(A) Intent and purpose. The purpose of this section is to alleviate or prevent congestion of the public roads, and so promote the safety and welfare of the public by establishing minimum requirements for the off-street loading and unloading of motor freight vehicles in accordance with the use to which property is placed.
(B) Scope. The off-street loading, unloading and outdoor storage provisions of this chapter shall apply as follows:
(1) For all buildings and structures erected and all uses of land established after the effective date of this chapter, off-street loading, unloading and outdoor storage facilities shall be provided as required by the regulations of the district in which the buildings or uses are located. However, where a building permit has been issued prior to the effective date of this chapter, and provided that construction is begun within one year of the effective date and diligently prosecuted to completion.
(2) When the intensity of the use of any building, structures, or premises shall be increased through addition of gross floor area or other units of measurement specified herein for required off-street loading, unloading and outdoor storage facilities, the off-street loading, unloading and outdoor storage as required herein shall be provided for with the increase in intensity of the land use. No building or structure lawfully erected or use lawfully established prior to the effective date of this chapter shall be required to provide the additional off-street loading, unloading and outdoor storage facilities unless and until the aggregate increase in units of measurement shall equal not less than 15% of the units of measurement existing on the effective date of this chapter, in which event off-street loading, unloading and outdoor storage facilities as required herein shall be provided for the total increases.
(3) Whenever the existing use of a building or structure shall hereafter be changed to a new use, and off-street loading, unloading and outdoor storage facilities need to be provided for the new use it shall be in accordance herein. However, if the building or structure was erected prior to the effective date of this chapter, additional off-street loading, unloading and outdoor storage facilities are mandatory only in the amount by which requirements for the new use would exceed those for the existing use of the latter were subject to the loading and unloading provisions of this chapter.
(C) Existing off-street loading, unloading and outdoor storage facilities. Off-street loading, unloading and outdoor storage facilities which are located on the same lot as the building or use served and which were in existence on the effective date of this chapter or were provided voluntarily after the effective date shall not hereafter be reduced below, or if already less than, shall not further be reduced below, the requirements of this chapter for a similar new building or land use.
(D) Voluntary establishment. Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street loading, unloading and outdoor storage facilities to serve any existing use of land or buildings provided that all regulations herein governing the location, design, improvement, and operation of the facilities are adhered to.
(E) Damage or destruction. For any conforming or legally non-conforming building or use, as restricted by §§ 159.140 through 159.147, which is in existence on the effective date of this chapter, which is subsequently thereto damaged or destroyed by fire, collapse, explosion, or other cause, and which is reconstructed, re-established, or repaired, off-street loading, unloading and outdoor storage facilities equivalent to any maintained at the time of the damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain off-street loading, unloading and outdoor storage facilities in excess of those required by this chapter for equivalent new uses in construction.
(F) Control of off-site facilities. Where required off-street loading, unloading and outdoor storage facilities are provided on land other than the zoning lot on which the building or use served by the facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the off-street loading, unloading and outdoor storage facilities are necessary. No such off-site loading, unloading and outdoor storage facilities shall be authorized and no zoning certificate shall be issued where the plans call for off-site loading, unloading and outdoor storage facilities other than on the same zoning lot until and unless the Planning and Zoning Commission has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the loading, unloading and outdoor storage facilities are reasonably certain to continue and that the off-street loading, unloading and outdoor storage facilities will be maintained at all times during the life of the proposed use or building.
(G) Submission of plot plan. Any application for a building permit, or for a certificate of occupancy where no building permit is required, shall include therewith a plot plan, drawn to scale and showing dimensions, any off-street loading, unloading and outdoor storage facilities to be provided shall be in compliance with this section.
(Am. Ord. 06-0369, passed 2-1-06)