§ 35-339.02. "EP" Facility Parking/Traffic Control Districts.

STATEMENT OF PURPOSE

The purpose of this district is to establish regulations to regulate parking and traffic in and around large facilities that attract large amounts of vehicle traffic.

Specific purposes of these facility parking/traffic control districts are as follows:

•  To regulate parking of vehicles in areas not properly zoned for commercial parking.

•  To reduce aesthetic and traffic problems for persons and businesses in these area.

•  To reduce visual blight, congestion, and wear and tear on city streets.

•  To increase access for emergency vehicles in these areas.

Designation Criteria. To be designated as a facility parking/traffic control district, an area must be within one (1) mile of a facility with a capacity of over sixteen thousand (16,000) persons.

(a)

Zoning Process and Classification.

(1)

This chapter authorizes the establishment of facility parking/traffic control districts; however, separate ordinances are required to designate each district. This chapter also specifies the general purposes of the facility parking/traffic control districts and the scope of the standards within that district.

(2)

The departments of planning and community development, development services, code enforcement services, and police department shall evaluate land use, traffic and other development related issues in determining the necessity of establishing a facility parking/traffic control district. All property owners within the proposed district and adjacent areas shall be afforded the opportunity in accordance with zoning regulations to comment on the ordinance regulations and proposed district(s).

(3)

The facility parking/traffic control districts are established as overlays to the regular base zoning districts.

(4)

The zoning designation for the facility parking/traffic control district shall consist of a base zone symbol and the facility parking/traffic control district symbol "EP" as a suffix. Facility parking/traffic control districts shall be numbered sequentially to distinguish among different districts, i.e., "EP-1," "EP-2," etc.

(b)

District Standards.

(1)

As used in this article, the term "commercial parking lot" shall be defined as any land or structure used for the parking of vehicles in which a parking area is offered to the general public at a set rate, whether it be by the hour, day, month or event.

(2)

It shall be unlawful for any person to own, manage, conduct or operate a commercial parking lot within an approved facility parking/traffic control district without first obtaining a permit therefor. It shall be a rebuttable presumption that the failure to post a permit or furnish a permit upon request to an authorized city employee as specified in subsection 35-339.02(b)(7) is a violation of this article.

(3)

Before obtaining a license required by this article, the applicant shall make a written, signed building permit application therefor to the city's department of planning and development services. The application shall be made on forms provided by the city and shall set forth information concerning the applicant, including, but not limited to:

A.

The full name, present address and telephone number of the applicant.

B.

The full name, present address and telephone number of the property owner, if different from the applicant.

C.

The full address and legal description of the property.

D.

Provide a recorded plat and set of plans showing the proposed or existing improvements in accordance with development requirements defined in sections 35-386 and 35-526 of this chapter.

(4)

The fee for such application required by this article shall be one hundred fifty dollars ($150.00) plus all building plan review and permit fees. No refund shall be made if the application is not approved.

(5)

The department of planning and development services shall verify the accuracy of the statements made in the application and determine that the property is zoned for commercial parking lot use and that the commercial lot is proposed to be built in accordance with sections 35-386 and 35-526 of this chapter.

(6)

All permits issued under this article shall expire one (1) year from the date the permit is effective.

(7)

Any permit issued under this article shall be posted by the licensee in a conspicuous location on the property, or in the alternative, may be held on the person of an agent or employee on the property while business is being conducted. At the request of any city police officer, code compliance inspector or development services inspector, the permit must be furnished for review.

(8)

A permit issued pursuant to this article may be transferred to a different person upon application and payment of a transfer fee of ten dollars ($10.00). Permits may only be transferred to subsequent applicants for the same property.

(9)

No permit shall be issued for any location where the proposed operation would be in violation of this chapter.

(10)

The department of planning and development services may revoke or suspend the permit of any person issued under the provisions of this article if the applicant has knowingly made any false, misleading or fraudulent statement of fact in the application; or upon any grounds that would warrant the denial of issuance of the license in the first place. Notice of the suspension or revocation shall be given to the applicant in writing, with the reasons for the suspension or revocation specified in the notice. The notice shall be served either by personal service upon the applicant, or by posting the notice upon the property.

(11)

When a license is revoked or suspended by the department of planning and development services the applicant may appeal to the board of adjustments within ten (10) days of such revocation, which appeal shall be perfected by delivering to the director of planning and development services a letter stating that an appeal is desired along with a three hundred dollar ($300.00) appeal application fee. In the event of the filing of an appeal, until such appeal has been determined by the board of adjustment, the revocation order shall be stayed. The board of adjustment shall within a reasonable time after receiving the notice of appeal hold a hearing thereon and after the hearing sustain or reverse the decision of the department of planning and development services. If no appeal is taken from the finding made by the department of planning and development services within the prescribed ten-day period, the decision of the department of planning and development services shall be final.

(12)

It is a class "C" misdemeanor for any owner, manager, agent, or employee of a commercial parking lot to violate the provisions of this article, and upon conviction, shall be punished by a fine of not less than one hundred dollars ($100.00) or more than two thousand dollars ($2,000.00). If the violator has a previous conviction under this article, the fine shall be not less than five hundred dollars ($500.00) or more than two thousand dollars ($2,000.00).

(13)

In addition to any criminal penalties, the city attorney's office may immediately seek additional remedies at law or in equity to prevent the operation of a commercial parking lot by a property not having a permit as required under this article.

(14)

Any commercial parking lot which was lawfully established prior to the effective date of the facility parking/traffic control district in which it is located shall be exempt from the requirements of this section, provided that the use has been continuously maintained since the establishment of the district.

(Ord. No. 96038 § 1) (Ord. No. 96272 § 6) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)