The URL can be used to link to this page

Home My WebLink About02-23-23 Public Comment - M. Egge - UDC Parking Requirements, Application 21381 (Bentley)From:Mark Egge To:Agenda Subject:UDC Parking Requirements, Application 21381 (Bentley) Date:Thursday, February 23, 2023 5:37:56 PM Attachments:Resolution 2021-05 Parking Requirements in Unified Development Code.pdf UDC Parking Minimums Packet Materials.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Madam Mayor, Mr. Deputy Mayor, and Commissioners: In your consideration of UDC parking requirements I would like to refer you to resolution 2021-05 adopted by the Bozeman Parking Commission on August 12, 2021, attached and available on Laserfichehere: https://weblink.bozeman.net/WebLink/DocView.aspx? id=256972&dbid=0&repo=BOZEMAN In short, the Parking Commission resolution recommended a minimumstandard of one parking space per 1000 SF of conditioned space, and a maximum standard of no more than three parking spaces per 1000 SF of conditioned space (with reductions offered for mixed use projects that combine commercial and residential). It also recommendsgeneral exemptions for affordable housing, small infill projects, and for locations served by high quality transit. I have attached the packet materials that were provided to the ParkingCommission when considering this resolution, which illustrates the impact that such a change would have versus current standards for a downtown (B-3) project, a mixed-used project, and a residential project. I personally would urge that Bozeman eliminate parking minimums entirely, which is an increasingly popular approach in cities that prioritize multimodal transportation systems and housing affordability. I have pasted below a list of cities which have eliminated parkingminimums (either in the central business district or citywide, for commercial or all land uses), provided by the Parking Reform Network. As you see, we would be in good company, including some of our peer cities like Ketchum, ID, Eugene, OR and Fargo, ND. Thank you for your consideration, Mark Egge219 E Story Street Cities Eliminating Parking Requirements in Targeted Zones or Citywide Hollandale WICalumet MI Bandera TX Alma WIArgyle WI Stonington CT Mt. Carroll IL Lanark ILMancelona MI Berrien Springs MI Lunenburg NS Crosby MNSavanna IL Ketchum ID Provincetown MA Chattahoochee Hills GAGalena IL Danby NY Black River Falls WI Flemington NJColville WA Saranac Lake NY Hudson NY Belfast MEKeyport NJ Madras OR Merritt BC River Rouge MIDecorah IABrevard NC Wickenburg AZ Vinton VAParis ILBath ME Seabrook NH Sandpoint IDPenetanguishene ONMedina OH Ridgefield WA Bastrop TXRochelle ILEcorse MI Howell MI Canandaigua NYSparta WITaylorville IL Van Wert OH Branson MO Healdsburg CAEmeryville CA Brattleboro VT Saint Marys PALincoln IL Fernandina Beach FL Brainerd MN Fruita COHigh River AB North Mankato MN Cayce SC Mountain Home IDMacomb IL Graham NC Traverse City MI Uvalde TXStuart FL Albemarle NC Phoenixville PA Charleston ILCamrose AB South Burlington VT Yellowknife NT Norwood OHSouth St. Paul MN Punta Gorda FL West Saint Paul MN Marquette MIAshland ORKlamath Falls OR Hamtramck MI Auburn MEWatertown WIBurlington IA Freeport IL Clinton IASandusky OHMarysville OH Zanesville OH Grandview MOStevens Point WIWooster OH Superior WI Winona MNThomasville GAMason City IA Port Chester NY Fitchburg WI Ithaca NYBowling Green OH Dover NH Danville ILWeatherford TX Penticton BC Leduc AB Panama City FLPlainfield IN Rock Island IL Urbana IL Norwich CTHot Springs AR Grants Pass OR Culver City CA Danville VAFlorence AL Hickory NC Woonsocket RI Moline ILBurlington VT Trelleborg Scania York PA Winter Haven FLCharlottesville VA Roswell NM Harrisburg PA Dunwoody GAWilson NCTwin Falls ID Grand Island NE Mooresville NCLa Crosse WIOlympia WA Manhattan KS Tigard ORPocatello IDCorvallis OR Lancaster PA West Allis WIPetaluma CACouncil Bluffs IA Chapel Hill NC Cheyenne WYSchenectady NYWest Des Moines IA Conway AR Gaithersburg MD Jackson TNGreenville SC Kissimmee FL Bismarck NDMissoula MT Pasco WA Scranton PA Alameda CALynchburg VA Mountain View CA Fayetteville AR Champaign ILFort Smith AK Santa Monica CA Redding CA Bellingham WAAsheville NC Yakima WA Dearborn MI Chico CALawrence KS Flint MI Roanoke VA Bend ORTuscaloosa AL San Angelo TX South Bend IN Davenport IAGreen Bay WIBillings MT Peoria IL West Palm Beach FLManchester NHTemecula CA Clearwater FL Cambridge MALansing MIAnn Arbor MI Berkeley CA Hartford CTNorman OKWilmington NC Fargo ND Cedar Rapids IAKingston ONSt. Catharines ON Gainesville FL Dayton OH Rockford ILBridgeport CT Syracuse NY Pomona CAOshawa ON Eugene OR Santa Rosa CA Providence RIFort Lauderdale FL Chattanooga TN Akron OH Grand Rapids MILittle Rock AR Rochester NY Birmingham AL Oakville ONTacoma WA Regina SK Kitchener ON Norfolk VAWinston-Salem NC Buffalo NY Madison WI Durham NCAnchorage AK Cincinnati OH St. Paul MN St. Louis MOLexington KYHonolulu HI Cleveland OH Wichita KSNew Orleans LATulsa OK London ON Minneapolis MNHalifax NSOakland CA Laval QC Raleigh NCOmaha NEColorado Springs CO Kansas City MO Fresno CAAlbuquerque NMMilwaukee WI Baltimore MD Louisville KY Portland ORDetroit MI Nashville TN Boston MAWashington DC DC Seattle WA Indianapolis IN San Francisco CAColumbus OH Fort Worth TX Jacksonville FL Ottawa ONAustin TX Edmonton AB San Jose CA Montgomery County MDCalgary AB San Antonio TX Philadelphia PA Phoenix AZAlameda County CA Montreal QC Houston TX Toronto ON Resolution 2021-05 Parking Requirements in the Unified Development Code Page 1 of 3 BOZEMAN PARKING COMMISSION RESOLUTION 2021-05 A RESOLUTION OF THE PARKING COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ABOUT PARKING REQUIREMENTS IN THE UNIFIED DEVELOPMENT CODE. WHEREAS, the City of Bozeman has granted the Parking Commission authority to manage parking in the downtown area and any other parking permit areas (MCA7-14-4634); and, WHEREAS, the Bozeman Parking Commission authorized the creation of subcommittees in Resolution 2021-03 and the Policy Subcommittee has identified parking minimum reductions as top priority for their work: and, WHEREAS, the City of Bozeman Strategic Plan identifies a Well Planned City (Goal 4) as a key priority for the City and also identifies a vibrant downtown, districts and centers (4.4) and a high quality urban approach (4.2) as sub goals: and, WHEREAS, the 2016 Downtown Parking Strategic Management Plan Strategy 7 is for the Parking Commission and Parking Services to evaluate code-based parking minimums; and, WHEREAS, the 2019 Downtown Bozeman Strategic Plan’s Goal 3, The Heart of a Thriving City, calls for simplified parking requirements for the downtown core; and, WHEREAS, the Parking Commission has the ability to submit comments to the Zoning and Planning Board as well as the Department of Community Development during the October 2021 Unified Development Code rewrite: and, WHEREAS, parking space can range from $3,000 for surface lot spaces to more than $60,000 for underground structure parking and are a main driver of costs for new development; and, WHEREAS, unnecessary parking requirements drives up the cost of both residential and commercial construction which burdens residents and business owners; and, WHEREAS, reducing parking minimums is an identified strategy for the City of Bozeman to meet the goals laid out in the 2020 Climate Action Plan: and, NOW THEREFORE, BE IT RESOLVED that the Bozeman Parking Commission recommends the Bozeman City Commission and Planning and Zoning Commissions