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(A) No parking zones. Except for mechanical failure, an emergency or as provided for in divisions (B) and (C) below, it shall be unlawful for any person to park a motorized vehicle in the following areas at any time, except that the restrictions applicable to MSG Bob Horrigan Trail and Home Depot Boulevard are limited to the times indicated below. Such areas shall constitute no parking zones during such times:
Ernest Robles Way
Both sides, from its intersection with Brodie Lane to its intersection with Highway 290 West
Home Depot Boulevard
Beginning a distance of 800 feet from the Brodie as measured from a point in line with the west side curb line on Brodie to the end of Home Depot Boulevard on both sides of the street during the hours from 10:00 p.m. to 6:00 a.m. Monday through Sunday
The entire length of Jones Road within the city limits including any unpaved portion
Lone Oak Trail
From its intersection with Jones Road, on the west side of Lone Oak Trail, to a point 50 feet south of Jones Road; and from its intersection with Jones Road, on the east side of Lone Oak Trail, to a point 50 feet south of Jones Road
From its intersection with Jones Road, on the west side of Pillow Road, to a point 50 feet south of Jones Road
From its intersection with Jones Road, on the east side of Pillow Road, to a point 50 feet south of Jones Road; and no parking to a point 525 feet south of Jones Road unless the vehicle displays a valid residential parking permit issued pursuant to division (H) of this Schedule I
No parking on both sides at any time, from its intersection with Jones Road to a point 50 feet south of Jones Road; and no parking on both sides of the street, Monday through Friday, between the hours of 7:00 a.m. and 8:15 a.m., and between the hours of 1:30 p.m. and 3:30 p.m., from a point 50 feet south of Jones Road to a point 330 feet south of Jones Road, unless the vehicle displays a valid residential parking permit issued pursuant to division (H) of this Schedule I
MSG Bob Horrigan Trail
At any location on both side of the street north of its intersection with Jones Road during the hours from 1:00 a.m. to 7:00 a.m. each day, Monday through Sunday, and at all times from its intersection with Jones Road, on both sides of the street, to a point 50 feet north of Jones Road
(1) The entire length on the outer side furthest from the center of the Villas Subdivision;
(2) From a point 80 feet from the intersection of the entrance to Alley 1 to a point 165 feet from the entrance to Alley 1 on the inner side closest to the center of the Villas Subdivision;
(3) From a point 200 feet from the intersection of the exit from Alley 1 to a point 180 feet from the exit from Alley 2 on the inner side of Sunflower Trail;
(4) From a point 80 feet from the intersection of the entrance to Alley 2 to a point 180 feet from the exit of Alley 2 on the inner side of Sunflower Trail;
(5) From a point 165 feet from the intersection of the entrance to Alley 2 to a point 80 feet from the entrance of Alley 2 on the inner side of Sunflower Trail; and
(6) Both sides of the straight section which connects the Villas at Sunset Valley Homestead to Ernest Robles Way.
(1) Bus zones. It shall be lawful for employees and agents of local public and private elementary and pre-schools to temporarily park a school bus in marked bus zones as provided in division (E)(2) for the purpose of picking up or discharging students attending such local schools.
(2) The prohibition on parking on Sunflower Trail shall not constitute a prohibition of:
(a) A temporary stop to load or unload merchandise or passengers, so long as the motor vehicle is not left unattended; or
(b) A stop necessary to avoid a conflict with other traffic or to comply with the directions of a police officer or official traffic control device.
(1) General. The City Council may grant a variance from a prohibition on parking upon a determination that the owner or lessee of property abutting a part of a street where parking is prohibited meets the criteria and complies with the procedures established in subdivision.
(2) Drop-off zones. The variance may be granted for the purposes of establishing five minute drop-off zones to allow persons to drop off students, customers, employees or visitors of property that abuts a street where parking is prohibited.
(D) Application for variances.
(1) Application requirements. An application for a variance shall be made in writing on a form prescribed by the Council and shall be accompanied by:
(a) A letter of justification describing the terms of the variance and explaining how it satisfies the findings herein; and
(b) Any other relevant information requested by the City Council in order to properly review the application. The information may include, but is not limited to, a traffic impact study, a safety study and a review of alternative means other than allowing parking along the street in front of the property for which the variance is requested.
(2) Report of administrative completeness.
