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SEC. 51A-4.304.   OFF-STREET STACKING SPACE REGULATIONS.
   (a)   Site plan submission.  All required off-street stacking spaces must be shown on a site plan that is approved by the building official and made part of the certificate of occupancy record for the use.
   (b)   Site plan requisites.  A site plan submitted for review under this section must:
      (1)   show all existing and proposed points of ingress and egress, circulation and maneuvering areas, and off-street parking and loading areas; and
      (2)   separately tabulate the number of required off-street parking, loading, and stacking spaces in a conspicuous place on the plan for quick and easy reference.
   (c)   General provisions.
      (1)   The purpose of stacking space requirements is to promote public safety by reducing on-site and off-site traffic congestion. A stacking space may be located anywhere on the building site provided that it can effectively function in a manner consistent with its purpose.
      (2)   At a minimum, a stacking space must be 8 feet wide and 18 feet long.
      (3)   A space at a drive-in or drive-through window, menu board, order station, or service bay may qualify as a stacking space.
      (4)   An area reserved for stacking spaces may not double as a circulation driveway or maneuvering area.
   (d)   Off-street stacking special exception.
      (1)   The board of adjustment may grant a special exception to authorize a reduction in the number of off-street stacking spaces required under this article if the board finds, after a public hearing, that the stacking demand generated by the use does not warrant the number of off-street stacking spaces required, and the special exception would not create a traffic hazard or increase traffic congestion on adjacent and nearby streets. The maximum reduction authorized by this subsection is two spaces for each of the first two drive-through windows, if any, or 25 percent of the total number of required spaces, whichever is greater, minus the number of spaces currently not provided due to already existing nonconforming rights.
      (2)   In determining whether to grant a special exception under Paragraph (1), the board shall consider the following factors:
         (A)   The stacking demand and trip generation characteristics of all uses for which the special exception is requested.
         (B)   The current and probable future capacities of adjacent and nearby streets based on the city’s thoroughfare plan.
         (C)   The availability of public transit and the likelihood of its use.
      (3)   In granting a special exception under Paragraph (1), the board shall specify the use or uses to which the special exception applies. A special exception granted by the board for a particular use automatically and immediately terminates if and when that use is changed or discontinued.
      (4)   In granting a special exception under Paragraph (1), the board may:
         (A)   establish a termination date for the special exception or otherwise provide for the reassessment of conditions after a specified period of time;
         (B)   impose restrictions on access to or from the subject property; or
         (C)   impose any other reasonable condition that would have the effect of improving traffic safety or lessening congestion on the streets.
      (5)   The board shall not grant a special exception under Paragraph (1) to reduce the number of off-street stacking spaces required in:
         (A)   a planned development district; or
         (B)   an ordinance granting or amending a special use permit.  (Ord. Nos. 19786; 20272)