When an existing building or use, except residential, does not conform to parking requirements as set forth in this chapter, and where land is not available for parking on the same lot, the Planning and Design Commission may modify the location of parking facilities to permit such facilities on an adjoining lot under the same ownership or may modify the location of parking facilities to permit such facilities to be shared in an amount not to exceed fifty percent (50%) of the parking requirements in an adjoining Civic and Recreational District where the main use(s) normally has different hours of operation. Where there is a joint use of parking facilities on an adjoining lot under the same ownership or in an adjoining Civic and Recreational District, there shall be a written agreement covering such indefinite period of time as may be required by the Planning and Design Commission whereby the owner of the land on which the parking facilities are to be located shall be bound by a long term lease or by a covenant filed and recorded in the office of the County Recorder requiring such owner, his heirs, successors or assigns to maintain a required number of parking facilities for the duration of the use served as a condition precedent to the continuation of such use provided however that the joint use of such spaces shall not reduce the number exclusively provided for the use or uses on such adjoining lot to less than that required by this chapter and provided further that should any of the uses on such adjoining lot be changed so as to require additional parking spaces or the joint use of the facilities be discontinued, then the required spaces for the use or uses served by such facilities shall be provided on another adjoining lot under the same ownership as a condition precedent to the continued use of such building(s) or use(s). (Ord. 95-71. Passed 10-16-95.)