(A) The Board of Commissioners recognizes that, due to the particularities of a given development, the inflexible application of the parking standards set forth in § 152.461(E) may result in a development either with inadequate parking space or with a number of parking spaces that are far in excess of needs. The former situation may lead to traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots. The latter situation wastes money as well as space that could be used more desirably for valuable development or environmentally useful open space; therefore, as suggested in § 152.461, the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) may permit deviations from the presumptive requirements of § 152.461(E) and may require more parking or allow less parking whenever the permit-issuing authority finds that such deviations are more likely to satisfy the standard set forth in § 152.461(A).
(B) Without limiting the generality of the foregoing, the permit-issuing authority may allow deviations from the parking requirements set forth in § 152.461(E) when it finds that:
(1) A residential development is irrevocably oriented toward the elderly; and/or
(2) A business is primarily oriented to walk-in trade.
(C) Whenever the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) allows or requires a deviation from the presumptive parking requirements set forth in § 152.461(E), said authority shall enter on the face of the permit the parking requirement that it imposes, and the reasons for allowing or requiring the deviation.
(D) If the permit-issuing authority (Land Use Administrator, Board of Adjustment, or Board of Commissioners) concludes, based upon information it receives in the consideration of a specific development proposal, that the presumption established by § 152.461(E) for a particular use classification is erroneous, then said authority shall initiate a request for an amendment to the table of parking requirements in accordance with the procedures set forth in §§ 152.565 through 152.571.
(Ord. passed 12-20-2001) Penalty, see § 152.999