parking study, or other surveys as may be deemed necessary, to be undertaken as soon as is practicable consistent with scheduling constraints, in order to determine if the proposed area satisfies the eligibility requirements as set forth in section 12.64.040 of this chapter, or its successor. Should the studies reflect that other nearby area streets are similarly congested with curb parking, the parking permit coordinator may require such streets (or portions thereof) to be added to the proposed permit parking area.
C. Upon certification by the parking permit coordinator that the general and technical threshold criteria set forth in section 12.64.040 of this chapter appear satisfied for a proposed area, the petitioners shall be notified that they shall have fifteen (15) days from such notice to: 1) submit a listing of all addresses within the certified area from the most current Polk or Coles city directories and 2) submit a listing from the Salt Lake County assessor's office of each separate tax parcel/property owner of record thereon within the certified area. In the interim, a ballot shall be prepared by the parking permit coordinator for the purpose of determining whether or not he should favorably recommend to the transportation engineer that the proposed area be created. The ballot form shall indicate two (2) choices, a "yes" (in favor of) choice or a "no" (not in favor of) choice for area permit parking designation. In addition a section allowing for "comments" shall be on the ballot.
Upon receipt of the area address and tax parcel listings, the parking permit coordinator shall, consistent with scheduling constraints, mail the ballot to all addresses and property owners of record within the area proposed for designation. The mass mail shall contain the following:
1. The proposal to create a city permit area and the listing of streets (or portions thereof) included within the proposed boundary.
2. An information sheet generically describing the city's permit parking program, and including options related to on street parking restrictions within a permit area, issuance of vehicle permits, and area program fees. The recommendation shall be available for public inspection at the division of transportation office.
3. The official ballot form as prescribed above.
D. For the purpose of counting residents and businesses within the proposed permit parking area, each authorized address shall be given one count. For the purpose of counting owners, each separated tax parcel shall receive an additional count, regardless of whether its owner(s) is a resident or a business. For the purpose of counting petition signatures/ballot votes, only one signature/vote per authorized address shall be counted toward the minimum petition/ballot requirements. Owners may sign/vote for any vacant parcel addresses, but may not sign/vote for occupied addresses. In the case of condominium or other hybrid ownership projects, one count shall be given the owner and one count for a nonowner occupying the unit and one count and vote shall be given to the ownership association for the condominium complex; vacant units shall be treated as vacant rentals above.
E. A thirty (30) day time period, commencing on the date of the mass mailing, shall be allowed for the purpose of voting. After indicating their preference on the ballot, residents and businesses shall return their ballot, on or prior to, the cutoff date (printed on the ballot) to the parking permit coordinator. To determine consensus as to whether or not area residents and area businesses are in favor of proceeding on to the next phase in the area designation process related to establishing the proposed permit parking area, the following criteria shall apply: fifty one percent (51%) or more of eligible residents and businesses, whose ballot has been received by the parking permit coordinator during the period allotted for voting, must indicate by ballot vote that they are not in favor of establishing the permit parking area by checking the "no" (not in favor of) choice listed on the ballot. For areas qualifying as a seasonal parking area, no ballot shall be required. Only a public hearing with residents indicating their favor with the change shall be required.
1. Immediately following the thirty (30) day deadline date specified for balloting, all ballots received by the imposed deadline shall be counted. The "yes" (in favor of) votes and the "no" (not in favor of) votes shall then be tallied separately and a percentage derived for each category by applying the stated formula to count petition signatures/ballot votes prescribed for in this section.
2. Should the official ballots received by the parking permit coordinator by the deadline date specified to receive such ballots, when tallied, fall below the required fifty one percent (51%) or more of residents and businesses indicating they are not in favor of establishing permit parking, it shall be assumed that a majority of residents and businesses in the area are in favor of permit parking. The parking permit coordinator shall then favorably recommend to the transportation engineer the establishment/creation of the proposed city permit parking area.
3. Should the official ballots received by the parking permit coordinator within the deadline date specified to receive such ballots, when tallied, meet the required fifty one percent (51%) or more of residents and businesses indicating they are not in favor of establishing permit parking, the area designation process will cease and the parking permit coordinator will take no further action related to establishing permit parking for the area. No new applications for permit parking for the area will be accepted for a period of one year from the date on which the said balloting period expired.
