(a) Up to forty percent (40)%) of a parking lot may be utilized for shared parking or up to 100 percent of a parking lot may be utilized for off-site parking provided it complies with the standards of this subsection.
(b) Shared parking is encouraged and permitted if the multiple uses that the shared parking will benefit can cooperatively establish and operate the facilities and they are located on the same or adjacent properties.
(c) The applicant shall have the burden of proof for reduction of the total number of parking spaces and shall document and submit information substantiating their request.
(d) Shared parking may be approved if:
(1) A sufficient number of spaces is provided to meet the highest demand of the participating uses;
(2) Evidence has been submitted by the parties operating the shared parking facility, to the satisfaction of the Planning and Zoning Administrator, documenting the nature of uses and the hours when the individual uses will operate so as to demonstrate the lack of potential conflict between them.
(e) Off-site parking shall not be used to satisfy the off-street parking standards for residential uses or hospitals. Required parking spaces reserved for persons with disabilities shall not be located in an off-site parking area.
(f) No off-site parking space shall be located more than 500 feet from the primary entrance of the use served, the off-site parking areas shall still adhere to the vehicular use landscaping regulations of the code.
(g) If an off-site parking area is located in a different zoning district than the use served, the off-site parking areas shall still adhere to the vehicular use landscaping regulations.
(h) Parking Agreement Required. A parking agreement shall be required for shared or off-site parking arrangements.
(1) The agreement shall be subject to review and approval by the City's legal counsel and shall provide for the rights of the respective parties to use the parking areas as shared or off-site parking areas.
(2) The agreement shall include provisions and evidence of deed restrictions or other recorded covenants that ensure that the spaces will be properly maintained during the life of the development.
(3) The approved shared agreement shall be filed with the application for a zoning permit and shall be filed with the Muskingum County Recorder's Office in a manner as to encumber all properties involved in the parking agreement.
(4) The applicant shall be required to provide proof that the agreement has been recorded with the Muskingum County Recorder's Office prior to the issuance of a zoning permit. (Ord. 19-92. Passed 9-9-19.)