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Where the Planning Commission is satisfied that the location, nature, and uniqueness of a particular use make a variance from the minimum amount of required off-street parking spaces appropriate, the Planning Commission may, upon application, permit up to fifty (50) percent of the required off-street parking area to remain unimproved and retained in a landscaped area subject to all of the following requirements:
(a) The applicant must retain the ability to convert the unimproved and landscaped area into improved parking;
(b) The applicant must present a signed agreement with the Community Development office setting forth the terms and conditions that would trigger the conversion of unimproved and landscaped area into improved parking and/or return the matter to the Planning Commission to determine how much (if any) of the unimproved and landscaped area may remain unimproved; and
(c) Upon motion to the Planning Commission and after a public hearing, the Planning Commission shall always retain the right to require an applicant to convert some or all of the unimproved and landscaped area into improved parking sufficient to meet the minimum required off-street parking.
(Ord. 2013-121. Passed 11-20-13.)