§ 5.78 MODIFICATIONS AND EXEMPTIONS.
   (A)   Exemptions. Uses within certain locations in the Gaslight Village Business District shall be exempt from the parking requirements otherwise applicable, as specified in the C-1 District Parking Space Requirements Table.
      (1)   Exempt zone defined. For the purposes of this section, the EXEMPT ZONE shall include all properties zoned C-1 within the following described areas:
         (a)   All properties that have frontage on the south side of Wealthy Street;
         (b)   The properties with frontage on the north side of Wealthy Street, beginning at the northeast corner of Wealthy Street and Lovett Street, extending 133 feet southeasterly along the north side of Wealthy Street;
         (c)   The east side of Lovett Street;
         (d)   The east and west sides of Croswell Street; and
         (e)   The east and west sides of Bagley Street.
      (2)   Non-exempt uses. Regardless of location, however, the following uses shall not be exempt from the C-1 District Parking Space Requirements Table:
         (a)   Any permitted residential use shall comply with the requirements of the table; and
         (b)   Special land uses shall provide off-street parking as required in the table, subject to all other specific conditions applicable to that use.
      (3)   Existing parking.
         (a)   Any public or private off-street parking space existing on or created after the effective date of this article shall comply with all applicable requirements of this article with respect to required size and location of parking facilities.
         (b)   Any public or private off-street parking spaces existing on the effective date of this article shall be maintained and the number of existing parking spaces on any property shall not be reduced, unless approved by the Planning Commission. In making a determination that a reduction is warranted, the Planning Commission shall find that the property meets one or more of the requirements of division (B) below.
   (B)   Modification of parking requirements. The minimum number of parking spaces required by this article may be modified by the Planning Commission in consideration of the following factors.
      (1)   Shared parking by multiple uses is feasible where there will be a high proportion of multipurpose visits, or uses have peak parking demands during differing times of the day or days of the week.
         (a)   Shared parking areas shall be on the same lot, upon an adjacent lot or lots, or within 300 feet (measured from the nearest edge of the parking lot to the front door of the business) of the business(es) served by the shared parking area. However, the city may approve a shared parking agreement that does not meet this requirement, provided the following conditions are met:
            1.   The applicant(s) shall provide a parking study showing how the use of on-site, adjacent and/or remote lots meet the requirements of this chapter;
            2.   Remote parking spaces shall be designated for use by employees only. The City Commission, after recommendation by the Planning Commission, may permit remote spaces to be occupied by vehicles belonging to non-employees if the applicant provides a valet service from the place of business.
            3.   The applicant shall provide a means of motorized transit between remote lots and the place of business, when any remote lot is more than 500 feet from the place of business (measured from the nearest pedestrian access of the parking area, along the nearest public pedestrian pathway, to the front door or employee entrance of the business).
         (b)   Pedestrian and vehicular connections shall be maintained between the lots and the business(es) served.
         (c)   Shared parking agreements shall be filed with the County Register of Deeds and the city.
      (2)   Convenient municipal off-street parking is available to meet peak time parking demands of the use. The City Commission may require payment of fees to offset acquisition, construction and maintenance costs in accordance with the community parking provisions of this article.
      (3)   On-street parking spaces located along the site’s frontage are available.
      (4)   Walk-in trade can reasonably be expected due to sidewalk connections to adjacent residential neighborhoods, employment centers or other nearby commercial uses, where it can be determined that some portion of the patronage of these businesses comes from other uses (e.g., employees of area offices patronizing restaurants, and the like).
         (a)   The site design shall incorporate pedestrian connections to the site and on-site pedestrian circulation providing safe and convenient access to the building entrance.
         (b)   The reduction in the required number of spaces allowed under this division (B) shall not exceed 20%.
      (5)   Other forms of travel such as transit are available and can reasonably be expected to off-set some parking demand. The Planning Commission may require the site design incorporate pedestrian connections to nearby transit stops or bicycle parking facilities.
      (6)   A parking study, prepared by a qualified traffic engineer or transportation planner, has been submitted by the applicant demonstrating that another standard would be more appropriate based on actual number of employees, expected level of customer traffic or actual counts at a similar establishment. The Planning Commission may require a parking study to document that any one of the criteria of divisions (B)(1) to (B)(6) above would be met.
   (C)   Mixed uses. In the case of mixed uses, the total requirements for off-street parking areas shall be the sum of the requirements of the individual uses computed separately. Collective provision for off-street parking areas for two or more buildings or uses shall be permitted; provided, the total off-street parking spaces shall not be less than the sum of the requirements for the various uses computed separately. Cumulative parking requirements for mixed-use occupancies or shared facilities may be reduced by the Planning Commission, in accordance with the provisions of division (B) above.
   (D)   Community parking. The provisions of this article relative to nonresidential off-street parking may be met by participation in a municipal or community parking program designed to serve the area in which the use is located. Any community parking program shall be established by city ordinance, which shall designate the parking area; the area to be served by the parking program and the allocation of the cost of the program. The ordinance shall provide for open space to be distributed throughout the parking area, as the City Commission deems necessary for the public health, safety and general welfare.
   (E)   Maximum parking. In order to minimize excessive areas of pavement that detract from aesthetics, contribute to high rates of storm water runoff and generate added heat, the minimum parking space requirements of this article shall not be exceeded by more than 10%, unless approved by the Planning Commission as part of site plan review. In considering additional parking, the Planning Commission shall determine, based on documented evidence, that the parking is needed to accommodate the use on a typical day.
(Ord. effective 11-29-2013)