PART THREE — ZONING CODE
Title VII — Zoning Code
Chapter 349 — Off-Street Parking and Loading
Complete to December 31, 2007CROSS REFERENCES
Off-street parking facilities, RC 717.05 et seq.
Off-street parking requirements in Residence-Office District, CO 337.11 et seq.
Residential Parking District: Purpose, uses, maintenance, CO Ch 339
Trucking terminal location restricted, CO 347.01
349.01 Required Accessory Off-Street Parking
(a) Except as provided in Sections 329.04(b), 337.13 and 349.10 to 349.12, every use or structure, instituted, constructed or erected after July 2, 1971, shall provide off-street parking facilities in accordance with the requirements of Section 349.04 for the use of occupants, employees, visitors or patrons.
(b) Any building or structure may be modernized, altered, repaired or substantially rebuilt for any reason, provided there is no increase in floor area or capacity and there is no change of use without providing additional off-street parking facilities.
(c) Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking facilities shall be provided as required for such new use. However, if the building or structure was erected prior to July 2, 1971, additional parking facilities are mandatory only in the amount by which the requirements for the new use exceed those for the existing use if the latter were subject to the off-street parking requirements of this chapter.
(Ord No. 1236-A-67. Passed 6-28-71, eff. 7-2-71)
349.02 Existing Off-Street Parking Facilities
In all use districts, existing off-street parking facilities shall not voluntarily be reduced below the requirements of this chapter.
(Ord No. 1236-A-67. Passed 6-28-71, eff. 7-2-71)
349.03 Change of Use or Enlargements of Premises
In all use districts, when any building, structure or premises has a change of use, addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking facilities, which creates a need for an increase of more than fifteen percent in accessory off-street parking, additional facilities as required herein shall be provided only for such increase in use. However, the off-street parking spaces for such addition or enlargement plus any off-street parking spaces in existence prior to July 2, 1971, need not exceed the total amount of off-street parking spaces which would be required for the entire use if constructed new.
(Ord No. 1236-A-67. Passed 6-28-71, eff. 7-2-71)
349.04 Required Parking Spaces
Accessory off-street parking spaces shall be provided and maintained in accordance with the requirements set forth in the following table:
| Uses | Required Accessory Off-Street Parking Spaces | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| (a) | | One-family or two-family dwellings and Class A Multiple
Dwellings | One for each dwelling unit. | Rooming houses, dormitories, fraternity and sorority houses, YMCA,
YWCA | One for each four beds, plus one for the owner, operator or
manager living on the premises, plus one for each other employee, expected
on premises. | Housing for the elderly | One for each three dwelling units. | Hotels | One for each dwelling unit, plus one for each four guest
rooms, plus one for each three employees. | Motels and tourist homes | One for each guest room, plus one for
each two employees. | Tourist parks or camps | One for each family unit, plus one for
each two employees. | Trailer camps | One for each trailer. | (b) | Home occupations: | (1) Medical or dental offices | Three for each establishment. | (2) Clergyman, architect, engineer, attorney or similar
professional offices | Two for each establishment. | Farms, truck-gardens, nurseries, stables where sales are made on
premises | Total parking area equal to twenty-five percent of the lot
area devoted to sales. | (c) | Day nurseries, children's boarding homes, kindergartens,
elementary grade and junior high schools | One for each two staff members
and other employees. See also requirements for auditoriums, gymnasiums and
stadiums. | Senior high schools | One for each two staff members and other
employees, plus one for each twelve seats in a classroom based on planned
classroom capacity. See also requirements for auditoriums, gymnasiums and stadiums. | Trade, vocational business and dancing schools; colleges and
universities | One for each two employees, plus one for each ten seats in
a classroom based on planned classroom capacity. See also requirements for
auditoriums, gymnasiums and stadiums. | (d) | Hospitals and sanitariums | One for each four beds, plus one for
each three doctors, plus one for each three employees. | Clinics, health and medical centers | One for each 200 square
