10-24-2007 Council Agenda - Laserfiche WebLink

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b. Based upon an appropriately designed site plan the required number of spaces may be constructed at some future date on the subject site in full conformance with all other requirements of the City's Zoning Ordinance and Building Code; c. The applicant and City enter into a development agreement, to be recorded against the subject property, which includes a clause requiring the owner to install the additional parking stalls, upon a finding by the Planning Commission that such additional parking stalls are necessary to accommodate the use. d. A change of use will necessitate either a new application for a "Proof of Parking" Conditional Use Permit, or compliance with the applicable Zoning Ordinance standard for parking. I. Joint Facilities. 1. The City Council may, after receiving a report and recommendation from the Planning Commission, approve a conditional use permit for one (1) or more businesses to provide the required off-street parking facilities by joint use of one (1) or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a permit except when the following conditions are found to exist: a. Up to fifty (50) percent of the parking facilities required for a theater, bowling alley, dance hall, bar or restaurant may be supplied by the off - street parking facilities provided by types of uses specified as primarily daytime uses in subsection d. below. b. Up to fifty (50) percent of the off - street parking facilities required for any use specified under (d) below as primarily daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses; auditoriums incidental to a public or parochial school, churches, bowling alleys, dance halls, theaters, bars or restaurants. c. Up to eighty (80) percent of the parking facilities required by this Ordinance for a church or for an auditorium incidental to a public or parochial school may be supplied by the off - street parking facilities provided by uses specified under (d) below as primarily daytime uses. d. For the purpose of this section, the following uses are considered a primarily daytime use: banks, business offices, retail stores, personnel service shops, manufacturing, wholesale and similar uses. e. Conditions required for joint use: i. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within three hundred (300) feet of such parking facilities. ii. The applicant shall show that there is no substantial conflict in the principal operating hours of the two (2) buildings or uses for which joint use of off - street parking facilities is proposed. iii. A properly drawn legal instrument, executed by the parties concerned for joint use of off - street parking facilities, duly approved as to fowl and manner of execution by the City Attorney, shall be filed with the City Clerk and recorded with the Ramsey County Recorder's Office. J. Off -Site Parking. 1. Any off -site parking which is used to meet the requirements of this Ordinance shall be a conditional use as regulated by Section 921 of this Ordinance and shall be subject to the conditions listed below. - 8 1 -