§ 155-11.40  SHARED PARKING.
   (A)   Description.  Shared parking represents an arrangement in which two or more uses with different peak parking demand periods use the same off-street parking spaces to meet their minimum off-street parking requirements.
   (B)   Authorization and criteria.
      (1)   The Zoning Administrator is authorized to approve shared parking arrangements for uses with different hours of operation.
      (2)   The Zoning Administrator may permit parking required for one use to be supplied by the off-street parking spaces provided for another use if the Zoning Administrator determines that the uses or activities will have peak parking demands at different periods of the day or week.
      (3)   In order to approve an alternative compliance parking plan for shared parking, the Zoning Administrator must find, based on competent evidence provided by the applicant, that there is no substantial conflict in the principal operating hours of the uses for which the sharing of parking is proposed. The Zoning Administrator may utilize the Urban Land Institute's (ULI) Shared Parking methodology as a guide in reviewing the shared parking proposal submitted by the applicant.
      (4)   A request for approval of a shared parking arrangement must be accompanied by such information determined by the Zoning Administrator to be necessary to evaluate the peak parking demand characteristics or difference in hours and/or days of operation, including, but not limited to, a description of the uses and their operational characteristics, a site plan, and a parking study that justifies the reduction in parking requested, as prepared by a licensed professional traffic engineer or other qualified professional.
   (C)   Location of shared parking.  Shared parking arrangements are subject to the location standards of § 155-11.50.
   (D)   Shared parking agreement.
      (1)   An agreement providing for the shared use of parking areas, executed by the parties involved, must be filed with the Zoning Administrator in a form approved by the state's attorney and recorded with the county recorder of deeds.
      (2)   Shared parking agreements are binding upon applicants, their successors and assigns. Amendments to parking agreements require Zoning Administrator approval, based on whether the proposed amendment complies with all applicable zoning ordinance provisions.
      (3)   Shared parking privileges remain in effect only as long as the agreement, binding on all parties, remains in force. If a shared parking agreement lapses or is no longer valid, then parking must be provided as otherwise required by this article.
(Ord. effective 10-1-2012)