feet of gross floor area. | Institutions for children and the aged, convalescent homes, rest
homes, nursing homes, day nurseries, orphanages | One for each staff
member, including doctors and nurses, plus one for each three other
employees, plus one for each six beds. | Penal and correctional institutions | One for each 300 square
feet of gross floor area. | (e) | Airports and other aircraft landing and servicing
facilities | One for each 100 square feet of gross floor area, plus one
for each three employees. | Amusement parks, circuses, carnivals and other outdoor amusement
or recreation uses | Total parking area equal to twice the total lot area
devoted to such use. | Arenas, armories, assembly halls, auditoriums, concert halls,
convention halls, dance halls, exhibition halls, gymnasiums, indoor
theaters, pool or billiard halls, stadiums and similar indoor amusement
or recreation uses | One for each six seats or total parking area equal
to three times the gross floor area, whichever is greater. | Bowling alleys | Seven for each lane. | Bus depots | One for each 100 square feet of gross floor area,
plus one for each two employees. | Clubs and lodges including fraternity and sorority houses without
sleeping accommodations | Total parking area equal to one-half the gross
floor area. | Commercial swimming pools | One for each employee, plus one for
each forty square feet of pool surface and deck area. | Golf courses | Eight for each green. | Golf driving ranges | Two for each driving tee, plus one for each
two employees. | Public libraries and museums | One for each four employees, plus
one for each 1,200 square feet of gross floor area. | Municipal swimming pools, outdoor | One for each employee. | Places of worship | One for each six seats. | Railroad passenger stations | One for each 100 square feet of
gross floor area, plus one for each three employees. | Rapid transit stations, except in the Central Business District,
as defined in Section 325.12 | One for each two employees expected on the
premises during the largest work shift period, plus one for each ten
passengers entering the station during the peak hour of operation. | Recreation and community centers | One for each 150 square feet
of gross floor area, plus one for each employee. | Outdoor theaters | Reservoir parking area with spaces equal in
number to ten percent of the capacity in vehicles. | (f) | Bars, taverns, restaurants, luncheonettes, cafeterias, boarding
houses and other eating places | One for each employee, plus one for
each 100 square feet of floor area devoted to patron use or one for each
four seats based on maximum seating capacity, whichever is greater. | Establishments for the sale of boats, farm implements, furniture,
gymnasium supplies, hospital supplies, office supplies, machinery, major
appliances, new automobiles | For establishments having less than 2,000
square feet of gross floor area, one for each 1,000 square feet of gross
floor area. | Establishments for the sale of china, floor covering, hardware,
household equipment, paint, small appliances, wallpaper and other retail
sales items | For establishments having less than 2,000 square feet of
gross floor area, one for each 700 square feet of gross floor area. | Food stores, supermarkets | For establishments having less than
2,000 square feet of gross floor area, one for each 500 square feet of
gross floor area. | Discount department stores | For establishments having over
10,000 square feet of gross floor area, self-service facilities and four
or more checkout booths, one for each 150 square feet of gross floor area. | Department stores | For establishments having 200,000 square
feet of gross floor area or more, one for each 300 square feet of gross
floor area. | Nurseries or plant-husbandry, garden supplies, agricultural produce
and other outdoor retail sales uses | Total parking area equal to
twenty-five percent of the total lot area, plus one for each two employees. | Gasoline service stations | One for each 100 square feet of gross
floor area. | Used motor vehicle sales lots | Total parking area equivalent to
twenty-five percent of the gross lot area. | Wholesale establishments | One for each 1,000 square feet of
gross floor area. | (g) | Banks, governmental, business and professional office
buildings | One for each 500 square feet of gross floor area. | Medical or dental offices, and medical or dental
laboratories | Five for each doctor or dentist, plus one for each two
employees; or one for each 150 square feet of gross floor area, whichever
is greater. | Automobile laundries | One for each three employees, plus one for
