§ 160.344 JOINT FACILITIES AND DRIVEWAYS.
   (A)   Joint facilities.
      (1)   Except in the R-1 and R-2 Districts and as herein provided, required off-street parking facilities serving two or more uses may be located on the same lot or in the same structure; provided that, the total number of parking spaces furnished shall not be less than the total sum of the separate requirements for each use.
      (2)   The City Council may, after receiving a report and recommendation from the Planning Commission, approve a conditional use permit for one or more businesses to provide the required off-street parking facilities by joint use of one 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 the permit be granted, nor the Council approve a permit, except when the following conditions are found to exist:
         (a)   Up to 50% of the parking facilities required for a theater, bowling alley, dance hall, bar or restaurant may be supplied by the off-street parking facilities provided by types of uses specified as primarily daytime uses in division (A)(2)(d) below;
         (b)   Up to 50% of the off-street parking facilities required for any use specified under division (A)(2)(d) below 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 institutions, bowling alley, dance hall, theaters, bar or restaurant;
         (c)   Up to 80% of the parking facilities required by this chapter for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities provided by uses specified under division (A)(2)(d) below as primarily daytime uses;
         (d)   For the purpose of this section, the following uses are considered as primarily daytime uses: banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale and similar uses;
         (e)   Other joint use of parking facilities that may be found to be in keeping with the intent of this chapter; provided that, the conditions in division (A)(2)(f) below and any other imposed by the City Council are met; and
         (f)   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 300 feet of the parking facilities and not separated by a public way.
            2.   The applicant shall show that there is not substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed.
      (3)   A properly drawn legal instrument, executed by the parties concerned for 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 Administrator and recorded with the county’s Register of Deeds.
   (B)   Joint driveways. Joint driveways serving and being located on more than one property are allowed under the following conditions:
      (1)   The right-of-way and maintenance agreements be drafted and filed with the county on the properties affected;
      (2)   The curb cut width shall not exceed existing allowable widths established by this chapter; and
      (3)   Off-street parking spaces required by a district shall be provided for each property as required by use. The portion of the driveway that is shared by the properties shall not be used to meet the requirements of this chapter for off-street parking.
(Prior Code, § 1121.15) (Ord. 445, passed 07-25-1988; Ord. 844, passed 05-20-2010; Ord. 900, passed 05-26-2015)