(a) Special exception: parking demand.
(1) The board may grant a special exception to authorize a reduction in the number of off-street parking spaces required under this article if the board finds, after a public hearing, that the parking demand generated by the use does not warrant the number of off-street parking spaces required, and the special exception would not create a traffic hazard or increase traffic congestion on adjacent or nearby streets. Except as otherwise provided in this paragraph, the maximum reduction authorized by this section is 25 percent or one space, whichever is greater, minus the number of parking spaces currently not provided due to delta credits, as defined in Section 51A-4.704(b)(4)(A). For the commercial amusement (inside) use and the industrial (inside) use, the maximum reduction authorized by this section is 75 percent or one space, whichever is greater, minus the number of parking spaces currently not provided due to delta credits, as defined in Section 51A-4.704(b)(4)(A). For the office use, the maximum reduction is 35 percent or one space, whichever is greater, minus the number of parking spaces currently not provided due to delta credits, as defined in Section 51A-4.704(b)(4)(A). Applicants may seek a special exception to parking requirements under this section and an administrative parking reduction under Section 51A-4.313. The greater reduction will apply, but the reductions may not be combined.
(2) In determining whether to grant a special exception under Paragraph (1), the board shall consider the following factors:
(A) The extent to which the parking spaces provided will be remote, shared, or packed parking.
(B) The parking demand and trip generation characteristics of all uses for which the special exception is requested.
(C) Whether or not the subject property or any property in the general area is part of a modified delta overlay district.
(D) The current and probable future capacities of adjacent and nearby streets based on the city’s thoroughfare plan.
(E) The availability of public transit and the likelihood of its use.
(F) The feasibility of parking mitigation measures and the likelihood of their effectiveness.
(3) In granting a special exception under Paragraph (1), the board shall specify the use or uses to which the special exception applies. A special exception granted by the board for a particular use automatically and immediately terminates if and when that use is changed or discontinued.
(4) In granting a special exception under Paragraph (1), the board may:
(A) establish a termination date for the special exception or otherwise provide for the reassessment of conditions after a specified period of time;
(B) impose restrictions on access to or from the subject property; or
(C) impose any other reasonable condition that would have the effect of improving traffic safety or lessening congestion on the streets.
(5) The board shall not grant a special exception under Paragraph (1) to reduce the number of off-street parking spaces required in an ordinance granting or amending a specific use permit.
(6) The board shall not grant a special exception under Paragraph (1) to reduce the number of off-street parking spaces expressly required in the text or development plan of an ordinance establishing or amending regulations governing a specific planned development district. This prohibition does not apply when:
(A) the ordinance does not expressly specify a minimum number of spaces, but instead simply makes reference to the existing off-street parking regulations in Chapter 51 or this chapter; or
(B) the regulations governing that specific district expressly authorize the board to grant the special exception.
(7) The board shall not grant a special exception under Paragraph (1) to reduce the number of off-street parking spaces required for a commercial amusement (inside) used as a dance hall.
(b) Special exception: tree preservation. The board may grant a special exception to authorize a reduction in the number of off-street parking spaces required under this article if the board finds, after a public hearing, that the reduction will result in the preservation of an existing tree. The preserved tree must be protected from vehicular traffic through the use of concrete curbs, wheel stops, or other permanent barriers. The maximum reduction authorized by this subsection is 10 percent or one space, whichever is greater, minus the number of parking spaces currently not provided due to already existing nonconforming rights. (Ord. Nos. 22053; 23614; 25268; 28803)