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HomeMy WebLinkAboutOrdinance No. 4501 - Ordinance - Amending Code 11-10 Residential Permit Parking Zones ORDINANCE NO___________ AN ORDINANCE AMENDING THE TITLES OF AND SECTIONS OF 11-10-2, 11-10-3, AND 11-10-4, AND AMENDING SECTIONS 11-10-5, 11-10-6, AND 11-10-7 OF CHAPTER 11-10 OF TITLE 11 OF THE ROCHESTER CODE OF ORDINANCES RELATING TO RESIDENTIAL PERMIT PARKING ZONES. THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS: Section 1. The Title of and Section of 11-10-2 of Chapter 11-10 of the Rochester Code is hereby amended to read as follows: Sec. 11-10-2. – Criteria for residential permit parking zones restrictions. (a) No residential permit parking zone restrictions shall be established, expanded, or partially terminated unless the following criteria exist: (1) The streets blocks where parking restrictions are proposed in the zone are adversely impacted by the parking of vehicles, during certain hours, by nonresidents of the area, as evidenced by the results of a parking study conducted by the director of public works or designee concluding the following criteria are satisfied on typical weekdays when seasonal parking restrictions are not in effect per Sec. 11-6-49: a. At least 45 percent of vehicles parked on the block are not registered to addresses within the permit parking zone; and b. at least 85 percent of available parking is occupied. (2) The land abutting one or both sides of a street designated as part of the zone is either: a. Zoned exclusively for residential purposes, that is R-Sa, R-1, R-1x, R-2, R-3, or R-4; or b. Currently being used for low- or medium-density residential housing equivalent to that typically found in the aforementioned residential zones; or c. Currently being used as high-density residential housing equivalent to that typically found in the aforementioned residential zones, with a maximum of four stories, on a parcel no larger than one-half acre, with at least one level of underground parking. (3) The land abutting the streets designated as part of the zone contains 30 or more residential dwelling units; and (4)(3) The zone represents proposed restrictions represent full blocks of street frontage, both sides, measured from intersection to intersection. Where a portion of a block does not comply with the zoning or use criteria identified in subsection (2) of this section, said portion shall be excluded from the residential permit parking zone. (b) The effective time of residential permit parking zones restrictions will be 7:00 a.m. to 3:00 p.m., school days only in zones adjacent to high schools. In all other zones, the effective time will be 8:00 a.m. to 4:00 p.m., Monday through Friday. The effective times may be varied from these standard times only with substantial justification. In no case will the effective time be less than six consecutive hours. A residential permit parking zone in existence on June 1, 2004 August 19, 2023, that varies from this subsection will remain valid and in effect so long as the zone has an effective time of six or more consecutive hours. (c) Nothing in this section shall prevent a person from temporarily parking a school bus in a residential permit parking zone while the person is in between school bus route assignments. Section 2. The Title of and Section of 11-10-3 of Chapter 11-10 of the Rochester Code is hereby amended to read as follows: Sec. 11-10-3. Procedure for establishment of zones residential permit parking restrictions. (a) In order to establish or expand the boundaries of a residential permit parking zone, a resident must submit a petition signed by at least 30 owners or occupants of property within the proposed zone. Each residential unit and each nonresidential facility meeting the eligibility criteria within the proposed zone shall count as one vote in determining if the threshold is met. A minimum of three blocks within the proposed zone must have residential permit parking restrictions established as described in paragraph (b) along with the creation of a new zone. At a council public hearing, the director of public works or designee shall provide to the common council recommendations regarding establishment or expansion of the proposed residential permit parking zone based on the compliance with the established criteria. At least 14 days prior to the hearing, mailed notice of said hearing shall be given to the owners or occupants of properties abutting streets located in the proposed residential permit parking zone. (b) In order to establish residential permit parking restrictions on a block within an existing or proposed zone, a resident must submit a petition signed by at least 75 percent of the owners or occupants of properties abutting the block where restrictions are proposed. Each residential unit and each nonresidential facility meeting the eligibility criteria shall count as one vote in determining if the threshold is met. Unoccupied units are excluded from the calculation of the threshold when reasonable efforts to contact the property owner have been unsuccessful. The director of public works or designee shall conduct a parking study to determine whether the criteria are met as established in Sec. 11-10-2. If the criteria are satisfied, the director of public works or designee shall provide to the common council recommendations regarding 2 establishment of the proposed residential permit parking restrictions based on the petition’s compliance with the established criteria. In order to establish or expand a residential