adopt the below parking DocuSign Envelope ID: BA1C8748-7A1B-4D34-B40D-611BC3FEE6D5 Resolution 2021-05 Parking Requirements in the Unified Development Code Page 2 of 3 requirements in the Unified Development Code for residential, commercial, and mixed use developments: 1. A minimum of one parking space per 1000 SF of conditioned space 2. A maximum of three surface parking spaces per 1000 SF of conditioned space 3. Required parking shall be rounded to the nearest whole parking space (e.g. 1400 SF = 1 parking space; 1600 SF = 2 parking spaces), to the nearest square foot and with halves rounded up 4. For mixed use developments, requirements for commercial and residential uses shall be calculated separately, with a reduction of up to 50% of the lesser of the two requirements allowed 5. Affordable housing developments, developments within one half mile of high frequency transit stops, the B-3 Zoning District, and redevelopments of less than 5000 SF are exempted from required minimums 6. No additional credits or reductions are given or allowed except for a residential allowance of one parking space per 24 linear feet of parkable curb frontage (or alternative parking arrangement approved by the City) 7. Exceptions to these requirements, for qualifying developments, are available through a Planned Unit Development, subject to City Commission review and approval Further, the Bozeman Parking Commission recommends the Planning and Community Development Department and the City Commission use the below definitions for conditioned space, affordable housing, and High Frequency Transit” 1. Conditioned space: insulated, heated or cooled space, to include livable and leasable space, exclusive of garages, storage areas, and other spaces not intended for habitation or commercial use 2. Affordable housing: as defined in Bozeman Municipal Code Sec. 38.700.020. 3. High frequency transit: transit service meeting currently defined standards of “transit availability” and having headways of 20 minutes or less (acknowledging that Bozeman currently does not currently have any service that would meet this standard) Passed and adopted by the Parking Commission of the City of Bozeman, Montana, at a session held on the 12th day of August 2021. ______________________________________ Jim Ness, Chair Bozeman Parking Commission DocuSign Envelope ID: BA1C8748-7A1B-4D34-B40D-611BC3FEE6D5 Resolution 2021-05 Parking Requirements in the Unified Development Code Page 3 of 3 ATTEST: ___________________________ Mike Veselik, Interim Parking Manager City of Bozeman DocuSign Envelope ID: BA1C8748-7A1B-4D34-B40D-611BC3FEE6D5 1 UDC Parking Minimums Discussion and Reference Material 5 August 2021 Table of Contents Memorandum: Recommendations ......................................................................................... 3 Parking Comparisons – 106 E Babcock .................................................................................... 5 Parking Comparisons – Mixed Use .......................................................................................... 9 Parking Comparisons – Residential ........................................................................................ 11 SID 565 Background .............................................................................................................. 12 Parking Recommendations in Currently Adopted Plans .......................................................... 13 2016 Downtown Strategic Parking Management Plan ..................................................................... 13 2020 Bozeman Community Plan ..................................................................................................... 13 2020 Bozeman Climate Plan ........................................................................................................... 13 2020 Bozeman Community Housing Action Plan ............................................................................. 14 Bozeman City Commission Strategic Plan ........................................................................................ 15 2019 Downtown Bozeman Improvement Plan ................................................................................ 15 Parking Minimums and Maximums in Peer Cities .................................................................. 17 Parking Minimums ......................................................................................................................... 17 Great Falls, MT ................................................................................................................................................... 17 Aspen, CO .......................................................................................................................................................... 17 Whitefish, MT .................................................................................................................................................... 17 Kalispell, MT ...................................................................................................................................................... 18 Open Option Parking - Citywide ...................................................................................................... 19 Minneapolis ....................................................................................................................................................... 19 Sacramento, Berkeley, San Francisco ................................................................................................................ 19 South Bend, IN ................................................................................................................................................... 19 Edmonton, Canada ............................................................................................................................................ 19 Buffalo, NY ......................................................................................................................................................... 19 Open Option Parking - Central Business District .............................................................................. 19 Parking Maximums ......................................................................................................................... 21 Portland, OR ...................................................................................................................................................... 21 Hartford, CT ....................................................................................................................................................... 21 Helena, MT ........................................................................................................................................................ 21 Seattle ................................................................................................................................................................ 21 San Diego, CA ..................................................................................................................................................... 21 2 London ............................................................................................................................................................... 21 Zurich ................................................................................................................................................................. 