§ 16-372. Shared parking amont certain adjoining properties in C-2 districts.

(a)

Applicability. Parking spaces necessary to meet the minimum off-street parking space requirements of this chapter may be shared in accordance with this section provided that:

(1)

Uses sharing parking are on adjoining lots, not separated by a street;

(2)

Uses sharing parking are on property within the C-2 zoning district and outside the boundaries of the 2002 downtown plan area;

(3)

Uses sharing parking are professional/office and theaters; and

(4)

The aggregate minimum number of off-street parking spaces described in subsection (b)(8) of this section are provided and maintained while any or all of the uses for which the shared parking is permitted continue to exist.

(b)

Criteria. Parking spaces necessary to meet the minimum off-street parking space requirements of this chapter may be shared only if a shared parking agreement in recordable form is executed by the owners of the properties for which parking will be shared. The shared parking agreement shall include:

(1)

The names and addresses of the owners;

(2)

Legal descriptions, uses, and available parking spaces for each of the properties covered by the agreement;

(3)

The term of the agreement, which shall continue for at least the period any or all of the uses for which parking is shared exist;

(4)

A provision stating that the agreement is binding upon the owners of the properties, their successors and assigns, and that the agreement shall run with the land;

(5)

A provision granting from each owner to the other the rights to shared use of the parking facilities;

(6)

A provision for the maintenance of the parking facilities by both owners;

(7)

Such other provisions, not inconsistent with this chapter, as the parties may deem advisable; and

(8)

A provision specifying that, for the properties together, an aggregate minimum number of off-street parking spaces will be provided and maintained to conform with the following table:

Table of Parking Occupancy Rates:

Uses:	M-F	M-F	M-F	Sat. & Sun.	Sat. & Sun.	Sat. & Sun.
	8am/ 5pm	6pm/ 12am	12am/ 6am	8am/ 5pm	6pm/ 12am	12am/ 6am
Office:	100%	20%	5%	5%	5%	5%
Movie Theater:	40%	80%	10%	80%	100%	10%

 

This table defines the percentage of the minimum number of off-street parking spaces specified in section 16-370 needed during each time period for shared parking. The required number of off-street parking spaces shall be computed as follows:

(1)

The minimum number of parking spaces specified in section 16-370 for each property shall be multiplied by the "occupancy rate" as determined by this table for each use for the weekday night, daytime and evening periods, and weekend night, daytime and evening periods respectively;

(2)

The minimum number of off-street parking spaces specified in section 16-370 for each of the uses referred to for each time period shall be added to produce the aggregate number of off-street parking spaces required for each time period.

(3)

The greatest of the aggregate number of parking spaces for each period shall be determined to be the minimum number of off-street parking spaces required for the collective uses on the respective properties; and

(4)

Nothing herein contained shall reduce the total number of handicap parking spaces that would otherwise be required for each of the properties separately.

(c)

Approvals.

(1)

The shared parking agreement described in subsection (b) herein shall be submitted as a part of a site plan application for one or more of the affected properties. If one of the properties is operating pursuant to an existing approved site plan, then upon approval of the site plan with which the shared parking agreement is submitted, the site plan for the existing property shall be deemed to be amended, but only insofar as the parking requirements for it are concerned.

(2)

The application for a site plan containing a shared parking agreement pursuant to this section shall be accompanied by a reasonable fee payable to the county to defray the additional costs of its review of the shared parking agreement.

(d)

Enforcement. Parking requirements specified by this section shall be enforceable against any or each of the owners of properties subject to the shared parking agreement pursuant to the provisions of this chapter.

(Ord. No. 02-014, § 1, 9-17-02)