The planning and zoning board may authorize parking facilities located on neighboring private property to qualify as required off street parking under the following conditions:
A. The parking spaces are not required for another building, structure or use, unless joint parking is allowed pursuant to section 10-16-6 of this chapter;
B. The nearest point of the parking lot is within the following distances, as measured along the pedestrian's path of travel, from the building served:
1. One hundred feet (100') for accessory apartments, single- family dwellings, and two-family dwellings;
2. Two hundred feet (200') for multiple-family dwellings, hotels, motels, and lodging facilities;
3. Three hundred feet (300') for hospitals, medical offices, homes for the aged, and clubs/fraternal orders; and
4. Five hundred feet (500') for uses not otherwise specified above.
C. A legally binding long term agreement, typically a minimum of ten (10) years, for the off site parking, in a form and with conditions acceptable to the city planner, city attorney and planning and zoning board, is entered into between the affected property owner(s) and recorded in the office of the county recorder. An agreement shall be required regardless of whether the neighboring property is owned by a different or same property owner as the use requiring the parking.
D. If the off site parking is no longer available for any reason, including, but not limited to, expiration or termination of the parking agreement, then the certificate of occupancy may be revoked pursuant to section 10-16-12 of this chapter, and the property owner shall be subject to such other penalties as provided in this title. (Ord. 2013-04, 3-5-2013)