(A) Permits prior to effective date. Structures or uses for which a permit has been issued prior to the effective date of this subchapter which are not completed on its effective date shall be exempt from the parking requirements of this subchapter if the structure is completed within 6 months after the effective date of this subchapter. In such cases, the parking and loading facilities provided for the structure or use must comply with the subchapter requirements which were in effect at the time the permit was issued.
(B) Reduction of existing off-street parking space. Off-street parking spaces and loading spaces existing upon the effective date of this subchapter shall not be reduced in number unless their number exceeds the requirements imposed for a similar new use by this subchapter; however, if the existing parking meets the requirements the number of parking spaces may be reduced by 8% for the purpose of establishing landscaping.
(C) Floor area. Floor area shall mean gross floor area as defined in § 154.020. However, indoor parking and indoor loading spaces shall not be counted as part of the floor area of a structure for the purpose of computing the number of parking or loading spaces which are required.
(D) Design capacity. When a building's design capacity is used for purposes of calculating requirements for off-street parking spaces, that design capacity shall be determined by occupancy loading as specified in the International Building Code.
(E) Benches in places of public assembly. In stadium, sports arenas, structures of religious institutions, and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each 28 inches of such seating shall be counted as 1 seat for the purpose of determining the requirements for off-street parking where the parking requirement is calculated by application of a formula based on the total number of seats.
(F) Calculating space. When the calculation of the number of off-street parking spaces results in a fraction, each fraction of ½ or more shall require another space.
(G) Use of parking facilities. Required off-street parking facilities in a residential district may be utilized only for parking passenger automobiles; however, 1 truck not exceeding 1.5 ton capacity may be parked by the occupant of each dwelling unit on the resident's property inside a building. No required parking facilities or public street in a residential district shall be used for open-air storage of commercial vehicles, customer's vehicles, or vehicles belonging to employees, owners, tenants or customers of business or manufacturing establishments. No required off-street parking facility in a residential district shall be utilized for storage of boats, other recreational vehicles, or any junk, inoperable, or unsightly vehicles or materials.
(H) Location of parking facilities. Required off-street parking in the RR, R-l, R-2, and R-3 Districts shall be on the same lot as the building housing the principal use, except in the cases of:
(1) A religious institution.
(2) Condominium developments where off-street parking is designed on a lot, or within a garage on a separate parcel but within the same condominium development.
(I) Calculating space for a compound use. Should a structure contain 2 or more types of uses, the total off-street parking spaces required for each use shall be calculated separately unless requirements for joint parking arrangements can be applied and an agreement is executed in a form acceptable to and approved by the city.
(J) Joint parking facilities. Off-street parking facilities may be provided collectively in any district for more than 1 structure or use, if the following conditions are met.
(1) The applicant can demonstrate to the Zoning Administrator that because of the hours, size, and mode of operation of the respective uses, there will be an adequate amount of parking available to each use during its primary hours of operation to meet the needs of such use.
(2) The joint use of the parking facilities shall be protected by covenants that run with the lots housing all the joint users and the lot or lots on which the parking facility which satisfies the parking requirement of this section is provided. Those covenants shall grant a perpetual easement for parking to the joint principal use lots. The form, manner of execution, and content of such covenants must be approved by the City Attorney and the document containing the covenants must be recorded with the County Recorder or the Registrar of Titles for Scott County.
(3) Total required parking spaces for the joint use shall be based on the combined peak requirement and shall not be fewer than the minimum ordinance requirements for the use which requires the most parking.
(K) Use of parking area. Required off-street parking spaces and the driveways providing access to them shall not be utilized for storage, display, sales, rental, or repair of motor vehicles or any other goods, the storage of inoperable vehicles, or the storage of snow.
(L) Conversion of garage space. No person shall alter a garage to living space in any district, unless other legal provisions are made to provide the required parking for the lot. Unless alternative provisions in compliance with this section and title are made, no building permit shall be issued to convert said parking structure into a dwelling unit or living area or other activity.
(M) Parking within structures. Off-street parking requirements may be furnished by providing a space so designed within the principal building or detached accessory structure.
(N) Change of use or occupancy of buildings. Any change of use or occupancy of any building or buildings including additions thereto requiring more parking and loading area shall not be permitted until there is furnished such additional parking and loading areas as required by this chapter.
(Ord. 2013-05, passed 5-20-2013)