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(a) There shall be provided in all districts, at the time of erection or enlargement of any main building or structure, automobile off-street parking space 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. However, where a parking program for a specified area to be carried out by public action is established by an official plan that proposes parking spaces comparable to the quantitative requirements of this chapter and that includes a time schedule of land acquisition and construction, certificates of occupancy for all land or building uses within such officially planned area shall not be contingent upon prior provision of off-street parking.
(Ord. 1995-06. Passed 3-21-95.)
(b) Off-street parking spaces may be located within a rear yard or within a nonrequired side yard unless otherwise provided in this chapter. Off-street parking shall not be permitted within a front yard, nor within a required side yard setback, unless otherwise provided in this chapter. Whoever violates this subsection is responsible for a Municipal civil infraction and shall be fined one hundred dollars ($100.00).
(Ord. 1995-28. Passed 12-19-95.)
(c) Off-street parking shall be on the same lot of the building it is intended to serve, except as may be otherwise provided by this chapter.
(d) Required residential off-street parking spaces shall consist of a parking strip, parking bay, driveway, garage or combination thereof and shall be located on the premises they are intended to serve. Residential parking shall be restricted to such a strip, bay, driveway, garage or combination thereof. In no instance shall such parking be permitted on lawn areas.
(e) Any area once designated as required off-street parking shall not be changed to any other use unless and until equally required facilities are provided elsewhere. Off-street parking existing on the effective date of this Zoning Code in connection with the operation of an existing building or use, shall not be reduced to an amount less than is hereinafter required for such building or use.
(f) Off-street parking may be provided either by individual action or by a parking program carried out through public action, whether by a special assessment district or otherwise.
(g) Two or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately. However, in cases of dual functioning of off-street parking where operating hours do not overlap, the Board of Zoning Appeals may grant a special exception based on the peak hour demand.
(h) Required off-street parking shall be for the use of occupants, employees, visitors and patrons and shall be limited in use to motor vehicles. The storage of merchandise or motor vehicles for sale and the repair of vehicles are prohibited, except as otherwise provided.
(i) Where off-street parking in permanent public ownership and operation exists in a quantity and location greater than would be necessary to fulfill the requirements of this chapter for the existing contiguous buildings, then such excess number of parking spaces may be prorated to the land area within 400 feet, to the extent that the parking requirements are thereby met. The Board of Zoning Appeals shall determine such proration calculation. To the extent of such proration calculation, the Board of Zoning Appeals may grant a special exception to the minimum number of off-street parking spaces required to be provided.
(j) The minimum number of off-street parking spaces shall be determined in accordance with the table in Section 1282.02. For uses not specifically mentioned therein, the requirements for off-street parking facilities shall be in accordance with uses which the Planning Commission considers are similar in type.
(k) 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.
(l) For the purpose of computing the number of parking spaces required, the definition of usable floor area shall govern, i.e. that area used for, or intended to be used for, the sale of merchandise or service or to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise or for hallways, utilities or sanitary facilities, shall be excluded from this computation. Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.
(Ord. 1995-06. Passed 3-21-95.)
(m) The parking or storage of commercially licensed motor vehicles is not permitted in the following cases, within the Residential Districts of the City, if such parking or storage exceeds a one-hour period of time:
(1) The parking or storage of commercially licensed motor vehicles for which the Secretary of State requires either gross vehicle weight or International Registration Plan registration plates for operation, including, but not limited to, semi-tractors, semi-trailers, semi-trucks and tow trucks;
(2) The parking or storage of commercially licensed motor vehicles used to transport persons for hire, including, but not limited to, taxicabs, limousines, hearses and buses; and
(3) The parking or storage of commercially licensed motor vehicles which weigh over 6,000 pounds when empty but fully equipped for service.
Whoever violates this subsection is responsible for a Municipal civil infraction for a first offense and shall be fined one hundred dollars ($100.00). Whoever violates this subsection within 180 days of a prior plea or an adjudicated or defaulted violation of this subsection is guilty of a misdemeanor and shall be subject to the penalty provided in Section 202.99.
This subsection shall not be interpreted to include the lawful and expeditious loading, unloading, delivery or pick-up of materials, goods, merchandise or persons.
(Ord. 98-11. Passed 11-17-98.)