the owner or manager, and reservoir spaces equal to five times the
capacity of the laundry. | Mortuary and undertaking establishments | Eight for each slumber
room, chapel or parlor or one for each 100 square feet of floor area of
assembly rooms whichever is greater, plus one for each vehicle maintained
on the premises. | Radio or television stations | One for each two employees. See
also requirements for auditoriums. | Repair and service garages | One for each 500 square feet of
gross floor area. | Other retail service uses | One for each 500 square feet of gross
floor area. | (h) | Police and fire stations, sewage treatment plants, static
transformer stations, telephone exchanges, water filtration plants, water
reservoirs and other public utilities | Two for each three employees. | (i) | Bowling alleys | Eight for each lane, plus one for each two employees. | Indoor theaters | One for each two seats. | Medical and dental offices | Five for each physician or dentist,
plus one for each two other employees, or one for each 150 square feet of
gross floor area, whichever is greater. | Restaurants and other eating places | One for each two seats
based on maximum seating capacity. | All other retail sales and services, uses. | Four and one-half
for each 1,000 square feet of gross floor area. | (j) | Storage or warehouse uses | One for each two employees expected
to be on the premises during the largest work shift period or total
parking area equivalent to ten percent of the gross floor area, whichever
is greater. | Junk, coal, lumber, contractors or other open storage uses | One
for each employee plus space equal to fifteen percent of the gross lot area. | Other permitted industrial uses | One for each three employees
expected to be on the premises during the largest work shift period or
total parking area equivalent to twenty-five percent of the gross floor
area, whichever is lesser. | (k) | Parking spaces shall be provided on the same basis as required for the most similar listed use. | As used in this chapter, "gross floor area" in the case of
offices, merchandising or service types of uses means the total
floor area used or intended to be used for service to the people
as customers, patrons, clients or patients, or as tenants,
including areas occupied by fixtures used for display or sale of
merchandise. | It shall not mean floors or parts of floors used principally
for nonpublic purposes, such as storage, incidental repair,
processing or packaging of merchandise, for show windows or for
offices incidental to the management or maintenance of stores or
buildings when these areas are in separate rooms from the main
use of the building. Floors or parts of floors used principally
for toilet or rest-rooms or for utilities or fitting rooms,
dressing rooms and alteration rooms shall also be excluded from
the definition of "gross floor area". | | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(Ord. No. 1045-89. Passed 3-26-90, eff. 5-4-90)
349.05 Location of Required Space
(a) The required accessory off-street parking facility shall be located on the same lot as the use for which it is provided or on a lot within 400 feet of the nearest boundary of the lot upon which the use is located measured by a straight line between the two points; or, the Off-Street Parking Committee may determine that the building or use in question is served adequately by a Municipal or private parking facility. All such parking spaces shall be located behind the setback building line. No such parking space shall be located within ten feet of any wall of a residential building or structure if such wall contains a ground floor opening designed to provide light or ventilation for such building or structure.
(b) The separate lot upon which such accessory parking facilities are provided shall be in the same ownership or control as the building or use to which the parking facilities are accessory.
(c) No required accessory off-street parking space shall be occupied by a pay telephone or any other structure.
(Ord. No. 1989-01. Passed 10-22-01, eff. 11-1-01 without the signature of the Mayor)
349.06 Mixed Use Facilities
Accessory off-street parking spaces required of two or more uses located on the same lot or parcel may be combined and used jointly by such uses, provided that the parking spaces provided shall be equal to the total number of accessory off-street parking spaces required by all such uses. Where a use is accessory to the main use and is not primarily intended to serve additional patrons or employees, or generate additional traffic, no additional off-street parking spaces need be provided for such accessory use.
