GENERAL PROVISIONS

1400 GENERAL PROVISIONS

A. Existing Facilities

1. The existing number of off-street vehicle, bicycle, and loading spaces shall not be reduced below the minimum requirements of this Ordinance. If the number of existing spaces is already less than the requirements of this Article, it shall not be further reduced.

2. If a building permit was lawfully issued prior to the effective date of this Ordinance, and if substantial construction has begun within 180 days of the issuance of a permit, the number of offstreet vehicle, bicycle, and loading spaces is that required by building permit and supersedes the requirements of this Ordinance.

- B. Change in Use When the existing use of a structure or land is changed to a new use, parking and bicycle spaces shall be provided as required for the new use, except as described below:

1. No additional vehicle and bicycle parking spaces are required if the change in use would result in an increase of spaces of less than 10%. This also applies to a simultaneous change in use of a group of uses on the same lot which together result in a need for an increase in vehicle and bicycle parking spaces of 10% or more. The percent increase is calculated by dividing the number of additional spaces required by the number of spaces required before the increase.

- C. Change in Intensity of Use Whenever the intensity of a use is increased based on an increase in the number of dwelling units, floor area, seating capacity, or other unit of measurement used to calculate the number of required number of vehicle and bicycle parking spaces, additional spaces shall be provided for that increase, except as described below:

1. Whenever there is an increase in the intensity of a use that creates a need for additional vehicle and bicycle parking spaces of 10% or more, the additional spaces are required. No additional vehicle and bicycle parking spaces are required if the increase in intensity would result in an increase of spaces of less than 10%. This also applies to a simultaneous increase in intensity of a group of uses on the same lot which together result in a need for an increase in vehicle and bicycle parking spaces of 10% or more. The percent increase is calculated by dividing the number of additional spaces required by the number of spaces required before the increase.

2. An increase in the intensity of a use is eligible for a parking exemption per Section 1410.

3. An increase in the intensity of a use is eligible for shared parking per Section 1411.

- D. Grandfathered Deficiency of Required Vehicle and Bicycle Parking
  
  1. In order to encourage the reuse of existing structures, this Ordinance allows for the grandfathered deficiency of vehicle and bicycle parking spaces of the immediate previous use. A property owner is required to show documentation of the grandfathered vehicle and bicycle spaces.

2. For illustrative purposes, the following example is provided. If the immediate previous use required ten vehicle parking spaces but was only able to provide four vehicle spaces, the six vehicle spaces that the use was unable to provide are grandfathered with the site. When a new use is undertaken in the structure that requires 12 vehicle spaces, it will be deficient eight vehicle spaces, as four are already constructed on the site. The six deficient vehicle spaces from the previous use are then applied to this eight vehicle space deficiency, meaning that the new user shall provide two more vehicle parking spaces or apply for a variance if unable to provide the additional vehicle spaces. See calculation below for further illustration of this example: SAMPLE CALCULATION OF GRANDFATHERED PARKING PROVISION STEP 1 IMMEDIATE PREVIOUS USE: Required Parking 10 spaces Subtract IMMEDIATE PREVIOUS USE: Actual Parking 4 spaces GRANDFATHERED 6 spaces STEP 2 NEW USE: Required Parking 12 spaces Subtract NEW USE: Actual Parking 4 spaces NEW USE: Parking Deficiency 8 spaces STEP 3 NEW USE: Parking Deficiency 8 spaces Subtract GRANDFATHERED 6 spaces NEW USE: Additional Required Spaces 2 space

3. Following complete demolition of a structure, the new construction and use on the site shall meet all parking requirements and the grandfathered deficiency provision is no longer applicable.

- E. Provision of Additional Spaces Nothing in this Article prevents the voluntary establishment of additional off-street vehicle and bicycle parking spaces above that required by this Ordinance, unless the Ordinance specifies a maximum number of vehicle spaces in Section 1402.B. There is no limit on the number of bicycle parking spaces that may be provided.

- F. Prohibition on Use of Parking Facilities The sale, repair, or dismantling or servicing of any vehicles, equipment, materials, or supplies, or the display of goods in off-street parking areas is prohibited, unless otherwise permitted by this Ordinance.