This section includes methods of accommodating parking as an alternative to constructing the required number of parking spaces on an individual lot.
(a) Shadow Parking. A portion of the required parking spaces may remain landscaped and unpaved or paved with porous pavement provided that the parking and unpaved areas comply with the following standards. See Figure 1175.05-1.
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Figure 1175.05 1: Shadow parking
(1) No more than 30% of the required number of parking spaces may be designated for shadow parking.
(2) The plans submitted with the zoning permit application shall denote the location and layout of that portion of the parking area that is deemed currently not required. The plan shall indicate that the "shadow" parking spaces will be constructed according to this code in the event that the Zoning Commissioner makes a finding, at any time, that all or any portion of this parking is necessary.
(3) At no time shall any portion of the required parking area that is so designated for future construction be used for the construction of any structure or paved surface with the exception that grass pavers or reinforced turf may be used to provide temporary parking provided that the pavers allow for grass and other vegetation to grow through the material.
(4) At no time shall any portion of the required parking or loading that is so designated for future construction as provided herein be counted as open space or other non-paved areas required by other provisions of this section.
(5) The owner shall initiate construction of the approved "future" parking area, as identified on the approved plan, within three months of the receipt of a certified letter or a letter through normal postal service (in the event that the certified letter is not accepted) sent to the owner of record from the Zoning Commissioner, identifying that such parking is determined to be necessary.
(6) When the designated shadow parking area is constructed, such parking shall be constructed in a manner to meet the parking lot landscaping requirements of Chapter 1177 Landscaping and Buffer Standards.
(b) Shared Parking. A portion of the required parking spaces may be located on an adjacent property if the parking area complies with the following.
(1) Shared parking is encouraged and permitted if the multiple uses that the shared parking will benefit can cooperatively establish and operate the facilities.
(2) The applicant shall have the burden of proof for reduction of the total number of parking spaces and shall document and submit information substantiating their request. Shared parking may be approved if:
A. A sufficient number of spaces are provided to meet the highest demand of the participating uses.
B. The uses are located adjacent to each other.
C. Evidence has been submitted by the parties operating the shared parking facility, to the satisfaction of the Zoning Commissioner, documenting the nature of uses and the times when the individual uses will operate so as to demonstrate the lack of potential conflict between them.
D. The shared parking space shall be located not more than 500 feet from the primary entrance of the use served, measured along the shortest legal, practical walking route. This route may include crossing a right-of-way provided it uses a legal crosswalk.
E. A legal shared parking agreement is submitted and approved by the Law Director, that provides for the rights of the respective parties to use the shared parking areas in a manner adequate to accommodate multiple users or that parking spaces will be shared at specific times of the day (i.e., one activity uses the spaces during daytime hours and another activity uses the spaces during evening hours). This agreement shall include provisions, evidence of deed restrictions or other recorded covenants that ensure that the spaces will be properly maintained during the life of the development.
F. The approved shared parking agreement shall be filed with the application for a zoning permit and shall be filed with the Defiance County Recorder and recorded in a manner as to encumber all properties involved in the shared parking agreement.
G. No zoning permit will be issued until proof of recordation of the agreement is provided to the Zoning Commissioner.
(c) Off-Site Parking. A portion of the required parking spaces may be located on a separate lot from the lot on which the principal use is located if the off-site parking complies with the following standards.
(1) Off-site parking shall not be used to satisfy the off-street parking standards for residential uses, hospitals, bars (if not incidental to a restaurant), or convenience stores and other convenience-oriented uses. Required parking spaces reserved for persons with disabilities shall not be located in an off-site parking facility.
(2) No off-site parking space shall be located more than 500 feet from the primary entrance of the use served, measured along the shortest legal, practical walking route. This route may include crossing a right-of-way provided it uses a legal crosswalk.
(3) Off-site parking shall not be permitted on a vacant lot in a residential zoning district.
(4) Off-site parking areas shall adhere to the regulations of the same or a more intensive zoning classification than that required for the use served.
(5) In the event that an off-site parking area is not under the same ownership as the principal use served, a written off-site parking agreement shall be required.
(6) An off-site parking agreement shall be submitted and approved as to form by the Law Director. This agreement shall include provisions, evidence of deed restrictions or other recorded covenants that ensure that the spaces will be properly maintained during the life of the development.
(7) The off-site parking agreement approved by the Law Director shall be filed with the application for a zoning permit and shall be recorded as a deed restriction or covenant in a manner as to encumber all properties involved in the off-site parking agreement.
(8) A zoning permit shall not be granted until proof of recordation of the agreement is provided to the Zoning Commissioner.
(9) Off-site parking shall be used and maintained solely for parking as long as the use, as recorded and approved, exists. The off-site parking agreement may be terminated when the additional site is no longer necessary, there is a change of use, or the approved conditions are no longer applicable.
(Ord. 7675. Passed 11-11-14.)