a) EXISTING PARKING - Structures and uses in existence at the date of adoption of this Section shall not be subject to the requirements of this Article so long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements.
b) NONCONFORMING PARKING LOTS
1) CONTINUATION - Any nonconforming lot may be continued although such lot does not conform to the lot requirements for the Zoning District in which it is located.
2) CONSTRUCTION - The provisions of this Ordinance shall not prevent the construction of a structure, provided the yard, height and other applicable dimensional requirements are met, or the establishment of a use on any nonconforming lot. However, this provision shall not apply to any two (2) or more contiguous lots in single ownership as of, or subsequent to, the effective date of this Section where re-parceling or re-platting could create one (1) or more conforming lots.
3) VARIANCE - The Zoning Hearing Board may, by variance, reduce or waive the yard requirements if it is determined that the provisions of Article 1311 regarding variance appeals are met.
c) CHANGE IN REQUIREMENTS - Whenever there is an alteration of a structure, or a change or extension of a use, parking shall be provided for the additional area and use as required by this ordinance.
d) CONFLICT WITH OTHER USES - No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.
e) CONTINUING OBLIGATION
1) MAINTENANCE AVAILABILITY - All required parking facilities shall be provided and maintained so long as the use that the facilities were designed to serve exists. Off-street parking facilities shall not be reduced in total extent after their provision except upon the approval of the Zoning Hearing Board, and then only after proof that, by reason of diminution in floor area, seating area, number of employees or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this Article. Reasonable precautions are to be taken by the owner or sponsor of particular uses to assure the availability of required facilities for the employees or other persons whom the facilities are designed to serve. They shall at no time constitute a nuisance, hazard or unreasonable impediment to traffic.
2) DRAINAGE AND EROSION REQUIREMENTS - For parking areas of three (3) or more vehicles, the area not landscaped and so maintained, including driveways, shall be graded, paved and drained to the satisfaction of the City Engineer to the extent necessary to prevent nuisances of dust, erosion or excess water flow across streets or adjoining property.
f) PARKING FOR JOINT USE - Two (2) or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. However, the number of spaces required in a common parking facility may be reduced below this total only as a special exception if it can be demonstrated to the Board that the hours or days of peak parking needed for the uses are so different that a lower total shall provide adequately for all uses served by the facility.
g) FRACTIONAL PARKING SPACES -Where the computation of required parking spaces results in a fractional number, any fraction equal to or exceeding one-half (1/2) space shall be counted as one (1); any fraction less than one-half (1/2) may be dropped, except as otherwise specified in this ordinance.
h) LOCATION OF PARKING SPACES
1) RS1, RS2, MUI2, UN2, and OS DISTRICTS - In RS1, RS2, MUI2, UN2, and OS Districts, required off-street parking spaces shall be on the same lot or premises with the use served.
2) MUI1,UN1, EC DISTRICTS - In MUI1, UN1, and EC Districts, required off-street parking spaces may be on the same lot or premises with the use served or on a lot separated therefrom, but within one-hundred (100) feet for residential uses and two-hundred (200) for all other uses. Where provision of required parking involves a lot separated from the use served, the applicant for a use or building permit shall submit with his application an instrument duly executed and acknowledged, which subjects such parcels of land to parking uses in connection with the principal use to which it is accessory. Upon issuance of a permit, the Zoning Officer shall cause such instrument to be recorded in the office of the Recorder of Deeds.
i) DELAY OF PARKING INSTALLATION REQUIREMENTS BY COUNCIL - The installation of all off-street parking spaced required by the provisions of Section 1309.01, Required Off-Street Parking Requirements, may be delayed by Council, provided:
1) The land development plan shows all required spaces, including required buffer strips and access ways;
2) The land development plan shows specifically which spaces are to be delayed in installation;
3) Satisfactory documentation is submitted attesting to the reduced need for off-street parking; and
4) The developer enters into an agreement and executes a performance bond to construct the remaining spaces, if in the opinion of Council, such additional parking is deemed necessary. The performance bond and agreement shall terminate after five (5) years.
j) LIGHTING PUBLIC PARKING AREAS - All public parking areas shall be adequately lighted during after-dark operating hours. All light standards shall be located on the raised parking islands and not on the parking surface.