Chapter 20.30
JOINT USE OF PARKING
Sections:
20.30.000 Purpose.
20.30.010 Application.
20.30.020 Review.
20.30.030 Criteria.
20.30.040 Recorded agreement.
20.30.050 Loss of joint use.
20.30.000 Purpose.
This chapter establishes a procedure and standards for review of applications for joint use of off-street parking facilities.
20.30.010 Application.
In addition to the information required by ECDC 20.95.010, the applicant shall provide the written consent of all owners of the affected land.
20.30.020 Review.
The community development director shall review applications for joint use of parking under the procedure of ECDC 20.95.050 (Staff Decision – Optional Hearing) using the criteria of this chapter as a basis for review.
20.30.030 Criteria.
A. Residential. Residential uses may not use the provisions of this chapter except in the downtown business area as defined in ECDC 17.50.070.
B. Nighttime Uses. Up to 50 percent of the off-street parking required by Chapter 17.50 ECDC for primarily nighttime uses such as theaters, bowling alleys, bars and restaurants may be supplied by parking serving primarily daytime uses such as banks, offices, retail stores, personal service shops and manufacturing and wholesale uses.
C. Daytime Uses. Up to 50 percent of the off-street parking required by Chapter 17.50 ECDC for primarily daytime uses may be supplied by parking serving primarily nighttime uses.
D. Churches and Schools. Up to 100 percent of the off-street parking required by Chapter 17.50 ECDC for a church or an auditorium incidental to a public or parochial school may be supplied by parking serving primarily daytime uses.
E. No Conflict. There may be no substantial conflict between the operating hours of the uses for which joint use of parking is proposed.
F. Distance. The off-street parking facilities to be used jointly shall be located within 500 feet of the use which they are to serve.
20.30.040 Recorded agreement.
If joint use is approved, the applicant shall provide to the community development department a legal instrument conveying a nonrevocable parking easement for the life of the applicant's use or a covenant to the city if only one parcel of property is involved. When the city attorney has approved the agreement, the city shall file it for record with the county auditor at the applicant's expense and retain a copy in the application file.
20.30.050 Loss of joint use.
A. Alternate Sites. Applicant shall not allow or voluntarily participate in the loss of rights of joint use. In the event applicant should for reasons beyond applicant's control lose applicant's rights of joint use, applicant shall have 90 days to secure on-site parking to conform to the parking requirements of this code, or secure another site for joint use for which a new application must be submitted under the terms of this chapter.
B. In-lieu of Parking Fee. In the event applicant is unable to secure an alternate site which conforms to on-site regulations, or approved for joint use under subsection A of this section, applicant shall discontinue the use, or that portion of the use causing the parking deficiency, within the said original 90-day period. Or, in the alternative, within said 90-
day period applicant may pay an in-lieu-of parking fee under ECDC 17.50.070.
C. Discontinuance of Use. If applicant cannot or will not provide parking, or the in-lieu parking fee, as set forth in subsections A and B of this section, the applicant will discontinue the use, or that portion of use causing the parking deficiency within the original 90-day period set forth above.