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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, in addition to which:

A. The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed.

B. In the instance of uses located on separate legal parcels, the applicant shall present a properly drawn legal easement agreement that will ensure the availability of the parking for the uses involved, which agreement has been reviewed and approved by the City Attorney. The agreement shall be signed by all parties concerned with the joint use of the off-street parking facility. The agreement shall be recorded in the County Auditor’s office by the applicants, and a copy of the recorded document shall be provided to the City Clerk and Building Official for inclusion in the building permit file for all affected uses.

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