(Ord. No. 1236-A-67. Passed 6-28-71, eff. 7-2-71)
349.07 Access and Maintenance of Off-Street Parking Spaces
(a) Accessory off-street parking spaces, driveways and maneuvering areas shall be properly graded for drainage so that all water is drained within the lot providing such parking spaces, surfaced with concrete, asphaltic concrete, asphalt or similar surfacing material, maintained in good condition and free of debris and trash.
(b) Accessory off-street parking spaces shall be provided with wheel or bumper guards that are so located that no part of a parked vehicle will extend beyond such parking space.
(c) The driveway used to provide accessibility to accessory off-street parking spaces shall be so located and arranged to minimize traffic congestion. Therefore:
(1) Only one such driveway shall be permitted for each 100 feet of frontage of the lot providing such parking spaces.
(2) No driveway shall be so located that there would be less than fifteen feet between the point of tangency of the driveway apron radius and the outside crosswalk line at the intersection when such driveway is on the approach side of an intersection. In such cases as the driveway is on the leaving side of the intersection, the requirement shall be five feet between the outside crosswalk line and the point of tangency of the driveway apron radius.
(3) The maximum width of such driveway shall be thirty feet measured at right angles to the angle of the driveway entrance. Such driveway shall have an apron radius at the curb of not less than six feet or a curb cut of not more than sixty feet and shall provide a means for motor vehicles to enter and leave the parking facilities without obstructing traffic.
(Ord. No. 1236-A-67. Passed 6-28-71, eff. 7-2-71)
349.08 Screening of Off-Street Parking Spaces
Where five or more accessory off-street parking spaces are provided, and are located on a lot that is adjacent to a Residence District or that adjoins a building containing dwelling units, such parking spaces shall be screened from all adjoining lots in the Residence District or a building containing dwelling units, by an opaque wall, a uniformly painted fence of fire-resistant material or a strip of land at least four feet wide and densely planted with shrubs that form a dense screen year-round. Such wall, fence or shrubs shall be at least three feet, but not more than six feet six inches in height. However, such wall, fence or shrubs located within twenty-five feet of the intersection of two or more streets or the intersection of an access driveway and a street, shall have a maximum height of three feet and a minimum height of two feet.
The required screening shall be maintained in good condition at all times.
No signs shall be permitted to be attached to or hung from the required screening.
(Ord. No. 1236-A-67. Passed 6-28-71, eff. 7-2-71)
349.09 Lighting for Off-Street Parking Spaces
Where lighting is provided for accessory off-street parking spaces, it shall be constructed and arranged so as to prevent the direct emission of light upon adjoining lots or the public streets.
(Ord. No. 1236-A-67. Passed 6-28-71, eff. 7-2-71)
349.10 Planned Institutional Development Area
(a) The off-street parking requirements set forth in subsection (c) hereof shall apply to any one or combination of educational, religious, medical or eleemosynary institutions for which a comprehensive plan for the development, redevelopment or rehabilitation of existing or proposed facilities encompassed within a contiguous area has been approved by the Planning Commission as provided in subsection (b) hereof.
(b) Any such plan or amended plan as submitted to the Commission for its approval shall set forth in detail:
(1) The boundaries of the development area;
(2) The type and location of all existing and proposed principal land uses and buildings therein;
(3) The present and at least two-year projection of the number of employees, residents, visitors, enrollment, patients or other measures of persons likely to be accommodated in the development area;
(4) The present and at least two-year projection of the number of parking spaces owned or controlled by the party or parties to the plan jointly;
(5) Drawings showing present and two-year projection of the locations and general dimensions of all buildings, major pedestrian and vehicular circulation systems, parking facilities and major open areas; and
(6) Any proposal for the joint use and sharing of off-street parking facilities by parties to the plan, designating the location and capacity of the facilities to be shared and indicating the periods and extent of usage by each such party.
