§ 25.226 OFF-STREET PARKING EXCEPTIONS FOR HISTORIC COMMERCIAL DISTRICTS.
   (A)   The purpose of this section is to reduce off-street parking requirements in order to encourage residential re-use of second and higher floors of existing buildings and new residential uses above the ground floor in historic commercial districts.
   (B)   The number of spaces required for second or higher floor residences in historic commercial districts shall be one parking space per dwelling unit, or as provided below. Parking spaces as required by this section need not be covered.
      (1)   For the residential reoccupation of all or portions of second and higher floors in existing buildings, such change of use shall not be denied solely on the grounds of insufficient off-street parking. However, any unimproved lot area available for off-street parking shall be improved and thereafter used for tenant parking upon the change of use.
      (2)   For new buildings which are to contain residences above the first floor, or for above first floor residential additions proposed for existing buildings where one or more additional dwelling units result, one space for each dwelling unit.
      (3)   The exception to the number of parking spaces and coverage requirements provided by this section shall not be applicable to first floor residences except when the Planning Commission finds concurrently with use permit approval, that:
         (a)   The one residence is clearly accessory to an onsite commercial use;
         (b)   The intended occupant thereof is the owner, manager or employee of the onsite commercial use; and
         (c)   No portion of the first floor residence, is nearer than 60 feet to the street right-of-way that adjoins the front yard.
(`61 Code, § 25.23.39) (Ord. 915, passed 6-20-2000)