Publisher's Note: This Section has been AMENDED by new legislation (Ord. 70-2024
, passed 10-1-2024). The text of the amendment will be incorporated below when the ordinance is codified.
Nonconforming parking and loading facilities shall be subject to the standards established in Chapter 21A.38, "Nonconforming Uses and Noncomplying Structures", and the criteria established in this section.
A. Continuation of Nonconforming Parking and Loading Facilities: Any parking spaces, loading facilities, or access to public rights-of-way that were lawfully existing or created prior to the effective date of this ordinance, but that have since become nonconforming with the provisions of this chapter through the actions of the city or any governmental entity, shall be allowed to continue, but any expansion of the use or structure, or change of use, after the adoption date of this ordinance shall comply with the provisions of this Chapter 21A.44, "Off Street Parking, Mobility, and Loading".
B. Nonconformity Due to Governmental Acquisition: Where a lot, tract, or parcel is occupied by a lawful structure or use, and where the acquisition of right-of-way by eminent domain, dedication, or purchase by a city, county, state, or federal agency creates noncompliance of the parking, loading, or drive-through facilities with any requirement of this chapter, the parking, loading, or drive-through facility shall be deemed lawful and conforming. This designation shall apply only to noncompliance resulting directly from the acquisition of right-of-way.
C. Damage or Destruction: Reconstruction, reestablishment, or repair of any nonconforming parking, loading, or drive- through area involuntarily damaged or destroyed by fire, collapse, explosion or other natural cause is not required to comply with the standards of this chapter. The parking and loading facilities may be restored or continued as they existed prior to the damage or destruction, or in a manner that reduces any nonconformity that existed prior to the damage or destruction.
D. Legalization of Garages Converted to Residential Use: Garages attached to single-family and two-family residential structures converted to residential uses before April 12, 1995, and any associated front yard parking, may be legalized by complying with the following requirements:
1. The property owner shall obtain a building permit for all building modifications associated with conve1ting the garage to residential use and the city shall inspect the conversion for substantial compliance with adopted life safety regulations.
2. The driveway leading to the converted garage shall not be removed without replacing the same number of parking spaces (up to the minimum required by this chapter) in a location authorized by this chapter.
3. Parking on the driveway in the front yard is restricted to passenger vehicles only. (Ord. 67-22, 2022)