A. Off street parking spaces required by this chapter for any specific use shall not be considered as providing parking spaces for any other use except where a joint/collective parking facility has been approved pursuant to the following:
1. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the building, structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand from the uses shall not coincide so that the peak demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
d. The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if a joint/collective parking facility was not requested; and
e. If a public transit system serves the area, the applicant may provide documentation showing that the parking demand will be reduced.
2. The proposed reduction of required spaces, applicable to each use, shall be shown by the applicant.
3. The city may require the applicant to submit survey data, or additional documentation substantiating a request for a joint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the use is located, but shall be located no further than that permitted by subsection 8-4-4-1A of this chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces are in operation.
6. The parties concerned in the joint/collective parking facility shall submit a written agreement in a form to be recorded for such joint/collective use, approved by the city attorney as to form and content, and such agreement, when approved as conforming to the provisions of this chapter, shall be recorded in the office of the county recorder and copies thereof filed with the zoning administrator prior to issuance of a building/zoning permit, or prior to issuance of a certificate of occupancy, whichever occurs first. The agreement shall include:
a. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective parking facility;
c. A provision that the city may require parking facilities in addition to those originally approved upon findings by the city council that adequate parking to serve the uses has not been provided;
d. A provision stating that the city council, may for due cause and upon notice and hearing, unilaterally modify, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city in an effort to assure compliance with this title.
7. The zoning administrator may permit a maximum reduction in the number of spaces to be provided not exceeding twenty percent (20%) of the sum of the number of spaces required for each use only if the provisions of this chapter have been met. The maximum allowable reduction in the number of spaces to be provided shall not exceed twenty percent (20%) of the sum of the number required for each use served unless a conditional use is approved by the city council.
8. No use shall be continued if the parking is removed from a joint/collective parking facility unless substitute parking facilities are provided. (Ord. 309, 1-27-1998)