F. Upon receipt of the parking permit coordinator's favorable recommendation to establish a permit parking program for the area, the transportation engineer, as soon as practicable consistent with scheduling constraints, shall fix a time, date and location for a public hearing to consider the parking permit coordinator's recommendation to designate the proposed area of city permit parking area where curb parking is restricted or allowed by permit only. Said hearing shall also be conducted for comment and analysis to determine the boundaries as well as the appropriate area rules and regulations, parking restrictions, issuance of permits, fees and other pertinent matters.
G. At least ten (10) days prior to the hearing date, written notice of the public hearing(s) provided for herein shall be: 1) published in a newspaper of general circulation, 2) posted not more than four hundred feet (400') apart along the streets proposed in the permit area, and 3) mailed to the listed residents, owners and those institutions known to the parking permit coordinator to generate a significant volume of commuter parking in the neighborhood. The notice shall clearly state the purpose of the hearing, the location of the hearing, the proposed boundaries of the permit area, the proposed permit fee schedules and formulas for issuance, and the location where the parking permit coordinator's recommendation is on file and available for public review.
H. Any interested party shall be entitled to appear and be heard on the proposal, subject only to reasonable rules of order that may be established by the transportation engineer. (Ord. 69-98 § 1, 1998: Ord. 77-97 § 6, 1997: Ord. 24-97 § 1, 1997)
A. Within thirty (30) days following the hearing, the transportation engineer shall deny or approve the designation of a city permit parking area as he deems justified under the objectives and procedures above. The transportation engineer shall reduce his decision to writing in the form of a report that shall be filed with the city recorder, accompanied by the parking permit coordinator's recommendation related to the permit parking area and made available to any interested party upon request.
B. The transportation engineer's report shall include:
1. Significant subjects and concerns raised at the public hearing conducted;
2. The findings relative to those designation criteria deemed applicable to the city permit area;
3. Conclusions as to whether the findings, including testimony obtained at the public hearing, justify preferential permit parking for the area under consideration;
4. The transportation engineer's approval (or denial) of the proposed permit parking area;
and, if approved:
5. The proposed boundaries of the city parking permit area;
6. The proposed parking regulations, including administrative provisions for issuing permits; and
7. An implementation schedule indicating when the new permit parking area will become effective.
C. If the transportation engineer approves creation of a city permit parking area, a declaration of designation shall be prepared as an administrative regulation establishing the program for the area, including the boundaries, parking regulations, proposed fees, and other pertinent matters, for its administration and implementation. The declaration shall be mailed to each listed address in the area's designated boundaries. The parking permit coordinator shall promptly implement the program pursuant to the schedule. If the transportation engineer denies the creation of a city permit parking area, a notice of such denial shall be mailed to each listed address in the area's designated boundaries.
D. Information generated through the original designation process and the designation criteria set forth in this chapter shall also be utilized by the transportation engineer in determining whether to remove any particular existing city permit parking area or portion thereof from designated status and participation in the program.
E. Action by the transportation engineer in creating, deleting or modifying the boundaries applicable in city parking permit areas under this chapter, shall be final. However, the city council may agree to review and to modify such decision(s) by a vote of at least four (4) of its members.
F. The transportation engineer's decision shall be stayed by the filing of a written objection requesting city council review, provided the objection is filed within fifteen (15) days of the filing of the report. The objection shall specify grounds upon which council review is justified. If accepted for review, the matter shall be scheduled for public hearing before the city council, with the mailing of ten (10) days' written notice thereof to the appellant, petitioner of record and the transportation engineer. An objection failing to receive the necessary votes for review shall be deemed an affirmation of the transportation engineer's decision.
G. Actions by the transportation engineer as to the implementation and enforcement shall be considered administrative matters. (Ord. 46-16, 2016)
Upon the declaration of the transportation engineer designating a city permit parking area, the parking permit coordinator shall cause appropriate signs, markings and/or meters to be erected in the area, indicating prominently thereon the parking regulations, the effective date, and conditions under which permit parking shall be exempt therefrom. (Ord. 69-98 § 1, 1998: Ord. 77-97 § 6, 1997: Ord. 24-97 § 1, 1997)
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