§ 33-6.35.7. Cooperative parking agreements.

(a)

Generally. Where off-site or shared parking is utilized to meet the minimum parking requirements of this Code, the provisions of this section shall apply.

(b)

Cooperative parking agreement. A cooperative parking agreement shall include:

(1)

A written agreement between the owners and lessees of the properties affected, provided that the written agreement shall:

a.

Be executed for a minimum of twenty (20) years;

b.

Include a reference to the plans required by subsection (2) below;

c.

Require review and approval by the parish attorney; [and]

d.

Be recorded.

(2)

Plans showing:

a.

The location of the uses and parking facilities affected;

b.

Notes describing the off-site or shared parking arrangement, including the schedule of times for shared parking; [and]

c.

A note referencing the written agreement required by subsection (1) above.

(c)

Procedures. To establish and maintain a cooperative parking agreement to satisfy required parking, the following requirements shall apply:

(1)

Application requirements. The following shall be submitted:

a.

A stamped copy of the fully executed and recorded cooperative parking agreement in compliance with subsection (b) above;

b.

An affidavit from each owner or lessee of the properties subject to the cooperative parking agreement testifying that the spaces are not encumbered by other uses or agreements and that the spaces will be retained pursuant to the agreement;

c.

A cross access agreement where parking lots subject to the cooperative parking agreement abut; [and]

d.

Sufficient evidence to establish the status of applicants as owners of parties in interest.

(2)

Application filing and approval. If the cooperative parking agreement satisfies required parking that is:

a.

Part of a development that requires a subdivision or site plan review by the planning department:

1.

The application shall be filed with and subject to the approval of the planning director;

2.

The cooperative parking agreement shall be noted on the affected subdivision or site plan; [and]

3.

If an ordinance is required, the cooperative parking agreements shall be referenced in the ordinance.

b.

Not part of a development that requires a subdivision or site plan review by the planning department, the application shall be filed with and subject to the approval of the director of inspection and code enforcement.

(3)

Annual renewal. An affidavit stating that the cooperative parking agreement is valid and no change in use or hours of operation of the affected properties has occurred shall be submitted annually to the director of inspection and code enforcement.

(4)

Amendments or cancellations. Pursuant to the same procedure and subject to the same limitations and requirements by which the cooperative parking agreement was approved and registered, any such plan may be amended or withdrawn, either partially or completely, if all land and structures remaining under such plan comply with all the conditions and limitations of the plan, and all land and structures withdrawn from such plan comply with the regulations of this section.

(d)

Records. The director of inspection and code enforcement shall maintain all records of cooperative parking agreements.

(e)

Violations.

(1)

A violation shall occur in the following circumstances:

a.

If a use is operated at a time other than during the hours of operation specified in the cooperative parking agreement.

b.

If the cooperative parking agreement expires or otherwise terminates and results in a parking deficiency.

(2)

If any use is operated in violation of a cooperative parking agreement:

a.

The director of inspection and code enforcement shall revoke the Certificate of Use or Occupancy.

b.

Any and all approvals shall be subject to revocation.

c.

Continuation or expansion of the use shall be prohibited unless the use is brought into compliance with the parking regulations of this section.

(Ord. No. 25411 , § 23, 8-23-17)