§ 26-136. Designation of parking permit areas.

(a)

The County Executive is authorized to designate roads, streets, and other areas in the County as Parking Permit Areas in which the parking of vehicles is restricted during specified times, unless a proper parking permit is displayed in or on the vehicle. The parking restrictions shall normally limit nonresident parking to periods of three (3) hours or less between the hours of 7 A.M. and 6 P.M., Monday through Saturday, excluding holidays; however, when deemed necessary the County Executive may prescribe other hours and days when the parking restrictions are operative. Subject to Subsection (b), the County Executive may prohibit all nonresident parking in a Parking Permit Area during the specified times when the restrictions are in effect.

(b)

Except as modified below, the following shall be necessary to the designation of a County Parking Permit Area:

(1)

The area shall be one consisting solely of residential uses and in which commercial and industrial uses do not exist.

(2)

A County traffic engineering survey shall establish that during the time period when parking restrictions may be imposed:

(A)

Nonresidents park their vehicles in the area and proceed by other means to an area of commercial or industrial use, to a school or recreational area, or to public transportation; or in the alternative, park their vehicles in the area and proceed to a multifamily unit or complex; and

(B)

The average number of vehicles parked as described in (2)(A) is in excess of twenty-five percent (25%) of the number of parking spaces available to the public without charge in the area and the total number of such spaces occupied by any vehicles exceeds seventy-five percent (75%) of such spaces; and

(C)

At least twenty-five percent (25%) of the affected residential units have less than two (2) off-street parking spaces.

(3)

A residential area may be considered for parking permit restrictions upon request of the residents affected or upon request of the elected officials of any incorporated municipality.

(4)

Before a parking permit area is established or terminated, the County Executive or his designee shall cause a public hearing to be held. The hearing shall be at a location within or reasonably adjacent to the area concerned and shall be preceded by due public notice published in a County newspaper of record. The notice shall state the time, place, and purpose of the hearing, the exact description of the area being considered, the time proposed for restrictive parking and any parking permit fee proposed. In addition to the published notice, reasonable efforts shall be made to mail a similar notice to each household within the parking permit area.

(5)

In residential areas adjacent to a proposed facility required to construct over 3,000 parking spaces, the County Executive is authorized to determine the requirements of the traffic engineering survey to assure that a parking permit area may be established and implemented prior to the opening of that facility, so long as any overflow parking generated by such facility has a minimal impact on the surrounding residential areas.

(CB-15-1978; CB-51-1978; CB-8-1979; CB-115-1979; CB-37-1981; CB-53-1985; CB-57-1997)