§ 9.104. Programs and incentives to reduce parking requirements.

The following programs and incentives are provided to permit reduced parking requirements in the locations and situations outlined herein where the basic parking requirements of this Zoning Ordinance would be excessive or detrimental to goals and policies of the city relating to mass transit and other alternative modes of transportation.

A.

Administration of parking reductions. Programs and incentives which reduce parking requirements may be applied individually or jointly to properties and developments. Where reductions are allowed, the number of required parking spaces which are eliminated shall be accounted for both in total and by the program, incentive or credit which is applied. The record of such reductions shall be kept on the site plan within the project review file. Additionally, the reductions and manner in which they were applied shall be transmitted in writing to the property owner.

B.

Credit for on-street parking. Wherever on-street angle parking is provided in the improvement of a street, credit toward on-site parking requirements shall be granted at the rate of one (1) on-site space per every twenty-five (25) feet of frontage, excluding the following:

1.

Frontage on an arterial, major arterial or expressway as designated in the Transportation Master Plan.

2.

Frontage on a street that is planned to be less than fifty-five (55) feet wide curb-to-curb.

3.

Frontage within twenty (20) feet of a corner.

4.

Frontage within ten (10) feet of each side of a driveway or alley.

5.

Frontage within a fire hydrant zone or other emergency access zone.

6.

Locations within the Downtown Area.

C.

Credit for bicycle parking facilities.

1.

Purpose. The City of Scottsdale, in keeping with the federal and Maricopa County Clean Air Acts, wishes to encourage the use of alternative transportation modes such as the bicycle instead of the private vehicle. Reducing the number of vehicular parking spaces in favor of bicycle parking spaces helps to attain the standards of the Clean Air Act, to reduce impervious surfaces, and to save on land and development costs.

2.

Performance standards. The Zoning Administrator may authorize credit towards on-site parking requirements for all uses except residential uses, for the provision of bicycle facilities beyond those required by this Zoning Ordinance, subject to the following guidelines:

a.

Wherever bicycle parking is provided beyond the amount required per Section 9.103.C., required bicycle parking, credit toward required on-site vehicular parking may be granted pursuant to the following:

i.

Downtown Area: one (1) vehicular space per eight (8) bicycle spaces.

ii.

All other zoning districts: one (1) vehicular space per ten (10) bicycle spaces.

b.

Wherever bicycle parking facilities exceed the minimum security level required per Section 9.103.D., required bicycle parking, credit towards required onsite vehicular parking may be granted at a rate of one (1) vehicular space per every four (4) high-security bicycle spaces.

High-security bicycle spaces shall include those which protect against the theft of the entire bicycle and of its components and accessories by enclosure through the use of bicycle lockers, check-in facilities, monitored parking areas, or other means which provide the above level of security as approved by the Zoning Administrator.

c.

Wherever shower and changing facilities for bicyclists are provided, credit towards required on-site vehicular parking may be granted at the rate of two (2) vehicular spaces per one (1) shower.

d.

The number of vehicular spaces required Table 9.103.A., or when applicable Table 9.103.B., shall not be reduced by more than five (5) percent or ten (10) spaces, whichever is less.

D.

Credit for participation in a joint parking improvement project. After April 7, 1995, no new joint parking improvement projects shall be designated in the City of Scottsdale. Existing joint parking improvement projects may continue to exist, subject to the standards under which they were established.

The joint parking improvement project was a program through which a group of property owners with mixed land uses including an area of more than three (3) blocks and at least six (6) separate ownerships could join together on a voluntary basis to form a parking improvement district, providing parking spaces equal to a minimum of thirty (30) percent of their combined requirements according to the ordinance under which they were established. Each participant property could have received credit for one and one-half (1½) times his proportioned share of the parking spaces provided. The project required that a statement be filed with the superintendent of buildings stating the number of spaces assigned to each participating property. No adjustments were to be permitted subsequent to the filing of this statement.

E.