21 Others ................................................................................................................................................................ 22 Existing Bozeman Unified Development Code Parking Requirements ..................................... 23 3 Memorandum: Recommendations 5 August 2021 Re: Recommendations from the Policy Subcommittee to the Parking Commission Relevant Plans: Bozeman City Commission Strategic Plan, 2016 Downtown Strategic Parking Management Plan, 2020 Bozeman Community Plan, 2020 Bozeman Climate Plan, 2020 Bozeman Community Housing Action Plan; and, 2019 Downtown Bozeman Improvement Plan Any future reductions in parking must be accompanied both by improvements to our transportation system (making it easier to access destinations by other modes), changes in land use (leading to more people living near their daily destinations and greater opportunities to share parking between complimentary uses), and changes in incentives to level the playing field between driving and other modes. It is acknowledged that demand for parking will result in the creation of new parking, with or without code-based minimums. Mixed-use developments can more easily share parking than single-use developments. Land use planning and the availability of other modes both play an important role in successfully reducing parking without causing hardships or harming economic vitality. Changes in standards should move in the direction of simplification. Current code language provides numerous exemptions, relaxations, and waivers (credits for bike racks, street frontage, first 3000 SF free, etc.)—the result of which is frequently complicated calculations to arrive at actual required parking that is considerably lower than current code tables would suggest at face value (see the Parking Comparisons, below). Having reviewed the currently adopted City of Bozeman plans, current practices among peer cities and policy leaders, and evaluated the impacts proposed changes with respect to recent and pending City of Bozeman projects, the Policy Subcommittee recommends simplification and a general reduction of UDC parking requirements as follows: • A minimum of one parking space per 1000 SF of conditioned space • A maximum of three surface parking spaces per 1000 SF of conditioned space • Required parking shall be rounded to the nearest whole parking space (e.g. 1400 SF = 1 parking space; 1600 SF = 2 parking spaces), to the nearest square foot and with halves rounded up • For mixed use developments, requirements for commercial and residential uses shall be calculated separately and a reduction allowed of 50% of the lesser of the two 4 • Affordable housing developments, developments within one half mile of high frequency transit stops, and redevelopments of less than 5000 SF are exempted from required minimums • No additional credits or reductions are given or allowed except for a residential allowance of one parking space per 24 linear feet of parkable curb frontage (or alternative parking arrangement approved by the City) • Exceptions to these requirements, for qualifying developments, are available through a Planned Unit Development, subject to City Commission review and approval. Definitions: • Conditioned space: insulated, heated or cooled space, to include livable and leasable space, exclusive of garages, storage areas, and other spaces not intended for habitation or commercial use • Affordable housing: as defined in Sec. 38.700.020. • High frequency transit: transit service meeting currently defined standards of “transit availability” and having headways of 20 minutes or less (acknowledging that Bozeman currently does not currently have any service that would meet this standard) Regarding downtown, all members of the Policy Subcommittee recommend removing minimums for the downtown core. For the B-3 district outside of the downtown core, discussed options ranged from a simplified and reduced standard to open option parking throughout the district. It is acknowledged that adopting “open option” parking for the entire B-3 district provides a simple and direct solution to resolving the complicated legacy of SID 565. Current Parking Requirements (B-3 Zoning) 106 East Babcock Street USE GROSS AREA (SF) NET AREA (SF)(0.85 Multiplier) FACTOR REQUIRED SPACES Main Floor (Existing + New) (less 3,000 B-3 Reduction) 13,461 (less 3,000 B-3 Reduction) 11,442 1 per 250 SF 45.8 Basement (Existing + New) 15,179 12,902 1 per 250 SF 51.6 Second Floor Addition 8,023 6,820 1 per 250 SF 27.3 Third Floor Addition 7,176 6,100 1 per 250 SF 24.4 SUBTOTAL 43,839 37,264 149.1 APPLICABLE PARKING REDUCTIONS B-3 Office Use Designation 20% Transit Availability—Covered Bus Stop 10% Structured Parking within 800 feet 15% Covered Bike Parking and Showers Provided 10% TOTAL APPLICABLE PARKING REDUCTIONS 55% -82.01 PARKING REQUIRED AFTER REDUCTIONS 67.09 SID 565 -19.5 REQUIRED SPACES 47.6 PROPOSED SPACES ON-SITE 51 106 East Babcock Street Current Parking Requirements (B-2M Zoning) Parking Demand Calculations Parking Required Office (46,839 gfa)93 spaces (2 x 1,000 sf) TOTAL REQUIRED PARKING 93 spaces Policy Subcommittee Notes • In the B-3 and B-2M zones 1 space per residential unit is required • Bike parking for B-3 example is 14 spaces, 9 spaces in B-2M example 106 East Babcock Street Proposed Parking Requirements (B-3 Zoning) Parking Demand Calculations Parking Required Office (46,839 gfa)47 spaces (1 x 1,000 sf) TOTAL REQUIRED PARKING 47 spaces 106 East Babcock Street Proposed Parking Requirements (Mixed-Use) Parking Demand Calculations Parking Required Office (31,640 conditioned area)31 spaces (1 x 1,000 sf) Residential (15,199 conditioned area)15 spaces (1 x 1,000 sf - less half of lower required) TOTAL REQUIRED PARKING 38 spaces (Includes reduction for Mixed-Use) Policy Subcommittee Notes • In this example, the project created 80% of the parking required under B-3 and 40% of that in B-2M. Max parking would be 138 spaces • If example project built under current code with allowable reductions for mixed use 43 spaces would have been required, with an additional reduction of 19 spaces available under SID 965. Total parking required would therefore have been 24 spaces. (Calculations not included) • Bike parking required would be 4 spaces - Recommend two bike parking spaces required per required vehicle parking before reductions Current Parking Requirements (REMU Zoning) Parking Demand Calculations Parking Required Office (41,830 gfa)142 spaces (1 x 250 sf) Restaurant (8,265 gfa)140 spaces (1 x 50 sf) Arts & Entertainment Center (6,850 gfa)25 spaces (1 space x 4 seats) Retail (4,150 gfa)11 spaces (1 x 300 sf) 1-bedroom unit (10 units)15 spaces (1.5 per unit) 2-bedroom unit (5 units)10 spaces (2 per unit) 3-bedroom unit (6 units)18 spaces (3 per unit) TOTAL REQUIRED PARKING 216 spaces (w/ reductions, no residential required) Mixed Use Proposed Parking Requirements (REMU Zoning) Parking Demand Calculations Parking Required Office (41,830 gfa)42 spaces (1 x 1,000 sf) Restaurant (8,265 gfa)8 spaces (1 x 1,000 sf) Arts & Entertainment Center (6,850 gfa)7 spaces (1 x 1,000 sf) Retail (4,150 gfa)4 spaces (1 x 1,000 sf) Residential Units - Same Mix as Above Ex. (35,537 gfa) 36 spaces (1 x 1,000 sf - less half of lower re- quired) TOTAL REQUIRED PARKING 79 spaces (Includes reduction for Mixed-Use) Policy Subcommittee Notes • In this example, the project created ~37% of the parking required under current code require- ments. Max parking would be 291 spaces Mixed Use Current