Any plan or amended plan submitted to the Commission for its approval in accordance with the Charter which complies with the standards set forth in subsection (c) hereof shall be considered as having met the off-street parking requirements of the City. However, each such plan, when approved, shall be effective for at least a period of two years, and a revised plan and current data in accordance with this subsection (b) shall he submitted to the Commission for reapproval in the same manner not later than sixty days prior to the date of the expiration of the plan last approved by the Commission. So long as such an approved plan is in effect, and all subsequent construction or subsequent change of use of any building is substantially in accordance with the plan, the parties to such plan shall be deemed to be in compliance with all accessory off-street parking requirements of the zoning ordinances of the City.
(c) The Commission shall approve a development area parking plan that complies with the following standards:
| Use | Required Off-Street Parking Spaces |
| Universities, colleges and other professional schools | |
| Faculty | One for each two |
| Employees | One for each four |
| Dormitories, single undergraduate students | One for each twenty-five |
| Fraternities or sororities, single students | One for each eight |
| Single graduate student housing, including graduate fraternities and sororities | One for each two |
| Married student housing | One for each dwelling unit |
| Commuting students | One for each four |
| Part-time students | One for each five |
| Visitors | One for each ten full-time faculty members, but not less than twenty spaces |
| Hospitals and sanitariums | |
| Medical staff (M.D.) | One for each three |
| Other employees | One for each four |
| Visitors, including in-patient, out-patient, emergency and ambulatory | One for each three daily visitors computed on yearly
averages, or |
| Places of worship | One for each six seats in the main sanctuary |
| Museums | |
| Staff | One for each four |
| Visitors | One for each 1,200 square feet of gross floor area |
| Institutions for children, the aged, and other medically oriented centers | One for each two employees plus one for each six beds |
| Eleemosynary institutions and all other cultural organizations | One for each 600 square feet of gross floor area. |
As used in this section, "gross floor area", when applied to museums, eleemosynary institutions and all other cultural organizations, means such areas as are used or intended to be used by the public, including visitors, students and patrons, and excludes nonpublic areas such as may be used or intended to be used for staff, employees, storage, workshops, restrooms, toilets, utilities, management or maintenance. In applying such standards, the employment, enrollment, staff, visitors, buildings and other facilities specifically hereinabove listed of all parties to the plan, and only the parking spaces owned or controlled by one or more of the parties to the plan, shall be taken into consideration. The plan may include such parking spaces owned or controlled by any party to the plan located in another contiguous municipality, provided the buildings and institutions of each such party located within such contiguous area in such other municipality are also included within the plan. In applying the above standards: all parties to the plan shall be considered as one single unit; all parking spaces located within the planned area and owned or controlled by all parties to the plan shall be considered without the necessity of allocating any such spaces to any particular use, building or institution; consideration shall be given to shared use of parking spaces by the parties to the plan; all existing buildings of the parties to the plan located within the planned area shall be taken into account except when the required number of parking spaces for any institution in the plan has been determined by reference to enrollment, employees, staff, patients or visitors; and the Planning Commission shall also consider that it is the declared policy of the City to provide greater flexibility in the development of institutional lands through planned development, to locate such parking spaces to provide maximum convenience consistent with the need to protect pedestrian traffic and promote the efficient and safe movement of vehicular traffic, to recognize that an institutional parking space may accommodate more than one vehicle during any given period of time, thus having a considerable rate of turnover, and to promote a more efficient allocation of land for buildings and open space by permitting the joint use of off-street parking spaces by all parties to such a plan.
(Ord. No. 1236-A-67. Passed 6-28-71, eff. 7-2-71)
349.11 Exceptions
(a) In the Central Business District, as defined in Section 325.12 or as subsequently amended, the off-street parking requirements set forth in Sections 349.04 and 349.10 shall not apply.
(b) Any person or group or combination of business, commercial or industrial organizations which has a comprehensive plan for the development, redevelopment or rehabilitation of existing or proposed facilities encompassed within a contiguous area shall be considered as a unit for the purpose of the application of the off-street parking requirements set forth herein.
