There shall be required in all districts, the minimum number of off-street parking facilities as follows:
(a) Time of Review. Compliance with this section shall be reviewed as part of a site plan review, certificate of compliance review, and/or conditional use permit, as applicable.
(b) New Development.
(1) The requirements of this section shall apply to all new development where there is the construction of a new main building or structure, establishment of a new land use, an increase in capacity or an enlargement of an existing structure.
(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.
(1) In the case of expansions, enlargements and increases in capacity, additional parking, loading, and stacking spaces are required to serve only the enlarged or expanded area or the increase in capacity.
(2) If any expansion, enlargement or increase in capacity results in the need for an increase in off-street parking spaces of less than 10% of the parking facilities previously provided or of less than five spaces, whichever number is greater, no additional parking facilities shall be required.
(d) Nonconforming Parking, Loading, Stacking. Where a site is legally nonconforming due to a lack of compliance with the parking, loading, or stacking space requirements of this chapter, use of the site is not required to comply with the required number of spaces provided that the number of parking spaces shall not be further reduced after the effective date of this Code.
(e) Exemptions. The Planning Commission may exempt uses in the B-3 and DD Districts from all or part of the requirements of this chapter provided that such exemption is based on the following:
(1) The strict application of the parking requirements would require more parking than is actually necessary for the proposed use, which could use land inefficiently and create an undesirable appearance of excessive parking areas.
(2) The exemption will not encourage unauthorized parking on private property.
(3) The exemption will enhance the business and pedestrian environment by minimizing curb cuts, driveways, and paved areas that are disruptive to the character of downtown.
(4) The proposed use is situated in an area easily accessible by pedestrians.
(5) The proposed use will manage its employee parking so as to leave the most convenient spaces for customers of the B-3 and DD District uses.
(Ord. 16-19. Passed 9-16-19.)