§ 65.732. Shared commercial parking in institutional lots.

The use of existing paved parking lots of churches, colleges, universities, schools and seminaries by permitted business uses in nearby business districts.

Standards and conditions in residential districts:

(a)

Each business using such lot shall be located within five hundred (500) feet of the shared parking lot measured from the property line of the business to the property line of the parking lot; except that the five-hundred-foot distance requirement may be waived if the principal use leases off-street parking for employees only, requires permit parking for employees using such parking lot or uses some other system to ensure that employees really park in the remote lot.

(b)

There shall be no outdoor storage on the parking lot.

(c)

Application for a shared commercial parking permit on an institutional lot must be accompanied by proof of the under utilization of the institutional lot during periods of peak business demand in a report showing:

(1)

The off-street parking need of the institution during the peak demand periods of the business(es).

(2)

The off-street parking need of the business(es) during peak demand periods.

(3)

Extent of parking shortfall for the business(es) during peak demand period(s).

(4)

The number and location of the parking spaces in the institutional lot that may be used by business(es) during peak demand periods.

(5)

The existence, if any, of prior commitments for use of the institutional lot by other businesses or other noninstitutional users.

(6)

The shared parking lease arrangement is not an attempt to avoid liability for property taxes.

(d)

If the shared parking is required by the zoning code, each business use shall provide proof of at least a ten-year lease agreement with the institution for the shared parking arrangement. If the shared parking is not required, each business shall provide proof of at least a two-year lease agreement. Each lease will be reviewed annually.

(e)

The lease agreement must delineate the number of spaces and the specific hours of operation of the parking lot for each day of the week that the lot is to be used by the business. The business lessee must indicate in the lease agreement that it recognizes its responsibility for property taxes imposed under Minnesota Statutes, section 272.01, subdivisions 2(a) and 2(c).

(f)

The zoning application must include the submittal of a site plan drawn to scale showing the layout of the parking lot, all access and egress locations, and the surrounding buildings within one hundred (100) feet of the lot.

(g)

Only passenger vehicles will be allowed in shared parking spaces in institutional lots.