§ 9.108. Special parking requirements in districts.

A.

Planned Regional Center (PRC). The provisions of Article IX shall apply with the following exceptions:

1.

There shall be no parking required for courtyards or other open spaces, except that those portions thereof used for sales or service activities shall provide parking as specified elsewhere by this Zoning Ordinance.

2.

Parking for dwellings shall be covered.

B.

Theme Park District (WP). The provisions of Article IX shall apply with the following exceptions:

1.

The number of spaces required in Table 9.103.A. may be proportionately reduced by the provision of bus parking. Bus parking provided in lieu of automobile parking spaces may account for a maximum reduction of fifty (50) percent of the spaces required in Table 9.103.A.

2.

If any bus parking is provided in lieu of automobile parking spaces, one (1) overflow automobile parking space shall be provided for each twenty-five (25) persons for whom seating is provided as indicated on the approved development plan.

C.

Downtown. In Type 1 Areas of the Downtown Area, all parking shall be accessed from an alley or a street adjacent to a side yard. Unless approved by the Development Review Board, there shall be no curb cuts on streets abutting a front yard within any Type 1 Area.

D.

In-lieu parking program in the Downtown Overlay District (DO) and the Downtown District (D).

1.

Purpose. The purpose of the in-lieu parking program is to assist the property owners of small properties to reinvest, develop, and redevelop to the highest and best use of the property, and to accommodate different land uses throughout the life span of a development. In addition, the purpose of the in-lieu parking program is to foster a pedestrian-oriented environment with a sustainable urban design and character for all properties in the Downtown Area, by reducing the total number of physical parking spaces on a property. Also, as specified below, fees associated lieu parking program shall be utilized for the downtown parking program and downtown tram service.

2.

Parking requirements. A property owner may satisfy a property's nonresidential parking requirement through the City's in-lieu parking program by an in-lieu parking payment(s) made to the City's downtown parking program enhancement account for in-lieu parking credits. The regulations of the in-lieu parking program shall not be eligible for a variance. The City shall not be obligated to approve a property owner's request to participate in the in-lieu parking program.

3.

Approvals required.

a.

The City Council shall determine whether or not to allow a property owner to participate in the in-lieu parking program based on the following considerations:

i.

New development, reinvestment, or redevelopment of the property;

ii.

The use of the property fosters a pedestrian-oriented environment with an urban design and character, and the use of public transit or the downtown tram service;

iii.

Property size and configuration;

iv.

The amount of public parking available to the area;

v.

The future opportunity to provide public parking in the area; or

vi.

Open space and public realm areas are maintained and/or parking lots convert into open space and public realm.

b.

The Zoning Administrator may administratively approve participation in the in-lieu parking program for up to, and including five (5) in-lieu parking credits, provided that the allowance is based on the City Council considerations of Section 9.108.D.3.a. The Zoning Administrator approval shall not exceed a total of five (5) in-lieu parking credits per lot.

i.

An appeal of the Zoning Administrator's, denial for participation in-lieu parking program shall be heard by City Council.

(1)

Appeals must be filed with the City Clerk no later than thirty (30) days after the Zoning Administrator issues any written denial for participation in-lieu parking program.

ii.

The City Council shall evaluate an appeal, and may approve or deny participation in-lieu parking program based on the considerations specified in Section 9.108.D.3.a.

4.

In-lieu parking credit fees. The amount of the in-lieu parking credit fee(s) shall be established by the City Council, and may include penalty fees for late payment, legal fees, administrative fees, an interest rate to account for the time value of money for the in-lieu parking installment purchase option, and any other fee the City Council deems necessary to implement the in-lieu parking program.

5.

Use of in-lieu parking fees. The use of the in-lieu parking fees paid to the City shall be used for the operation of a downtown parking program which may include, but is not limited to, the provision and maintenance of public parking spaces, the operation of tram shuttle services linking public parking facilities and downtown activity centers, and services related to the management and regulations of public parking.

6.

In-lieu parking payments. Fractional parking requirements may be paid for on a pro-rata basis. The property owner may purchase, or the City Council may require in-lieu parking credits to be purchased, either as permanent parking credits or as term parking credits in accordance with the following:

a.

Permanent in-lieu parking credits. Parking space credits purchased under this permanent in-lieu option shall be permanently credited to the property. These parking credits may be purchased either by installment payments to the City over a fixed period of time, or by payment of a lump sum fee.

i.

Under the lump sum purchase option, purchase shall be made by the property owner through payment of the total fee, in accordance with the procedures adopted by the Zoning Administrator and a written agreement, satisfactory to the City, with the property owner.

ii.

The installment purchase option shall require an initial cash deposit and a written agreement, satisfactory to the City, binding the property owner to make subsequent monthly installment payments. The installment purchase agreement shall not create a payment term longer than fifteen (15) years, and shall include, but not limited to, payment procedures approved by the Zoning Administrator. Payment of the lump sum in-lieu fee, or payment of the installment purchase deposit and execution by both parties of the installment purchase agreement, shall be completed prior to the issuance of a building permit if a building permit is required, or to the issuance of a certificate of occupancy.

b.

Monthly term in-lieu parking credits: Parking credits obtained by payment of a monthly in-lieu fee under this option are only for the term of the activity requiring the parking and are not permanently credited to the property. A monthly term in-lieu parking credit(s) requires a written agreement, satisfactory to the City, binding the property owner to make subsequent monthly payments. The agreement shall include, but not limited to payment procedures approved by the Zoning Administrator. The first monthly payment shall be made in accordance with the agreement.

c.

Evening-use term in-lieu parking credits. Parking credits obtained by payment of a monthly in-lieu fee under this option are only for the term of the activity requiring the parking, limited to uses only open for business between the hours of 5:00 p.m. and 3:00 a.m., and are not permanently credited to the property. An evening-use term in-lieu parking credit requires a written agreement satisfactory to the City binding the property owner to make monthly payments. The agreement shall include, but not limited to payment procedures approved by the Zoning Administrator. The first monthly payment shall be made in accordance with agreement.

(Ord. No. 2736, § 1, 3-7-95; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3520, § 1, 7-1-03; Ord. No. 3543, § 1(Exh. 1), 12-9-03; Ord. No. 3662, § 2, 2-7-06; Ord. No. 3879, § 1(Exh. § 27), 3-2-10; Ord. No. 3896, § 1(Exh. § 6), 6-8-10; Ord. No. 3920, § 1(Exh. § 119), 11-9-10; Ord. No. 4099, § 1(Res. No. 9439, Exh. A, § 30), 6-18-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 263), 5-6-14)