Parking Requirements (REMU Zoning) Parking Demand Calculations Parking Required 1-bedroom unit (10 units)15 spaces (1.5 per unit) 2-bedroom unit (5 units)10 spaces (2 per unit) 3-bedroom unit (6 units)18 spaces (3 per unit) TOTAL REQUIRED PARKING 43 spaces Policy Subcommittee Notes • Reductions for adjacent on-street of one parking space per 24 linear feet of parkable curb frontage (or alternative parking arrangement approved by the City) Residential Project Proposed Parking Requirements (Residential Zoning) Parking Demand Calculations Parking Required 1-bedroom unit (10 units x 900 sf)9 spaces (1 per 1,000 sf) 2-bedroom unit (5 units x 1,000 sf)5 spaces (1 per 1,000 sf) 3-bedroom unit (6 units x 1,100 sf)6 spaces (1 per 1,000 sf) TOTAL REQUIRED PARKING 20 spaces Policy Subcommittee Notes • In this example, the project created ~47% of the parking required under current code require- ments. Max parking would be 60 spaces • Allowable reductions remain for adjacent on-street parking remains as described above Residential Project Parking Commission Policy Subcommittee Meeting June 16, 2021 • Special Improvement District (SID) 565 (Ghost Space): A SID is a method of assessing prop- erties within a designated area to pay for utilities or improvements including parking. SID No. 565 was originally established in 1978 as a funding mechanism to create new surface parking lots downtown. Since the creation of those surface lots, the assessment for SID 565 nor pay- ment of assessments has been made since 1999. • The Strategic Parking Plan (Strategy 8) called for an investigation of the SID 565 parking spaces. • Reductions against parking requirements. Needed Parking Spaces (1979) - Available Spaces (1979) = Total Assigned Spaces. • Parking is not required beyond those spaces required at the time of the SID adoption, provid- ed the use of the real property and improvements remains unchanged from the initial assess- ments of SID No. 565. • Unclear if the SID may be expired or “sunset.” Next Steps (Strategy 8 - Strategic Parking Management Plan) • Initiate a legal review of 38.25.040.A.3.b.(4), BMC to garner an objective ruling as to the con- tinued applicability of SID No. 565 for current and/or future parking operations or decision- making related to current parking assets. • Make appropriate revisions to this section of the code. This could include clarifying revisions or removal of this provision from the code. SID 565 Infographic 13 Parking Recommendations in Currently Adopted Plans 2016 Downtown Strategic Parking Management Plan STRATEGY 7: Re-evaluate code-based parking minimum requirements (38.25.040 A.2. a & b, BMC). Implementation Timeline: Near-Term (by June 2017) Current code outlines a range of minimum parking requirements for specific land uses. The consultant’s initial review indicates that the requirements are very high when compared to other cities, and not calibrated to multi-modal goals. For example, the current minimum requirement for restaurants is 16.6 stalls per 1,000 SF of interior space, while office starts with a minimum of 4 stalls per 1,000 SF and retail 3.3 stalls per 1,000 SF. Though provisions in the code allow for reductions in minimum requirements, the starting point may be too high, particularly in relation to goals for compact urban form, multi-modalism, and development costs. Minimums that are not "right-sized" force developers to over-build, and drive down cash- in-lieu fees. The Bozeman parking code should be re-evaluated to right size-minimums and simplify implementation. Bozeman’s current parking code outlines a range of minimum parking requirements for specific land uses. RWC’s initial review indicates that the minimum requirements are (a) very high when contrasted with other comparable cities and (b) not calibrated at all to desired multi-modal goals. 2020 Bozeman Community Plan Goal DCD-3: Ensure multimodal connectivity within the City. DCD-3.6 Evaluate parking requirements and methods of providing parking as part of the overall transportation system for and between districts. Goal M-1: Ensure multimodal accessibility. M-1.12 Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere, acknowledging that demand for parking will still result in new supply being built. 2020 Bozeman Climate Plan Action 3.G.2. Revise Development Code to Enhance Compact and Sustainable Development 14 2020 Bozeman Community Housing Action Plan On-Going Strategies: Flexible Development Standards Modified land use regulations in exchange for community housing. May include reductions in parking, setbacks, open space, height limits, road widths, etc. Quality, compatibility, safety and neighborhood impacts are concerns. 15 Bozeman City Commission Strategic Plan 4.2 High Quality Urban Approach b) Complete Unified Development Code, Phase 2 - Once the updated Unified Development Code (UDC) for growth and infrastructure is adopted by City Commission, begin Phase 2 of UDC to address parking standards and affordable housing and sign code. c) Parking Management by District - Develop a comprehensive, integrated approach to parking management for the downtown, midtown, university, and other districts. Consider a range of solutions including both on-street parking and parking garages. 2019 Downtown Bozeman Improvement Plan Eliminate parking requirements in the “Core Area” and simplify standards for the rest of the B3 zone by eliminating all parking reductions in favor of a flat standard and making shared parking and off-site parking easier. Institute the following requirements: • 0.6 spaces per hotel room (including accessory uses up to 20% of the building area) • 1 space per 1,000 gross square feet for all commercial uses to create a simple “blended rate.” 16 17 Parking Minimums and Maximums in Peer Cities Parking Minimums Great Falls, MT Great Falls, retail stores are required to have one space per 240 square feet or for retail larger than 5,000 square feet, it’s 20 spaces plus one per 300 square foot in excess of 5,000. Source Aspen, CO Source Whitefish, MT Residential: • One-family dwelling: 2 spaces per dwelling unit • Two-family dwelling: 2 spaces per dwelling unit • Multi-family dwelling: 1.25 spaces per studio/efficiency unit; 1.5 spaces per one- bedroom unit; 2 spaces per dwelling unit, plus 1 guest space for each 3 units per two-bedroom or larger units 18 Retail or personal service stores: 1 space per 300 square feet of gross floor area Kalispell, MT Residential Single Family Residence, Accessory Single Family, and Duplex: 2 spaces per unit. Multi-Family: 1 space per efficiency unit and 1.5 spaces per units with 1 or more bedrooms. Retail 1 per 300 square feet gross floor area. Source 19 Open Option Parking - Citywide Minneapolis 2018: The usual ratio of one parking space for every one unit was cut in half for larger apartment projects and was eliminated entirely for projects with 50 or fewer units located near high-frequency transit. … Apartment developers proposed projects with fewer parking spaces. That lowered the cost of construction. So, such projects began offering rents below the market's established levels. New studio apartments, which typically went for $1,200 per month, were being offered for less than $1,000 per month. Source May, 2021: Minneapolis City Council unanimously eliminates parking requirements. Council President Lisa Bender said that the change aligns with the city's climate and greenhouse gas emission goals outlined in the Minneapolis 2040 Comprehensive Plan. Source Sacramento, Berkeley, San Francisco