It is the purpose of this Division to establish a residential parking permit program to reduce hazardous conditions resulting from the use of streets within residential districts for the parking of vehicles by nonresidents; address motor vehicle congestion in areas and neighborhoods of the City without driveways, or garages; to protect those residential districts from polluted air, excessive noise, trash and refuse caused by the entry of the nonresident vehicles; to protect the residents of the districts from excessive burdens in gaining access to their residences; to promote efficiency in the maintenance of residential streets in a clean and safe condition; and to preserve the safety of children and other pedestrians; and preserve the peace, good order, comfort, convenience and welfare of the inhabitants of and visitors to the City.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
In addition to the definitions set forth in Sections 46-1-1 through 46-1-7, the following words and phrases, whenever used in this Division, shall have the meanings defined in this section unless the context clearly requires otherwise.
Block face means all lots abutting both sides of a street between two intersecting streets.
Certified resident means a property owner having title to real property or a renter who has a valid lease.
Corner lot means a lot that is located at the intersection of two or more streets within a residential parking permit area.
Motor vehicle shall include an automobile, truck, motorcycle or other motor-driven form of self-propelled transportation not in excess of 6,000 pounds gross weight.
Partial block face means a portion of a block face.
Residential district means a contiguous or nearly contiguous area containing public roadways which are primarily abutted by residential property and non-business property such as parks, religious institutions and schools.
Residential parking permit area means that area that has been defined by the Department of Public Works through the establishment of clearly defined boundaries within which residents shall be eligible to purchase residential parking permits.
Traffic generator means a property or properties which generates non-residential traffic. This includes employment areas; colleges and universities; medical centers; commercial and entertainment areas; and transit areas.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) Petition. An individual resident or group of residents in a residential district that, in their opinion, is unreasonably impacted by parking congestion caused by the district's proximity to a traffic generator may submit a petition to the Office of the City Clerk requesting that the district be designated a residential parking permit area.
(1) The petition forms shall be made available on the City's website and at the Office of the City Clerk.
(2) The individual resident or group of residents shall provide relevant information regarding the proposed residential parking permit area on the petition such as time or day limits, or both, proposed boundaries and circulate it within the residential district to ascertain resident support:
a. The petitions must contain signatures of certified residents of at least 60% of all residences in the residential area and meet the designation criteria in Section 46-2-24 for consideration as a residential parking permit area; and
b. Apartment buildings and other multiple family dwellings shall be considered as one residence for petitioning purposes and shall be limited to one signature, which shall be the signature of the property owner or the signature of a person who is legally authorized to sign on behalf of the property owner, not renters; and
c. The minimum boundary requirement shall be one block face; and
d. The petition shall identify a resident petition coordinator and shall conform in form and content with the requirements established under this Division. Each sheet of the petition shall be verified by the affidavit of the person who obtained the signatures to the petition. A person who willfully affixes another's signature, or subscribes and swear to a verification that is false in any material particular, is guilty of perjury.
(3) Upon receipt of the completed petitions and payment of the applicable fee, the City Clerk shall issue a petition number and forward a copy of the completed petitions to the Department of Public Works and the Municipal Parking Department.
a. ln accordance with the Charter, the Office of the City Clerk shall establish and publish the fee for application under this section.
b. The fee shall include each department's costs of processing and evaluating such petition.
(b) Preliminary Analysis. Within 10 days after receipt of the completed petition from the Office of the City Clerk, the Director of the Department of Public Works shall determine whether the request is reasonable and merits further analysis. The preliminary analysis will include, at minimum, a determination if on-street residential parking is presently permitted on the streets being considered for permit parking and whether any obvious traffic conditions exist making it unreasonable to consider permit parking. The preliminary analysis shall be filed with the Office of the City Clerk and provided to the Municipal Parking Department.
(1) If the proposed residential parking permit area set forth in the petition meets the preliminary thresholds for consideration, the City Clerk shall notify the Department of Public Works and Municipal Parking Department to proceed with compiling a formal recommendation. The City Clerk shall also notify the resident petition coordinator that the preliminary thresholds for consideration have been met and the City shall compile a formal recommendation.
(2) If the proposed residential parking permit area set forth in the petition does not meet the preliminary thresholds for consideration, the Department of Public Works shall provide written notice to the City Clerk and the resident petition coordinator that the petition is insufficient and outlining the reasons for which the residential parking permit area is ineligible for designation. The City shall remit the fee to the resident petition coordinator.
(c) City-Sponsored Initiative. The City may initiate the designation of a residential parking permit area based upon current or future development projects or the existence of a traffic generator impacting a residential district by forwarding a formal recommendation to the City Clerk and City Council. A City-sponsored initiative shall follow the process set forth in this Division, except for the petition requirements set forth in subsection (a) of this section.
