Whenever the parking requirements for a proposed use based on the application of the standards specified in Section 1270.04 can be shown by the applicant to result in an excessive number of parking spaces and that a lesser number of spaces is appropriate and consistent with these regulations, the Planning Commission may approve a development plan with a reduction in the required spaces according to the following provisions:
(a) Joint Use. Up to fifty percent of the required off-street parking facilities for a church, theater, or similar use may be supplied by off-street parking facilities provided for certain other uses, such as banks, offices, or service uses, which are not normally open or in use at the time of the principal operating hours of churches, theaters, or similar uses. Conversely, up to fifty percent of the required off-street parking for banks, offices, or service establishments may be supplied by parking facilities provided for churches, theaters, or similar uses. In either case, a properly drawn legal instrument shall be executed between the affected parties. Such instrument shall be approved as to form and manner of execution by the Law Director and shall be subject to review and approval by the Planning Commission.
(b) Mixed Occupancies. In the case of mixed uses, the total requirements for off-street parking or loading facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking and loading facilities provided for one use shall not be construed as providing such facilities for another use, except as specified for a joint use in subsection (a) hereof.
(c) Collective Provision of Facilities. Nothing in this chapter shall be construed to prevent collective provision of off-street parking or loading facilities for two or more buildings or uses, provided that the total of such off-street spaces supplied collectively is not less than the sum of the requirements for the various uses computed separately, and provided, further, that the requirements of maximum distances between parking areas and the establishments such areas serve, as set forth in Section 1270.06, shall apply.
(d) Reduction of Required Spaces in the Historic Area Conservation District. In recognition of the historic, compact character of buildings in the Historic Area Conservation District, as well as the less efficient use of the floor area of those buildings, the Planning Commission may approve as a conditional use a development plan with a reduction in the requirements of Section 1270.04. In making such determination, the Planning Commission shall consider the following criteria:
(1) The character of the proposed use, the design of the building and the ability of the proposed use to reinforce the existing environment.
(2) The availability and accessibility of public parking spaces, both on-street and within public parking lots.
(3) The availability of parking areas on adjacent sites, considering the hours of operation of the proposed use compared to adjacent uses.
(4) The potential negative impact to the character of the District if the requisite number of parking spaces are provided.
(Ord. 24-97. Passed 10-14-97.)
(e) Deferred Construction of Required Spaces. If the number of parking spaces required in Schedule 1270.04 is substantially larger than the number anticipated by the applicant and the applicant provides sufficient evidence that supports the reduced parking needs, a development plan may be approved with an allowance for the construction of fewer parking spaces, provided that:
(1) The total number of spaces initially constructed shall not be less than seventy percent of the spaces required by Schedule 1270.04.
(2) Adequate land area is reserved, if the Planning Commission so requires, for all or a portion of the reduced number of spaces otherwise required by Schedule 1270.04. Such suitable areas shall be illustrated on the development plan in locations and with landscaping in full compliance with this Zoning Code.
(3) The Planning Commission, upon reevaluation of the project's parking needs, may at any time direct that some or all of the parking spaces identified in paragraph (e)(2) hereof be constructed. If such additional parking spaces are required, they shall be provided according to the approved development plan.
(Ord. 89-99. Passed 12-14-99.)