The planning commission may, upon application by the owner or lessee of any property, authorize the joint use of parking facilities by the following uses or activities under the conditions specified herein:
A. Up to fifty percent (50%) of the parking facilities required by this chapter for a use considered to be primarily a daytime use may be provided by a use considered to be primarily a nighttime use; up to fifty percent (50%) of the parking facilities required by this chapter for a use considered to be primarily a nighttime use may be provided by a use considered to be primarily a daytime use, provided that such reciprocal parking area shall be subject to conditions as set forth in subsection C of this section.
B. 1. The following uses are typical daytime uses: banks, business and professional offices, retail stores, personal service shops, clothing or shoe repair or service shops, and similar uses.
2. The following uses are typical of nighttime and/or Sunday uses: auditoriums, fraternal lodges, churches and theaters.
C. Conditions required for joint use:
1. A building or use for which application is being made for authority to utilize the existing off street parking facilities provided by another building or use, shall be located within one hundred fifty feet (150') of such parking facilities.
2. The applicant shall show that there is no substantial conflict in the principal operating hours for the buildings or uses for which the joint use of off street parking facilities is proposed.
3. Parties concerned in the joint use of off street parking facilities shall evidence agreement for such joint use by a proper legal instrument approved by the city attorney as to form and content. (Ord. 1000 § 40.40, 1955)