Mixed-use shared parking programs.

1.

Purpose. A mixed-use shared parking program is an option to reduce the total required parking in large mixed-use commercial centers and mixed-use developments in which the uses operate at different times throughout the day. The city recognizes that strict application of the required parking ratios may result in excessive parking spaces. This results in excessive pavement and impermeable surfaces and discourages the use of alternate transportation modes.

2.

Applicability. A mixed-use shared parking program is an alternative to a parking master plan.

3.

Procedure.

a.

A mixed-use shared parking program may be proposed at the time a parking plan is required.

b.

The mixed-use shared parking program may also be requested exclusive of any other site plan review or permitting procedure.

c.

Mixed-use shared parking plans shall be reviewed by, and are subject to the approval of, the Zoning Administrator.

d.

Alternatively, the applicant may elect to have the shared parking plan reviewed by, and subject to the approval of, the City Council in a public hearing.

e.

For changes of use in mixed-use projects, the parking necessary for the new mix of uses shall not exceed the parking required by the previous mix of uses.

4.

Limitations on mixed-use shared parking.

a.

The total number parking spaces required by Table 9.103.B. and the total number of parking spaces required for a mixed-use commercial center and mixed-use development indicated in Table 9.103.A. shall not be used to reduce the required parking in the Downtown Area or a development that is defined as mixed-use development or mixed- use commercial center not in the Downtown Area.

b.

The total number of parking spaces required by Table 9.103.A. shall not be reduced by more than twenty (20) percent.

5.

Performance standards. The Zoning Administrator may authorize a reduction in the total number of required parking spaces for two (2) or more uses jointly providing on-site parking subject to the following criteria:

a.

The respective hours of operation of the uses do not overlap, as demonstrated by the application on Table 9.104.A., Schedule of Shared Parking Calculations. If one (1) or all of the land uses proposing to use joint parking facilities do not conform to one (1) of the general land use classifications in Table 9.104.A., Schedule of Shared Parking Calculations, data shall indicate there is not substantial conflict in the principal operating hours of the uses. Such data may include information from a professional publication such as those published by the Institute of Transportation Engineers (ITE) or the Urban Land Institute (ULI), or by a professionally prepared parking study.

b.

A parking plan shall be submitted for approval which shall show the layout of proposed parking.

c.

The property owners involved in the joint use of on-site parking facilities shall submit a written agreement subject to City approval requiring that the parking spaces shall be maintained as long as the uses requiring parking exist or unless the required parking is provided elsewhere in accordance with the provisions of this Article. Such written agreement shall be recorded by the property owner with the Maricopa County Recorder's Office prior to the issuance of a building permit, and a copy filed in the project review file.

Table 9.104.A Schedule of Shared Parking Calculations

General Land Use Classification	Weekdays			Weekends
	12:00 a.m.— 7:00 a.m.	7:00 a.m.— 6:00 p.m.	6:00 p.m.— 12:00 a.m.	12:00 a.m.— 7:00 a.m.	7:00 a.m.— 6:00 p.m.	6:00 p.m.— 12:00 a.m.
Office and industrial	5%	100%	5%	0%	60%	10%
Retail	0%	100%	80%	0%	100%	60%
Residential	100%	55%	85%	100%	65%	75%
Restaurant and bars	50%	70%	100%	45%	70%	100%
Hotel	100%	65%	90%	100%	65%	80%
Churches and places of worship	0%	10%	30%	0%	100%	30%
Cinema/theater, and live entertainment	0%	70%	100%	5%	70%	100%
How to use the schedule of shared parking. Calculate the number of parking spaces required by Table 9.103.A. for each use as if that use were free-standing (the total number of parking spaces required by Table 9.103.B. and the total number of parking spaces required for a mixed-use commercial center and mixed-use development indicated in Table 9.103.A. shall not be used to reduce the required parking in the Downtown Area, or a development that is defined as mixed-use development or mixed-use commercial center not in Downtown Area.)   Applying the applicable general land use category to each proposed use, use the percentages to calculate the number of spaces required for each time period, (six (6) time periods per use). Add the number of spaces required for all applicable land uses to obtain a total parking requirement for each time period. Select the time period with the highest total parking requirement and use that total as your shared parking requirement.

