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SEC. 9-4-250 PARKING AREA LOCATION CRITERIA.
   (A)   All uses, except as provided in subsections (B) and (C) below, shall provide off-street parking on the same parcel of land as the use it is intended to serve. For purposes of this section, “common areas” within townhouse, condominium or planned center projects shall be construed as meaning the same parcel of land. Parking permitted within the right-of-way of a public street shall not be considered to fulfill or partially fulfill the minimum parking requirements.
   (B)   Remote parking may be allowed for any use which cannot provide parking on the same parcel of land as the principal use, provided the use complies with all of the following requirements:
      (1)   The use does not comply with the current on-site parking requirement;
      (2)   No new construction, expansion or enlargement of the existing or proposed use is requested which would intensify or create an on-site nonconforming parking situation;
      (3)   The existing on-site parking facility cannot be improved to conform with current requirements; and
      (4)   The remote parking facility shall comply with subsection (D) below.
   (C)   Exemptions.
      (1)   Churches are exempt from subsection (B)(2) above, provided that 50% of the required parking spaces shall be located on the same parcel of land as the principal use.
      (2)   City municipal government building or use and county government building or use are exempt from subsection (B)(2) above.
   (D)   Remote parking facilities shall conform to the following standards.
      (1)   Except as further provided, no portion of the remote parking facility shall be located more than 400 feet from the associated principal use site. Dormitory development in the CD District and multi-family development in the CD District shall be subject to section 9-4-86(MM)(6) of this chapter.
      (2)   The remote parking facility shall not be utilized or occupied by any other use or for any purpose other than as parking for the associated principal use.
      (3)   The remote parking facility shall be located within a district which permits the associated principal use or within a district which allows principal use parking lots.
      (4)   Where the associated principal use is listed as being subject to special use permit approval of the Board of Adjustment, Planning and Zoning Commission or City Council, the proposed remote parking facility for the principal use shall be considered an expansion of the principal use and the expansion shall be subject to such approval.
      (5)   The person, firm or corporation which controls, owns or operates the principal use shall have recorded in the Pitt County Register of Deeds an estate in real property sufficient to guarantee exclusive use of the remote parking site for the life of the principal use. The instrument shall be prepared prior to approval of any permit and no occupancy shall be allowed until the instrument has been duly recorded.
      (6)   If the parcel which contains the remote parking facility is disposed of, or committed to some other use which displaces the parking required by this article, then the certificate of occupancy for the principal use shall be revoked.
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 97-26, § 1, passed 3-13-1997; Ord. No. 09-59, § 2, passed 8-13-2009)