§ 11.24.014. Grandfather permit for employee parking.

(a)

Notwithstanding Section 11.24.010, any business which meets the following grandfathering criteria may apply for an annual permit to allow employees of the business to park a vehicle on the city right-of-way adjacent to the business during the particular employee's actual working hours:

(1)

(A)

At the time of application for the permit the business is conducting the same type of commercial activity at the same location as on or before August 27, 1979; and

(B)

The operation of the business activity has been continuous and uninterrupted since August 27, 1979; and

(C)

The use as set forth in Chapter 17.52 of this code has not changed since August 27, 1979, to require additional parking facilities; or

(2)

The business is operated as a lawful and permitted nonconforming use under Chapter 17.80, and such nonconforming use concerns the off-street parking requirements of Chapter 17.52.

(b)

A permit may be granted based upon a weighing of the following factors. The factors are not listed in any order relating to the weight to be given:

(1)

The location of the business;

(2)

The amount and location of space otherwise actually or potentially available for employee parking, including space which may be leased or purchased;

(3)

The uses which the business puts to available space;

(4)

The economy and efficiency of the business's use of available space;

(5)

The costs to the business;

(6)

The type and location of bordering and nearby properties;

(7)

The type of business conducted;

(8)

The size and location of the right-of-way;

(9)

Safety concerns, including but not limited to visual obstructing, traffic, obstruction to pedestrian walkways, etc.;

(10)

The number of persons employed by the business;

(11)

Any other factors which may reasonably affect the health, safety, and welfare of the citizens of the city.

(c)

Eligible applicants shall apply for a grandfather permit for employee parking as follows:

(1)

Applications shall be filed in the office of the city clerk on forms provided by the city.

(2)

The public works superintendent shall review the application for completeness and may reject the application if not complete in every respect.

(3)

The public works superintendent shall weigh the factors set forth in subsection (b) above and shall determine based upon those factors whether the employee parking permit should be granted. The public works superintendent may visit the proposed site and may conduct such other investigation as he or she shall deem reasonably necessary to make such determination.

(4)

The public works superintendent shall grant or reject the permit in writing which shall set forth the reasons and findings upon which the decision is based. A copy shall be provided to the applicant within reasonable time of the decision.

(5)

The applicant may appeal the decision of the public works superintendent by filing a written notice of appeal with the city clerk-treasurer. The procedure for appeal as set forth under Sections 8.20.080, 8.20.090, 8.20.100, 8.20.110, 8.20.120, and 8.20.140 of this code shall apply.

(Ord. 1301 (part), 1989)