 

F.

Parking master plan.

1.

Purpose. A parking master plan is presented as an option to promote the safe and efficient design of parking facilities for sites larger than two (2) acres or those sites in the Downtown Type 1 Area as designated by the Downtown Plan larger than sixty thousand (60,000) square feet. The city recognizes that strict application of the required parking standards or ratios may result in the provision of parking facilities of excessive size or numbers of parking spaces. This results in excessive pavement and impermeable surfaces and may discourage the use of alternate transportation modes. A parking master plan provides more efficient parking through the following requirements.

2.

Applicability. The parking master plan is appropriate to alleviate problems of reuse and is also applicable as an alternative to the above mixed-use shared parking programs.

3.

Procedure.

a.

A parking master plan may be proposed at the time a parking plan is required.

b.

The parking master plan may also be requested exclusive of any other site plan review or permitting procedure.

c.

Parking master plans shall be reviewed by, and are subject to the approval of, the Zoning Administrator.

d.

For changes of use in mixed-use projects, the parking necessary for the new mix of uses shall not exceed the parking required by the previous mix of uses.

4.

Limitations on parking master plans.

a.

The total number parking spaces required by Table 9.103.B. and the total number of parking spaces required for a mixed-use commercial center and mixed-use development indicated in Table 9.103.A. shall not be used to reduce the required parking in the Downtown Area or a development that is defined as mixed-use development or mixed-use commercial center not in the Downtown Area.

b.

The Zoning Administrator shall only permit reductions of up to twenty (20) percent of the total parking required per Table 9.103.A.

c.

Reductions of more than twenty (20) percent of required parking shall be subject to approval by the City Council.

5.

Elements of a parking master plan. The contents of the parking master plan shall include:

a.

A plan, which graphically depicts where the spaces and parking structures are to be located.

b.

A report, which demonstrates how everything shown on the plan complies with or varies from applicable standards and procedures of the City.

c.

The plan shall show all entrances and exits for any structured parking and the relationship between parking lots or structures and the circulation master plan.

d.

The plan, supported by the report, shall show the use, number, location, and typical dimensions of parking for various vehicle types including passenger vehicles, trucks, vehicles for mobility impaired persons, buses, other transit vehicles and bicycles.

e.

The plan, supported by the report, shall include phasing plans for the construction of parking facilities and any interim facilities planned.

f.

Whenever a reduction in the number of required parking spaces is requested, the required report shall be prepared by a registered civil engineer licensed to practice in the State of Arizona and shall document how any reductions were calculated and upon what assumptions such calculations were based.

g.

Parking ratios used within the report shall be based upon uses or categories of uses already listed within Table 9.103.A., Schedule Of Parking Requirements (the total number of parking spaces required by Table 9.103.B. and the total number of parking spaces required for a mixed-use commercial center and mixed-use development indicated in Table 9.103.A. shall not be used to reduce the required parking in the Downtown Area or a development that is defined as mixed-use development or mixed-use commercial center not in the Downtown Area.)

h.

Such other information as is determined by the reviewing authority to be necessary to process the parking master plan.

6.

Performance standards. Parking shall comply with the requirements of the Zoning Ordinance as amended except where application of the following criteria can show that a modification of the standards is warranted. This shall be determined by the Zoning Administrator pending review of the materials described in Subsection 5. above.

a.

The parking master plan shall provide sufficient number and types of spaces to serve the uses identified on the site.

b.

Adequate provisions shall be made for the safety of all parking facility users, including motorists, bicyclists and pedestrians.

c.

Parking master plans shall be designed to minimize or alleviate traffic problems.

d.

Parking spaces shall be located near the uses they are intended to serve.

e.

