(A) Scope of regulations. The off-street parking and loading provisions of this chapter shall apply as follows.
(1) For all building and structures erected and all uses of land established after the effective date of this chapter, accessory parking and loading facilities shall be provided as required by the regulations of the districts in which the buildings or uses are located. However, where a building permit has been issued prior to the effective date of this chapter, and provided that construction is begun within six months of the effective date and diligently prosecuted to completing, parking, and loading of the facilities in the amounts required for the issuance of the building permit may be provided in lieu of any different amounts required by this chapter.
(2) When the intensity of use of any building, structure, or premises shall be increased through 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 the increase in intensity of use. However, no building or structure lawfully erected or use lawfully established prior to the effective date of this chapter shall be required to provide the 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 chapter, in which event parking or loading facilities as required herein shall be provided for the total increase; provided, however, that in the case of the expansion or alteration of residential buildings required parking or loading facilities shall be provided on the basis of the total required units of measurement for the entire capacity of the building.
(3) Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for the new use. However, if the building or structure was erected prior to the effective date of this chapter, 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 chapter.
(B) Existing parking facilities. Accessory off-street parking facilities in existence on the effective date of this chapter 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 for a similar new building or use under the provision of this chapter.
(C) 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, 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 chapter, which subsequently 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 need not be provided, except that parking or loading facilities equivalent to any maintained at the time of the 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 chapter for equivalent new uses or construction.
(E) Control of off-site parking facilities. In cases where parking facilities are permitted on land other than the zoning lot on which the building or use served is located, the facilities shall be in the same possession as the zoning lot occupied by the building or use to which the parking facilities are accessory. The possession may be either deed or long-term lease, the term of the lease to be determined by the Zoning Board of Appeals. The owner of the land on which the parking facilities are to be located shall be bound by covenants filed on record in the office of the Recorder of Deeds, requiring the owner, his or her heirs, and assigns to maintain the required number of parking facilities for the duration of the use served or of the lease, whichever shall terminate sooner.
(F) Submission of plot plan. Any application for the building permit, or for a certificate of occupancy where no building permit is required, shall include therewith a plot plan, drawn to scale and fully dimensional, showing any parking or loading facilities to be provided in compliance with this chapter.
(Ord. O-95-2-12, passed 2-9-2012) Penalty, see § 155.999