The City Council may, after receiving a report and recommendations from the Planning Commission, approve as applicable a conditional use permit for long term permanent joint parking facilities as regulated under the provisions of Chapter 196 (Conditional Use Permits) of this title, or an interim use permit for short term temporary joint parking facilities as regulated under the provisions of Chapter 197 (Interim Use Permits) of this title, for one or more businesses to provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the City Council approve such a permit except when the following conditions are found to exist.
(A) Up to 50% of the parking facilities required for a conference center, theater, bowling alley, banquet hall, bar, or restaurant may be supplied by the off-street parking facilities provided by types of uses specified as primarily daytime uses in § 210.09(C) (Joint Parking Facilities) of this title.
(B) Up to 50% of the off-street parking facilities required for any use specified under § 210.09(C) (Joint Parking Facilities) of this title as primary daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses: auditoriums incidental to a public or parochial school, religious buildings, bowling alleys, banquet halls, theaters, bars, apartments, restaurants, or health clubs.
(C) For the purpose of this section the following uses are considered as primarily daytime uses: banks, business offices, manufacturing, wholesale and similar uses, as determined by the Zoning Administrator.
(D) Conditions required for joint use:
(1) The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 500 feet of such parking facilities.
(2) There shall be no substantial conflict in the principal operating hours of the 2 buildings or uses (for which joint use of off-street parking facilities is proposed).
(3) A properly drawn legal instrument, executed by the parties involved in joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Clerk and recorded with the Chisago County Recorder. The legal instrument shall legally bind all parties and provide for amendment or cancellation only upon written approval from the city.
(Ord. 2011-06-07A, passed 6-7-2011)