§ 159.146  PARKING AS A PRINCIPAL USE.
   The Board of Zoning Appeals is hereby authorized to grant conditional use permits for Parking as a Principal Use in accordance with the following conditions:
   (A)   Development Plan Required.  A development plan for Parking as a Principal Use shall be filed with the Board of Zoning Appeals as a required exhibit accompanying the Conditional Use application and shall be made part of the conditions of any approval therefor.  The development plan shall demonstrate compliance with all applicable standards of this chapter and shall indicate:
      (1)   Adjacent streets, alleys, and lots;
      (2)   All individual primary uses to be served, including the location, use, and number of parking spaces required for each such use;
      (3)   A layout drawn to scale of aisles and driveways, entrances, exits and turn-off lanes, parking spaces, setbacks, drainage facilities, and landscaping and buffer screening;
      (4)   Type of lighting, pavement, and signs proposed including location, size, and design thereof.
   (B)   Setbacks and Access.  Parking as a Principal Use shall be provided with the setback requirements of the zoning district in which they are located, and ingress and egress points shall be limited to protect the function of adjoining streets.
   (C)   Parking as a Principal Use Requires Legal Encumbrance.  Parking as a Principal Use shall be encumbered by any instrument duly executed and acknowledged, which links such parking facilities to the use(s) served.  Said instrument shall specify and bind the time period to the anticipated life of the building or use which the parking facilities serve.  Said instrument shall be filed in the applicable Improvement Location Permit files of the Department of Planning and Development, and placed on public record in the office of the Hamilton County Recorder.
   (D)   Design of Principal Use Parking Areas.  Principal Use parking facilities shall be developed in accordance with all of the provisions of this subchapter.  Further, said facilities shall be developed under such conditions imposed by the Board of Zoning Appeals as to protect residential districts and maintain at a minimum the disturbance to nearby residential uses.
   (E)   Changes to Development Plans for Parking as a Principal Use.  Development Plans for Parking as a Primary Use shall be amended by the applicant to indicate any change or other modification of uses served, or number of parking spaces provided therefor.  Such amended plans shall require re-approval by the Board.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 21-6-97, passed 7-28-97; Am. Ord. 30-08-13, passed 9-10-13)  Penalty, see § 159.999