The group shall submit a plan to the Off-Street Parking Committee indicating that the combined parking facilities by all of the components of the plan substantially meet the intent of the minimum standards required herein. The plan shall set forth in detail:
(1) The area which encompasses the rehabilitation, redevelopment or development.
(2) The existing or proposed use of each existing or proposed structure.
(3) The schedule of the rehabilitation or construction of the structures.
(4) Any duplication of off-street parking requirements as applied to the plan.
(5) A proposal for the joint use and sharing of off-street parking facilities. The proposal shall designate the location of the facilities to be shared and shall indicate the period of usage so as to show no conflict in usage by those sharing the facilities.
(c) Any plan submitted to the Planning Commission for its approval in accordance with the Charter, which outlines and complies with the standards set forth in subsection (b) hereof, shall be considered as having met the off-street parking requirements of the City.
(Ord. No. 1236-A-67. Passed 6-28-71, eff. 7-2-71)
349.12 Off-Street Parking Committee; Authority
In order to expedite any appeals and to implement the provisions of these sections pertaining to off-street parking requirements, there hereby is established the Off-Street Parking Committee composed of the Chairman of the Transportation and Traffic Committee of Council, the Commissioner of Traffic Engineering and Parking and the Planning Director of the Planning Commission, who shall serve as Chairman.
(a) The Committee shall assist the Board of Zoning Appeals by providing technical information needed for a proper determination of any appeal taken from a decision of the Commissioner of Building relative to application of off-street parking requirements.
In addition to the other requirements of the Board, an appeal relative to the provisions of the off-street parking requirements shall be accompanied by the following information:
(1) A written statement describing in detail the parking generating characteristics of the particular enterprise or use;
(2) A plan, drawn to scale, showing the various uses within the respective floor areas of the building or structure;
(3) Number of employees expected to be on the premises during the greatest work shift period;
(4) Number of customers, patrons or other visitors expected to be served;
(5) Any other statement which may tend to show the actual extent of off-street parking space required or generated by the particular use.
(b) The Committee shall receive and may approve any plan submitted under the provisions of Section 349.11(b) which complies with the standards set forth therein. The approval of the Committee certifies that the plan is in compliance with the off-street parking requirements.
(Ord. No. 1236-A-67. Passed 6-28-71, eff. 7-2-71)
349.13 Permitted Garages and Parking Space in Residence Districts
(a) Commercial Vehicles. No commercial vehicle shall be stored on any premises in a Limited One-Family District and not more than one commercial vehicle weighing unloaded not more than one and one-half tons may be stored on any premises in any other Residence District unless for farming, truck gardening or a related and similar activity if a permitted accessory use of the premises.
(b) Rented Space. In a Residence District, space for two noncommercial motor vehicles may be rented to persons not residents on the same lot, provided such rented space is within the area in which accessory uses are permitted.
(c) Parking Lots. The Board of Zoning Appeals may permit, temporarily or permanently, the use of land in a Residence District, other than a Limited One-Family District, for a parking lot when the best interests of the community will be served, and provided that:
(1) The lot is to be used only for the parking of passenger automobiles of employees, customers or guests of the person or firm controlling and operating the lot, who shall be responsible for its maintenance.
(2) No charge is to be made for parking on the lot.
(3) The lot is not to be used for sales, repair work or servicing of any kind.
(4) Entrance to and exit from the lot are to be located so as to do the least harm to the Residence District.
(5) No advertising sign or material is to be located on the lot.
(6) All parking is to be kept back of the setback building line by barrier unless specifically authorized otherwise by the Board.
(7) The parking lot and that portion of the driveway back of the building line are to be adequately screened from the street and from adjoining property in a Residence District by a hedge, sightly fence or wall not less than four feet six inches high and not more than five feet high located back of the setback building line. All lighting is to be arranged so that there will be no glare that is annoying to the occupants of adjoining property in a Residence District, and the surface of the parking lot is to be smoothly graded, hard surfaced and adequately drained.
