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<br />~ 106-444 LA PORTE CODE <br /> <br />c. Such off-site parking shall be within 300 feet of the use served. <br /> <br />(2) Any use which depends upon off-site parking to meet the requirements of this chapter <br />shall maintain the minimum number of required parking spaces or cease operation <br />and use until such time as there is full compliance with the requirements of this <br />chapter. <br /> <br />(3) Whenever required parking facilities are on a lot or parcel of land other than the <br />principal building which is to be served, a properly drawn legal instrument, executed <br />by the parties concerned, duly approved as to form and manner of execution by the city <br />attorney, shall be filed with the city secretary. <br /> <br />(4) Any use which depends upon off-site parking to meet the requirements of this chapter <br />shall require a certificate of occupancy, renewable annually, as regulated by section <br />106-142. <br /> <br />(f) Joint parking. The city council after receiving a report and recommendation from the <br />planning and zoning commission, may approve a conditional use permit for one or more <br />businesses to provide the required off-street parking facilities by joint use of one or more sites <br />where the total number of spaces provided are less than the sum of the total required for each <br />business should they provide them separately. When considering a request for such a permit, <br />the planning and zoning commission shall not recommend that such permit be granted nor the <br />council approve such a permit except when the following conditions are found to exist: <br /> <br />(1) Up to 50 percent of the parking facilities required for a theater, bowling alley, dance <br />hall, bar, restaurant or similar use as determined by the planning and zoning <br />commission may be supplied by the off-street parking facilities provided by types of <br />uses specified as primarily daytime uses in subsection d of this section. <br /> <br />(2) Up to 50 percent of the off-street parking facilities required for any use specified under <br />subsection d of this section as primary daytime uses may be supplied by the parking <br />facilities provided by the following nighttime or Sunday uses: Auditoriums incidental <br />to all public or parochial schools, churches, bowling alleys, dance halls, theaters, bars, <br />restaurants or similar uses as determined by the planning and zoning commission. <br /> <br />(3) Up to 80 percent of the parking facilities required by this section for a church or for an <br />auditorium incidental to a public or parochial school may be supplied by the off-street <br />parking facilities provided by uses specified under subsection d of this section as <br />primary daytime uses as determined by the city planning and zoning commission. <br /> <br />(4) For the purpose of this section, the following uses are considered as primary daytime <br />uses: Banks, business offices, retail stores, personal service shops, household equip- <br />ment or furniture shops, clothing, shoe repair or service shops, manufacturing, <br />wholesale and similar uses as determined by the planning and zoning commission. <br /> <br />(5) Conditions required for joint use: <br /> <br />a. The building or use for which application is being made to utilize the off-street <br />parking facilities provided by another building or use shall be located within 300 <br />feet of such parking facilities. <br /> <br />CD106:62 <br />