The City Council may, after receiving a report and recommendations from the Planning Commission, approve as applicable a conditional use permit for long term permanent joint parking facilities as regulated under the provisions of chapter 4 of this title, or an interim use permit for short term temporary joint parking facilities as regulated under the provisions of chapter 5 of this title, for one (1) or more businesses to provide the required off street parking facilities by joint use of one (1) or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a permit except when the following conditions are found to exist:
A. Up to fifty percent (50%) of the parking facilities required for a conference center, theater, bowling alley, banquet hall, bar or restaurant may be supplied by the off street parking facilities provided by types of uses specified as primarily daytime uses in subsection D of this section.
B. Up to fifty percent (50%) of the off street parking facilities required for any use specified under subsection D of this section as primary daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses: auditoriums incidental to a public or parochial school, religious buildings, bowling alleys, banquet halls, theaters, bars, apartments, restaurants, or health clubs.
C. Up to eighty percent (80%) of the parking facilities required by this chapter for a religious building or for any auditorium incidental to a public or parochial school may be supplied by the off street parking facilities provided by uses specified under subsection D of this section as primarily daytime uses.
D. For the purpose of this section the following uses are considered as primarily daytime uses: banks, business offices, manufacturing, wholesale and similar uses, as determined by the Zoning Administrator.
E. Conditions required for joint use:
1. The building or use for which application is being made to utilize the off street parking facilities provided by another building or use shall be located within five hundred feet (500') of such parking facilities.
2. There shall be no substantial conflict in the principal operating hours of the two (2) buildings or uses (for which joint use of off street parking facilities is proposed).
3. A properly drawn legal instrument, executed by the parties involved in joint use of off street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Clerk and recorded with the Dakota County Recorder. The legal instrument shall legally bind all parties and provide for amendment or cancellation only upon written approval from the City. (Ord. 674, sec. 1, 7-17-2000)