(8) The building permit number under which the lot is established is to be posted.
(9) Such other and further conditions may be imposed as the Board may deem necessary in any specific case to reduce the adverse effect of the proximity of a parking lot upon the character, development and maintenance of the Residence District in which the parking lot is to be located.
(d) Public Parking Lots and One-Story Garages. The Board may, after public notice and hearing and subject to appropriate conditions and safeguards, permit the location of a public parking lot or one-story public garage in a Residence District provided the Board finds there is need for such facility to serve the permitted uses in the District.
(Ord. No. 2440-03. Passed 8-3-05, eff. 8-9-05)
349.14 Surface Parking Lots in Designated Downtown Area Districts
(a) Purposes.
(1) The principal purpose of this section is to preserve the urban architectural character of the most intensively developed portions of downtown Cleveland by limiting the establishment and expansion of surface parking lots within these districts.
(2) A secondary purpose is to reduce auto emissions and traffic congestion in the downtown area by discouraging creation of additional parking.
(3) Furthermore, this section is intended to accomplish these purposes without discouraging new development.
(b) Applicability. This section shall apply only to land or property located within the districts hereafter described and thereafter referred to as the `designated districts':
(1) The Downtown Core Parking District, Warehouse Parking District, Erieview Parking District, and Gateway Parking District, as established in division (b) of Section 457.035 of the Codified Ordinances; and
(2) The Cleveland State University Parking District, described as follows:
Beginning at the point of intersection of the center line of Payne Avenue N.E. with the center line of East 18 Street; thence southerly along said center line of East 18 Street to its intersection with the center line of Brownell Court, S.E.; thence easterly along said center line of Brownell Court, S.E. to its intersection with a line located one hundred thirty two (132) feet east of the easterly line of East 18 Street; thence southerly along said line which is parallel to and one hundred thirty two (132) feet east of said easterly line of East 18 Street to its intersection with the center line of Prospect Avenue, S.E.; thence westerly along said center line of Prospect Avenue, S.E. to its intersection with the center line of East 18 Street; thence southerly along said center line of East 18 Street to its intersection with the center line of East 14 Street; thence southerly along said center line of East 14 Street to the center line of the Inner Belt Freeway; thence Easterly and Northerly along the center line of the Inner Belt Freeway to its intersection with the center line of Payne Avenue N.E. thence westerly along the centerly line of Payne Avenue NE; to the place of beginning.
(c) Definition. For purposes of this section, a "surface parking lot" is an off-street parking area which is located at street-grade level and which is not enclosed within a garage structure. The unenclosed roof surface of a garage shall not be considered a "surface parking lot" if such surface is located at least one story above grade level on at least one of its frontages.
(d) Prohibition. Notwithstanding other provisions of the Zoning Code, no surface parking lot shall be established or expanded within the designated districts except as approved by the City Planning Commission in accordance with this section.
(e) Planning Commission Determination. The City Planning Commission shall approve building permit applications for the establishment or expansion of surface parking lots in the designated districts only in accordance with the following provisions:
(1) Temporary Parking Lots. If the City Planning Commission or Landmarks Commission, as applicable, has approved demolition of a building within the designated district(s) and has approved, in accordance with the regulations of Sections 341.04 and 341.05 or Section 161.05, as applicable, plans for a new building or other non-parking use to replace such building, the subject property may be used as a surface parking lot for a maximum period of one (1) year following the demolition of the building. If all necessary redevelopment permits have not been obtained within one year of the commencement of surface parking use, the property shall be landscaped as open space or shall be converted to another appropriate non-parking use in accordance with a site plan approved by the Commission.
