§ 9.7.1. Change Of Occupancy

The following guidelines are used in calculating parking requirements for a change of occupancy. In all cases the existing use must either have a valid certificate of occupancy for its current use or be recognized as an established legal non-conforming use, or else the last use for which a valid certificate of occupancy is on file will be considered to be the existing use.

A.

If the existing use complies with the parking requirements in Chapter 25-6, Appendix A, the new use must also comply with the parking requirements in the table.

B.

If the existing use does not comply with the parking requirements in Chapter 25-6, Appendix A, and the new use has a required parking ratio (in Chapter 25-6, Appendix A) less than or equal to the required parking ratio for the existing use, no additional parking is required, regardless of the actual number of spaces available on the site.

For example, assuming the correct zoning, a Financial Service, with a required parking ratio of 1 space per 200 square feet, could occupy a building formerly occupied by a Personal Service (1 space per 200 square feet) or an Indoor Entertainment facility (1 space per 100 square feet without adding any parking, even though the number of spaces actually available on the site may not comply with the requirement of 1 space per 200 square feet. The existing parking is considered to be non-complying with regard to any use with the same parking ratio or a lesser parking ratio.

C.

If the existing use does not comply with the parking requirements in Chapter 25-6, Appendix A, and the new use has a required parking ratio greater than the required parking ratio for the existing use, the new use is not required to make up the parking deficiency for the current use, but only to provide the additional spaces needed for the new use. The number of spaces required for the new use is the number of spaces computed by Chapter 25-6, Appendix A, minus the existing deficiency.

For example, consider a 4500-square foot retail use which is being converted to a restaurant. The normal parking requirement for a restaurant would be 1 space per 75 square feet, or 60 spaces. The normal parking requirement for a retail use would be 1 space per 200 square feet, or 23 spaces. However, this structure was built prior to existing regulations and has only 20 spaces. In this case the parking requirement for the restaurant would be computed as follows:

Retail use:
Normal requirement (4500 sq. ft. × 1 space/200 sq. ft.)	=	23 spaces
Parking provided*		-20 spaces
Existing deficiency		3 spaces
Restaurant:
Normal requirement (4500 sq. ft. × 1 space/75 sq. ft.)	=	60 spaces
Existing deficiency		- 3 spaces
Required Parking		57 spaces

 

The exception to this rule is a cocktail lounge or late-hours restaurant. Under Section 25-6-471, as amended by Ord. No. 920109-I, these facilities must meet current code requirements whenever a change in use is requested. In the example described above, if the building were being converted to a cocktail lounge instead of a restaurant, the parking requirement would be 90 spaces (4500 sq. ft. × 1 space/50 sq. ft.).

* If there is a site plan or other documentation of the number of parking spaces required at the time the use was originally approved, that number must be used instead of the number of spaces actually provided.

D.

In the CBD and DMU districts, where a use is required to provide no less than 20 percent of the normal requirement and no more than 60 percent of the requirement, the requirement is computed in a similar fashion to the preceding case, but the parking ratios are reduced by 20 to 60 percent.

As an example, consider the same 4500 square foot retail use which is being converted to a restaurant, but assume that it is located in the CBD and has only 2 existing parking spaces. The minimum parking requirement for the cocktail lounge would be computed as follows:

Retail Use:
Normal requirement (4500 sq. ft. × 1 space/200 sq. ft. × .2)	=	5 spaces
Parking provided	=	-2 spaces
Existing deficiency	=	3 spaces
Restaurant:
Normal requirement (4500 sq. ft. × 1 space/75 sq. ft. × .2)	=	12 spaces
Existing deficiency	=	-3 spaces
Minimum required parking:		9 spaces

 

The maximum parking allowed for the restaurant would be:
4500 sq. ft. × 1 space/75 sq. ft. × .60 = 36 spaces.