In January 2021, the Sacramento City Council voted to approve citywide zoning reforms in its General Plan, including abolishing parking minimums. Sacramento also pledged to begin studies on parking maximums. In January 2021, City of Berkeley officials voted to eliminate off-street parking requirements for new developments. The city also implemented parking maximums in transit-rich areas. In 2018, San Francisco passed an ordinance that eliminated parking minimums citywide, for all uses. Parking is no longer required for any new developments anywhere in San Francisco. Most use types are also prohibited from providing more than 0.5–1.5 spaces, depending on the zoning of the district. Source South Bend, IN [In January 2021] the City of South Bend became the latest US city to make parking optional for all new homes and business developments. Source Edmonton, Canada In 2020, “Eliminating parking minimums paves the way for more diverse, affordable housing choices, and walkable main street shopping areas and local amenities, such as neighbourhood coffee shops,” the city release stated. Source Buffalo, NY Open Option Parking - Central Business District • Missoula • Fargo • Billings 20 • Bismarck, ND • Eugene, OR • Ashland, OR • Ketchum, ID • Sandpoint, ID (Success Stories) • Boise, ID • Fort Collins, CO • Yakima, WA • North 7th Ave / Midtown - Bozeman (Article) 21 Parking Maximums Portland, OR Portland enacted a parking maximum ordinance by creating multiple formulas for different use categories. For example, a general office category is allowed one parking space per 294 square feet of office space, maximum. Source Hartford, CT Hartford manages parking lot sizes by setting out parking maximums though a table of uses classifications. Helena, MT Establishes maximum parking ratios as a percent above the minimum parking ratio (e.g. no more than 110% of the minimum for parking lots of more than 51 spaces). Source Seattle Seattle allows a maximum of one parking space per 1,000 square feet of office space downtown, and is considering extending this limit to areas outside of downtown as well. Source San Diego, CA Eliminated parking requirements in March 2019 and created maximum of one parking space per unit for new apartments and condos downtown. Parking spaces must also be unbundled (that is, parking spaces are leased separately from housing units). Source London In 2004, London reversed its parking requirements, eliminating the previous minimums and putting new maximums on parking supply for all developments in the metropolitan area. Source Zurich Zurich's parking policy evolved from 'conventional' parking minimums in the 1960s to parking maximums in 1989. An 'historic compromise' was reached in 1996, and the final policy was put to a public vote in 2010. Source 22 Others Source Created: 2021-05-28 22:01:06 [EST] (Supp. No. 10) Page 23 of 32 Existing Bozeman Unified Development Code Parking Requirements As of July, 2021 Sec. 38.540.010. General provisions. A. Parking is one part of the overall multimodal transportation system. Individual choice of travel mode and development characteristics influence the need for parking. The purpose of this division 38.540 in requiring parking spaces is to ensure provision of off-street motor vehicle parking, bicycle parking, and other transportation access facilities in rough proportion to the generalized parking and transportation demands of different land uses which locate at a site. Some sites, such as those that are located in close proximity to transit, have good access to pedestrian facilities or have off-set peak uses may require less on-site parking. The purpose of these standards is to provide functional parking areas adequate to the needs of users, create shaded areas within parking lots, reduce glare and heat build-up, reduce stormwater surges, provide visual relief within paved parking areas, emphasize circulation patterns, avoid the negative impacts associated with spillover parking into adjacent neighborhoods (while at the same time avoiding the negative environmental and urban design impacts that can result from excessive parking lots and other vehicular use areas) and enhance the visual environment. The provisions of this division are also intended to help protect the public health, safety, and general welfare by: helping avoid and mitigate traffic congestion; encouraging multimodal transportation options and enhanced pedestrian safety; providing methods to reduce the amount of impervious surfaces in parking areas and adequate drainage structures in order to reduce the environmental impacts of stormwater runoff; encouraging paving or alternate means of surfacing of parking areas in order to address dust abatement and improve air quality; and providing flexible methods of responding to the transportation and access demands of various land uses in different areas of the city. In achieving these purposes this division interacts with the requirements of division 38.550 of this chapter. The design of off- street parking is the responsibility of the developer and must consider traffic circulation, intended landscaping, pedestrian access and circulation, and other purposes of this chapter. Created: 2021-05-28 22:01:07 [EST] (Supp. No. 10) Page 24 of 32 Sec. 38.540.050. Number of parking spaces required. A. The following minimum number of off-street, paved parking spaces for motor vehicles and bicycles must be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth. When calculation of the required parking results in a fraction of a parking space being required, the fractional space is not required to be provided. 1. Residential uses. a. Minimum requirements. The number of spaces shown in Table 38.540.050-1 must be provided subject to the adjustments allowed in this subsection 1. Parking stalls required pursuant to the Americans with Disabilities Act or other similar federal or state law may be provided from the minimum number of required parking stalls. All site plans submitted for permit purposes must identify parking space allocations. Fees may be charged by the landowner for the use of required parking spaces. (1) One parking space for each 24 uninterrupted linear feet of available street frontage usable for on-street parking directly adjacent to a lot may be deducted from the total parking spaces required for a development. The number of on-street spaces calculated may not exceed the number of dwellings on the lot. The width of drive accesses, designated non- parking areas, vision triangles, and similar circumstances may not be considered to be available for the purpose of on-street parking space. Table 38.540.050-1 Dwelling Types Parking Spaces Required per Dwelling Accessory dwelling unit 1 Lodginghouse 0.75 spaces per person of approved capacity Efficiency unit 1.25 (1.0 in R-5) One-bedroom 1.5 (1.25 in R-5) Two-bedroom 2 (1.75 in R-5) Three-bedroom 3 (2.5 in R-5) Dwellings with more than three bedrooms 4 (3 in R-5) Group homes and community residential facilities 0.75 spaces per person of approved capacity1 Bed and breakfast 1 space/rental unit Manufactured home 2 All types of dwellings within the B-3 district 1 Group living /cooperative household/fraternity/sorority 1 space per resident1 Transitional and emergency housing 0.25 spaces per person of approved capacity1, 2 1 A facility may request to provide fewer parking spaces if the applicant provides evidence that some or all residents are prohibited from operating motor vehicles. Under no condition may less than two parking spaces be provided. If the use of the facility is altered to serve a different population who may operate motor vehicles, then the additional required parking must be provided before the change in use may occur. 