(A) Waiver of parking standards.
(1) A property owner may request a waiver from the off-street parking requirements contained within the zoning regulations by filing and application for parking waiver with the Commission. A request for a waiver may be made for any permitted use in any zone. Waivers granted will be for the specific use stated in the request only. Waivers will not run with the land and are not transferable to other uses or other lots.
(2) A request for parking waiver shall be accompanied by a development plan and completed application form. The application shall contain the name of all adjoining property owners, so that notification of the waiver request may be sent to those owners. As part of the waiver request, the applicant shall have the burden of proof in showing that there will be no adverse impact upon the neighborhood or general area by the granting of the waiver.
(3) In granting a waiver for parking, the Commission shall consider the following:
(a) The special circumstance of the proposed use;
(b) The peak demand for parking that the proposed use would require;
(c) The potential for on street parking or public parking in the general area: and
(d) The guidelines listed in the comprehensive plan.
(4) The Commission may also consider other factors it may deem relevant in making its decision. In granting a waiver, the Commission shall not reduce the number of parking spaces by more than 50% when 50 or fewer spaces are required and shall not reduce the number of parking spaces by more than 30% when 51 or more spaces are required. The Commission may not increase the number of parking spaces by more than 50% of the required number of parking spaces as provided by the zoning regulations. A waiver of the required number of parking spaces does not exempt the parking area and development from any other requirements of the zoning regulations.
(B) Waiver not required. A property owner does not have to request a waiver from the off- street parking requirements when there is a reciprocal (joint use) parking agreement on file with the Department, the properties involved in the agreement are adjacent or are part of a shopping center or other common development project and the properties involved in the agreement jointly meet the minimum off-street parking requirements for all properties involved in the agreement.
(Ord. 06-2008, passed 6-16-2008, § 6.14; Ord. 27-2012, passed 12-3-2012; Ord. 10-2014, passed 4-7-2014; Ord. 24-2016, passed 12-19-2016; Ord. 17-2023, passed 8-21-2023)