§ 9-12-160. Establishment of designated parking spaces.

(a)

Any owner of a sight-seeing bus or a sight-seeing bus company, or any agent of such owner, may send a written letter of application to the director seeking the establishment of a designated on-street parking space for the use of sight-seeing buses. The application, among other things, shall suggest a specific location for the requested space. An application for the establishment of such a space may also be filed by the director, in which case the director shall, for purposes of this section, be considered the applicant.

(b)

The director shall review each application filed under subsection (a) and, within 45 days of its filing, shall submit it to the board. In the event the director believes that the location suggested by the applicant is suitable for parking sight-seeing buses or that there is a preferable location for such a space, he shall, in a response to the board which shall be submitted with the application, describe the location suggested by the applicant and, whether or not different, the location he determines to be preferable, state the impacts which the parking of buses at each such location will have on traffic, parking, safety and public health and welfare, and propose to the board the location he believes to be suitable for the parking of sight-seeing buses. In the event the director believes that neither the location suggested by the applicant nor any other location in the vicinity of that location is suitable for parking sight-seeing buses, he shall so inform the board in his response.

(c)

Within 30 days of receipt of the application and the director's response, the board shall conduct a public hearing on the application. At least 10 days prior to such hearing, the director shall notify, by written notice, the occupant or, if none, the owner of all property abutting or located within 100 feet of the location suggested by the applicant and, if different, the location proposed by the director in his response of the date, time, place and nature of the public hearing. After conducting the public hearing, the board shall recommend that the director's proposed location, if any, be approved, rejected or modified and, if it rejects the director's proposed location or if the director proposed no location, it may recommend the location suggested by the applicant or another location.

(d)

In the event the board recommends a location which is acceptable to the director, the director shall take all steps necessary to establish a parking space for sight-seeing buses at that location. In the event the board recommends that no parking space be established or recommends a location which is unacceptable to the director, the director shall notify the city manager who shall either direct lie implementation of the board's recommendation or bring the matter to city council.

(e)

If the matter is brought to city council by the manager, it shall be the subject of a public hearing before the council. The city clerk shall provide notice of such hearing by causing an advertisement stating the time, date, place and nature of the hearing, and describing the location of any sight-seeing bus parking space at issue to be prepared and published at least seven days before the hearing in a newspaper of general circulation in the city. Following the public hearing, council shall determine whether to establish a parking space for sight-seeing buses and, if so, the location of such space, and thereafter the director shall proceed to implement the council decision. (Ord. No. 3345, 11/22/88, Sec. 4)