§ 1218.02 APPLICABILITY.
   (a)   Time of review. Compliance with this section shall be reviewed as part of an application for a certificate of zoning compliance.
   (b)   New development.
      (1)   The requirements of this section shall apply to all new development where there is the construction of a new structure (excluding accessory structures) or establishment of a new land use.
      (2)   The number of existing parking, loading, or stacking spaces may not be reduced below the minimum requirements established within this section.
   (c)   Expansions and enlargements. The parking, loading, and stacking space requirements of this section shall apply when an existing structure is expanded or enlarged or when there is an increase in the number of dwelling units within the building. In the case of such expansions and enlargements, additional parking, loading, and stacking spaces are required to serve only the enlarged or expanded area.
   (d)   Subdivisions. All subdivisions shall be subject to the requirements of § 1218.07.
   (e)   Nonconforming parking, loading, and stacking. Where a site is legally nonconforming due to a lack of compliance with the parking, loading, or stacking space requirements of this section, a future use of the site need not comply with the required number of spaces provided:
      (1)   The applicant provides the maximum amount of parking, loading, or stacking spaces possible without being required to remove or partially remove a structure.
      (2)   If a structure or a portion of a structure is voluntarily removed, the resulting area shall be used to provide the additional parking, loading, or stacking spaces necessary towards fulfilling the minimum requirements of this section.
      (3)   In no case shall the number of parking spaces be further reduced after the effective date of this code.
      (4)   A use or structure with nonconforming off-street parking (e.g., insufficient off-street parking to meet the current requirements or insufficient landscaping) may only be expanded in compliance with the provisions of this section.
      (5)   Changes or expansions of a residential dwelling shall not require the addition of parking, regardless of the number of existing spaces, provided the change does not increase the number of dwelling units, nor eliminate the only portion of the site that can be used for the required or existing parking or access.
   (f)   Exemptions.
      (1)   Single-family, two-family, and three-family dwellings are required to comply with this chapter as it relates to setbacks and the number of parking spaces required, as well as the general requirements in § 1218.03, but are otherwise exempt from other standards related to the design and layout of vehicular use areas.
      (2)   All development in the Urban Core Central Subdistrict shall be exempt from the off-street parking requirements of this chapter provided that any of the parking areas developed at the option of the property owners shall be designed in accordance with § 1218.04(g) and shall comply with any applicable standards in § 1218.03.
(Ord. O2018-02, passed 2-20-2018)