10-18-12 Regular, Public Hearing and Workshop Meeting of the Planning and Zoning Commission

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Municode Off -site parking. (1) Any off -site parking which is used to meet the requirements of this chapter shall be required to meet the following conditions: a. Such off -site parking shall comply with all parking standards stated in this chapter. b• Reasonable access from off -site parking facilities to the use served shall be provided. c• Such off -site parking shall be within 300 feet of the use served. (2) Any use which depends upon off -site parking to meet the requirements of this chapter shall maintain the minimum number of required parking spaces or cease operation and use until such time as there is full compliance with the requirements of this chapter. (3) Whenever required parking facilities are on a lot or parcel of land other than the principal building which is to be served, a properly drawn legal instrument, executed by the parties concerned, duly approved as to form and manner of execution by the city attorney, shall be filed with the city secretary. (4) Any use which depends upon off -site parking to meet the requirements of this chapter shall require a certificate of occupancy, renewable annually, as regulated by section 106-142 { Joint parking. The city council after receiving a report and recommendation from the planning and zoning commission, may approve a conditional use permit for one or more businesses to provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the planning and zoning commission shall not recommend that such permit be granted nor the council approve such a permit except when the following conditions are found to exist: (1) Up to 50 percent of the parking facilities required for a theater, bowling alley, dance hall, bar, restaurant or similar use as determined by the planning and zoning commission may be supplied by the off-street parking facilities provided by types of uses specified as primarily daytime uses in subsection d of this section. (2) Up to 50 percent of the off-street parking facilities required for any use specified under subsection d of this section as primary daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses: Auditoriums incidental to all public or parochial schools, churches, bowling alleys, dance halls, theaters, bars, restaurants or similar uses as determined by the planning and zoning commission. (3) Up to 80 percent of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities provided by uses specified under subsection d of this section as primary daytime uses as determined by the city planning and zoning commission. (4) For the purpose of this section, the following uses are considered as primary daytime uses: Banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing, shoe repair or service shops, manufacturing, wholesale and similar uses as determined by the planning and zoning commission. (5) Conditions required for joint use: a. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 300 feet of such parking facilities. 8/6/2012