(A) Utilization. Required off-street parking spaces shall be solely for the parking of vehicles used for the transportation of occupants, patrons or employees. Each required space shall be kept available at all times for parking of such vehicles. No required parking space shall be rented, leased or used for any purpose other than that for which such space is required. No sales or repair work, except of an emergency nature, shall be permitted in required parking spaces.
(B) Customer and employee parking areas. Off-street facilities provided in accordance with the provisions of this chapter may be located in customer and employee parking areas as defined in § 159.002; however, in no case shall more than 50% of such required off-street parking be located in an employee parking area.
(C) Collective provisions. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the spaces required for each use served. If a collective parking facility serves uses which do not generate automobile parking at the same times, upon request by the owners of such use, the City Council may authorize a reduction in the total number of parking spaces to the minimum required by those uses which generate automobile parking a the same time.
(D) Control of off-site parking facilities. In cases where parking facilities are permitted on a lot other than the zoning lot on which the building or use served is located, the party in possession of such lot shall be the same as the party in possession of the zoning lot occupied by the building or use to which the off-site parking facilities are accessory. Possession of the off-site parking facilities may be either by deed or lease, the term of such deed or lease to be approved by the City Council and such deed or lease shall be filed in the office of the Recorder of Deeds of the county. The deed or lease shall require such possessor and his, her or its successors, heirs and assigns to maintain the required number of parking facilities on the off-site lot for the duration of the use served or of the deed or lease, whichever shall terminate sooner.
(E) Existing parking facilities. Accessory off-street parking facilities in existence on the effective date of this chapter (January 15, 1972) or any amendment hereto and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than, shall not be further reduced below, the requirements of this chapter for such building or use; provided, however, such off-street parking facilities may be relocated or otherwise provided in accordance with the provisions of this chapter. Such existing off-street facilities that do not conform to all the requirements of § 159.132 may, however, be included as required off-street parking, provided that the items of nonconformance do not prevent or unduly hamper the required usage, have not been detrimental to the public health, safety and welfare and have not caused undue traffic congestion on the public street.
(F) Permissive parking and loading facilities. Nothing in this chapter 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, construction and operation of such facilities shall apply.
(G) Damage or destruction. For any conforming or nonconforming building or use which is in existence on the effective date of this chapter or any amendment hereto, which subsequently thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or repaired within two years of damage or destruction, off-street parking or loading facilities equivalent to those maintained at the time of such damage or destruction shall be restored or continued in operation. Any conforming or nonconforming building or use reconstructed, reestablished or repaired after two years of such damage or destruction shall provide off-street parking and loading facilities in accordance with the requirements of this chapter. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this chapter for equivalent new uses or construction.
(H) Submission of plan. Any application for a building permit, or for any occupancy certificate where no building permit is required, shall include therewith a plan, drawn to scale and full dimensions, showing any off-street parking or loading facilities to be provided in compliance with this chapter.
(I) Computation. When determination of the number of off-street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of less than one-half may be disregarded, while a fraction of one-half or more shall be counted as one parking space.
(J) Payment in lieu of providing off-street parking.
(1) (a) When, in the O-1 Office and B-2 Commercial Business Districts, additional off-street parking is required to be provided, either because of the erection of a new building or addition or an increase of usable floor area for retail and/or office previously used for storage, utility or similar use or change in use necessitating the provision of additional parking, off-street parking required herein may be provided by way of a payment of a fee only if authorized by a special use permit.
(b) A payment in lieu of parking shall be considered recognizing that the city has limited opportunities to provide additional spaces in the B-2 and O-1 Districts. In addition to the standards required to be met in § 159.045(E), such special use permit may be granted to allow for payment in lieu of parking only upon a showing that the proposed use is needed and desired as a component of the district, beneficial to the overall community and appropriate at the proposed location. In addition, it shall be demonstrated by the parties seeking the special use permit that providing parking on-site, in conformance with required ratios, will have a negative impact on the character of the immediate area and the district as a whole.
(c) The Plan Commission recommendation on a request for a special use permit shall be forwarded to the City Council for action consistent with standard special use permit procedures. A fee for parking shall be established by the City Council based on the cost of constructing parking spaces and other related factors and the fees shall be updated periodically along with other fees and charges established by the City Council.
(2) All fees collected and all interest earned thereon under the provisions of this division (J) shall be placed in the Parking Facilities Fund established by the City Council and shall be used only for the acquisition of land, improvement or maintenance of municipally owned or leased off-street parking facilities for the benefit of those buildings, structures and uses in the O-1 and B-2 Districts and the general community.
(Prior Code, § 46-55) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 99-8, passed 2-1-1999; Ord. 00-24, passed 6-22-2000)