§ 25-6-591. PARKING PROVISIONS FOR DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT (CBD) AND THE DOWNTOWN MIXED USE (DMU) AND PUBLIC (P) ZONING DISTRICTS.

(A)

The requirements of this section apply to the:

(1)

central business district (CBD);

(2)

downtown mixed use (DMU) zoning district; and

(3)

public (P) zoning district within the area bounded by Martin Luther King, Jr., Boulevard; IH-35; Lady Bird Lake; and Lamar Boulevard.

(B)

Off-street motor vehicle parking is not required within the central business district (CBD) or downtown mixed use (DMU) zoning districts except as provided by this subsection. For purposes of this subsection, off-street parking includes any parking that is designated to serve a use and is not located in a public right-of-way, regardless of whether the parking is onsite or offsite.

Editor's note— Amendments to division (B) of this section made by Ord. 20130523-104 did not take into account amendments previously made by Ord. 20130411-061. The amendments enacted by Ord. 20130523-104 have therefore been made only to other parts of the section that do not conflict with Ord. 20130411-061. Future legislation will correct the text if needed.

(1)

If off-street parking is provided, it must include parking for persons with disabilities as required by the Building Code and may not include fewer accessible spaces than would be required under Paragraph (2)(a) of this subsection.

(2)

Except for a use occupying a designated historic landmark or an existing building in a designated historic district, off-street motor vehicle parking for persons with disabilities must be provided for a use that occupies 6,000 square feet or more of floor space under the requirements of this paragraph.

(a)

The following requirements apply if no parking is provided for a use, other than parking for persons with disabilities:

(i)

the minimum number of accessible parking spaces is calculated by taking 20 percent of the parking required for the use under Appendix A ( Tables of Off-Street Parking and Loading Requirements ) and using that result to determine the number of accessible spaces required under the Building Code. The accessible spaces may be provided on- or off-site, within 250 feet of the use.

(ii)

The director may waive or reduce the number of accessible spaces required under Paragraph (2)(a)(i) if the applicant pays a fee in-lieu to be used by the city to construct and maintain accessible parking in the vicinity of the use. The availability of this option is contingent on the establishment of a fee by separate ordinance and the adoption of a program by the director to administer the fee and establish eligibility criteria. A decision by the director that a use is ineligible for a fee in-lieu is final.

(iii)

The director may waive or reduce the number of accessible spaces required if no accessible spaces can be provided consistent with the requirements of Paragraph (2)(a)(i) and the use is ineligible for participation in the fee in-lieu program under Paragraph (2)(a)(ii).

(iv)

An off-site or on-street parking space designated for persons with disabilities that is located within 250 feet of a use may be counted towards the number of parking spaces the use is required to provide under Paragraph (2)(a)(i).

(b)

If any off-street parking is provided for a use, other than parking for persons with disabilities, then the use is subject to the requirements in Paragraph (1).

(3)

Except as provided in Subsection (C) of this section, the maximum motor vehicle parking facility allowed is 60 percent of the number of motor vehicle parking spaces required by Appendix A ( Tables Of Off-Street Parking And Loading Requirements ).

(4)

A minimum of two bicycle parking spaces is required, and the total amount of bicycle parking required is calculated by applying Appendix A to the proposed use.

(5)

Except as provided in Subsections (C) and (D) of this section, a parking garage must be separated from an adjacent street by a pedestrian-oriented use described in Section 25-2-691 ( Waterfront Overlay (WO) District Uses ) that fronts on the street at the ground level.

(6)

A curb cut for a garage access must have a width of 30 feet or less.

(7)

At the intersection of sidewalk and parking access lane, ten degree cones of vision are required.

(C)

The maximum number of parking spaces allowed under Subsection (B)(3) of this section may be increased at the request of an applicant under the requirements of this subsection.

(1)

The director shall approve an increase if all parking spaces are contained in a parking structure and the total number of spaces is less than 110 percent of the spaces calculated under Appendix A ( Tables Of Off-Street Parking And Loading Requirements ).

(2)

The director or the Land Use Commission may approve an increase equal to or greater than 110 percent of the number of spaces calculated under Appendix A ( Tables Of Off-Street Parking And Loading Requirements ) if the criteria in Section 25-6-501(D)(2) ( Off-Site Parking Allowed ) are satisfied.

(3)

Only if bicycle parking is also increased proportionately.

(D)

The Land Use Commission may waive the requirement of Subsection (B)(5) of this section during the site plan review process after determining that:

(1)

present and anticipated development in the area is not amenable to access by pedestrians;

(2)

the requirement does not allow a reasonable use of the property; or

(3)

other circumstances attributable to the property make compliance impractical.

(E)

If a waiver is granted under Subsection (D), an area for which the requirement is waived must be screened.

Source: Section 13-5-106 (a) and (b); Ord. 990225-70; Ord. 990603-108; Ord. 010607-8; Ord. 031120-44; Ord. 031211-11; Ord. 20111006-079; Ord. 20130411-061; Ord. 20130523-104; Ord. 20130829-105.