There shall be provided in all districts, at the time of erection, enlargement, or re-occupancy where a new use would change the parking requirements of any main building or structure, automobile off-street parking spaces with adequate access to all spaces. The number of off-street parking spaces in conjunction with all land or building uses shall be provided prior to the issuance of a certificate of occupancy, as hereinafter prescribed:
(a) Except as specifically permitted in the P-1 Vehicular Parking District, off-street parking or off-street parking lots shall not be permitted as the sole or principal permitted use in any zoning district.
(b) Off-street parking spaces may be located within a rear yard or within a side yard which is in excess of the minimum side yard setback unless otherwise provided in this Zoning Code. Off-street parking shall not be permitted within a front yard or within a minimum side yard setback unless otherwise provided in this Zoning Code.
(c) Off-street parking for other than a residential use shall be either on the same lot as or within 300 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot. Ownership of all lots or parcels intended for use as parking by the applicant shall be shown.
A copy of the agreement between the joint users will be recorded prior to occupancy with the Register of Deeds of Wayne County. The agreement shall include a guarantee that each party to the agreement, its successors and assigns, will enjoy continued use of the jointly shared parking facility. In the event any party withdraws from the agreement, the withdrawing party and each of the remaining parties, must conform to the requirements of this chapter through execution of a new conforming agreement or meeting individual standards.
(d) Required off-street parking for single and two-family dwellings may be provided in a front to back configuration in a driveway or garage, or combination thereof.
Required off-street parking for all other uses shall consist of an unencumbered parking stall or strip, parking bay, vehicle maneuvering space, driveway or garage, or combination thereof. Residential parking shall be located on the premises it is intended to serve. Parking garages or structures, when accessory to a principal use, shall be subject to the applicable provisions of Section 1298.04.
(e) Minimum required off-street parking spaces shall not be replaced by any other use unless and until equal parking facilities are provided .
(f) Off-street parking, existing on the effective date of this Zoning Code (Ordinance 458, passed January 4, 1989), in connection with the operation of an existing building or use, shall not be reduced to an amount less than hereinafter required for a similar new building or new use.
(g) In the instance of dual function of off-street parking spaces, where operating hours of buildings do not overlap, the Board of Zoning Appeals may grant an exception.
(h) The sale, renting, leasing or storage of any trailers, merchandise or motor vehicles, or the repair of vehicles, is prohibited on off-street parking lots.
(i) For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accordance with a use which the Planning Consultant, Building Department, and/or Planning Commission, in accordance with Section 1298.07(i)(5), Site Plan Review, considers is similar in type.
(j) When units or measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space.
(k) Whenever off-street parking requirements are determined on a square footage of floor area basis, planned commercial centers and free-standing retail commercial uses, shall be computed on the basis of eighty percent of the gross floor area being usable.
(l) Wherever Council establishes off-street parking facilities by means of a special assessment district or by any other means, Council may determine, upon completion and acceptance of such off-street parking facilities by Council, that all existing buildings and uses and all buildings erected or uses established thereafter within the special assessment district be exempt from the requirements of this chapter for privately supplied off-street parking facilities.
(m) Nothing in this section shall prohibit the expansion of parking or loading areas to serve existing land uses or buildings, provided that all the regulations herein governing the location, design, landscaping, construction and operation of such areas shall be adhered to.
(Ord. 458. Passed 1-4-89; Ord. 720. Passed 7-18-01.)