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(a) Generally, off-site parking spaces for development constructed in accordance with a building permit filed after June 28, 1984, may be approved by the director/planning board if (1) the development is in a parking lot district; or (2) the property proposed to be used for such required parking is plat-restricted, deed-restricted or is a meeting center restricted under a joint use agreement subject to (b) below. The restrictions must specify that the property provides the required parking spaces for a use on another property. Such restrictions may be lifted if substitute off-site or leased property is found or if the use ceases to exist.
(b) Joint parking areas are permitted for meeting centers subject to acceptance by the Director of a contractual joint use agreement in accordance with the following:
(1) The operations sharing the joint use will be subject to the requirements of Sec. 59-E-3.1 Mixed uses.
(2) The properties used for such joint use will be under the unified control of the parties concerned with such joint use and are subject to a written joint use agreement to be submitted with a parking facilities plan. The minimum term for the joint use agreement must be five years.
(3) Agreement by both parties in a joint use arrangement to immediately notify the Director of any changes to the joint use arrangement and provide the Director with at least one (1) month notification of any pending termination of the agreement.
(4) Agreement by any applicant under such a joint use arrangement to immediately cease or limit his use as required should the joint use arrangement be nullified and sufficient alternate parking not be found before the end of the one (1) month notification period.
(5) A subsequent change in use or in the joint use agreement requires a new use and occupancy permit, and proof that sufficient parking will be available.
(c) Where existing off-site parking spaces that provide required parking for a use constructed in accordance with a building permit filed prior to June 28, 1984 are eliminated, the owner shall comply with one of the following conditions:
(1) Build or lease the additional required parking spaces in order to conform with the parking requirements of this article.
(2) If located within a parking lot district, satisfy condition (1) above or pay the annual ad valorem tax.
(3) If applicable, take advantage of credit schedules contained in section 59-E-3.3 in order to reduce the amount of parking required.
(d) Failure to comply with subsection (c) above within one year of termination of the required off-site parking shall be cause to classify the use on the applicable property as nonconforming, so long as the use satisfied all lawful requirements in effect prior to June 28, 1984.
(Legislative History: Ord. No. 10-32, § 11; Ord. No. 13-58, § 4.)
Note-See the Editor's note to § 59-E-3.7.