permit parking zone, a person must file with the city clerk a petition signed by at least 75 percent of the owners or occupants of property abutting the street described in the proposed zone. Each residential unit and each nonresidential facility meeting the eligibility criteria within the proposed zone shall count as one vote in determining if the 75 percent threshold is met. Unoccupied units are excluded from the calculation of the 75 percent threshold when reasonable efforts to contact the property owner have been unsuccessful. The city clerk shall refer the petition to the city engineer. At a council public hearing, the The city engineer shall provide to the common council recommendations regarding establishment or expansion of the proposed residential permit parking zone based on the petition's compliance with the established criteria. At least 14 days prior to the public hearing, mailed notice of said hearing shall be given to the owners or occupants of property abutting a street proposed to be located in the proposed residential permit parking zone. Following the hearing, the The common council may adopt a resolution establishing or expanding the residential parking zone if it determines the petition satisfies the criteria provided in section 11-10-2. Section 3. The Title of and Section of 11-10-4 of Chapter 11-10 of the Rochester Code is hereby amended to read as follows Sec. 11-10-4. Permit application procedure Residential parking permits. (a) Annual Residential Parking Permits 1. A resident of a dwelling unit which abuts a street with residential permit parking restrictions on at least one side of the street, or where parking is restricted on both sides of the street within a residential permit parking zone, may obtain an annual permit. 2. Non-owners or non-occupants of an existing permit parking zone may obtain an annual permit to park a vehicle in the designated zone during a time that parking is restricted if one of the following criteria are met: a. any employee of a nonresidential facility permitted to locate and operate within the residential parking permit zone, or b. home health aide or similar worker. 3. A non-owner or non-occupant of an existing permit parking zone qualifying for an annual permit under 11-10-4(a)(2) and working across multiple zones may obtain an annual permit entitling the employee to park a vehicle in multiple zones during a time that parking is restricted. Permit holders providing home health aide and similar services who work in more than one zone shall provide the addresses of all properties located within the different residential permit parking zones. Permit holders are responsible for keeping active addresses of employment updated. 3 4. If a street contained within a residential permit parking zone has a no parking zone (at all times) on one or both sides, a resident or employee of property abutting said no parking zone may obtain an annual permit to park in the residential permit parking zone if they would otherwise qualify for said permit. 5. All applicants shall provide information relating to the vehicle, including the license plate number, for which the permit shall apply, and evidence that they reside in a dwelling unit or are employed at a nonresidential facility that abuts a street located in the residential parking permit zone. (a) A resident of a dwelling unit which abuts a street contained within a residential parking permit zone, any employee of a nonresidential facility permitted to locate and operate within the residential parking permit zone, and home health aides or similar workers who may work across multiple zones may obtain from the city clerk an annual permit entitling the resident or employee to park a vehicle therein during a time that parking is restricted. If a street contained within a residential permit parking zone has a no parking zone (at all times) on one or both sides, a resident or employee of property abutting said no parking zone may obtain an annual permit to park in the residential permit parking zone if they would otherwise qualify for said permit. An applicant shall provide information relating to the vehicle, including the license plate number, for which the permit shall apply, and evidence that he reside in a dwelling unit or is employed at a nonresidential facility that abuts a street located in the residential parking permit zone. (b) By resolution, the common council may establish an application fee for the initial application, and an annual permit fee for each vehicle permit issued to an applicant or a member of the applicant's household. (c)(b) Temporary permits. 1. The city clerk City may issue a temporary permit allowing the permittee visiting requester to park a vehicle in a residential permit parking zone. This permit is valid for a period of time not exceeding 30 days, at a rate established annually in the fee schedule. (c) Residents of permit parking zone 2 (St. Mary’s West) are limited to a maximum of four active permits per dwelling unit. (d) Right of Appeal - Administrative Hearing. 1. The failure to abide by the conditions of any parking permit shall be the basis by which the City may revoke a permit. 2. To appeal the revocation of a permit, the permit holder must submit a request for appeal in writing within ten business days of receiving the notice of revocation. If the request for appeal is not filed within ten business days, the right of appeal is waived. 