9.80.070 Designation Process

9.80.070 Designation Process.

(1) Each permit parking area shall be established by ordinance consistent with the provisions of this Chapter.

(2) A proposal to designate a permit parking area, or amend an area, may be initiated by a Municipal Council member, the Mayor, or any Provo City resident who resides in the area specified in the application.

(3) Any person initiating such a proposal shall submit a Provo City Code amendment request, which shall include an application on the approved form identifying the intended boundaries for the proposed permit parking program, or amendment, and shall include at least the following:

(a) A statement of the reason(s) and justification(s) for the implementation, or amendment, of a permit parking program;

(b) A statement setting forth the manner in which the proposed permit parking program would further promote the objectives set forth in this Chapter;

(4) If the process is initiated by a Provo City resident, other than elected officials of the City, they shall also submit the following before the application shall be considered complete:

(a) A petition on a form approved by the City Parking Coordinator that includes at least the following information:

(i) A map clearly identifying the property addresses within the proposed permit parking area;

(ii) A separate list containing the name, address, and signature of each resident within the proposed permit parking area boundaries who is in support of the proposal;

(iii) A statement at the top of the first page summarizing the proposal;

(iv) The desired parking time restrictions and restriction exemptions, if any;

(v) Any other aspect the applicant wishes to propose; and

(b) The filing fee as shown on the Consolidated Fee Schedule adopted by the Municipal Council, or a fee waiver as set forth in Section 2.29.060, Provo City Code.

(5) Following receipt of a complete application for a proposed permit parking program, the Municipal Council shall hold a public meeting, which may be a work session, to consider the level of public interest in the proposed program and may thereafter vote to direct that a study of the proposed permit parking area be undertaken and managed by the City Parking Coordinator. The application filing fee shall be refunded if the Council does not direct that a study be undertaken.

(6) Within one hundred twenty (120) days after directing that a study of the proposed permit parking area be undertaken, the City Parking Coordinator shall review the application and deliver a written report to the Mayor and Municipal Council which:

(a) Verifies and quantifies petition signatures, if applicable;

(b) Provides analysis from relevant City staff and other entities as appropriate, such as the Transportation and Mobility Advisory Committee, Planning Commission, etc., on the proposed permit parking area in light of designation criteria set forth in Section 9.80.060, Provo City Code; and

(i) Permit parking area boundaries,

(ii) Parking time restrictions on public streets,

(iii) Time restriction exemptions, if any,

(iv) Permit cost (based on the total cost to administer program, and including a detail sheet showing number of residences and cost per vehicle in the proposed permit parking area),

(v) Planned enforcement method, and

(vi) Timeline for implementing the program.

(7) Within ninety (90) days after receiving such report, the Municipal Council shall hold a public hearing to consider a resolution of intent to create a permit parking area. The Municipal Council may adopt, reject, or adopt with modifications the terms and conditions of the proposed permit parking area. If the Municipal Council adopts a resolution of intent which sets forth the details of the program to be considered, the Parking Coordinator shall mail a copy of the resolution to:

(a) Each address of record within the proposed permit parking area through a mailing sent to “postal patron”; and

(b) Each property owner of record within the area as shown in Utah County land records.

(8) Within ninety (90) days after adopting a resolution of intent, the Municipal Council shall conduct a public hearing on the proposal. The City Recorder, in cooperation with Council staff, shall cause notice of such hearing or hearings to be published twice in a newspaper of general circulation in the City. The first publication shall be not less than ten (10) days prior to the date of such hearing. The notice of the public hearing shall be conspicuously posted in the proposed permit parking area. The notice shall clearly state:

(a) The purpose of the hearing;

(b) The location and boundaries proposed as a permit parking area;

(d) The permit fee to be charged.

(9) Following the public hearing, the Municipal Council may enact an ordinance which establishes the permit fee, the boundaries of a permit parking area and any time or other restrictions imposed on the area. In order to establish a permit parking area, the Council shall find that the designation will contribute to the health, safety, and general welfare of persons residing in the area designated. In making such finding, the Council shall consider resident support for permit parking, existing parking conditions, expected effectiveness of a permit parking area in improving parking conditions, fee considerations, and the location and size of the permit parking area.

(10) A permit parking program shall balance affected interests, as determined by the Municipal Council, including public safety, neighborhood concerns, and the welfare of the general public. A particular permit parking program shall specify the permit area and the duration of parking restrictions applicable within the permit parking area. Such restrictions may be different than those in a request to establish a permit parking area.

(11) Following adoption of an ordinance establishing a permit parking area, a summary of the ordinance and its effective date shall be mailed by the City Parking Coordinator to:

(a) Each address of record within the proposed permit parking area through a mailing sent to “postal patron”; and

(b) Each property owner of record within the areas as shown in Utah County land records.