(A) General. Parking spaces and accessways shall be laid out to result in safe and orderly use, and to fully take into account all of the following: vehicular access onto and off the site; vehicular movement within the site; loading areas; pedestrian patterns; and any drive-through facilities. No parking area shall cause a safety hazard or impediment to traffic off the lot.
(B) Existing parking.
(1) Any parking spaces serving such pre-existing structures or uses at the time of adoption of this chapter shall not in the future be reduced in number below the number required by this chapter.
(2) If a new principal nonresidential building is constructed on a lot, then any existing parking on such lot that serves such building shall be reconfigured to comply with this chapter, including, but not limited to, requirements for channelization of traffic from adjacent streets, channelization of traffic within the lot, minimum aisle widths, paving and landscaping.
(C) Change in use or expansion. A structure or use in existence at the effective date of this chapter that expands or changes in use of an existing principal building shall be required to provide all of the required parking for the entire size and type of the resulting use, except as follows.
(1) If an existing lawful use includes less parking than would be required if the use would be newly developed, then that deficit of parking shall be grandfathered for reuses of an existing building. For example, an existing store might include three parking spaces and would have been required to provide seven spaces if it was newly developed. Therefore, there is an existing nonconforming deficit of four spaces. Then, if that store is converted to an office that would need ten spaces, the office would need to provide a total of six spaces (ten spaces minus the pre-existing deficit of four equals six).
(2) If a nonresidential use expands by an aggregate total maximum of 5% in the applicable measurement (such as building floor area) beyond what existed at the time of adoption of this chapter, then no additional parking is required. For example, if an existing building included 3,000 square feet, and a single minor addition of 150 square feet was proposed, then additional parking would not be required. This addition without providing new parking shall only be allowed one time per lot.
(D) Continuing obligation of parking and loading spaces. All required numbers of parking spaces and off-street loading spaces shall be available as long as the use or building which the spaces serve still exist, and such spaces shall not be reduced in number below the minimum required by this subchapter. No required parking area or off-street loading spaces shall be used for any other use (such as storage or display of materials) that interferes with the area’s availability for parking.
(E) Location of parking.
(1) Required off-street parking spaces shall be on the same lot or abutting lot with the principal use served.
(2) A written and signed lease shall be provided, if applicable.
(F) Reduction of parking requirements as a special exception.
(1) Purposes.
(a) To minimize the amount of land covered by paving, while making sure adequate parking is provided; and
(b) To recognize that unique circumstances may justify a reduction in parking.
(2) As a special exception, after the Planning Commission has been provided an opportunity for a review, the Zoning Hearing Board may authorize a reduction in the number of off-street parking spaces required to be provided for a use if the applicant proves to the satisfaction of the Zoning Hearing Board that a lesser number of spaces would be sufficient.
(a) The applicant shall provide evidence justifying the proposed reduced number of spaces, such as studies of similar developments during their peak hours. The applicant shall also provide relevant data, such as numbers of employers, peak expected number of customers/visitors and similar data.
(b) 1. Under this section, an applicant may prove that a reduced number of parking spaces is justified because more than one principal use will share the same parking. In such case, the applicant shall prove that the parking has been designed to encourage shared use, and that long-term agreements ensure that the parking will continue to be shared. The amount of the reduction in parking should be determined based upon whether the different uses have different hours of peak demand and/or overlapping customers.
2. In addition, an applicant may prove that parking needs will be reduced or that off-site parking is feasible because the applicant agrees to make a long-term commitment to a shuttle service for residents or employees.
(c) Reserved area for additional parking: under this section, the Zoning Hearing Board may require that a portion of the required parking be met through a reservation of an area for future parking. The Board may require the reservation for a certain number of years or an indefinite period corresponding to the years the buildings are in use.
1. Such reservation shall be in a form acceptable to the Zoning Hearing Board Solicitor that legally binds current and future owners of the land to keep the reserved parking area in open space and then to provide the additional parking if the township determines it is necessary. A deed restriction is recommended.
2. If approved under this division (F)(2)(c), the applicant shall present a site plan to the Zoning Officer that shows the layout that will be used for the additional parking if the parking is required to be provided in the future. The site plan shall show that the additional parking is integrated with the overall traffic access and pedestrian access for the site, and that the additional parking will be able to meet township requirements.
3. The additional parking that is “reserved” under this division (F)(2)(c) shall be required to be kept as landscaped open area, until such time as the Zoning Hearing Board decision may authorize the land’s release from the restriction, or until the township may require that the land be developed as parking.
4. The Zoning Officer shall periodically review the sufficiency of the parking that is provided. If the Zoning Officer in the future determines that the reserved parking is needed to meet actual demand, he or she shall provide written notice to the property owner. The property owner shall then have one year to develop the reserved area into off-street parking in compliance with this chapter.
(Ord. 126, passed 3-18-2010; Ord. 126A, passed 2-7-2013)