Chapter 11.38
RESIDENTIAL PARKING ZONE

Sections:

11.38.010    Residential parking zone established.

11.38.020    Residential parking permits.

11.38.030    Eligibility for residential parking permits.

11.38.035    Eligibility of nondwelling unit residents and nonresidents for residential parking permits.

11.38.040    Application for permits.

11.38.050    Issuance of permits.

11.38.060    Use and validity of permits.

11.38.070    Visitor’s permits.

11.38.080    Revocation of permits.

11.38.090    Appeal.

11.38.100    Violation – Penalty.

11.38.110    Procedures and penalties for parking infractions.

11.38.010 Residential parking zone established.

The area including one block of Morey Avenue northwest of Highland Drive, Forest Street between Olive Street and Cedar Street, all of Cedar Street, N. State Street between Cedar Street and the southern end of the 400 block of N. State Street, Garden Street between Olive Street and Beech Street, the 300 and 400 blocks of N. Garden Street, and Olive, Palm, Bryant, and Sycamore Streets between Forest Street and Garden Street, as depicted on Map 11.38.010(A), is a residential parking zone, to be known as Residential Parking Zone 1; and the areas bounded by Maple Street, Newell Street, Jersey Street and the Sehome Hill Arboretum, including Maple, Newell, Mason, Liberty, Laurel, Key, Myrtle, Ivy and Jersey Streets, and Key Street between Maple Street and Chestnut Street, as depicted on Map 11.38.010(B), is a residential parking zone, to be known as Residential Parking Zone 2. A property shall be included within a residential parking zone only if its address includes, or access to the property is via, a street which is within the zone. On and after September 22, 1997, it shall be a parking infraction to park between the hours of 8:00 a.m. and 5:00 p.m. (8:00 a.m. and 8:00 p.m. for Morey Avenue only) Monday through Friday, except holidays, on any street within a residential parking zone unless the parked vehicle displays a valid residential parking permit or visitor’s parking permit for the residential parking zone in which it is parked.

A residential parking permit or visitor’s parking permit shall only be valid if the vehicle is parked on or within a one block radius of the city block for which the vehicle is registered. A residential parking permit shall only be valid if displayed upon the rear bumper on the left-hand side of the resident’s vehicle or in the lower left-hand corner of the rear window of the resident’s vehicle.

Map 11.38.010(A)

Map 11.38.010(B)

[Ord. 2008-09-086; Ord. 2007-10-079; Ord. 2002-10-068; Ord. 2001-08-058; Ord. 1999-04-020].

11.38.020 Residential parking permits.

When properly issued and displayed, a residential parking permit and a visitor’s parking permit shall authorize a specified vehicle to park within a residential parking zone for which the permit was issued; provided, that the permit shall not authorize parking for more than 24 consecutive hours in any one location. The permit shall not guarantee a parking space, nor shall it exempt the vehicle or operator from observing zones where parking is prohibited at all or specified times, including but not limited to permanent or temporary no parking zones, loading zones, fire zones and all other applicable regulations contained in BMC Title 11. [Ord. 1999-04-020].

11.38.030 Eligibility for residential parking permits.

A. Eligibility. Permits may be issued only to persons who reside in a legal dwelling unit in the residential parking zone, who own and/or have legal control of a motor vehicle and only for those noncommercial motor vehicles not exceeding 10,000 pounds licensed gross vehicle weight which are owned by or under the legal control of the resident. Visitor’s permits may be issued only to persons who reside in a dwelling unit in the residential parking zone.

B. Proof of Residence. Proof of residence shall be established by:

1. Display of a valid driver’s license reflecting a current address in a legal dwelling unit in the residential parking zone; or

2. Display of a deed, lease, rental agreement or other document which, in the discretion of the director of the department of public works, establishes residency, and which shows residency in the residential parking zone.

