A. Adaptive Re-Use.
1. Applicability. The following described areas shall be eligible for specific parking reductions based upon adaptive re-use, including modifications, of existing buildings:
a. Cultural District Overlay (CDO), as defined in Chapter 3, Article III, Section 8.D.
No additional parking shall be required where:
(1) The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100%) of the existing gross floor area; or
(2) The capacity of the structure is increased by adding subordinate dwelling units or floor area within the existing building envelop; or
(3) The use of a structure is changed; or
(4) The number of seats for eating and drinking establishments is increased by up to fifty percent (50%) of the existing total or up to forty (40) seats are provided where the previous use had none.
b. CBD and C-4 parcels fronting on Federal Highway and those located between Federal Highway and the FEC RR right-of-way, C-2 parcels fronting on Boynton Beach Boulevard between Seacrest Boulevard and I-95 and C-3 parcels fronting on Boynton Beach Boulevard between Seacrest Boulevard and the FEC RR right-of-way.
A reduction of fifty percent (50%) of the required parking, up to a maximum of ten (10) parking spaces, may be granted where:
(1) The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100%) of the existing gross floor area; or
(2) The capacity of the structure is increased by adding subordinate dwelling units, or floor area within the existing building envelop; or
(3) The use of a structure is changed; or
(4) The number of seats for eating and drinking establishments is increased by up to fifty percent (50%) of the existing total or up to forty (40) seats are provided where the previous use had none.
2. Exemptions. The provisions of this subsection do not apply to the following uses:
a. Multi-family residential uses and structures and group homes.
b. Churches, temples and other places or worship.
c. Theaters, auditoriums, meeting halls, and other places of assembly.
d. Clubs, lodges and fraternal organizations.
e. Hotels and motels.
f. Schools and daycare.
3. Additional Requirements/Restrictions. The following requirements and restrictions are applicable to all properties considered under the adaptive re-use provisions above:
a. Required parking spaces may not be eliminated to accommodate building expansions.
b. Parking spaces that back out onto collector or arterial roadways shall be removed as part of any site improvements utilizing these adaptive re-use provisions.
c. Required parking spaces may be leased within three hundred (300) feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking.
B. Certificate of Conformity. The minimum number of required off-street parking spaces provided for a use or development may be satisfied, in part, if a certificate of conformity is issued, due to an expansion of a roadway. See Chapter 2, Article II, Section 6.A. for the procedures for obtaining a certificate of conformity.
C. On-Street Parking.
1. Applicability. The minimum number of required off-street parking spaces for a use or project may be satisfied, in part, by the use of on-street parking spaces located within the public right-of-way abutting that same lot or parcel.
2. Conditions. The provision for on-street parking space to be used to meet the minimum number of required off-street parking spaces shall be subject to the following conditions:
a. The on-street parking provision is applicable to all existing or proposed development located within the Community Redevelopment Area;
b. Only the on-street parking spaces located within the public right-of-way that abut the frontage of a use or project may be used to count toward meeting the minimum number of required off-street parking spaces. The on-street parking spaces must be located on the same side of the street as the subject use or project except if the land use on the opposite side of a two-lane street would not be eligible for a parking reduction under this section, or if the existing land use is any residential use that does not rely upon on-street parking to meet its minimum parking requirement then the parking spaces on the opposite side of the street from the subject property may also be tabulated for the purpose of this section;
c. The design of the on-street parking spaces must be approved by the City Engineer in order to satisfy parking demand according to Section B.1. herein; and
d. On-street parking spaces utilized under this provision shall not be reserved, temporarily or permanently, for any given use.
(Ord. 10-025, passed 12-7-10; Am. Ord. 11-002, passed 3-1-11; Am. Ord. 13-013, passed 6-4-13; Am. Ord. 14-020, passed 10-7-14; Am. Ord. 16-015, passed 7-5-16; Am. Ord. 19-018, passed 7-2-19)