Article II — NONRESIDENTIAL PARKING

Any building or structure constructed or located, and any use of land established after the effective date hereof, or any subsequent amendment thereto, shall be required to provide off street parking facilities in accordance with the provisions of this title. (Ord. 1000 § 40.10(A), 1955)

Any use of property, which on the effective date hereof or of any subsequent amendment thereto, is nonconforming only as to the regulations relating to off street parking facilities, may be continued in the same manner as if the parking facilities were conforming. However, such parking facilities as do exist shall not be reduced. (Ord. 1000 § 40.10(B), 1955)

Nothing in this title shall be deemed to prevent the voluntary establishment of off street parking or loading facilities in excess of those required by this title, provided that all regulations herein governing the location, design and operation of such facilities are adhered to. (Ord. 1000 § 40.10(C), 1955)

At the time a building permit is requested for any building or structure, or at the time a new use of land which would require off street parking is established, a plot plan shall be submitted to the planning department for approval or reference to the planning commission for approval whenever required. (Ord. 1000 § 40.10(D), 1955)

A. Before any parcel of land is paved with asphaltic concrete or other surfacing material, a permit shall be obtained from the building and safety department.

B. No building shall be occupied and no final inspection shall be given by the building and safety department until off street parking spaces are provided in accordance with the provisions of this section. (Ord. 1000 § 40.10(E), 1955)

Required parking area shall be used exclusively for vehicle parking in conjunction with a permitted use, and shall not be reduced or encroached upon in any manner. (Ord. 1000 § 40.10(F), 1955)

The required off street parking facilities shall be a continuing obligation of the property owner so long as the use requiring vehicle parking facilities continues. It shall be unlawful for an owner of any building or use to discontinue or dispense with the required vehicle parking facilities without providing other vehicle parking facilities which meet the requirements of this title. (Ord. 1000 § 40.10(G), 1955)

The provisions of this title shall apply uniformly throughout the city, except that property located within the territorial limits of any completed proceedings for the formation of an off street parking district shall be deemed to have complied with the provisions of this title. (Ord. 1000 § 40.10(H), 1955)

To comply with the parking requirements as outlined in this chapter, an in lieu parking fee may be paid instead of providing the required parking. This provision shall apply to changes of use, additions to existing buildings and new construction. The reduction in the number of required parking spaces and the payment of the in lieu parking fee shall be allowed, if the commission can make all of the following findings:

A. The proposed new construction is infill construction in an already densely developed area;

B. The size or configuration of the property precludes providing the required parking; or that providing the required parking would result in the demolition of qualified historic buildings, either on site or on adjacent properties;

C. The proposed project is compatible in size, scale, massing, bulk, character, quality and rhythm with the existing streetscape and neighborhood;

D. The proposed building and use make a desirable contribution to the neighborhood;

E. Approval of the reduced parking requirement and payment of the in lieu fee will have no adverse impact on the existing parking district.

The in lieu fees and the in lieu parking fee area map shall be established by resolution of the city council. Only properties within the defined boundaries of a designated in lieu parking fee area shall be permitted to use this provision. Parking facilities funded by the in lieu fee program shall be located within the boundaries of the in lieu parking fee area. (Ord. 2159 § 1, 1991)

The required off street parking for any building, structure or use of land which is not specifically listed in this article shall be determined by the director of planning. Such determination shall be based upon the requirements for the most comparable use specified herein. (Ord. 1000 § 40.10(I), 1955)

If ambiguity or an omission arises concerning the appropriate classification of a particular use within the meaning and intent of this chapter, the matter shall be referred to the planning commission for decision. The commission shall forward its findings to the city council by resolution of record for approval. (Ord. 1000 § 40.10(J), 1955)

The number of off street parking spaces or amount of parking area required for each listed use shall be not less than that set forth in this section. Whenever more than one method of calculating the required number of spaces or area is indicated, the method which provides the greatest number of spaces shall apply.

(Ord. 2611 § 1, 2005: Ord. 2294 § 1, 1995: Ord. 2065 § 1, 1989: Ord. 1000 § 40.20, 1955)