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321L.5 Handicapped parking spaces---location and requirements---review committees.

1. Handicapped parking spaces and access loading zones for handicapped persons that serve a particular building shall be located on the shortest accessible route to the nearest accessible entrance to the building.

2. A handicapped parking space designated after July 1, 1990, shall comply with the dimension requirements specified in rules adopted by the department of public safety and in effect when the spaces are designated. The department shall adopt accepted national standards for dimensions of handicapped spaces, consistent with the requirements of federal law. However, these dimension requirements do not apply to parallel on- street parking spaces.

3. a. The state or a political subdivision of the state which provides off-street public parking facilities or an entity providing nonresidential parking in off-street public parking facilities shall provide not less than two percent of the total parking spaces in each parking facility as handicapped parking spaces, rounded to the nearest whole number of handicapped parking spaces. However, such parking facilities having ten or more parking spaces shall set aside at least one handicapped parking space.

b. An entity providing off-street nonresidential public parking facilities shall review the utilization of existing handicapped parking spaces for a one-month period not less than once every twelve months. If upon review, the average occupancy rate for handicapped parking spaces in a facility exceeds sixty percent during normal business hours, the entity shall provide additional handicapped parking spaces as needed.

c. An entity providing off-street nonresidential parking as a lessor shall provide a handicapped parking space to an individual requesting to lease a parking space, if that individual possesses a permanent handicapped identification device issued in accordance with section 321L.2.

d. A new nonresidential facility in which construction has been completed on or after July 1, 1991, providing parking to the general public shall provide handicapped parking spaces as stipulated below: Q $KIP$ 1 P MARGINS F *T( $T12@Required ~~ $T12@Minimum ~~ $T12@Number of ~~

Total Parking$T12@Handicapped ~~

Spaces in Lot$T12@Parking Spaces ~~ ~~

10 to 25$T15@1 ~~

26 to 50$T15@2 ~~

51 to 75$T15@3 ~~

76 to 100$T15@4 ~~

101 to 150$T15@5 ~~

151 to 200$T15@6 ~~

201 to 300$T15@7 ~~

301 to 400$T15@8 ~~

401 to 500$T15@9 ~~

501 to 1000$T15@* ~~

1001 and over$T15@** ~~ Q $KIP$ 1 $T4@ * 2$T8@Percent of Total ~~ $T4@** 20$T8@Spaces Plus 1 for ~~ $T8@Each 100 Over 1000 ~~ Q $KIP$ 1 P MARGINS L *T)

e. Any other person may also set aside handicapped parking spaces on the person's property provided each handicapped parking space is clearly and prominently designated as a handicapped parking space.

4. a. Cities which provide on-street parking areas within a business district shall by ordinance define and establish a business district or districts and shall designate not less than two percent of the total parking spaces within each business district as handicapped parking spaces.

b. Upon petition by an individual possessing a permanent handicapped identification device issued in accordance with section 321L.2, the city shall review utilization and location of existing handicapped parking spaces for a one-month period but not more than once every twelve months. If, upon review, the average occupancy rate for handicapped parking spaces exceeds sixty percent during normal business hours, the city shall provide additional handicapped parking spaces as needed.

5. A handicapped parking space located on a paved surface may be painted with a blue background upon which the international symbol of accessibility is painted in yellow nonskid paint. As used in this subsection, "paved surface" includes surfaces which are asphalt surfaced.

6. A handicapped parking review committee may be established by the state and each political subdivision of the state which is required to provide handicapped parking spaces in off-street public parking facilities according to subsection 3 and in political subdivisions required to provide handicapped parking spaces for on-street parking within a business district according to subsection 4. The handicapped parking review committee shall consist of five members who are handicapped persons as defined in section 321L.1 and five members who are officials of the state or political subdivision. The handicapped parking review committee shall have the discretion to increase or decrease the numbers of handicapped parking spaces required by this section. A decision to change the numbers or location of handicapped parking spaces shall be based upon the needs of the community, the percentage of use of the present handicapped parking spaces, and the past experience of the state or political subdivision regarding handicapped parking.

An individual may request the handicapped parking review committee to review the amounts and locations of handicapped parking spaces. The handicapped parking review committee shall investigate each individual's request and shall act upon such request if the investigation substantiates the individual's complaint.

Section History: Recent form

89 Acts, ch 247, § 13; 90 Acts, ch 1151, § 6--;8; 94 Acts, ch 1015, §1; 94 Acts, ch 1107, §21

Internal References

Referred to in § 321L.1, 321L.4, 321L.7


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