2 Additional services and facilities to serve non-residents must provide parking in accordance with this Table 38.540.050-3. b. Adjustments to minimum requirements. Created: 2021-05-28 22:01:07 [EST] (Supp. No. 10) Page 25 of 32 (1) Affordable housing. When calculating the amount of required parking for affordable housing, as defined in section 38.700.020 of this chapter, if the project is guaranteed for use as affordable housing for a minimum period of 20 years and the use as affordable housing is subject to long term monitoring to ensure compliance and continued use as affordable housing, required parking spaces must be calculated based on number of bedrooms outlined in Table 38.540.050-1, but may not exceed two spaces per unit. (2) Residential uses in mixed-use projects. In order to utilize this section, the long term availability of the non-residential parking spaces upon which the use of this section was based must be ensured to the residents of the project. For the purpose of this section a building is considered mixed-use if the non-residential portion of the building is at least one-quarter of the gross square feet not used for parking. Residences in mixed-use buildings may count on-street parking per subsection 1.a.(1) of this section even if the area is subject to occupancy time limits. The use of this section does not preclude the use of other sections of this chapter which may have the effect of reducing the required amount of parking. When calculating the amount of required parking for residential uses within a mixed-use project the amount of parking may be reduced subject to Table 38.540.050-2. Table 38.540.050-2 Reduction Allowed Ratio of Required Non-residential to Required Residential Parking Spaces 50% Greater than 1:1 but less than 3:1 100% Equal to or greater than 3:1 (3) A car-sharing agreement meeting the criteria established by the community development director may be used to meet the required number of parking spaces. To use this option the development must have more than five dwelling units. Each vehicle provided through a car sharing agreement counts as required parking at a ratio of one dedicated car-share space to five standard spaces, up to a maximum of 50 percent of the total required residential parking. (4) Transit availability. A residential development subject to site plan review may take a ten percent reduction in required parking spaces where the development is within 800 feet of a developed and serviced transit stop. For the purpose of this subsection a transit stop is eligible when it has a shelter installed which meets the standards of and is approved by the transit provider, and service is provided on not less than an hourly schedule a minimum of five days per week. 2. Non-residential uses. a. Minimum requirements. The number of spaces shown in Table 38.540.050-3 must be provided subject to the adjustments allowed by this division 38.540. Spaces are not required to be provided free to the user. The required number of disabled parking stalls required by the Americans with Disabilities Act Accessibility Guidelines (ADAAG) may be provided from the minimum number of required parking stalls. Accessible spaces count towards satisfying minimum parking requirements. All site plans submitted for permit purposes must identify parking space allocations. When a use is not included in Table 38.540.050-2, the review authority will determine the appropriate classification for the purpose of required parking. b. Maximum parking. Provision of parking spaces in excess of 125 percent of the minimum number of spaces required for the net floor area in this subsection 2 is not permitted. Table 38.540.050-3 Created: 2021-05-28 22:01:07 [EST] (Supp. No. 10) Page 26 of 32 Use Type Off-Street or Off-Road Parking Spaces Required Automobile sales 1 space per 200 square feet of indoor floor area; plus 1 space per 20 outdoor vehicle display spaces Automobile service and/or repair station 2 spaces per service stall, but no less than 4 spaces Automobile washing establishment Automatic drive-through 3 spaces or 1 for each employee on maximum shift; plus stacking space Self-service 2 spaces per stall not including washing or drying spaces Bank, financial institutions 1 space per 300 square feet of floor area Bowling alley 2 spaces per lane; plus 2 spaces per billiard table; plus Church 1 space per six persons of maximum occupancy load (as identified in the International Building Code) for main assembly hall, public assembly areas and classrooms Community or recreation center 1 space per 200 square feet of floor area Community residential facility with more than 9 residents or age restricted housing 1 space per unit Health and exercise establishment 1 space per 200 square feet of floor area; plus 3 spaces per court Day care centers 1 space per staff member plus 1 space per 15 children permitted Furniture stores over 20,000 square feet 3 spaces per 1,000 square feet of floor area Golf courses 1 space per 200 square feet of main building floor area; plus 1 space for every 2 practice tees in driving range; plus 4 spaces per each green in the playing area Hospitals 1 space per bed. Medical and dental offices 4 spaces for each full-time equivalent doctor or dentist; plus 1 space for each full-time equivalent employee Manufacturing and industrial uses 1 space per 1,000 square feet of floor area, plus 1 space per 2 employees on maximum working shift Motels, Hotels 1.1 spaces per each guest room; plus 1 space per employee on maximum shift; plus spaces for accessory uses as follows: Restaurants, bars, dining rooms 1 space per 60 square feet of indoor public serving area; plus 1 space per 120 square feet of outdoor (patio) area Commercial area 1 space per each 400 square feet of floor area Public assembly areas 1 space for each 5 seats based upon design capacity, except that total off-street parking for public assembly may be reduced by 1 space for every 4 guest rooms Nursing homes, rest homes or similar uses 4 spaces; plus 1 space for each 3 beds; plus 1 space for each employee on maximum shift Offices (except medical and dental) 1 space per 250 square feet of floor area Outdoor sales (plant nurseries, building materials, equipment rental and similar) 1 space per 500 square feet of sales and/or display area. The size of the sales and/or display area will be determined on a case-by-case basis. Created: 2021-05-28 22:01:07 [EST] (Supp. No. 10) Page 27 of 32 Restaurants, cafes, bars and similar uses 1 space per 50 square feet of indoor public serving area; plus 1 space per 100 square feet of outdoor (patio) area Retail store and service establishments 1 space per 300 square feet of floor area Sales sites; model homes 1 space per 250 square feet of model floor areas; plus 1 space per employee Schools Elementary and/or junior high 1.5 spaces for each classroom, library, lecture hall and cafeteria; plus 1 space for each 3 fixed seats in the area of public assembly, or 1 space for each 25 square feet of area available for public assembly if fixed seats are not provided Senior high 1.5 spaces for each classroom or lecture hall; plus 1 space per each 5 students; plus 1 space for each nonteaching employee; plus 1 space per each 3 fixed seats in the area of public assembly, or 1 space per 25 square feet of area available for public