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5-5(B)   APPLICABILITY
Unless modified elsewhere in this IDO, the requirements of this Section 14-16-5-5 shall apply to all uses and development in any zone district. No final development approval or building permit shall be issued unless the parking requirements of this section are met or modified in accordance with the applicable parking requirements of this IDO.
5-5(B)(1)   Activities that Trigger Parking Requirements
The following activities shall require compliance with the standards in this Section 14-16-5-5:
5-5(B)(1)(a)   Construction of a new primary building.
5-5(B)(1)(b)   Expansion of the gross floor area of an existing primary building by more than 25 percent or 2,500 square feet, whichever is less, from the square footage originally approved, in which case the provisions of Table 5-5-1 and Table 5-5-2 shall apply to the expanded gross floor area of the building. All relevant standards in this Section 14-16-5-5 shall apply to any new parking added to conform with this provision and to any portions of the site affected by the expansion.
5-5(B)(1)(c)   A change in use of a primary building that complies with the requirements of Table 5-5-1 and Table 5-5-2 before the change in use, and that increases the minimum off-street parking requirements for the building by more than 25 percent. Changes in use that result in a smaller increase in off-street parking spaces shall not be required to provide additional parking.
5-5(B)(1)(d)   A change in use associated with a tenant improvement or renovation of a primary building that does not comply with the requirements of Table 5-5-1 and Table 5-5-2 prior to the change in use. Additional parking shall be provided toward fulfilling the required number of off-street parking spaces as follows.
   1.   The maximum number of parking spaces possible is provided in compliance with the standards of Subsection 14-16-5-5(F) (Parking Location and Design) without the removal or partial removal of a structure or required landscaping.
   2.   Any area resulting from the voluntary removal or partial removal of a structure shall be used to provide additional parking toward fulfilling the required number of off-street parking spaces for the new use(s) required by Table 5-5-1 and Table 5-5-2 as adjusted by Section 14-16-5-5(C)(4) (Parking Adjustments and Credits).
   3.   The amount of parking available for the new use is at least 80 percent of the off-street parking spaces for the new use(s) required by Table 5-5-1 and Table 5-5-2, as adjusted by Section 14-16-5-5(C)(4) (Parking Adjustments and Credits).
5-5(B)(1)(e)   Construction of a new parking lot, including any off-street parking required by Table 5-5-1.
5-5(B)(2)   Exemptions and Exceptions
If parking is provided where it is otherwise exempt pursuant to this Subsection 14-16-5-5(B)(2), parking standards in the remainder of this Section 14-16-5-5 shall apply.
5-5(B)(2)(a)   Off-street Parking Exemption
The following areas are exempt from requirements in Subsections 14-16-2-4(E)(3)(g)1 (Minimum Parking Requirements in MX-FB), 14-16-5-5(C) (Off-street Parking), and 14-16-5-5(D) (Motorcycle Parking), except those required to satisfy the Americans with Disabilities Act:
   1.   Downtown Center
   2.   McClellan Park Small Area
   3.   Old Town - HPO-6
5-5(B)(2)(b)   Pre-1965 Primary Buildings
Expansion of the gross floor area of an existing primary building constructed prior to 1965 by less than 200 square feet does not trigger minimum off-street parking requirements, except those required to satisfy the Americans with Disabilities Act, with the following exceptions.
   1.   On lots greater than 10,000 square feet, if the expansion reduces the number of existing parking spaces on the lot, then the off-street parking requirements must be met pursuant to this Section 14-16-5-5.
   2.   On lots 10,000 square feet or less, if the number of existing parking spaces on the lot is reduced by more than 20 percent, then additional parking toward fulfilling the minimum number of off-street parking spaces required by Table 5-5-1 and Table 5-5-2 as adjusted by Subsection 14-16-5-5(C)(4) (Parking Adjustments and Credits) shall be provided pursuant to Subsection 14-16-5-5(B)(1)(d), regardless of whether there is a change of use.
