14-5A-3: MAXIMUM PARKING ALLOWED:
   A.   Purpose: Certain areas and zones of the city are subject to a limit on the amount of parking provided due to a desire to foster compact, pedestrian oriented areas close to the downtown, the university, and in neighborhood commercial areas adjacent to residential neighborhoods. The maximum parking standards are a tool to prevent the development of excess parking capacity on a site. Limiting the amount of land devoted to parking will make additional land available for building area, open space, pedestrian amenities, and other productive uses and will reduce stormwater runoff and protect water quality by limiting the amount of impervious surface on a site. To further that goal, off street parking in the central business district is generally provided in municipally owned parking facilities, rather than in private surface lots or structures. Providing conveniently located public parking facilities reserves land in the downtown for more intensive commercial and civic uses and prevents large surface parking lots from damaging the pedestrian friendly character of the central business district.
   B.   CN-1 Zone: In the CN-1 zone, the number of parking spaces provided may not exceed one hundred ten percent (110%) of the number of parking spaces required, except if granted a special exception to exceed this limit by the board of adjustment. (Ord. 05-4186, 12-15-2005)
   C.   CB-5 Zone: (Rep. by Ord. 14-4586, 6-3-2014)
   D.   CB-10 Zone:
      1.   Off street parking is not required for any use, except household living uses, as specified in section 14-5A-4, table 5A-1 of this article.
      2.   Private, off street parking is permitted only after approval of a special exception, except for hospitality oriented retail uses and household living uses as specified in the following subsections.
      3.   Hospitality oriented uses are allowed up to one and one-fourth (11/4) parking spaces for each guestroom and parking spaces equal to one-third (1/3) the occupant load of any meeting or convention facilities without going through the special exception process. Any parking spaces allowed under this maximum must meet the standards specified in subsections D5b through D5e of this section. Any parking spaces requested beyond this maximum must be approved by the board of adjustment as a special exception and meet all of the approval criteria listed in subsection D5 of this section. (Ord. 08-4326, 12-22-2008)
      4.   Household living uses must provide parking according to section 14-5A-4, table 5A-1 of this article. The parking must meet the standards specified in subsections D5b through D5e of this section. If there is practical difficulty providing the required parking for household living uses on site, off site parking for household living uses may be approved according to the provisions of subsection 14-5A-4F, "Alternatives To Minimum Parking Requirements", of this article. (Ord. 14-4586, 6-3-2014)
      5.   In addition to the general special exception approval criteria specified in chapter 4, article B of this title, applications for a special exception for private off street parking in the CB-10 zone must meet the following specific approval criteria:
         a.   The applicant must demonstrate through a parking demand analysis that the number of parking spaces requested does not exceed the demand for parking for the specific building or project proposed and that the parking demand cannot be satisfied through the public parking system. Short term parking demand is preferred to be satisfied through the public parking system.
         b.   Surface parking is not permitted.
         c.   Underground parking is preferred over aboveground structured parking. The design of any underground parking must not detract from or prevent active building uses on the ground level floor of the building. To that end, the ceiling height of any underground parking level may not extend more than one foot (1') above the level of the adjacent sidewalk. On sloping building sites and for existing buildings, the city may adjust this requirement. However, on sloping sites at least a portion of the ground level floor height of any new building must be located no more than one foot (1') above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground level floor of the building must be no more than three feet (3') above the level of the abutting public sidewalk or pedestrian plaza at any point along a street-facing building facade.
         d.   Aboveground structured parking may be approved only by special exception according to the standards in subsection D5e of this section.
         e.   Where parking is located within the exterior walls of a building, the following standards apply: (Ord. 08-4326, 12-22-2008)
            (1)   The proposed structured parking will not detract from or prevent ground floor storefront uses. Structured parking may be permitted on the ground level floor of a building, provided that a substantial portion of the ground level floor of the building is reserved for and built to accommodate storefront uses. On the ground level floor of the building, parking is not allowed within the first fifty feet (50') of building depth as measured from the front building line. The board of adjustment may reduce this storefront depth requirement if the applicant demonstrates that conditions on the subject property create a practical difficulty in achieving full compliance. In such a case, the applicant must demonstrate that the resulting alternative storefront space, both the interior and exterior, will be of a quality in both design and materials that will enhance the commercial character of the central business district. To mitigate for loss of ground floor commercial space, the board may also require additional quality commercial space be included on an upper floor or mezzanine level and said space be reserved for nonresidential uses. (Ord. 11-4450, 10-18-2011)
            (2)   Vehicular access to parking within buildings must be from a rear alley or private rear lane, whenever feasible. Garage openings along the primary street frontage are not permitted if access is feasible from another street or from a rear alley, private street or private rear lane. If there is no other feasible alternative, a garage opening may be allowed along the primary street frontage, if the board determines that the opening(s) will not detract from or unduly interrupt pedestrian flow along the street and traffic and pedestrian safety will not be compromised. Garage openings shall be built to the minimum width necessary for access.
            (3)   Any exterior walls of a parking facility that are visible from a public or private street must appear to be a component of the facade of the building through the use of building materials, window openings and facade detailing that is similar or complementary to the design of the building.
            (4)   Each entrance and exit to the parking area must be constructed so that vehicles entering or leaving the parking area are clearly visible to a pedestrian on any abutting sidewalk at a distance of not less than ten feet (10'). Stop signs and appropriate pedestrian warning signs may be required. (Ord. 08-4326, 12-22-2008)