§ 82-5B-3. Criteria for the establishment or modification of community parking districts by petition or large area application  


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  • 1. Establishment or modification by petition:

    (a) All requests for the creation, expansion, modification, or abolition of a Community Parking District shall be made in the form of a petition to the Board of Supervisors. All petitions shall be submitted to the Director on forms provided by the County Department of Transportation. All such petitions shall meet the following criteria:

    (1) Any such petition shall contain the legible, printed name of each petitioning resident, their address, and signature;

    (2) Any such petition shall identify petitioners who represent at least 60 percent of the addresses in the petition area and represent more than 50 percent of the eligible addresses on each block of the proposed District; and

    (3) Any such petition shall include an area in which 75 percent of each block within the proposed District is zoned, planned, or developed as a residential area; and

    (4) The proposed District must contain the lesser of (i) a minimum of five block faces or (ii) any number of blocks that front on a minimum of 2,000 linear feet of street as measured by the centerline of each street within the proposed District.

    (5) In cases where a block face in a proposed Community Parking District does not have residences with addresses on the block face, each property parcel will be treated as a single address represented by the property owner or representative. Such property parcels shall not be included if they have addresses on another public street.

    (6) Multifamily rental within the petition area: In the case of addresses within the petition area that are designated as multifamily rental, the addresses will be considered one address represented by the owner or management company.

    (b) An application fee shall accompany each request for the establishment, modification, or abolition of a Community Parking District. The application fee for any petition submitted in accordance with this Section shall be $10.00 for each petitioning property address within the proposed District. Application fees shall be returned if the area fails to qualify for the establishment, expansion, modification, or abolition of a Community Parking District.

    (c) The Board reserves the authority to approve, amend, or deny any petition for the creation, modification, or abolition of any Community Parking District, and the Board reserves the authority to waive the requirements set forth in the Section concerning the application fee and/or the size of a proposed District.

    2. Establishment of a large area by application:

    (a) All requests for the creation of a Community Parking District for a large area shall meet the following criteria:

    (1) An initial submission identifying the requested perimeter shall be directed to the appropriate district supervisor.

    (2) Upon written request and verification of community support by the district supervisor, the Department of Transportation shall review the proposed district boundaries and process the request.

    (3) The proposed District must contain all of a magisterial district, excluding certain areas that meet minimum size requirements.

    (4) Areas to be excluded from the large area CPD must meet at least one of the following minimum size criteria: at least 3,500 addresses, at least 35 miles of secondary roads, or at least five-square miles in area.

    (5) Multifamily units will be treated as separate addresses for the purposes of meeting the minimum size requirement for excluded areas.

    (6) The proposed District shall exclude areas not zoned as residential.

    (7) The posting of signs designating a large area CPD and setting forth the prohibitions and restrictions therein shall not be required unless provided for by the Board at the time the large area CPD is approved.

    (b) The Board reserves the authority to approve, amend, or deny any request for the creation or modification of a Community Parking District, and the Board reserves the authority to waive the requirements set forth in the Section concerning the size of a proposed District. (39-03-82; 1-04-82; 38-04-82; 6-06-82; 18-08-82; 35-08-82; 15-10-82.)