772.11   OFF-SITE AND SHARED PARKING.
   (a)   Two or more institutional, commercial, or industrial uses are encouraged to share parking facilities in compliance with this section. The Planning Commission may approve a development plan with such a reduction, or reallocation, in the number of parking spaces required when the Planning Commission determines:
      (1)   That, because of varying peak demands, the uses can be adequately accommodated with a lesser number of parking spaces than that which are required based on the sum of the various uses computed separately;
      (2)   That the lesser number of spaces, or the reallocation of the required parking spaces, is appropriate and consistent with these regulations;
      (3)   That not more than 50% of the required parking spaces shall be shared; and
      (4)   That the location of the shared or reallocated parking will provide convenient and safe access from the shared parking area to the use that the shared parking is serving.
   (b)   Shared Parking Application. In addition to all other submission requirements applicable for the proposal, an applicant requesting a shared parking arrangement shall also provide:
      (1)   Evidence, as determined by the Planning Commission, that the two land uses have differing peak-hours (or days, or seasons) of parking demand, or that the total parking demand at any one time would be adequately served by the total number of parking spaces being proposed.
      (2)   An agreement between property owners if the shared parking area and the use served is in two or more separate ownerships. Such agreement shall address such items, but not be limited to, use of facilities, maintenance, utilities taxes, signage, enforcement, cooperation, insurance, indemnification, and termination. The Law Director shall approve the form and completeness of such agreement.
   (c)   Residential uses are not permitted to share parking facilities pursuant to this section.
(Ord. 05-12. Passed 7-23-12.)