The city council finds and determines:

A.

That the downtown area described in Article II of Chapter 17.68 constitutes an area in which hardship exists because of the shape, size and location of the properties within the said area, and that the minimum parking requirements within said area can best be met and satisfied to the satisfaction of the property owners, the citizens and the city by providing for the payment of money instead of the furnishing of parking spaces that would otherwise be required. Said money shall be used for the ultimate purpose of developing property in the city for parking purposes.

B.

That the following facts and circumstances exist within said area which classify and qualify the entire area as an area where hardship exists.

1.

Substantially all of said area is built up with business and commercial improvements. There is very little available off-street vacant land available for the individual property owners to develop into privately owned parking areas.

2.

Many of the lots within said area are too small in size to allow for adequate off-street parking on each lot.

3.

Individual property owners have no right of eminent domain to acquire more land adjacent to their buildings and improvements for private off-street parking.

4.

The cost to each property owner of providing individual private off-street parking on or adjacent to the improved properties is prohibitive.

(Ord. 87-2 § 27.100, 1987)

It is the purpose of the city council to fund adequate parking facilities by requiring the payment of in-lieu parking fees.

(Ord. 87-2 § 27.105, 1987)

This chapter shall not apply to single-family residences.

(Ord. 87-2 § 27.110, 1987)

The area covered by this chapter is identical to the historical district as defined in Article II of Chapter 17.68 of this title.

(Ord. 87-2 § 27.115, 1987)

A.

All or part of the requirements for furnishing parking spaces may be satisfied by obtaining a permit from the city council allowing payment to the city of three thousand dollars ($3,000.00), or as amended by subsequent resolutions, for each parking space required by the city council. The city council finds that the foregoing sum is the current reasonable cost of acquiring and constructing each parking space in the said downtown area. The city council may, from time to time, by resolution, adjust the in-lieu parking payment.

B.

"Parking space" is defined as the space required in Chapter 17.80 of this title.

C.

Deposit of Funds Received. Said funds shall be deposited with the city in a special fund and shall be administered, used and expended by the city exclusively for the acquisition or development of off-street parking facilities located insofar as practical in the historic district defined hereinabove.

D.

Payment Prior to Building Permit. The payment of in-lieu parking fees herein shall be paid to the city prior to the issuance of a building permit, or prior to the occupancy permit at the planning commission's discretion.

(Ord. 97-01 § 9, 1997; Ord. 87-2 §§ 27.120, 17.125, 17.130, 1987)

An in-lieu parking payment may be refunded by the city, without interest, to the person who made such payment, or his assignee or designee, if, prior to the date said funds are spent or committed by the city to acquire or develop off-street parking facilities, additional off-street parking spaces are provided for such building other than by the city, so as to satisfy the parking requirement for which the in-lieu payment was made.

(Ord. 87-2 § 27.135, 1987)

When sufficient funds are available to the city to acquire or to improve municipal off-street parking for the historic district, the city may proceed to implement this chapter by acquisition or improvement of the said parking facilities.

(Ord. 87-2 § 27.140, 1987)

A.

The plan and program provided for herein shall be optional with the owner, developer, or lessee of any property in the downtown area, and such owner, developer, or lessee shall have the right at all times to meet and comply with the minimum off-street parking pursuant to city requirements. Any such owner, developer, or lessee who may wish to pay in-lieu parking fees as a possible mitigation rather than provide the minimum off-street parking, shall make a variance application with the planning commission. However, the city planning commission shall determine whether or not there should be:

1.

In-lieu parking payments;

2.

Compliance with the minimum off-street parking requirements; or

3.

A combination of both.

B.

In making a determination to require in-lieu parking payments or compliance with minimum off-street parking requirements, or a combination of both, the planning commission shall consider the following criteria:

1.

The shape and size of the property to be improved;

2.

The proposed use of the property;

3.

Availability of parking in nearby areas;

4.

Number of spaces required for the use under the city's parking ordinance.

(Ord. 91-07, 1991: Ord. 87-2 § 27.145, 1987)

Payment pursuant to this chapter shall not relieve owner, developer or lessee from any ad valorem taxes or special district assessments or from any charges which may be imposed for the use of parking spaces within any established municipal off-street parking facilities. The primary purpose and intended effect of the in-lieu parking payments herein is to make provision for an owner, developer or lessee to be relieved from the duty and obligation now imposed by city ordinances to provide minimum on-site or off-site parking facilities for commercial, business and industrial uses and development, and to provide a method and program for the acquisition or development of future municipally owned or operated off-street parking facilities which may serve said land uses.

(Ord. 87-2 § 27.150, 1987)