Sec. 38-116. Adjustments to Parking Standards.
A. Spaces Required for Multiple Uses.If more than one use is located on a site, the number of off-street parking spaces and loading berths to be provided shall be equal to the sum of the requirements prescribed for each use. If the gross floor area of individual uses on the same site is less than that for which a loading berth would be required by Schedule B of Section 38-115, but the aggregate gross floor area of all uses is greater than the minimum for which loading berths would be required, the aggregate gross floor area shall be used in determining the required number of loading berths.
B. Joint Use.Off-street parking and loading facilities required by this article for any use shall not be considered as providing parking spaces or loading berths for any other use on the same site, except where a joint facility exists. Such a facility shall contain not less than the total number of spaces or berths as determined individually, or fewer spaces may be permitted where adjoining uses on the same site have different hours of operation and the same parking spaces or loading berths can serve both without conflict. A determination of the extent, if any, to which joint use will achieve the purposes of this article shall be made by the Community Development Director, who may require submission of survey data necessary to reach a decision. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)
C. Location and Ownership.Parking required to serve a nonresidential use may be on the same or a different site under the same or different ownership as the use served; provided, that parking shall be within the following distances of the use served, measured from the near corner of the parking facility to the main public entrance of the use served via the shortest pedestrian route:
|
Customer/Visitor Spaces |
Employee Spaces |
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150 ft. |
400 ft. |
D. Life of Facility.Facilities for off-site parking shall be restricted to that use by a recorded deed, lease, or agreement for a minimum period of 10 years from the date a zoning permit requiring the parking is issued; provided, that the Community Development Director may waive the restriction upon finding that substitute parking facilities meeting the requirements of this article are provided. No use shall be continued if the parking is removed unless substitute parking facilities are provided. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)
E. Shared Parking.Notwithstanding the provisions of Section 38-114 (E), a use permit may be approved for parking serving more than one use or site and located in a district in which parking for the uses served is a permitted or conditional use. The maximum allowable reduction in the number of spaces to be provided shall not exceed 20 percent of the sum of the number required for each use served.
An applicant for a use permit for shared parking may be required to submit survey data substantiating a request for reduced parking requirements. A use permit for shared parking shall describe the limits of any area subject to reduced parking requirements and the reduction applicable to each use.
A Use Permit for shared off-street parking may reduce the total number of spaces required by this article, if the following findings are made:
1.The spaces to be provided will be available as long as the uses requiring the spaces are in operation;
2.The peak hours of parking demand from all uses do not coincide so that peak demand is greater than the parking provided;
3.The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if collective parking is not provided; and
Any Use Permit approved for shared parking shall be conditioned on the following:
1.A written agreement between landowner(s) and the City, in a form satisfactory to the City Attorney, is approved by the Planning Commission. This agreement shall be in the form capable of and subject to being recorded to constitute a covenant running with the land and shall include:
(a)A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking;
(b)A guarantee among the landowner(s) for access to and use of the shared parking facilities;
(c)A provision that the City may require parking facilities in addition to those originally approved upon finding by the Planning Commission that adequate parking to serve the use(s) has not been provided; and
(d)A provision stating that the City, acting through the Planning Commission, may for due cause and upon notice and hearing, unilaterally modify, amend, or terminate the agreement at any time. (Ord. 3424 § 1, 2009)