(a) Cross Access to Off-Street Parking Lots. Parking lots shall be interconnected with non-residential parking lots on adjacent properties to the maximum extent feasible; to encourage shared parking and shared access points on public street circulation plans shall be prepared for all new mixed-use development and redevelopment which shall comply with the following:
(1) Except where exempt due to 1137.06(a)(8) internal vehicular circulation areas shall be designed to allow for one or more cross access points to adjacent lots as determined by the plan review process or, if applicable, a predetermined master plan for a development area on file with the Planning and Zoning Commission.
(2) A stub for cross accesses shall be constructed, with pavement to the property line from the vehicular use area to the following:
A. All stubs of ROW, access easements. Private drives, or parking lots;
B. All adjacent vacant land or any existing non-conforming uses.
(3) A minimum distance of 40 feet shall be recommended between a cross access way and any private driveway entrance apron.
(4) Cross Access Easements shall allow for two-way drive aisles in accordance with the zoning ordinance Section 1153.10.
(5) The applicant for new commercial development shall provide written notice via the (Public Notice Affidavit) to all property owners immediately adjacent to the proposed project. The written notice shall provide a visual and narrative explanation of any proposed cross access connection point.
(6) The applicant is responsible for constructing, improving and maintaining the easement to the adjacent property line prior to issuance of final site approval by the City Engineer for the new proposed use. A perpetual Cross Access Easement and Maintenance Agreement are required. Said agreement shall be the responsibility of the owner and adjacent applicants, or their legally appointed agents to draft and record prior to the issuance of the Commercial Zoning Certificate. Note: The City shall provide a template Cross Access Easement Agreement form available in the Building Department.
(7) The Cross Access Easement shall be recorded as part of a Deed Restriction and constructed prior to issuance of the first Certificate of Occupancy.
(8) If the Planning Commission upon the recommendation of the City Engineer or Safety Officials deems that a cross access is impractical on the basis of topography, the presence of natural features, other existing conditions, or vehicular safety factors, the requirement for cross access may be waived by the Planning and Zoning Commission provided that appropriate bicycle and pedestrian connections are constructed between adjacent developments or land uses. If an applicant disagrees with the decision of the Planning and Zoning Commission the applicant may appeal the decisions to the Board of Zoning Appeals.
(9) Any modifications or alterations to the access easement or maintenance agreement shall be submitted to the Building Commissioner in a language acceptable to the City's Law Director, City Engineer and the Planning and Zoning Commission to ensure availability of shared parking to users.
(b) Setbacks for Joint Parking Facilities. When cross access between two parking areas is required or provided, the parking setback shall not be required in all other areas that abut the shared property line. When shared parking, which spans the mutual property line, is required or provided, the parking setback is not required to be provided. (Ord. 2014-47. Passed 7-10-14.)