(A) (1) No building or structure shall be erected, substantially altered or changed in use, including creation of converted dwelling units, unless permanently developed and maintained off-street parking and/or loading spaces have been provided in accordance with this section or a variance granted by the Board of Zoning Appeals or Design Review Board.
(2) For the purpose of this section, the term CONVERTED DWELLING UNIT shall mean:
(a) An existing, residential, owner-occupied dwelling unit converted by lease, rent or agreement for occupancy by those other than the owner or his or her family; or
(b) An existing commercial, industrial or institutional use or space converted to residential use.
(B) The provisions of this section shall not apply to any existing building, structure or use lawfully existing prior to the effective date of this section. Such use or building with deficient parking shall be considered a legal, non-conforming use and may be continued until such time as divisions (A) above and divisions (C) or (D) below may apply.
(C) Whenever a building or structure constructed after the effective date of this section and in compliance with this chapter is changed in use, enlarged in floor area, substantially increased in number of employees, increased in number of dwelling units, substantially increased in seating capacity or otherwise requires a need for an increase to existing parking spaces, additional spaces shall be provided according to the extent of enlargement or change of use.
(D) Whenever a building or structure existing prior to the effective date of this section is enlarged to an extent of 50% or greater in usable floor area, substantially increased in number of employees, increased in number of dwelling units, substantially increased in seating capacity, increased in residential occupancy by addition of bedrooms, reviewed by the Design Review Board in accordance with the requirements of the Historic Preservation District or otherwise changed to demand additional parking, such building, structure or use shall then and thereafter comply with the full parking requirements set forth herein.
(Prior Code, § 27.05.17.01) Penalty, see § 153.999