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)