3. The written request for an appeal must include both of the following: 4 a. The requester’s preference for: i. Review by a Committee comprised of the city clerk or designee, director of public works or designee, and the city attorney or designee; or ii. Review by an administrative hearing officer as outlined in RCO 1-2- 6. Administrative hearing; and b. The permit information including the resident’s full name, residential address, and the license plate number of the associated vehicle. 4. Any person or business aggrieved by the appeal decision may then appeal directly to the common council. An appeal to the common council shall be taken within ten business days from the receipt of the initial appeal decision by filing with the city clerk a request for a hearing and final appeal in front of the common council. The matter shall be placed on the common council's scheduled meeting agenda for a public hearing. 5. The common council may affirm, modify, or reverse the appeal decision. If the request for a hearing and final appeal is not filed within ten business days, the right to appeal is waived. (e) Notice of Request for Appeal All requests for appeal shall be delivered either by personal service, or mail to the address for service of notices as shown on the application form. Service by mail shall be deemed complete on the date of mailing. Failure of the applicant, licensee, or owner to receive such notice shall not invalidate the action taken pursuant to such notice. (f) Notice of hearing. Notice of any hearing involving the registrant, permit holder, or the applicant shall be given by the City in writing, setting forth specifically the purpose, time, and place of the hearing. Such notice shall be sent to the registrant, permittee, business, or applicant at least five business days prior to the date set for hearing or shall be personally served at least three business days prior to the date set for hearing. (2) The failure to abide by the conditions of any temporary permit shall be the basis by which the city clerk may seek from the common council the revocation of the permit. In any permit revocation proceeding, the permittee shall be afforded an opportunity for hearing after reasonable notice. The notice shall state the time, place, and issues involved. An opportunity shall be afforded all parties to present evidence and argument with respect to the issues involved. The council's decision shall be in writing, shall be based on the record, and shall include the council's findings of fact and conclusions of law in response to the issues involved. (3) Any decision of the city clerk may be appealed to the common council. 5 Section 4. Section 11-10-5 of Chapter 11-10 of the Rochester Code is hereby amended to read as follows: Sec. 11-10-5. Automatic license plate readers. Physical permits will not be issued. Rather, permittees permit holders shall provide the license plate number for the particular vehicle to be parked in the residential permit parking zone. Permittees Permit holders providing home health aide and similar services who work in more than one zone shall provide the addresses of all properties located within the different residential permit parking zones. Law enforcement shall use automatic license plate readers to determine which vehicles are not permitted in the zone. Section 5. Section 11-10-6 of Chapter 11-10 of the Rochester Code is hereby amended to read as follows: Sec. 11-10-6. Unauthorized parking prohibited. (a) No person, including a resident along the abutting street, shall park a vehicle in a residential permit parking zone during a time in which parking is restricted unless the person has obtained a permit and provided the license plate number for that vehicle as part of the application process. (b) The prohibition contained in subsection (a) of this section shall not be deemed to apply to a vehicle whose operator is engaged in repair work, construction work, lawn care, in-home cleaning services, or in-home medical services at property adjacent to a street within the residential permit parking zone, a delivery vehicle, a vehicle collecting solid waste, a school bus, or a vehicle which is stopped temporarily for the purpose of picking up a passenger. For this exemption to apply, a repair, construction, lawn care, medical services, or delivery vehicle shall be clearly marked as such. (c) A permit issued pursuant to section 11-10-4 does not excuse the permittee permit holder from compliance with all other parking restrictions, including no parking zones and seasonal parking restrictions, within the residential permit parking zone. Section 6. Section 11-10-7 of Chapter 11-10 of the Rochester Code is hereby amended to read as follows: Sec. 11-10-7. Termination of zones. The common council may partially or wholly terminate a residential permit parking zone, or restrictions within the zone, on its own initiative or in response to a petition from at least 75 percent of the owners or occupants of property abutting the streets contained within the proposed zone termination. If the termination is initiated by petition, the procedure provided in section 11-10-3 must be followed the director of public works or designee shall provide to the common council recommendations regarding termination of 6 the residential permit parking restrictions based on the petition’s compliance with the established criteria. Section 7. This ordinance shall become effective from and after its publication. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2023. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2023. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord20/11-10.ResPermitPrkngZone.docx 7