1171.10 MODIFICATIONS.
   The Planning and Zoning Commission may authorize a modification, reduction, or waiver of the foregoing requirements if such action is warranted.
   (a)   Reduced number of parking spaces required.
      (1)   As part of any Site Plan Review, the applicant therefor may request as part of the review a waiver of the minimum specified number of parking spaces as set forth within this chapter.
      (2)   In such event, if the Planning & Zoning Commission, finds as part of such site plan review that due to the special circumstances the minimum specified number of parking spaces required as set forth in this chapter are not required in the interests of public health, safety and general welfare or are inappropriate because of the particular nature of the plans for which such site plan approval is being sought, the Planning & Zoning Commission may as part of the site plan approval reduce the minimum specified number of parking spaces otherwise required by no more than thirty percent (30%). Any such reduction shall be subject to specific conditions and measures which may be imposed by the Planning & Zoning Commission.
      (3)   In addition thereto, any such reduction in the minimum specified number of parking spaces shall typically include the following conditions:
         (a)   The reservation of land areas on the site for use as additional parking spaces, in an amount equal to the reduction as indicated on the site plan, should these additional spaces be required for some future use.
         (b)   The monetary contribution to City funds specifically designated for improvements of public parking, bike and pedestrian and City transportation shall be a maximum of 15% of the cost saving realized from the reduction.
      (4)   Any such reduction in the minimum specified number of parking spaces shall also include as a condition thereof the procedure for determining the necessity of using some or all of any such reserved land areas for additional parking spaces. Upon any change in use and/or occupancy of the improvements for which such off-street parking spaces are required, the owner of the property upon which such improvements are situated shall notify the Building & Zoning Administrator based on observation or complaint that the reduced parking is insufficient, then any previously granted reduction in the minimum specified number of parking spaces shall be subject to further review and revision.
      (5)   Under all circumstances, the granting of a reduction in the minimum specified number of parking spaces as required shall not be approved if such action has the effect of nullifying the intent and purpose of the Comprehensive Master Plan or other provisions of this zoning chapter. Any certificates of occupancy issued for improvements for which the off-street parking reduction has been granted shall contain a notation to the effect that such premises are subject to the off-street parking waiver granted under this section and any conditions related thereof.
   (b)   Increased number of required parking spaces.
      (1)   As part of any Site Plan Review, the applicant therefor may request as part of the review an increase beyond the minimum specified number of parking spaces as set forth within this chapter.
      (2)   In such event, if the Planning and Zoning Commission finds as part of such site plan review that due to the special circumstances the minimum specified number of parking spaces required as set forth in this chapter is not adequate, that number may be increased in the interests of public health, safety and general welfare or appropriate because of the particular nature of the plans for which such site plan approval is being sought, the Planning and Zoning Commission may as part of the site plan approval increase the minimum specified number of parking spaces otherwise required by no more than thirty percent (30%). Any increase shall be subject to specific conditions and measures which may be imposed by the Planning & Zoning Commission.
      (3)   In addition thereto, any such increase in the minimum specified number of parking spaces shall typically include the following conditions:
         (a)   The removal of the additional parking spaces, in an amount equal to the increase, should these additional spaces not be required for some future use.
         (b)   The monetary contributions to City funds specifically designated for improvements of public parking, bike and pedestrian and City transportation shall be a maximum of 15% of the reasonable cost for the marginal increase of the minimum parking.
      (4)   Any such increase in the minimum specified number of parking spaces shall also include as a condition thereof the procedure for determining the necessity of removing some or all of any such additional parking spaces. Upon any change in use and/or occupancy of the improvements for which such off-street parking spaces are required, the owner of the property upon which such improvements are situated shall notify the Building & Zoning Administrator based on observation or complaint that the increased parking is not needed, then any previously granted increase in the minimum specified number of parking spaces shall be subject to further review and revision.
      (5)   Under all circumstances, the granting of a increase in the minimum specified number of parking spaces as required shall not be approved if such action has the effect of nullifying the intent and purpose of the Comprehensive Master Plan or other provisions of this zoning chapter. Any certificates of occupancy issued for improvements for which the off-street parking increase has been granted shall contain a notation to the effect that such premises are subject to the off-street parking waiver granted under this section and any conditions related thereof.
         (Ord. 2007-24. Passed 2-13-07.)
   (c)   Permeable Pavement or Permeable Pavement System.  
      (1)   Overflow or intermittent parking may be constructed of permeable pavement or permeable pavement systems as a Conditional use per Codified Ordinance Section 1111.06. In addition to meeting the requirements of Codified Ordinance Section 1111.06, all permeable pavement or permeable pavement systems shall be reveiwed by the City Engineer and/or the City Engineer's designee and be constructed per the manufacturer's specifications. Permeable paving shall not be utilized for meeting the minimum parking required per Codified Ordinance Section 1171.04.
         (Ord. 2015-6. Passed 2-10-15.)