The Commission may, however, approve a request by the owner to extend use of the parking lot for a single period not greater than one (1) year in duration if the Commission determines that the owner has made a "good faith effort" to secure the approved redevelopment. During the time period of such extension, the Commission and the owner shall undertake discussions regarding efforts to facilitate appropriate redevelopment of the property. At the conclusion of the extension period, the property either shall be landscaped as open space or shall be converted to another appropriate non-parking use in accordance with a site plan approved by the Commission or, alternatively, the owner may seek a variance from the Board of Zoning Appeals in accordance with the provisions of division (h) of this section.
(2) Accessory Parking. Establishment or expansion of a surface parking lot within the designated districts shall be permitted if the City Planning Commission determines that the lot will be used exclusively for accessory parking spaces to serve a new use or uses proposed for a development, expansion or redevelopment project which has been approved by the City Planning Commission or Landmarks Commission, as applicable, but which has not yet been completed. The number of parking spaces in such accessory lot shall not be greater than 120% of the number of spaces which would be required for such use by the City's Zoning Code.
(3) Action Areas. The City Planning Commission shall approve an application for a surface parking lot if the subject property has been designated for surface parking as part of an "action area" (as defined in Section 315.03) of a community development plan adopted by Council in the manner set forth in Title V of the Codified Ordinances.
(4) Vacant Lots. On any vacant lot which was vacant on the initial effective date of this section, a surface parking lot shall be permitted, in accordance with all applicable City regulations.
(f) Existing Surface Lots. Within the designated districts, surface parking lots legally established or approved prior to the initial effective date of this section shall be considered legal nonconforming uses and may be maintained, repaired and improved in accordance with otherwise applicable City regulations. No such lot shall be expanded without approval of the City Planning Commission, in accordance with the provisions of this section.
(g) Variances for Establishment of Parking Lots. In the case of a request for a variance to permit establishment of a surface parking lot which is prohibited by regulations of this section, the Board of Zoning Appeals shall grant such variance only if it determines that denial of the variance would deprive the owner of all reasonable economic use of the subject property. In making this determination, the Board may seek the advice of experts in relevant fields and shall consider the potential for long-term as well as short term economic gain.
(h) Variances for Temporary Lots. In the case of a request for a variance to extend the use of a parking lot approved under division (e)(1) of this section, the Board of Zoning Appeals shall grant such extension only if it determines that redevelopment of the subject property has been delayed by circumstances which are beyond the control of the owner and which would be present regardless of the particular ownership of the property. In such cases, the Board shall not grant an extension for a period greater than one (1) year in duration. The property owner may return to the Board for consideration of further extensions if said circumstances persist.
(Ord. No. 1465-97. Passed 12-15-97, eff. 12-22-97)
349.15 Reserved
Note: Former Section 349.15 has been repealed by implication by Section 349.08 of this Chapter.
349.16 Reserved
Note: Former Section 349.16 has been repealed by implication by Section 349.09 of this Chapter.
349.17 Off-Street Loading Required
In all use districts adequate loading or unloading docks or platforms shall be provided in or on all nonresidential buildings hereafter erected or converted to such use which contain a gross floor area of 25,000 square feet or more or occupy lots which abut an alley or have a frontage of 100 feet or more; provided that the Board of Zoning Appeals may modify the requirements of this section for buildings which contain a gross floor area of 25,000 square feet or more but occupy lots which do not abut any alley and have less than 100 feet frontage, or for buildings which contain a gross floor area of less than 25,000 square feet, when the Board deems such modification to be in the public interest and not detrimental to adjoining property. Such docks or platforms shall be not less than fifty feet back from the building line along the street or alley on which they face and not less than eighty feet from the center line of the street. Any truck entrance or exit doorway or gateway less than five feet from the street line shall be at least twelve feet wide and twelve feet high and the curb cut shall extend for at least fifteen feet on either side of the driveway. For buildings which abut alleys, other than warehouses, freight depots or freight terminals, no unloading space shall be provided with access directly from a street unless permitted by the Board.
(Ord. No. 2204-A-48. Passed 12-19-49, eff. 1-29-50)