Adequate on-site parking shall be provided during each phase of development of the district.

f.

The plan shall provide opportunities for shared parking or for other reductions in trip generation through the adoption of Transportation Demand Management (TDM) techniques to reduce trip generation, such as car pools, van pools, bicycles, employer transit subsidies, compressed work hours, and High Occupancy Vehicle (HOV) parking preference.

g.

Surfacing of the lot shall be dust-proof, as provided by Section 9.106.C.1.

h.

The parking master plan shall attempt to reduce environmental problems and to further the City's compliance with the federal Clean Air Act amendments of 1990 through appropriate site planning techniques, such as but not limited to reduced impervious surfaces and pedestrian connections.

i.

Compliance with the federal Clean Air Act amendments of 1990 shall be considered.

j.

Reductions in the number of parking spaces should be related to significant factors such as, but not limited to:

i.

Shared parking opportunities;

ii.

Hours of operation;

iii.

The availability and incorporation of transit services and facilities;

iv.

Opportunities for reduced trip generation through pedestrian circulation between mixed-uses;

v.

Off-site traffic mitigation measures;

vi.

Recognized variations in standards due to the scale of the facilities;

vii.

Parking demand for a specified use; and

viii.

The provisions of accessible parking spaces beyond those required per Section 9.105.

k.

Reductions in the number of parking spaces for neighborhood-oriented uses may be granted at a rate of one (1) space for every existing or planned residential unit located within two (2) blocks of the proposed use, and one-half (0.5) space for every existing or planned residential unit located within four (4) blocks of the proposed use.

7.

Approval. The property owner involved in the parking master plan shall submit a written agreement, subject to City approval, requiring that the parking facility and any associated Transportation Demand Management (TDM) techniques shall be maintained without alteration unless such alteration is authorized by the Zoning Administrator. Such written agreement shall be recorded by the property owner with the Maricopa County Recorder's Office prior to the issuance of a building permit, and a copy filed in the project review file.

G.

Reserved.

H.

Downtown Overlay District Program.

1.

Purpose. This parking program will ease the process of calculating parking supply for new buildings, remodels, or for buildings with new tenants or new building area.

This parking program consists of two (2) elements: Parking required and parking waiver.

2.

Parking required. The amount of parking required shall be:

a.

If there is no change of parking intensity.

i.

If there is no change of parking intensity of the land use on any lot that has a legal land use existing as of July 31, 2003, no additional parking shall be required.

b.

Parking credits.

i.

Parking credits under this program shall be only for: parking improvement districts, permanent parking in-lieu credits, approved zoning variances for on-site parking requirements - unless the Zoning Administrator finds that the justification for the parking variance no-longer exists, and Parking P-3 District, except as provided in Section 9.104.H.2.b.i.(1). Only these parking credits shall carry forward with any lot that has parking credits as of July 31, 2003.

(1)

Parking credits associated with the Parking P-3 District shall continue to apply, unless the Parking P-3 District is removed from the property.

ii.

The Downtown Overlay District does not void public agreements for parking payments of any type of parking program.

iii.

Any parking improvement district credit(s) or permanent parking in-lieu credit(s) that the lot has that are in excess of the current parking demand shall remain with the lot.

iv.

Property owners are still required to pay for any program that allowed them to meet the parking requirements.

c.

Increase in parking.

i.

When a property's parking requirements increase above the parking requirements on July 31, 2003, the new parking requirement is calculated as follows:

(N - O) + T = number of parking spaces required

N = new (increased) parking requirement

O = old parking requirement (on July 31, 2003)

T = total of on-site and any remote parking spaces, plus any parking credits required on July 31, 2003 to meet the old parking requirement (excluding excess on-site and remote parking spaces and any excess parking credits).

ii.

As applicable, Table 9.103.A. Table 9.103.B. shall be used to calculate N and O.

iii.

A waiver to this requirement is in Section 9.104.H.3.

3.

