12.84.290 Incidental use
   A.   As an incident to the operation of any parking facility, the City may devote a portion of its property to uses such as retail stores, bus terminal, gasoline service station, helicopter landing area, or any other commercial use, when in its judgment it is convenient or necessary to conduct or permit such use in order to utilize the property as a parking facility. Any such incidental use shall be secondary to the primary use as a parking facility, and the portion of the land devoted to the incidental use shall not exceed twenty-five percent of the surface area of the property. If a building is erected on the property for the purpose of parking motor vehicles, the incidental use of the building shall not occupy more than twenty-five percent of the floor area.
   B.   The Mayor and Common Council shall use its best efforts to lease surplus space devoted to commercial purposes other than parking vehicles, to any person, firm, corporation, or nonprofit association or corporation as the Mayor and Common Council shall determine.
   C.   As an incidental use to a parking facility, foundations, platforms and other like structural forms may be constructed in any feasible manner, as an integral part thereof or otherwise, for provision or utilization of air rights sites for buildings to be used for, without limitation, residential, commercial or other uses; provided, that the cost of such structural forms shall be recovered from the parties utilizing such air rights sites and used, as determined by the Mayor and Common Council, to pay the costs of acquisition, construction, improvement, completion, repair, management, reconstruction, administration, maintenance or operation of the parking places involved or other parking places located within the City.
(Ord. 3589, 7-06-76)