1149.17 OFF-STREET PARKING AND LOADING FACILITY MODIFICATIONS.
   (a)   Off-Street Parking and Loading Facility Modification. Applicants may request a waiver from a required off-street parking or loading facility standard found in this chapter when it is shown that a site presents unique physical constraints and challenges in meeting the standard and that the overall intent of this off-street parking and loading facility chapter can be satisfied if a waiver is granted.
   (b)   Parking Space Modification. Applicants for new development and expansion projects located within a nonresidential zoning district may request a waiver from the minimum number of off-street parking spaces required by this chapter when it is shown that adequate off-street parking area is not available to meet the required standards and the existence of other parking arrangements will satisfy the parking space requirements including, but not limited to utilizing one or both of the following methods:
      (1)   On-street parking.
      (2)   Off-street parking located on an adjacent lot or lot in close proximity to the subject parcel.
   (c)   Procedure. A request to modify a required off-street parking or loading facility standard as required in this chapter shall be made in writing to the Building Commissioner by the applicant and shall provide a detailed statement and supporting documentation regarding the unique nature and circumstances warranting the requested modifications.
      (1)   The Planning Commission shall review the waiver request and approve, deny or approve with conditions or modifications during the preliminary development plan review phase.
      (2)   The Planning Commission may apply one or more conditions on an approved waiver to ensure the goals and intent of this off-street parking and loading facility chapter are satisfied.
(Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)