(A) Off-street parking and loading regulations shall not apply to uses approved or existing prior to the enactment of this subchapter. All off-street parking regulations apply to the Central Business District (i.e. downtown districts) unless otherwise stated in § 162.093.
(B) The Director of Planning and Development or his or her authorized designee may grant a parking reduction for commercial developments, industrial developments and mixed-use developments not to exceed 20% of the required parking. For parking reductions greater than 20% of the required parking, the applicant must petition the Zoning Board of Appeals. To qualify, the applicant must submit documentation which meets the following criteria, as applicable, during the site plan review process:
(1) The parking needs will be adequately served;
(2) A mix of residential uses with either office or retail uses is proposed, and the parking needs of all uses will be accommodated through shared parking;
(3) If shared use of common parking is proposed, varying time periods of use will accommodate proposed parking needs. The applicant shall show there is no substantial conflict in the principal operating hours of the buildings or uses (activities) for which the shared use of parking is proposed;
(4) The applicant provides an acceptable proposal for an alternate mode of transportation program, including a description of existing and proposed facilities and assurances that the use of alternate modes of transportation will continue to reduce the need for on-site parking on an ongoing basis; and
(5) The joint use of abutting traversable driveways on adjoining properties may be permitted to satisfy the driveway requirements of this subchapter subject to the following conditions:
(a) A recordable instrument conveying the right of shared use, duly executed by the effected property owners, is furnished to Corporate Counsel and recorded by the County Recorder of Deeds;
(b) The instrument is approved by the Corporate Counsel; and
(c) The instrument shall clearly state that it is terminable only with the consent of the city.
(C) If any reduction sought under this section is directly related to the nature of the use and occupancy of the property, any material change in the use of occupancy shall nullify the reduction.
(1980 Code, § 29.605) Penalty, see § 162.999