(A) Procedure. An application for a building permit for a new or enlarged building, structure, or use shall include therewith a plot plan, drawn to scale and fully dimensioned showing any parking or loading facilities to be provided in compliance with the requirements of this chapter.
(B) Extent of control. The off-street parking and loading requirements of this chapter shall apply as follows:
(1) All buildings and structures erected and land uses initiated after the effective date of this chapter shall provide accessory off-street parking or loading facilities as required hereinafter for the use thereof, except that a building or structure for which a building permit has been issued prior to the effective date of this chapter shall not be required to furnish parking or loading facilities if construction is begun thereon within six months of the effective date of this chapter and diligently prosecuted to completion.
(2) When a building or structure erected prior to or after the effective date of this chapter shall undergo any decrease in number of dwelling units, gross floor area, seating capacity, number of employees or other unit of measurement specified hereinafter for the required parking or loading facilities, and further, when said decrease would result in a requirement for fewer total parking or loading spaces through application of the provisions of this chapter thereto, parking and loading facilities may be reduced accordingly, provided that existing parking or loading facilities shall be so decreased only when the facilities remaining would at least equal or exceed the parking or loading requirements resulting from application of the provisions of this chapter to the entire building or structure as modified.
(3) When a building or structure shall undergo any increase in the number of dwelling units, gross floor area, seating capacity or other unit of measurement specified hereinafter for required parking or loading facilities, and further, when said increase would result in a requirement for additional total parking or loading spaces through application of the provisions of this chapter thereto, parking and loading facilities may be increased accordingly, provided that existing parking or loading facilities shall be so increased that the facilities would at least equal or exceed the parking of loading requirements resulting from application of the provisions of this chapter to the entire building or structure as modified.
(4) (a) When a building is erected in the Central Business District and the compliance with the regulations and requirements for off-street parking, as set forth in this subchapter would result impractical difficulties or undue hardship, the applicant for a permit to erect or enlarge a building may elect to contribute to the city $1,200 for each required parking space. All such funds received shall be deposited with the city in a special fund to be known as “Central Business District Special Off-Street Parking Fund” and shall be used by the city to develop off-street parking facilities, within the area described below, for the convenience, safety, and general welfare of the people of the city.
(b) The Central Business District wherein the above applies is described as follows: Beginning at the alley first east of Main Street on First Street; thence westwardly along First Street to Main Street; thence southwardly along Main Street to Central Boulevard; thence westwardly along Central Boulevard to Tremont Street; thence northwesterly along Tremont Street to First Street; thence westwardly along First Street to the center of Lexington Avenue; thence northwardly along Lexington Avenue extended to the south line of the railroad right-of-way; thence northeastwardly along said railroad right-of- way to the center of Main Street; thence southwardly along Main Street to Third Street; thence eastwardly to the alley first east of Main Street; thence southwardly along said alley to the point of beginning.
(C) Existing parking and loading spaces. Accessory off-street parking and loading spaces in existence on the effective date hereof may not be reduced in number unless already exceeding the requirements of this subchapter for equivalent new construction; in which event said spaces shall not be reduced below the number required herein for such equivalent new construction.
(D) Permissive parking and loading spaces. Nothing in this subchapter shall prevent the establishment of off-street automobile parking or loading facilities to serve any existing use of land or buildings, subject to full compliance with the provisions of this subchapter, except that off-street parking areas accessory to existing multiple-family structures cannot be located off the premises containing the main use, unless on a lot adjacent thereto, without authorization by the City Council.
(E) Damage or destruction. Any building, structure or use which is in existence and is a conforming use on the effective date hereof and which subsequently shall be damaged or destroyed by fire, collapse, explosion or other cause may be reconstructed, re-established or repaired with or without off-street parking or loading facilities, except that parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However it shall not be necessary to restore or maintain parking or loading facilities in excess of those required by this chapter for equivalent new construction.
(F) Schedule of requirements.
(1) Tables for required parking and loading. Requirements governing the number and location of off-street parking and off-street loading facilities in relation to the use of property are established hereinafter in this subchapter. The parking and loading requirements for any use not specified herein shall be the same as for a similar specified use, as determined by § 155.125.
(2) Floor area. The term
FLOOR AREA as employed in this parking and loading subchapter in the case of office, merchandising or service types use shall mean the gross floor area of a building or structure used for service to the public as customers, patrons, clients, patients, or tenants, including areas occupied by fixtures and equipment used for display or sale of merchandise. FLOOR AREAS for the purposes of this subchapter shall not include any area used for:
(a) Storage accessory to the principal use of a building;
(b) Incidental repairs;
(c) Processing or packaging of merchandise;
(d) Show windows, or offices incidental to the management or maintenance of a store or building;
(e) Rest rooms;
(f) Utilities; or
(g) Dressing, fitting or alteration rooms.
('71 Code, § 11-18-2) (Ord. 1413, passed 9-13-60; Am. Ord. 1506, passed 6-13-66) Penalty, see § 155.999