5-5(B)(2)(c)   Barelas Small Area
The minimum off-street parking requirement in the following mapped small area in Barelas is 50 percent of any requirement in Table 5-5-1. No additional parking adjustments or credits are allowed.
5-5(B)(2)(d)   Nob Hill Small Area
Non-residential uses other than restaurants, bars, and nightclubs in establishments of less than 3,000 square feet in the following mapped area do not have to meet minimum off-street parking requirements, except those required to satisfy the Americans with Disabilities Act.
5-5(B)(3)   Existing Parking
Off-street parking or loading spaces provided prior to the effective date of this IDO shall not be reduced or reconfigured in any way that would bring the property or use out of compliance with this Section 14-16-5-5 or would increase the degree of any existing nonconformity with the provisions of this Section 14-16-5-5.
5-5(B)(4)   Allowed Vehicles
The following vehicles are regulated and shall require compliance with the standards in this Section 14-16-5-5:
5-5(B)(4)(a)   Parking of more than 2 truck tractors and 2 semitrailers for more than 2 hours:
   1.   Allowed with the permission of the property owner on a premises with a primary non-residential use allowed by Table 4-2-1 in the MX-M, MX-H, NR-C, NR-BP, NR-LM, and NR-GM zone districts.
   2.   Allowed with the permission of the property owner on a premises with a Temporary Use - Film Production permit.
5-5(B)(4)(b)   Parking of heavy vehicles for more than 2 hours:
   1.   Allowed with the permission of the property owner of a premises with a primary non-residential use allowed by Table 4-2-1 in the in the MX-L, MX-M, MX-H, or any Non-residential zone district.
   2.   Allowed with the permission of the property owner on a premises with a Temporary Use - Film Production permit.
5-5(B)(4)(c)   Parking of light vehicles for more than 2 hours: Allowed with the permission of the property owner of a premises with a primary use allowed by Table 4-2-1 in any zone district.
5-5(B)(4)(d)   Parking of recreational vehicle, boat, and/or recreational trailer for more than 2 hours: 95   96
   1.   Allowed with the permission of the property owner of a premises with a primary residential use allowed by Table 4-2-14 in any Residential zone district or MX-T zone district.
   2.   Allowed with the permission of the property owner of a premises with a primary non-residential use allowed by Table 4-2-1 in any MX or NR zone district.
   3.   The vehicle must be parked in 1 of the following areas:
      a.   Inside an enclosed structure.
      b.   Outside in a side or rear yard.
      d.   Outside in a front yard, with the unit perpendicular to the front curb and the body of the recreational vehicle at least 11 feet from the face of the curb.
   4.   No part of the vehicle may extend over any public sidewalk or into any required clear sight triangle.
   5.   A vehicle may be parked anywhere on the premises during active loading or unloading.
   6.   No parked vehicle may be used for dwelling purposes, except one recreational vehicle may be used for dwelling purposes for a maximum of 14 days in any calendar year on any lot.
   7.   Cooking is prohibited in any vehicle at any time.
   8.   Butane or propane fuel shall not be used in any vehicle at any time.
   9.   Use of electricity or propane fuel is allowed when necessary to prepare a recreational vehicle for use.
   10.   A vehicle may not be permanently connected to sewer lines, water lines, or electricity. A vehicle may be connected to electricity temporarily for charging batteries and other purposes if the receptacle and the connection from the recreational vehicle have been inspected and a permit issued by the City as meeting the adopted electrical code. The individual taking out the permit must call for an inspection of the electrical wiring when ready for inspection, and standard inspection fees will be charged.
   11.   The vehicle may not be used for storage of goods, materials, or equipment other than those items considered part of the unit or essential for its immediate use.

 

Notes

95
95 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #11. [Spreadsheet Item #17 and Council Memo - Boat and RV Parking]
96
96 2023 IDO Annual Update - Citywide Text Amendments - LUPZ REVIEW. LUPZ Amendment A3 [O-24-13]. Passed 5/15/2024.