Sec. 59-E-5.4. Reduction-New use in existing building.

   (a)   Upon application, the board of appeals shall have authority to reduce the number of parking spaces required for an existing building if the board finds that:

      (1)   A new use will be conducted in the building that would normally require more parking spaces; and

      (2)   The reduced number of parking spaces will be adequate to accommodate the proposed use. Any such reduction in required parking spaces shall be restricted to such proposed new use and shall not operate to permit a later occupancy of such building if the use is subsequently changed or enlarged, unless the board shall further approve such change.

   (b)   Action by the board of appeals in such matters shall be:

      (1)   Subject to the notice and procedural requirements for requests for variances as found in section 59-A-4.2;

      (2)   In accordance with the provisions for special exceptions as contained in section 59-G-1.21; and

      (3)   After consideration of the recommendations of the planning board or planning board's staff.

(Legislative History: Ord. No. 10-32, § 13.)