(1) Regular Use.

(a) Any person who desires to use the Chestnut Street Transitway on a regular basis may apply to the Department for permission to do so. Such permission shall be granted upon the showing, to the satisfaction of the Commissioner or his designee that:

(.1) The nature of the use sought is such that the user could not reasonably be required to conduct his business through a rear access to property located on the Transitway or by other means including loading zones established on the numbered streets which intersect with the Transitway.

(b) In those instances where the Department has approved the use of the Transitway on a regular basis, the Department may, at the request of the person who has made application, assign a specific time and place for such person to use the Transitway on a regular basis without such person having to notify the Department on each occasion when the Transitway is entered. No person who has been granted the use of the Transitway on a regular basis and during a specified time, and who fails to meet said schedule, may enter the Transitway at any other time without the express permission of the Department after notice.

(.1) Such notice need only provide the:

(.a) Name of party requesting entry; and

(.b) Proposed time of entry and estimated time of departure.

(.2) Upon receiving such notice the Department shall schedule the time when it will be permissible for the vehicle to enter the Transitway.

(c) Any person who has been given permission to use the Transitway on a regular basis but without specific times shall notify the Department whenever such person desires to use the Transitway.

(.1) The notice provision of § 12-2606(1)(b)(.1) and (.2) shall apply.

(d) The Department may fix the length of time for which permission on a regular basis is granted to use the Transitway as it deems desirable for efficient administration and for the convenience of the public.

(e) Permission to use the Transitway on a regular basis shall be conditioned upon continued compliance with the applicable requirements of this Chapter and all applicable rules or regulations promulgated by the Department to implement the provisions of this Chapter.

(f) Vehicles allowed on the Transitway on a regular basis and during a specified time must leave the Transitway within the time allowed. All other regular use vehicles must comply with the provisions of § 12-2605(5).

(2) Special Uses.

(a) Any person who desires to use the Chestnut Street Transitway on other than a regular basis may apply to the Department for permission to do so. Such use shall be granted upon the showing, to the satisfaction of the Commissioner or his designee, that:

(.1) The nature of the use sought is such that the user could not reasonably be required to conduct his business in any other way, such as through a rear access to property located on the Transitway or by way of the loading zones established on the numbered streets which intersect with the Transitway.

(b) Persons desiring to obtain permission to use the Transitway for special use shall comply with the provisions of § 12-2605 pertaining to notification to the Department.

(c) Application may be made for special use by either the person who wishes to enter the Transitway or the interested party located on property abutting the Transitway.