(A) Scope of regulations. The off-street parking and loading provisions of this subchapter shall apply as follows:
(1) For all buildings and structures erected and all uses of land established after the effective date of this subchapter, accessory parking and loading facilities shall be provided as required by the regulations and the district in which the building or uses are located; however, where a permit has been issued prior to the effective date of this subchapter, and provided that construction has begun within 90 days of the effective date, and completed within a year, parking and loading facilities as required hereinafter need not be provided.
(2) When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in the intensity of use.
(3) No building or structure lawfully erected or use lawfully established prior to the effective date of this subchapter shall be required to provide such additional parking or loading facilities, unless and until the aggregate increase in units of measurement shall equal not less than 15% of the units of measurement existing upon the effective date of this subchapter, in which event parking or loading facilities are required shall be provided for the total increase.
(4) Whenever the existing use of a building or structure shall be changed hereafter to a new use, parking and loading facilities shall be provided as required for the new use. If the building or structure was erected prior to the effective date of this subchapter, additional parking 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 subchapter.
(B) Existing parking and loading facilities. Accessory off-street parking or loading facilities which are located on the same lot as the building or use served and which were in existence on the effective date of this subchapter or were provided voluntarily after the effective date shall not hereafter be reduced below, or if already less than, shall not further be reduced below, the requirements of this subchapter for a similar new building or use.
(C) Permissive parking and loading facilities. Nothing in this subchapter 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 the 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 subchapter, which subsequent thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished 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 those required by this subchapter for equivalent new uses or 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 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.
(1983 Code, § 9-10-2) (Ord. 09-07, passed 9-8-2009)