1125.16 DEFERRED CONSTRUCTION OF REQUIRED SPACES (LANDBANKING).
   In the M-1 Light Industrial and M-2 Heavy Manufacturing Districts, a proposed parking plan may denote the location and layout of a portion of the required parking area for deferred construction or land banking. A site plan may be approved with a lesser number of parking spaces, provided that:
   (a)   The Administrator makes a finding that a reduced number of parking spaces is sufficient to meet current needs.
   (b)   The total number of spaces initially provided shall not be less than 60% of the spaces required under Section 1125.04.
   (c)   Suitable area(s) are reserved for the construction of the balance of the total number of spaces that otherwise would have been required under Section 1125.04, and such spaces shall be indicated on the site plan, also indicating drainage and landscaping in full compliance with this section.
   (d)   The Administrator, upon evaluation of the project's parking needs, may direct at any time that some or all of the deferred (landbanked) parking spaces shall be constructed.
   (e)   The applicant, having been notified by the Administrator, in writing, of the need to construct either a portion of, or all of, the deferred (landbanked) parking spaces, shall submit, within 30 days of the date of the Administrator's letter, a site plan and construction plans for approval by the Administrator and the City Engineer. The portion of the parking spaces to be constructed shall be agreed to in writing by the applicant and Administrator.
   (f)   The deferred (landbanked) parking spaces shall be constructed according to the approved site plan only after approval of the construction plans by the City Engineer.
   (g)   Any person, firm, entity or corporation, including but not limited to, the owner of the property, his or her agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provisions of this section or fails to construct the deferred (landbanked) parking spaces within the time period specified by the Administrator, is guilty of a misdemeanor of the fourth degree and shall be fined no more than two hundred fifty dollars ($250.00) or imprisoned for no more than 30 days, or both, for each offense. A separate offense shall be deemed committed for each day during or on which a violation or noncompliance occurs or continues.
(Ord. 16-19. Passed 9-16-19.)