assembly if fixed seats are not provided Business or similar school 1 space for each 1.5 students Theater, auditorium or similar 1 space per 4 seats based upon place of assembly design capacity Warehousing, storage or handling of bulk goods 1 space per 1,000 square feet of floor area devoted to storage of goods; plus appropriate spaces to support accessory office or retail sales facilities at 1 space per 350 square feet of floor area c. Adjustments to minimum requirements. To implement the city's adopted growth policy, adjustment of parking requirements within certain areas of the city is desired. Use of this section may not be considered as joint use of parking or off-site parking regulated by sections 38.540.060 and 38.540.070, nor does the use of this section preclude the use of other sections of this chapter which may have the effect of reducing the required amount of on-site parking. More than one adjustment may apply. Multiple adjustments are added together to modify the minimum required parking from Table 38.540.050-3 in a single operation. Multiple adjustments are not applied sequentially. (1) Neighborhood commercial. Within the B-1 and R-O zoning districts implementing a small scale Community Commercial Mixed Use growth policy designation or the B-3 zoning district, the parking requirements for non-residential uses may be reduced. Table 38.540.050-4 Use Allowable Reduction Retail 40 percent Restaurant 50 percent Office 20 percent All others 30 percent (2) Community commercial and residential emphasis mixed use. Within zoning districts lying within a commercial node, as defined in section 38.700.040 of this chapter, and the REMU district the parking requirements for non-residential uses may be reduced. Table 38.540.050-5 Use Allowable Reduction Retail 20 percent Created: 2021-05-28 22:01:07 [EST] (Supp. No. 10) Page 28 of 32 Restaurant 30 percent Office 10 percent All others 10 percent (3) Transit availability. Required parking may be reduced by ten percent in circumstances where the development is within 800 feet of a developed and serviced transit stop. For the purpose of this subsection a transit stop is eligible when it has publicly available cover from weather approved by the transit provider to be equivalent to a transit shelter, and service is provided on not less than an hourly schedule a minimum of five days per week. (4) Structured parking. An additional 15 percent reduction may be taken when the site is within 800 feet of a parking structure of at least 200 spaces, which is available to the general public, and for which a fee for parking is charged. (5) The first 3,000 gross square feet of a non-residential building within the B-3 district or adjacent to designated storefront block frontage per section 38.500.010 is not included in the calculation of required parking. (6) Property owners' have the option of requesting the reduction of up to ten percent of the required parking spaces for non-residential uses if: a. In addition to the minimum otherwise required by this chapter, two covered bicycle parking spaces are provided for each automobile space not provided; and b. For each ten or fraction of ten automobile parking stalls reduced, a non- residential shower, changing area, and five clothing lockers are provided on- site. 3. Exceptions to these parking requirements. Because some situations (i.e., existing lots which have no landscaping, irregular lots, lots with topographic difficulties, etc.) would benefit from an alternative to the required maximum parking areas; because the community's appearance could benefit from additional landscaping, streetscaping and sculptural elements; and because parking exceptions and/or landscaping would encourage development within existing city boundaries; the following alternatives may be permitted. These alternatives may be proposed by the developer for review by the ADR staff. Such proposals may be approved based on a determination that such alternatives meet the following requirements and will not create a congested on-street parking situation in the vicinity of the proposal: a. Landscaping in lieu of parking. Except in the B-3 district, property owners' have the option of requesting the deletion of up to five required spaces or ten percent of the required parking spaces, whichever is less, if 350 square feet of landscaping, trees or streetscaping is installed on the property for each space so deleted. This does not decrease the amount of landscaping that would have been required with full parking, but is in addition to such landscaping. This option must be approved by the ADR staff. These improvements must be placed in the public right-of- way or setbacks directly facing the right-of-way. b. Cash-in-lieu modifications to parking requirements in B-3 district. Where all or part of the required parking spaces cannot be provided for a proposed use in the B-3 District, either through ownership or lease of the necessary land, the petitioner may satisfy the parking requirements by providing an equivalent cash-in-lieu payment according to the following provisions: (1) No building permit must be issued, nor must any use of property be initiated, unless a satisfactory cash-in-lieu payment is received by the department of administrative services; Created: 2021-05-28 22:01:07 [EST] (Supp. No. 10) Page 29 of 32 (2) The parking commission must review and consider all requests for cash-in-lieu payments and furnish a written and dated certificate, signed by the parking commission chair, authorizing cash-in-lieu payments. A copy of this certificate must be presented to the chief building official and community development director before a building permit is issued or the use instituted; (3) For each required parking space not provided, payment must be made to the city administrative services department as specified by standard payment requirements established by the parking commission; (4) All real property assessed by special improvement district (SID) No. 565, or other similarly adopted improvement districts designed to provide additional parking spaces within the B- 3 district, will not be required to provide additional parking spaces beyond those required at the time of the SID adoption, provided the use of the real property and improvements remains unchanged from the initial assessments of SID No. 565, or other similarly adopted improvement districts; (a) In the event that a new use or an expansion is initiated on any portion of real property or improvements are made subsequent to the assessments for SID No. 565 or other similarly adopted improvement districts, then parking space requirements must be satisfied prior to initiation of those new or expanded uses. 4. Bicycle parking required. All site development, exclusive of those qualifying for sketch plan review per division 38.230 of this chapter, must provide bicycle parking facilities to accommodate bicycle-riding residents and/or employees and customers of the proposed development. The number of bicycle parking spaces must be at least ten percent of the number of automobile parking stalls required by Tables 38.540.050-1 and 38.540.050-3 before the use of any special exception or modification, but must in no case be less than two. a. Required bicycle parking must be provided in a safe, accessible and convenient location. Directional signage must be installed when bicycle parking facilities are not readily visible from the street, sidewalk, or main building entrance. Installation of bicycle parking must allow for adequate