The city may authorize that required off-street parking spaces and vehicular use areas remain as unimproved reserve area as follows.
   (A)   Parking deferral.
      (1)   To avoid requiring more parking spaces than actually needed to serve a development, the City Commission may defer the provision of some portion of the off-street parking spaces required by this code if the conditions and requirements of this section are satisfied.
      (2)   As a condition precedent to obtaining a partial deferral by the City Commission, the developer must show any one or more of the following:
         (a)   A parking study as defined in this appendix indicates that there is not a present need for the deferred parking.
         (b)   Public transportation satisfies transportation demands for a portion of the users of the facility that corresponds to the amount of parking sought to be deferred.
         (c)   The developer has established or will establish an alternative means of access to the use that will justify deferring the number of parking spaces sought to be deferred. Alternative programs that may be considered by the City Commission include, but are not limited to:
            1.   Private and public car pools and van pools;
            2.   Charging for parking;
            3.   Subscription bus services;
            4.   Flexible work-hour scheduling;
            5.   Capital improvement for transit services;
            6.   Ride sharing; or
            7.   Establishment of a transportation coordinator position to implement car pool, van pool and transit programs.
         (d)   The percentage of parking spaces sought to be deferred corresponds to the percentage of residents, employees and customers who regularly walk, use bicycles and other non-motorized forms of transportation, or use mass transportation to come to the facility.
      (3)   If the developer satisfies one or more of the criteria in subdivision (2), the City Commission may approve a deferred parking plan submitted by the developer. The number of parking spaces deferred shall correspond to the estimated number of parking spaces that will not be needed because of the condition or conditions established.
      (4)   A deferred parking plan:
         (a)   Shall be designed to contain sufficient space to meet the full parking requirements of this code, shall illustrate the layout for the full number of parking spaces, and shall designate which are to be deferred.
         (b)   Shall not assign deferred spaces to areas required for landscaping, buffer zones, setbacks or areas that would otherwise be unsuitable for parking spaces because of the physical characteristics of the land or other requirements of this code.
         (c)   Shall include a landscaping plan for the deferred parking area.
         (d)   Shall include a written agreement with the city that, one year from the date of issuance of the certificate of occupancy, the deferred spaces will be converted to parking spaces that conform to this code at the developer's expense should the City Commission determine from experience that the additional parking spaces are needed.
         (e)   Shall include a written agreement that the developer will cover the expense of a traffic study to be undertaken by the City Transportation Engineer to determine the advisability of providing the full parking requirement.
      (5)   When authorized by the City Commission upon a preliminary finding that the parking is inadequate, but not sooner than one year after the date of issuance of the certificate of occupancy for the development, the city shall undertake a study to determine the need of providing the full parking requirement to satisfy the proven demand for parking.
      (6)   Based upon the study and the recommendations of the City Engineer and the City Planner, the City Commission shall determine if the deferred spaces shall be converted to operable parking spaces by the developer or retained as deferred parking area.
      (7)   The developer may at any time request that the City Commission approve a revised development plan to allow converting the deferred spaces to operable parking spaces.
   (B)   For occasional parking. Up to 40% of required parking spaces, where the city finds that the parking lot is to be used for occasional parking only (approximately one to two times per week); and provided that all accessways and aisles shall be paved.
   (C)   For temporary or interim parking. Up to 100% of required parking spaces, where the facility will be used on only a temporary or interim basis (not more than 90 days).
   (D)   Reduction for mixed or joint use of parking spaces. The City Commission shall authorize a reduction in the total number of required parking spaces for two or more uses jointly providing off-street parking when their respective hours of need of maximum parking do not normally overlap. Reduction of parking requirements because of joint use shall be approved if the following conditions are met:
      (1)   The developer submits sufficient data to demonstrate that hours of maximum demand for parking at the respective uses do not normally overlap.
      (2)   The developer submits a legal agreement approved by the city guaranteeing the joint use of the off-street parking spaces as long as the uses requiring parking are in existence or until the required parking is provided elsewhere in accordance with the provisions of this code.
(Ord. 241, passed 11-27-85; Am. Ord. 570, passed 10-3-91)