(A) On any lot in any zoning district, except the Central-Business (C-B) District, which contains a use which does not comply with the off-street parking and loading regulations contained in §§ 155.120 through 155.131 of this chapter, a certificate of occupancy shall not be issued for any expansion (except as provided in § 155.120(B) of this chapter) or any change of use which would result in a need to increase the number of off-street parking and/or loading spaces required (except as herein provided), until the requisite number of off-street parking spaces and all paving requirements have been met.
(B) A certificate of occupancy may be issued when there has been a change in a principal use and the number of off-street parking spaces required for the new use (per §§ 155.120 through 155.131 of this chapter) is within 10% or ten spaces, whichever is less, of the number of off-street parking spaces actually provided. An example of this is as follows: a principal use (Use “A”) is located on a lot with 200 off-street parking spaces. Use “A” goes out-of-business and is replaced with Use “B”. Chapter 7 of this chapter requires that Use “B” have 208 spaces. A certificate of occupancy can be issued for Use “B” (so long as the use is otherwise in accordance with all applicable requirements of this chapter) as the number of deficient spaces, right (208-200) is less than the prescribed maximum either 20 (10% of 200) or ten spaces, whichever is less. In this example, eight is less than either 20 or 10.
(C) Such relief may be granted on a one-time only basis per lot or planned development. In such instances where relief is provided, the additional parking spaces need not be paved (but shall have a graded gravel, crushed-stone or similar dust-reducing surface) if the parking lot prior to said expansion was not paved.
(Ord. passed - -, § 6.7)