C. Ownership of Motor Vehicle. Proof of ownership and/or legal control of a motor vehicle may be established by display of a valid vehicle registration in the applicant’s name, or by display of a valid vehicle registration together with a lease agreement or other documentation which, in the discretion of the director of the department of public works, establishes that the applicant has legal use and control of the vehicle. [Ord. 2009-08-053; Ord. 1999-04-020].

11.38.035 Eligibility of nondwelling unit residents and nonresidents for residential parking permits.

Permits may be issued to the owner or manager of occupancies within the residential parking zones other than dwelling units, including, but not limited to, boarding and rooming houses, churches, conditional uses, day care and day treatment centers, schools and nonconforming uses other than dwelling units; provided, that no more than two residential parking permits and two annual visitor’s permits per each dwelling unit equivalent shall be issued for use of each occupancy; and provided further, that the director of the department of public works shall have the authority and unfettered discretion to allow substitution of additional residential permits in lieu of visitor’s permits upon a demonstration by the applicant that an additional residential permit is needed by the occupancy for a vehicle belonging to a legal resident of the occupancy who has not already been assigned to a residential permit, that the vehicle cannot reasonably be accommodated on site and that substitution of the residential permit for a visitor’s permit will not be unduly detrimental to the parking needs of the surrounding neighborhood. The owner or manager may distribute the permits to residents of the occupancy. Permits shall not be used except by residents and the owner and manager of the property, and, in the case of visitor’s permits, by visitors of the occupancy. Both the permit applicant and the resident using a permit are responsible for its use. “Dwelling unit equivalent” for purposes of this section shall mean the number of dwelling units which would be permitted on the property under the zoning in effect at the time the permits are issued. Together with a permit application, the permit applicant shall present to the director of the department of public works a form signed by the planning director, or designee, which indicates, solely for the purposes of this chapter, the number of dwelling unit equivalents for the occupancy for which permits are requested. The property located at 501-505 N. Garden Street, which is not located within the residential parking zone but is adjacent to it, shall be allowed up to a total of five residential parking permits for zone 1, to be issued to the owner or manager of the property. The entire condominium complex located at 415 N. State Street and 414 Boulevard shall be considered to be within the zone for purposes of obtaining residential and visitor parking permits. [Ord. 2009-08-053; Ord. 2004-10-074 § 1; Ord. 2001-11-078; Ord. 1999-04-020].

11.38.040 Application for permits.

A. The director of the department of public works is authorized to issue residential parking permits to eligible residents who own or have legal control of a motor vehicle.

B. Application shall be made on forms provided by the director of the department of public works which shall include:

1. The name, address and telephone number of the applicant;

2. Make, model, color, year and license plate number (and state) of the vehicle for which the permit is sought;

3. The number of vehicles owned by or under the control of the applicant;

4. Signature of the applicant and an acknowledgment that the applicant is familiar with the terms of this chapter.

C. Each application shall be accompanied by payment of a fee established by council resolution.

D. If the information required in subsection (B) of this section is unchanged, the permit may be renewed by mail. [Ord. 2009-08-053; Ord. 1999-04-020].

11.38.050 Issuance of permits.

Upon receipt of a completed application form and presentation of satisfactory proof of eligibility, the director of the department of public works shall issue a residential parking permit for the vehicle described in the permit; provided, that no more than a total of two permits may be issued to all persons in any one legal dwelling unit. Residents of any building containing more than two legal dwelling units shall be limited to one residential parking permit and one visitor parking permit per legal dwelling unit. The director of the department of public works shall send copies of all permits to the police department promptly upon issuance.

Each permit shall contain the number of the residential parking zone for which it was issued and the serial number of the permit, together with such other information as may be determined by the director of the department of public works. [Ord. 2001-08-058; Ord. 1999-04-020].

11.38.060 Use and validity of permits.

A. Display. Permits shall be displayed in the vehicle in the location stated on the permit.

B. Validity. Permits shall be valid only for the vehicle for which they are issued and only so long as the permit holder owns or controls the vehicle and resides at the address specified in the application.

