§ 10-5.104. Off-Site, Shared, and Reduced Parking.

(a)

The Board, Commission and Council may approve off-site parking, reduction in parking, or shared parking facilities for nonresidential buildings or uses in conjunction with a discretionary action that requires Board, Commission, or Council approval. Any request for off-site, reduced, or shared parking with a non discretionary action such as a development plan review shall be reviewed by the Board. In no case shall the parking requirements be reduced where, based on substantial evidence, there is insufficient off-street parking to meet the needs of the building(s) or use(s). The Board, Commission and Council shall be guided by the following criteria in making its determination:

(1)

The applicant shall submit sufficient information to indicate the normal hours of operation of such uses or activities do not substantially coincide or overlap with each other and/or the peak hour parking demand;

(2)

The adjacent or nearby properties will not be adversely affected relative to parking;

(3)

The traffic and pedestrian circulation resulting from the off-site or shared parking approval will not be detrimental to the public health, safety and welfare;

(4)

The development is located near available on-street parking or other public parking areas;

(5)

Transit alternatives are available near the development;

(6)

Mixed-use developments that includes residential and retail or office.

(b)

Off-site parking shall be subject to the following limitations and conditions:

(1)

A maximum of fifty (50) percent of the requirement for one (1) use may be provided by the spaces for another use.

(2)

The area where required parking is provided shall be located no more than four hundred (400) feet walking distance from the use it serves. The distance is measured along sidewalks, alleys and crosswalks from the nearest point of the parking area to the nearest point of the building.

(3)

A covenant shall be recorded by the owner of the parking for the benefit of the City and in a form approved by the City Attorney. The covenant shall stipulate that the parking will be maintained as long as the use requiring it continues. It shall also stipulate that the title and right to use the property where the parking is located is subservient to the title to the property where the use is located and that the property will not be made subject to any other covenant or contract for use without prior consent of the Board, Commission or Council.