clearance for bicycles and their riders. b. Bicycle parking may be provided in a common area to serve multiple buildings. The common area must be within 100 feet of each served building. c. Covered bicycle parking is encouraged. d. Bicycle parking is permitted in required front or rear setbacks. Covered parking may be integrated with required weather protection features. Alternate designs will be considered by the review authority provided the alternate design meets or exceeds the intent of this standard 5. Bicycle parking standards. The intent of this sub section is to ensure required bicycle racks are designed so bicycles may be securely locked to them without undue inconvenience and will be reasonably safeguarded from accidental damage. a. Bicycle racks must hold bicycles securely, and meet the following criteria: (1) Support the frame of the bicycle and not just one wheel. (2) Allow the frame and one wheel to be locked to the rack when both wheels are left on the bike. (3) Allow the frame and both wheels to be locked to the rack if the front wheel is removed. (4) Allow the use of either a cable or U-shaped lock. Created: 2021-05-28 22:01:07 [EST] (Supp. No. 10) Page 30 of 32 (5) Be permanently anchored to an all season surface such as pavement, patio stones, or other similar surface, and be located such that it will not become buried by snow removal operations. (6) Be usable by bikes with no kickstand. (7) Be usable by bikes with water bottle cages. (8) Be usable by a wide variety of sizes and types of bicycle. b. Preferred bike rack styles are inverted U, coat hanger, or post and loop racks. Other styles which meet the standards above are acceptable, including enclosed bicycle lockers. Comb and wave style racks do not meet the required standard. c. Bicycle parking location: (1) Bicycle parking must be located within 50 feet on an entrance to the building the bicycle parking is required to serve. (2) Covered bicycle parking is recommended wherever possible. (3) Bicycle parking may be provided within a building, but the location must be easily accessible. (4) Up to 50 percent or 12 spaces, whichever is less, of required bicycle parking may be located in a required setback(s). Parking area may not interfere with any functional aspect of the site including stormwater facilities, pedestrian circulation, landscaping requirements, etc. (5) Bicycle parking may be located in required front setbacks, but may not occupy more than one-quarter of the total area of a required front setback on an individual street frontage. Departures will be considered (per section 38.250.060) for covered bicycle parking or exceptional design. (6) Screening with landscaping or other means of bicycle parking is not required. (7) Bicycle parking is not permitted within a public street ROW unless prior written authorization is granted by the city engineer for a perpetual encroachment easement. (8) Bicycle racks and the area required for parking and maneuvering must meet the following standards: (a) Bicycle parking spaces must be at least six feet long and two feet wide, and in; (b) Covered situations the overhead clearance must be at least seven feet. (c) An aisle for bicycle maneuvering must be provided and maintained beside or between each row of bicycle parking. This aisle must be at least five feet wide. (d) Each required bicycle parking space must be accessible without moving another bicycle. (e) Areas set aside for bicycle parking must be clearly marked and reserved for bicycle parking only. 6. B-2M district. a. Minimum requirements. The number of spaces shown in Table 38.540.050-6 shall be provided subject to the adjustments and exceptions allowed in this subsection. b. Maximum parking. Provision of parking spaces in excess of the minimum number of spaces required in Table 38.540.050-3 is not permitted. Created: 2021-05-28 22:01:07 [EST] (Supp. No. 10) Page 31 of 32 Table 38.540.050-6 Use Minimum Parking Spaces Required Minimum Bicycle Parking Spaces Required Residential 1 per unit 1 per unit Commercial 2 per 1,000 square feet of gross floor area 1 per 1,000 square feet of gross floor area Restaurant 5 per 1,000 square feet of gross floor area 2.5 per 1,000 square feet of gross floor area Hotels, Motels 0.8 per guest room 2 per 5,000 square feet of gross floor area Arts and/or Entertainment Center 5 per 1,000 square feet of gross floor area 2.5 per 1,000 square feet of gross floor area Manufacturing 2 per 1,000 square feet of gross floor area 2 per 5,000 square feet of gross floor area c. Adjustments to minimum requirements. No reductions in required parking spaces may be taken for any development within the B-2M zoning district, except pursuant to 38.540.060, Joint use of parking facilities. d. Requirements within the Midtown Urban Renewal District in the B-2M zoning district. The minimum parking requirements of this section do not apply within the Midtown Urban Renewal District the boundary of which is described in the Midtown Urban Renewal Plan adopted pursuant to Ordinance 1925 and incorporated herein. All other requirements of this section, including bicycle parking, maximum parking and standards when parking is provided, are applicable. e. Off-site parking. Any off-site parking used to meet the requirements of this chapter for development in the B-2M zoning district must comply with 38.540.060, except that off-site parking for multiple household dwellings may not be located more than 1,000 feet from any commonly used entrance of the principle use served. (Ord. No. 1997 , § 4, 3-19-2018; Ord. No. 2014 , §§ 13, 14, 6-3-2019; Ord. No. 2029 , § 10, 12-18-2019; Order No. 2020-02 , § 1, 11-17-2020) Sec. 38.540.060. Joint use of parking facilities. Up to 80 percent of the non-residential parking spaces required by this division 38.540 may be provided through shared parking, subject to the requirements in subsections A and B of this section. A. Shared parking may be requested if parking can be provided to serve two or more individual land uses without conflict or encroachment. The review authority may make a determination for shared parking arrangements based on a traffic survey or traffic impact study for the site based on the following: 1. At a minimum, a traffic survey or traffic impact study must examine for all potential uses: trip generation, hours of operation, quantity of required parking spaces, quantity of spaces that will be filled during peak hour periods, and any unusual events that may occur during the year that will exceed the average parking requirement. The study must indicate that adequate parking exists to meet the demand of potential uses served as well as meet technical requirements as specified by the review authority. Created: 2021-05-28 22:01:07 [EST] (Supp. No. 10) Page 32 of 32 2. The parties sharing parking spaces must enter into a long-term joint use agreement revocable with review authority approval, running with the term of the designated uses. B. Conditions required for joint use. 1. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use must be located within 1,000 feet of such parking facilities as measured by the route of travel from the nearest parking space to the commonly used entrance of the principal use served; 2. The applicant must show that there is no substantial overlap in the operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed; and 3. A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the city attorney, must be filed with the city clerk and recorded with the county clerk and recorder.