The provisions of this subchapter shall apply as follows:
(A) Existing facilities.
(1) The existing number of off-street parking and loading spaces shall not be reduced below the requirements of this subchapter. If the number of such existing spaces is already less than the requirements of this subchapter, it shall not be further reduced.
(2) Existing off-street parking and loading areas which do not conform to the requirements of this subchapter, but were in conformance with the requirements of this Code at the time the parking or loading facilities were established, are permitted to continue as a legal nonconforming structure.
(3) If a building permit for a building or structure was lawfully issued prior to the effective date of this Code, and if construction has begun within 180 days of the issuance of a permit, the number of off-street parking and loading spaces shall be provided in the amount required for the issuance of said building permit, regardless of what may be required by this subchapter.
(B) Damage or destruction. When a building is reconstructed or repaired after being damaged or destroyed, off-street parking and loading facilities shall be restored or maintained in an amount equivalent to that at the time of such damage or destruction. However, it shall not be necessary to restore or maintain parking and loading facilities in excess of the applicable requirements of this subchapter.
(C) Change in land use. When the existing use of a structure or land is changed to a new use, parking and loading spaces shall be provided as required for the new use. Additional parking or loading spaces shall be required in the amount by which the requirements for the new use exceed the requirements for the existing use.
(D) Change in intensity of use.
(1) When the intensity of use of any structure or land is increased, additional parking and loading spaces shall be provided. The number of additional parking and loading spaces shall be based on the increase in the number of dwelling units, gross floor area, seating capacity, or other unit of measurement used to calculate the number of required number of parking or loading spaces.
(2) When the intensity of use of any structure or land is decreased, the number of parking and loading spaces may be reduced so long as the parking requirements of this subchapter are met for the entire structure or land as modified.
(E) Provision of additional spaces. Nothing in this subchapter shall be deemed to prevent the voluntary establishment of additional off-street parking or loading facilities, provided that all regulations governing the location, design and control of such facilities are in accordance with this subchapter.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18) Penalty, see § 153.999