I. - Procedures for alternative parking arrangements.

The zoning administrator is authorized to approve a plan for alternative parking arrangements for permitted and special permit uses in any zoning district. The applicant may elect to submit a parking plan, supported by a parking impact study, that modifies the parking requirements of this section in instances where it can be shown that parking, circulation, aesthetic, environmental, and other goals of both the property, and the city as a whole, can be fully met through an alternative parking arrangement.

An alternative parking plan may propose to provide: (1) fewer spaces than are otherwise required by this section; (2) more spaces than are otherwise allowed by this section; (3) a reduction in required off-street parking spaces when available on-street parking is located in close proximity within a public right-of-way or public parking lot; and (4) a shared parking arrangement allowing two (2) or more independent uses or establishments to work together to meet their parking needs while reducing the total number of spaces required.

1.

The zoning administrator may approve, disapprove, or modify the parking plan and parking impact study that provides for an alternative parking plan arrangement that includes waiver of the minimum parking requirements expressed in Table 23.1. An applicant may submit a request to waive the construction of up to thirty (30) percent of the parking spaces otherwise required. The applicant shall demonstrate through submission of relevant and appropriate data and information that, because of the location, nature, availability of public or on-street parking, or the unique character of the intended mix of uses, there is a reasonable probability the number of parking spaces actually needed to serve the development is less than the minimum required by this ordinance. The parking impact study shall be accompanied by a plan showing the location and number of parking spaces that will be provided, prepared by a professional engineer or a practicing professional traffic planner with demonstrated technical expertise in preparing such a study.

2.

The zoning administrator may approve, disapprove, or modify the parking plan and parking impact study that provides for a number of off-street parking spaces in excess of the maximum number allowed by this ordinance. Requests to exceed the maximum number of required off-street parking spaces shall be accompanied by a proposed parking plan, including a parking demand study performed by a professional engineer or professional traffic planner with demonstrated technical expertise in preparing such a study. The purpose of the parking demand study is to provide data and supporting analysis in support of the applicant's contention that the maximum number of parking spaces required by this ordinance will be insufficient to serve the needs of the proposed development. In addition to the parking demand study, the requesting party may provide other relevant and appropriate data supporting his request.

3.

Shared parking arrangements may be allowed between certain compatible uses (for example, office buildings with primarily weekday parking needs and churches with primarily weekend needs). In such cases, the zoning administrator may approve an alternative parking plan that reduces the individual parking requirements for two (2) or more uses, through use of shared parking facilities. Shared parking analysis shall be based on ULI guidelines or other commonly accepted methods and, further, shall be guided by the following:

a.

Shared parking spaces shall be located within three hundred (300) feet of the primary entrance of all uses served, and shall not be separated from such uses by an arterial or collector street, unless the shared parking area is served by an improved and signed pedestrian crossing. The shared parking and intended use such location serves shall be connected to such use by a continuous pedestrian walkway. Such pedestrian access shall be accessible to the handicapped and shall meet ADA requirements where feasible in the determination of the zoning administrator.

b.

The right to use such property for parking shall be established by deed, easement, lease or similar recorded covenant or agreement, shall be approved as to form and content by the city attorney and shall be recorded in the clerk's office.

c.

The maximum reduction in the total number of parking spaces required for all uses, in the aggregate, sharing the parking area shall be fifty (50) percent.

d.

Should such off-street parking spaces become unavailable for use, an equal number of parking spaces shall be constructed and provided on either the primary site or by another off-site arrangement meeting the requirements of this section. Failure to provide these parking spaces within ninety (90) days from the date on which the use of the previously available spaces was terminated shall be a violation of this ordinance.

4.

Applicants requesting to use shared parking as a means of satisfying the off-street parking standards must submit a proposed parking plan, including a parking demand study prepared by a professional traffic planner who is experienced in the preparation of such studies. The purpose of the study shall be to provide data and supporting analysis demonstrating the feasibility of the proposed shared parking facilities. The parking demand study shall include information on the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. Additionally the requesting party may submit other relevant and appropriate data supporting the request.

5.

If approved, a shared parking arrangement shall be described and made binding upon the all owners of record of the subject properties, within a written agreement prepared in a form suitable for recording among the city's land records. Recordation of the agreement shall occur prior to the issuance of any occupancy permit for any premises to be served by the shared parking. A shared parking agreement may be revoked only if all required off-street parking spaces are provided in accordance with the requirements of this ordinance.

6.

Design requirements and construction standards for on-street or other forms of alternative parking, where approved, shall be coordinated with the requirements of the subdivision ordinance. Subdivision ordinance waivers or modifications to related parking requirements may be considered at the time of project application and as otherwise provided in the subdivision ordinance.