1290.04 OFF-STREET PARKING MODIFICATIONS AND REDUCTIONS.
   (a)   If public parking spaces are provided within 500 feet of the subject property line, public parking may count towards up to fifty (50) percent of the total minimum parking requirement for the requested use.
   (b)   During review of a site plan or conditional use, the Planning Commission may authorize a reduction or modification of any of the off-street parking regulations provided in this Chapter 1290 based upon findings, standards, and conditions as provided below.
      (1)   The Planning Commission may defer the construction of a portion of parking spaces required in Table 1290-A, subject to all of the following requirements:
         A.   All deferred parking spaces must be reflected on the approved site plan. The applicant must demonstrate the ability to accommodate the minimum off-street parking requirement but is not required to install the deferred parking spaces until such time it is deemed necessary by the Planning Commission.
         B.   The owner shall demonstrate that the required number of parking spaces is excessive for the nature of their business or operational characteristics.
         C.   An area of sufficient size to meet the deferred number of parking spaces, along with setbacks, landscaping, access drives, aisles and other required parking lot features, shall be retained as open space.
         D.   A deferred parking site plan shall identify the area where parking is being deferred, including dimensions and parking lot layout.
         E.   Stormwater management requirements shall be based on the full amount of required parking to ensure adequate capacity if additional parking is determined to be necessary at a later date.
         F.   The owner shall provide a written agreement to construct the deferred parking within six (6) months of a written notice from the Zoning Administrator based on observed need, or to give at least thirty (30) days prior notice to the Zoning Administrator if the deferred parking area is to be constructed.
      (2)   The Planning Commission is authorized to reduce the minimum number of parking spaces up to twenty-five (25) percent upon finding that the applicant meets the requirements for one (1) or more of the allowable reductions of this section.
      (3)   In reviewing a parking reduction, the Planning Commission shall consider the following factors, as applicable.
         A.   The land use and development character of the area to be served by the parking facility, including the relative intensity of uses requiring parking, proximity of nearby employment centers and residential uses, and other relevant factors;
         B.   The availability of other publicly available parking in the area, including information such as number of spaces, any applicable restrictions (time limits, dedicated parking areas, etc.), or other uses also counting spaces in the same parking area for meeting parking requirements;
         C.   The timing of parking use relative to other uses in the area including information regarding hours of operation or other operational parking needs that would permit use of the spaces;
         D.   Whether the location of all provided parking meets the requirements of this Chapter;
         E.   Whether compliance with Table 1290-A. is made to the maximum extent practicable taking into account parking lot design and efficiency of the layout;
         F.   Whether other adjustments as described in this Section should apply in conjunction with or in lieu of the requested need-based adjustment;
         G.   Whether supporting documentation, if provided, adequately demonstrates that sufficient parking is available to meet projected typical demand; and
         H.   The request for development of deferred parking spaces may originate from the owner of the property, the Building Official, or the Planning Commission upon a perceived demonstration of need. The Planning Commission shall adhere to the site plan review process, including public notice requirements, outlined in Section 1262.19, prior to requiring the installation of any previously deferred off-street parking spaces.
(Res. 24-95. Passed 2-13-95; Ord. 2023-08. Passed 7-24- 23.)