(d) Formal Recommendation to City Council. Within 30 days after receipt of the preliminary analysis result, the Department of Public Works shall submit a formal recommendation by written report to City Council. The formal recommendation shall indicate, based upon departmental recommendations and the community engagement process in Section 46-2-25, whether to designate the residential district as a residential parking permit area.
(1) The formal recommendation shall clearly state whether a residential district is unreasonably impacted by parking congestion caused by the district's proximity to a traffic generator or parking congestion issues, or by future anticipated parking congestion that is resultant from residential development projects requesting that the district be designated a residential parking permit area.
(2) The formal recommendation shall include the following supporting information:
a. The Department of Public Works Traffic Engineering Division shall forward its recommendation based on the results of the parking study undertaken pursuant to Subsection (a) to determine whether a residential district can support the designation as a residential parking permit area to the Municipal Parking Department.
b. The Municipal Parking Department shall forward its recommendation and supporting information to the Department of Public Works Traffic Engineering Division which may include parking studies, occupancy studies and information regarding the number and type of parking citations issued and metered parking revenues collected within the proposed residential parking permit area during the previous year, if such information regarding revenues is available. The Municipal Parking Department shall also provide a recommendation for parking in the proposed residential parking permit area.
c. Any relevant data the Department of Public Works obtained from the Planning & Development Department, Detroit Police Department, or any other agency or department upon which the formal recommendation is based.
(e) For any petition filed during the first twelve months following the operative date of this division, the 10 and 30-day time frames in subparts (b) and (d) of this Section shall be suspended.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) A residential area shall be deemed eligible for consideration as a residential parking permit area if, based upon an objective analysis of traffic and parking conditions by the Department of Public Works Traffic Engineering Division and analysis of Municipal Parking Department data as part of the formal recommendation, it is established that the residential parking area is impacted by nonresident or commuter vehicles for extended periods of time during the day or night, on weekends or during holidays.
(b) At minimum, the following factors shall be considered in the determination of whether a residential area qualifies for designation as a residential parking permit area:
(1) The extent of the desire or the need of the residents for residential parking and their willingness to bear the administrative cost in connection therewith;
(2) The extent to which the legal on street parking spaces are occupied by motor vehicles during the period proposed by parking restrictions;
(3) The extent to which the parking in the area during the period proposed by parking restriction are commuter vehicles rather than resident vehicles;
(4) The extent to which motor vehicles registered to persons residing in the residential area cannot be accommodated by the number of available off-street parking spaces because of widespread use of available curbside parking spaces by nonresident vehicles;
(5) The extent of noise, pollution, hazardous conditions and deterioration of the residential environment as a result of traffic congestion and insufficient parking the area;
(6) At least 70% of legal parking spaces are utilized during peak periods as determined by the parking surveys and studies, or both, prepared pursuant to subsection (a) above;
(7) At least 50%o of the current parking spaces are utilized by nonresidents for more than two hours;
(8) At least 80% of occupied frontage, at ground level, has a legal use of residential;
(9) Availability of off-street parking including but not limited to driveways, garages, and other types of parking facilities for residents;
(10) Impact on the availability of off street and on street parking for non-residents, parking meter revenues and existing options for displaced non-resident vehicles and extent of the need;
(11) Development projects;
(12) Any special circumstances that exist in that particular residential district; and
(13) Designation of the area as a residential parking permit area will result in one or more of the following expectations for the area:
a. A reduction in non-residential vehicles and the accompanying energy waste and air pollution.
b. A reduction in total vehicle miles traveled.
c. A reduction in traffic congestion and illegal parking.
d. An improvement in vehicular and pedestrian safety.
(c) The Department of Public Works Traffic Engineering Division shall verify the eligibility criteria set forth in subsections (a) and (b) of an established residential parking permit area. This verification shall occur at minimum every five years or as needed if the impact of nonresident or commuter vehicles for extended periods of time during the day or night, on weekends or during holidays is reduced. Modification or termination of a residential parking permit area shall comply with Subdivision B of this Division.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) The City shall coordinate at least one public meeting to discuss the proposed residential parking permit area prior to submitting a formal recommendation under Section 46-2-23(d).
(b) The City Clerk shall forward notice of the public meeting via first class mail no less than 10 days before the meeting to all City of Detroit residents within three hundred radial feet of the proposed residential parking permit area. The notice shall include:
(1) The time, date and location of the public meeting; and
(2) General information about the proposed residential parking permit area.
(c) The City shall post a copy of the notice forwarded by the City Clerk on the City's website, and in public areas within the proposed residential parking permit area no less than seven days in advance of any meeting.
(d) ln addition to the notice requirement contained in subsections (b) and (c), the City shall work with the Council Member or Members representing the district or districts where the proposed residential parking permit area is located and both At-large Council Members to ensure that local residents, businesses, and organizations, especially those located in the proposed residential parking permit area and those expected to be directly impacted by the proposed residential parking permit area, are informed of the public meeting.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).