1106.06 MODIFICATION OF REQUIREMENTS.
   (a)   Providing Fewer Parking Spaces Than Required. The Planning Commission may approve a reduction in the number of required spaces up to fifty percent (50%) as part of the site plan review. The applicant shall provide justification for the reduction based on the parking demand of the proposed use, number of typical patrons or employees, shared parking, off-street parking, alternative transportation, or other similar reason. As part of the approval, the Planning Commission may require the applicant to reserve land on the subject property to be reserved for a future parking area. If an applicant requests a reduction of more than fifty percent (50%) of the required number of parking spaces, that request will be subject to the decision of the Board of Zoning Appeals.
   (b)   Allowance for Shared Parking. Land uses that are located next to each other, whether within the same lot or on adjacent lots, and which are not normally open, used, or operated during the same hours, may enter an agreement to share parking facilities, provided not more than fifty percent (50%) of the required parking spaces are shared. In any case where the required parking spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned and filed with the application for a building permit.
   (c)   Multiple and Mixed Use Developments. In a multiple use or mixed use development, the planning commission may approve a lesser number of parking spaces than specified in Table 1106.05-1: Required Number of Parking Spaces. The Planning Commission shall determine if the application of the standards will result in an excessive number of parking spaces and that a lesser number of spaces, by virtue of overlapping occupancy, different hours of operation, varying peak demand, is appropriate and consistent with the regulations within this chapter.
   (d)   Excessive Parking Area Requested. The Planning Commission may restrict the amount of parking spaces and size of the parking area when the amount of parking exceeds the minimum requirement per Table 1106.05-1: Required Number of Parking Spaces for a particular use and the Commission determines the amount of parking is excessive. The Planning Commission may permit additional parking to be developed at a future time when the applicant can demonstrate the need for additional parking.
 
   (e)   Phasing Plan for Parking Construction. The applicant may request to phase the construction of the required number of parking spaces. The phasing plan must be submitted to Planning Commission as part of the site plan review process. The phasing plan shall include the location and layout of the required parking spaces with a clear indication of each proposed phase of construction. (Ord. 2022-34. Passed 1-9-23.)