(a) The City Administrator or such other designee established by the City Council shall review each application for administrative completeness. After receipt of a complete application, the City Administrator or such other designee shall provide written notice to the applicant of:
1. A schedule of review, report and hearing date(s) to consider action; and
2. Additional requests for other relevant information may be requested at any time during the review process in order to properly review the application.
(b) An organized packet of information containing a copy of the application, all application submittals and all correspondence to and from the applicant to be delivered to the members of the City Council.
(3) On-site inspection. Upon request of a member of the City Council, a property owner with 500 feet of the subject property shall be visited by a city representative at the site of the proposed variance and its surrounding area and said representative shall report his or her findings to the City Council.
(4) Findings. Findings of the Council, together with the specific facts upon which the findings are based, shall be incorporated into the official minutes of the Council meeting at which the action is taken. The burden of establishing the conditions is on the applicant. No variance shall be granted unless the Council finds that all of the following criteria are met:
(a) Special circumstances or conditions affecting the property abutting the no parking zone exist such that a strict prohibition of parking on the street abutting the property will cause undue hardship;
(b) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;
(c) There is no reasonable alternative to the variance that will alleviate the difficulty or hardship complained of;
(d) The variance will be no greater than the minimum required to alleviate the difficulty or hardship complained of;
(e) The variance will not be detrimental to the public health, safety or welfare; and
(f) The variance prescribes only conditions deemed necessary to or desirable in the public interest.
(5) Action by Council. The City Council shall not grant a variance unless it finds, based on competent evidence, that each of the conditions in division (D)(4) have been established. The Council may, by majority vote:
(a) Approve the variance request;
(b) Approve the variance request with conditions, limitations and safeguards; or
(c) Deny a variance request.
(6) Conditions and limitations imposed by Council. The Council may impose such conditions, limitations and safeguards as it deems appropriate upon the granting of any variance. Violation of any condition, limitation or safeguard shall constitute a violation of the prohibition on parking applicable to the affected street. The Council may require a reasonable guarantee and evidence that the applicant will satisfy any conditions imposed in connection with approval of a variance. A variance is not transferable.
(E) Signs and markings.
(1) No parking. The city shall erect signs in compliance with applicable law indicating the no parking zones established in division (A).
(2) Bus zones. The city shall erect signs marking the areas in which school buses may park as permitted by division (B).
(3) Drop-off zones. If a variance is granted under this schedule, the city shall erect signs and/or paint curbs indicating the drop-off zone where temporary parking for no longer than five minutes is permitted for the purpose of dropping off students, customers, employees or visitors to the property for which the variance is granted.
(1) Offense. Any person who violates any provision of this Chapter 72 shall be deemed guilty of a misdemeanor.
(2) Fines. The maximum amount of a fine for a violation of this chapter shall be the amount of $500.
(3) Registered owner; presumption. In a prosecution for an offense under this chapter, it is presumed that the registered owner of the unlawfully parked motor vehicle is the person who parked the motor vehicle at the time and place the offense occurred.
(G) Signage; presumption. The Director of Public Works of the city shall cause the installation of signs, in compliance with applicable regulations for traffic signage, to the extent the signage is not already installed. The signs shall be installed in a manner as to give notice to operators of motor vehicles of the prohibition on parking established by this chapter. The areas indicated by signs existing at the time of amendment of this chapter or installed under the direction of the Director of Public Works in conformance with the amendment of this chapter shall conclusively be presumed to delineate the areas where parking is prohibited.
(H) Residential parking permits. The Chief of Police may issue three residential parking permits to the residents of each house located on that part of a street for which parking is limited to those displaying a valid residential parking permit at any time(s), as provided in this Schedule I. Requests for residential parking permits shall be submitted to the Chief of Police or his or her designee. The address of a person requesting residential parking permits shall be verified by a current utility bill, auto registration or other documentation reasonably demonstrating residency at an address within a restricted residential parking zone. A residential parking permit shall not guarantee or reserve to the holder any particular parking space within a restricted residential parking area.
(Ord. 950905A, passed 9-5-1995; Ord. 951107C, passed 11-7-1995; Ord. 990216, passed 2-16-1999; Ord. 020820, passed 8-20-2002; Ord. 090421-A, passed 4-21-2009; Ord. 110301-A, passed 3-1-2011; Ord. 160405-B, passed 4-5-2016; Ord. 170516-B, passed 5-16-2017; Ord. 180619, passed 6-19-2018; Ord. 180717, passed 7-17-2018; Am. Ord. 190716, passed 7-16-2019)