A. Applicability of Parking Requirements. For all buildings and uses established after the effective date of this ordinance, off-street parking shall be provided as required by this chapter. In addition, the following shall also apply:
1. Whenever the use of a building or lot is changed to another classification of use, off-street parking facilities shall be provided for that use as required by this chapter.
2. If the intensity of use of any building or lot is increased through the addition of floor area, increase in seating capacity or by other means, additional off-street parking shall be provided as required by this chapter.
3. Off-street parking facilities in existence on the effective date of this ordinance shall not be reduced below the requirements of this chapter, nor shall nonconforming parking facilities that exist as of the effective date of this ordinance be further reduced or made more nonconforming.
4. An area designated as required off-street parking including areas reserved for landbanked parking shall not be changed to another use unless equal facilities are provided elsewhere in accordance with the provisions of this chapter.
B. Location.
1. Off-street parking facilities required for one and two-family dwellings shall be located on the same lot as the building(s) they are intended to serve and shall consist of a driveway and garage.
2. Off-street parking facilities required for all other uses shall be located on the lot where the parking is required. In the event that required parking is proposed on a lot in common ownership or leasehold with the lot where the parking is required, the applicant must present and record a permanent easement and parking agreement for access and parking.
3. All driveways, drives, roadways and sidewalks used or intended for use as access to buildings or uses in a non-residential district, or for any other use or purpose, including access for emergency vehicles and apparatus, shall be located in their entirety within the area zoned for that non-residential district.
C. Shared/Common Parking.
1. Two (2) or more buildings or uses may share a common parking facility, provided the number of parking spaces available equals the required number of spaces for all the uses computed separately. Cumulative parking requirements for mixed-use developments or shared facilities may be reduced by the reviewing authority where it can be determined that one (1) or more of the factors listed in Section 1161.02.D applies. In any case, the continued availability of required parking, either shared or by other means provided in this chapter, shall be made a condition of any development plan approval and/or conditional use permit approval, as provided by this ordinance.
2. Parking facilities for a place of worship or similar sporadically used facility may be used to meet up to 50% of the off-street parking for theaters, stadiums and other places of public assembly, stores and office buildings within 300 feet of the facility, as measured from the nearest edge of the parking area to the nearest public entry point of the building or use provided that the facility makes the spaces available and there is no conflict between peak times when the uses are in need of the parking facilities.
3. A request for shared parking that will result in fewer than the total number of spaces required for all uses separately may be approved by the reviewing authority as part of the development plan review if supported by a shared parking analysis. A shared parking analysis must address, at a minimum, the size and type of the proposed development or combination of uses, the composition of tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.
4. A shared parking plan shall be enforced through written agreement among all owners of record and included in the development plan filed with the City. The owner of the shared parking area shall enter into a written agreement including access and parking easements, with authorization for enforcement by the City. The agreement shall state:
a. The land comprising the parking area shall remain subject to the easement and parking agreement in perpetuity, in conjunction with the sale of the building which the parking area serves; and
b. The owner agrees to bear the expense of recording the agreement which shall bind his or her heirs, successors, and assigns.
5. An attested copy of the shared parking easement and agreement between the owners of record shall be submitted to the Planning and Development Director and recorded in a form established by the Law Director. The easement and agreement must be recorded before issuance of a building permit or certificate of occupancy for any use to be served by the shared parking area. A shared parking easement and agreement may only be revoked if all required off-street parking spaces will be provided on-site following the review and approval of the City. Upon written request signed by all property owners of record, the City may approve the parties' recission of the written agreement and the City may consent to satisfaction and release of the easement but only if other off-street facilities are provided in accord with this Zoning Code.
D. Modification of Parking Requirements. The reviewing authority may reduce the parking space requirements of this chapter for any use, based upon a finding that one (1) or more of the following conditions shall be met:
1. Other forms of travel (such as transit, bicycle or pedestrian) are available and likely to be used and, in particular, the site design will incorporate both bicycle parking facilities and pedestrian connections.
2. Shared parking is available to multiple uses where there will be a high proportion of multipurpose visits or where uses have peak parking demands during differing times of the day or days of the week and meeting the following requirements:
a. Pedestrian connections shall be maintained between the uses; and
b. Unless the multiple uses are located on parcels under the same ownership, shared parking agreements shall be filed as required in Subsection C5 above.
3. Expectation of walk-in trade is reasonable due to sidewalk connections to adjacent residential neighborhoods or employment centers. The site design incorporates pedestrian connections to and through the site, providing safe and convenient access to the building entrance.
4. The applicant has provided a parking study, conducted by a qualified transportation engineer, demonstrating that another standard would be more appropriate based on actual number of employees, expected level of customer traffic or actual counts at a similar establishment.
E. Landbanked Parking.
1. Where an applicant demonstrates that the parking requirements for a proposed use would be excessive, the reviewing authority may defer the construction of a portion of the required parking to a time in the future when it becomes apparent to the City that the parking spaces need to be constructed. The development plan shall designate areas of the site for future construction of the required parking spaces, meeting the design and dimensional requirements of this chapter. Any area so designated shall be maintained in a landscaped appearance and not occupy required street lawns or buffer zones or be used for any other purpose.
2. The landbanked parking shall meet the requirements of this chapter if constructed. Construction of the additional parking spaces within the landbanked parking area may be initiated by the owner or required by the City, based on parking needs or observation, and shall require approval of an amended development plan which may be approved by the Planning and Development Director.
F. Maximum Allowed Parking. In order to minimize excessive areas of pavement that detract from aesthetics, contribute to high rates of storm water runoff and generate reflective heat, the minimum parking space requirements of this section shall not be exceeded by more than 20%, unless approved by the reviewing authority as part of development plan review or if the parking spaces are located within a multi-level parking structure. In approving additional parking spaces, the reviewing authority shall determine that the parking is necessary, based on documented evidence, to accommodate the use on a typical day. Further, any parking spaces provided in excess of 20% more than the minimum requirement shall only be located on permeable surfaces approved by the City Engineer.
(Ord. 2017-32. Passed 5-2-17.)