Parking waiver within the Downtown Overlay District.

a.

Purpose. This parking waiver is designed to act as an incentive for new buildings, and for building area expansions of downtown businesses, which the expansion will have a minimal impact on parking demand.

b.

Applicability. Upon application, property owners may have parking requirements waived if they meet both the following criteria:

i.

Are within the Downtown Overlay District, and/or the Downtown District; and

ii.

The new building or the new area of a building expansion is used for retail, office, restaurant or personal care services uses allowed in the underlying district.

c.

Limitations on this parking waiver.

i.

Can be used only once per lot existing as of July 31, 2003.

ii.

Can be used for retail, office, restaurant or personal care services uses allowed in the underlying district at a ratio of one (1) space per three hundred (300) gross square feet.

iii.

Is limited to a maximum of two thousand (2,000) gross square feet of new building, or building area expansion. The two thousand (2,000) gross square feet per lot of new building, or building area expansion may be used incrementally, but shall not exceed two thousand (2,000) gross square feet of the building size of each lot existing as of July 31, 2003.

(1)

Except as provided in Section 9.104.H.3.c.iii.(1)., a lot that is created after July 31, 2003 from more than one (1) lot that existed as of July 31, 2003 shall be allowed to utilize parking waiver as cumulative total of all lots that were incorporated into one (1) lot.

(2)

A lot(s) that is created after July 31, 2003 from a portion of a lot(s) that existed as of July 31, 2003 shall be entitled to a waiver of area, as described in section 9.104.H.3.c.iii., based on the pro-rata portion of the net lot that was split from the existing lot(s) and incorporated into the new lot(s). For example:

As shown in Figure 9.104.A., Lot A and Lot B are reconfigured into two (2) new lot configurations, Lot C and Lot D. Lot C now includes all of the net lot area of Lot A and sixty (60) percent of the net lot area of Lot B. Lot C is entitled to the all of the waiver of Lot A and sixty (60) percent of the waiver of Lot B. Lot D is entitled only to forty (40) percent of the waiver of Lot B.

_____

FIGURE 9.104.A.

Therefore, Lot C's wavier would be three thousand two hundred (3,200) square feet of new building, or building area expansion; and Lot D's wavier would be eight hundred (800) square feet of new building, or building area expansion.

Another example may be:

As shown in Figure 9.104.B., Lot E and Lot F are reconfigured into three (3) new lots, Lot G, Lot H, and Lots I. Lot G, Lot H, and Lots I are each equal to one-third ( 1/3 ) of the total net lot area of Lot E and Lot F. therefore, Lot G, Lot H, AND Lots I each are entitled to one-third ( 1/3 ) of the total wavier that is allowed for Lot E and Lot F.

FIGURE 9.104.B.

Therefore, Lot G's, Lot H's, and Lot I's waiver each would be one thousand three hundred thirty-three and one-third (1,333.33) square feet of new building, or building area expansion.

_____

iv.

Cannot be used on land that issued to meet a property's current parking requirement unless the same number of physical parking spaces are replaced elsewhere on site, or through the purchase of permanent in-lieu parking credits.

d.

Residential addition parking waiver. No additional parking is required for up to four new dwelling units that are added to a development as part of a 2,000 square foot (or smaller) nonresidential gross floor area expansion.

(Ord. No. 2736, § 1, 3-7-95; Ord. No. 3520, § 1, 7-1-03; Ord. No. 3543, § 1(Exh. 1), 12-9-03; Ord. No. 3774, § 2, 3-18-08; Ord. No. 3896, § 1(Exh. § 6), 6-8-10; Ord. No. 3920, § 1(Exh. §§ 110—114), 11-9-10; Ord. No. 3980, § 1(Res. 8895, § 1, Exh. A, § 47), 12-6-11; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 199, 200), 4-3-12; Ord. No. 4099, § 1(Res. No. 9439, Exh. A, §§ 24, 25), 6-18-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 250—261), 5-6-14)