C. Expiration. Permits shall expire on October 1st following the date of issue; provided, that permits issued during or before September of 1997 shall expire on October 1, 1998, and permits issued in September of a later year shall expire on October 1st of the following year. [Ord. 1999-04-020].

11.38.070 Visitor’s permits.

A. The director of the department of public works is authorized to issue visitor’s permits. No more than two annual visitor permits may be issued per residential address. Visitor’s permits may be issued to persons who establish proof of residence as provided in BMC 11.38.030. An application for a visitor’s permit shall be on forms provided by the director of the department of public works and shall, at a minimum, contain the name, address and telephone number of the applicant, an acknowledgment that the applicant is familiar with the terms of this chapter, and a signature of the applicant. Visitor’s permits shall be valid only for vehicles not exceeding 10,000 pounds gross vehicle weight.

B. The fee for an annual visitor’s permit shall be established by council resolution.

C. Visitor’s permits are for the temporary use of guests of the permit holder while visiting the permit holder and for use of a borrowed or rented vehicle by the resident. Any other use is prohibited.

D. Annual visitor’s permits expire on October 1st after the date of issuance; provided, that permits issued in August or September of 1997 shall expire on October 1, 1998, and permits issued in September of a later year shall expire on October 1st of the following year.

E. Visitor’s permits must be displayed in the vehicle in the location stated on the permit. They shall contain the number of the residential parking zone for which it was issued, a serial number of the permit and the expiration date of the permit.

F. Eligible residents may also be issued any number of temporary visitor’s permits, which shall be valid for not more than six months after the date of issuance, which permits shall be subject to the same application procedure and terms of use (except for expiration date) as for other visitor’s permits. The fee for a temporary visitor’s permit shall be established by council resolution. [Ord. 2009-08-053; Ord. 2008-09-086; Ord. 1999-04-020].

11.38.080 Revocation of permits.

Permits and/or visitor’s permits may be revoked by the director of the department of public works for any of the following reasons:

A. The permit holder has made any false, misleading or incomplete statement in the application.

B. Violation of any of the provisions of this chapter or ineligibility of the permit holder.

C. Termination of the residential parking zone. If the director of the department of public works finds that a residential permit or a visitor’s permit should be revoked for any of the reasons set forth above, the director of the department of public works shall send a written notice to the permit holder, which notice shall contain the following information:

1. That the permit will be revoked not sooner than 10 days from the date of the letter.

2. That unless a written notice of appeal is filed with the hearing examiner not later than 10 days from the date of the letter, the permit will be deemed revoked.

3. That if a written notice of appeal is filed within the required time, a hearing will be set.

4. The reasons for the revocation. [Ord. 2009-08-053; Ord. 2002-10-069 § 20; Ord. 1999-04-020].

11.38.090 Appeal.

An applicant aggrieved by action of the director of the department of public works under this chapter may file a notice of appeal with the hearing examiner. The hearing examiner may affirm, reverse or modify the revocation decision, or order suspension for a specified period. [Ord. 2009-08-053; Ord. 2002-10-069 § 20; Ord. 1999-04-020].

11.38.100 Violation – Penalty.

It shall be unlawful for any person to do any of the following:

A. To make any false or misleading statement in application for a permit.

B. To transfer a permit to another person or to a vehicle not authorized by the permit.

C. To alter a permit in any respect in order to gain privileges not authorized by the permit.

D. To display on a vehicle a permit which has been suspended or revoked.

E. Except for permit fees received by the city of Bellingham, to sell or receive anything of value in exchange for a permit.

A violation of this section is a civil infraction and shall be punished by a fine not to exceed $500.00. [Ord. 2013-09-073 § 20; Ord. 1999-04-020].

11.38.110 Procedures and penalties for parking infractions.

The provisions of BMC 11.33.220, 11.33.230 and 11.33.240 shall apply to parking infractions defined in this chapter. [Ord. 1999-04-020].