Sec. 621-423. - Establishment of loading zones.
(a) The board of public works, by resolution upon the recommendation of the department of public works after a public hearing, may establish a loading zone. In determining the establishment of a loading zone, the board of public works may consider, among others, the following matters: need, estimated volume of use, alternate sites, number of businesses or premises served, and support of neighboring owners or occupants.
(b) Any resolution adopted by the board of public works establishing a loading zone pursuant to subsection (a) shall be certified to the clerk of the city-county council within ten (10) days of adoption. All resolutions so certified shall be placed on the agenda for the next regular council meeting that is held at least five (5) days after the certification. At such meeting, the city-county council may stay the effective date of any loading zone for a period of forty-five (45) days and refer it to the appropriate committee for a hearing. If no stay is adopted, the loading zone shall be deemed established upon adjournment of that council meeting. If a stay is adopted, the council may before the expiration of the stay either (i) adopt a resolution rejecting the establishment of such loading zone and nullifying the actions of the board of public works, or (ii) lift the stay and ratify the action of the board of public works. If the council ratifies the loading zone, it shall be deemed established on the date of said ratification. If the council fails to act during the period of the stay, the loading zone shall be deemed established upon the expiration of the stay.
(G.O. 161, 1998, § 1; G.O. 15, 2001, § 85)