(A) Scope of regulations. The off-street parking and loading provisions of this chapter shall apply as follows:
(1) For all buildings and structures erected and all uses of land established after the effective date of this chapter, accessory parking, stacking and loading facilities shall be provided as required by §§ 151.180 and 151.182. However, where a building permit has been issued prior to the effective date of this chapter, and provided that construction is begun within 1 year of such effective date, and diligently prosecuted to completion, parking and loading facilities as required hereinafter need not be provided.
(2) (a) When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other unit of measurement specified herein for required parking, stacking or loading facilities, as required herein shall be provided for such increase in intensity of use.
(b) However, no building or structure lawfully erected or use lawfully established prior to the effective date of this chapter shall be required to provide such additional parking or loading facilities unless and until the aggregate increase in units of measurement existing upon the effective date of this chapter, in which event parking, stacking or loading facilities as required herein shall be provided for the total increase.
(3) Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking, stacking or loading facilities shall be provided as required for such new use. However, if the said building or structure was erected prior to the effective date of this chapter, additional parking, stacking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this chapter.
(B) Existing facilities. Accessory off-street parking, stacking or loading facilities which are located on the same lot as the building or use served which were in existence on the effective date of this chapter or were provided voluntarily after such effective date shall not hereafter be reduced below, or if already less than, shall not further be reduced below, the requirements of this chapter for a similar new building or use.
(C) Permissive facilities. Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings provided that all regulations herein governing the location, design, improvement and operation of such facilities are adhered to.
(D) Damage or destruction. For any conforming or legally nonconforming building or use which is in existence on the effective date of this chapter, which subsequent thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, re-established or repaired, off-street parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of these required by this chapter for equivalent new uses of construction.
(E) Control of off-site parking facilities. When required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are accessory. No such off-site parking facilities shall be authorized and no occupancy permit shall be issued where the plans call for parking facilities other than on the same zoning lot until and unless the Planning and Zoning Commission has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the off-site parking facilities will be maintained at all times during the life of the proposed use or building.
(F) Submission of plot plan. Any application for a building permit, or for a certificate of occupancy where no building permit is required, shall provide a plot plan – drawn to scale and fully dimensioned – showing all parking, stacking or loading facilities to be provided in compliance with this chapter.
(G) Use of parking facilities. Off-street parking facilities accessory to residential use and developed in any residential district in accordance with the requirements of this subchapter shall be used solely for the parking of passenger automobiles owned by occupants of the dwelling structures to which such facilities are accessory or by guests of said occupants. Under no circumstances shall required parking facilities accessory to residential structures be used for the parking of automobiles belonging to the employees, owners, tenants, visitors or customers of business or manufacturing establishments.
(H) Computation. When determination of the number of off-street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of 1/2 or less may be disregarded while a fraction in excess of 1/2 shall be counted as 1 parking space.
(I) Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements.
(J) Design and maintenance.
(1) Open and enclosed parking spaces. Accessory parking spaces located on the same lot as occupied by the use served may be open to the sky or enclosed in a building. Accessory parking spaces located in a residence district elsewhere than on the same lot occupied by the use served shall be open to the sky except when otherwise allowed as a special use.
(2) Surfacing. All open off-street parking areas and driveways shall be improved with a compacted macadam base, not less than 4 inches thick, surfaced with asphalt or concrete.
(3) Screening and landscaping. All open automobile parking areas containing more than 5 parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residence district or any institutional premises by a wall, fence or densely planted compact hedge not less than 4 feet nor more than 7 feet in height. Such required screening shall conform to the front and side yard setback requirements of the district in which the parking is located.
(4) Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties in such a way as not to create a nuisance. The height of an exterior light fixture shall not exceed the predominant height of the principal building to which it relates. Additionally, light bulbs/source shall primarily be metal halide or LED. High pressure sodium lights are discouraged.
(5) Signs. Accessory signs are permitted on parking areas.
(6) Repair and service. No motor vehicle repair work of any kind shall be permitted in conjunction with accessory off-street parking facilities provided in a residence district. The sale of gasoline and motor oil in conjunction with accessory off-street parking facilities is not permitted in any residence district.
(Ord. 2015-08, § 13.02, passed 6-23-2015)