§ 156.091  GENERAL PROVISIONS; PARKING AND LOADING.
   (A)   Scope of regulations.  The off-street parking and loading provisions of this chapter shall apply as follows.
      (1)   For all buildings and structures lawfully constructed or all uses lawfully established prior to the effective date of this chapter, or its subsequent amendments:
         (a)   Accessory parking and loading facilities may continue as required by the regulations of the zoning district in which an existing building or use is located at the time a building permit was issued;
         (b)   Where a permit has been issued prior to the effective date of this chapter or its subsequent amendments, and provided that construction is begun within one year of the effective date, and diligently prosecuted to completion, parking and loading facilities shall be provided in keeping with the requirements in place at the time the building permit was issued;
         (c)   When an existing use is replaced with another use having a greater parking demand, based on the intensity measures defined in the Schedule of Parking Requirements (§ 156.102), no additional parking shall be required so long as the building, structure or premises is not increased in size (square footage);
         (d)   When an existing building, structure or premises is increased in size (square feet) or intensity (number of dwellings), the parking and loading facilities as required in this chapter shall be provided for the total increase as if for a new use, except that:
            1.   No additional parking or loading shall be required, unless and until the aggregate increase in units of measurement exceeds 15% of such existing units of measurement;
            2.   In cases where additional parking is required, the requirement may be met through alternative means, such as shared parking, land banking, fee in lieu, or zoning variation.
      (2)   For all buildings and structures lawfully constructed after the effective date of this chapter or its subsequent amendments, accessory parking and loading facilities shall be provided as required for the use located in them by the regulations of this section, and the zoning district in which they are located.
   (B)   Existing parking and loading facilities. Accessory off-street parking or loading facilities that are located on the same lot as the building or use served, and that were in existence on the effective date of this chapter or its subsequent amendments, shall not be reduced below, or if already less than, shall not further be reduced below, the requirements of this chapter.
   (C)   Damage or destruction of conforming or legally nonconforming building or use.
      (1)   For any conforming or legally nonconforming building or use in existence on the effective date of this chapter or its subsequent amendments, which is subsequently damaged or destroyed by fire, collapse, explosion or other cause, and is reconstructed, re-established or repaired, off-street parking or loading facilities equivalent to any in place at the time of such damage or destruction shall be restored and continued in operation.
      (2)   Should damage or destruction by fire or other cause exceed 75% of the value of the building or use, off-street parking or loading facilities shall be provided equal or greater than as required by this chapter. If the new use or building is consistent with the previously-existing primary structure or use, it shall not be necessary to restore or maintain parking or loading facilities in excess of those required by this chapter.
   (D)   Control of off-site parking facilities.  When required parking facilities are provided off-site on land other than the zoning lot on which the building or use served by the off-site facilities is located, both properties shall be and remain under the same ownership and continue as such at all times during the life of the proposed use or building. Evidence of such ownership shall be provided to the satisfaction of the Zoning Administrator and shall be recorded against both properties at the County Recorder of Deeds.
   (E)   Submission of plat plan.  Any application for a building permit or certificate of occupancy where no permit is required, shall include a plot plan, drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with this chapter.
   (F)   Parking on vacant lots.  Parking of vehicles on a vacant residential lot is prohibited unless it is necessary to meet the off-street parking required for an adjacent property. Such parking shall be located on a paved surface. No other parking shall be permitted on the vacant lot. Parking may be shared as long as the primary uses are all within 250 feet of the parking area.
   (G)   Parking surfaces.  Parking on the grass or unimproved surfaces is not permitted.
(Ord. 21-016, passed 8-18-21)