10-3-3306: COMBINED ELIGIBLE AND EXCLUDED USES:

   A.   Persons desiring to combine in an existing structure uses excluded by section 10-3-3304 of this article with uses permitted by section 10-3-3303 or 10-3-3305 of this chapter, may apply to the planning commission for participation in the in lieu parking district.

   B.   The planning commission, after notice and a hearing as provided in section 10-3-3307 of this chapter, may approve an application for participation in the in lieu parking district where a request has been submitted for combined uses provided that the commission determines that:

      1.   The entire ground floor of the structure is to be utilized for a use permitted by section 10-3-3303 or 10-3-3305 of this chapter; and

      2.   The floor area of the structure utilized for a use permitted by section 10-3-3303 or 10-3-3305 of this chapter exceeds that of the floor area of the structure used for the excluded use; and

      3.   Eligibility for participation in the in lieu parking district is restricted only to the floor area of the structures used as set forth in section 10-3-3303 or 10-3-3305 of this chapter; and

      4.   The excluded use of the structure is compatible with and will not be detrimental to retail business in the in lieu parking district; and

      5.   The application complies with all the other requirements of this article. (Ord. 76-O-1608, eff. 6-17-1976; amd. Ord. 83-O-1888, eff. 5-5-1983; Ord. 94-O-2206, eff. 8-5-1994)