§ 14-457. Review, rescission, or modification by Transportation Commission.

(a)

When the Transportation Commission has previously determined pursuant to section 14-453 that a street shall be posted as, "Resident Parking Only - Permit Required," the Transportation Commission may, on its own initiative or at the request of the Village Engineer, initiate a review of whether said street should continue to be so posted, or whether the Transportation Commission's prior determination should be rescinded or modified.

(b)

In reviewing a previous decision to designate residential permit-only parking pursuant to section 14-453, the Transportation Commission may, in the exercise of its sound discretion, rescind or modify its previous decision upon a reasonable finding that:

(1)

Since the original decision by the Transportation Commission to implement residential permit-only parking, the area so designated no longer satisfies the criteria set forth in section 14-453(a) for such designation; or

(2)

The original decision by the Transportation Commission to implement residential permit-only parking has created hardship unforeseen at the time of the original decision; or

(3)

Since the original decision by the Transportation Commission to implement residential permit-only parking, material change has occurred in or about the areas so designated such that the continuation of the existing parking restriction is no longer reasonable. Such changed facts and circumstances may include, but are not limited to:

a.

Changes in prevailing types of land uses in the area;

b.

Changes in the prevailing intensity of land uses in the area;

c.

Changes in prevailing traffic conditions or parking practices in the area;

d.

Changes in parking regulations in nearby areas that require consistency with regulation in the area in question;

(4)

The continuation of residential permit-only parking in the area in question is otherwise no longer consistent with sound traffic or parking management or engineering practices; or

(5)

The original decision by the Transportation Commission to implement residential permit-only parking was improvidently made due to procedural defect, or due to mistake of material fact.

(c)

Procedure. After determining that it wishes to review whether a street previously designated under section 14-453 as residential permit-only parking, the Transportation Commission shall set a date for a meeting at which it shall receive public comment on the possible modification or rescission of said residential permit-only parking prior to its taking final action. Prior notice of said meeting shall be provided in the same manner as set forth in section 14-453. At the scheduled Transportation Commission meeting, the Transportation Commission shall make a presentation to justify the reasons for the possible modification or rescission, followed by a period for public comment. The Transportation Commission may, in its discretion, recess and reconvene the meeting on additional days if necessary to provide reasonable time for public comment or discussion by the commission, or to obtain additional evidence.

(d)

Action by the Transportation Commission. At the conclusion of such meeting, the Transportation Commission may then vote to:

(1)

Rescind the designation of the area in question for residential permit-only parking; or

(2)

Modify the prior designation of the area in question, or portions thereof, for residential permit-only parking; or

(3)

Make no change to the prior designation of the area in question for residential permit-only parking; or

(4)

A motion to either rescind or modify, as described in subsections (d)(1) and (2) of this section, shall not be deemed passed unless supported by the affirmative vote of at least two-thirds of the members of the Transportation Commission then holding office.

(Code 1993, § 13-8.21.7; Ord. No. 2008-O-1, 1-22-2008)