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HomeMy WebLinkAbout02-13-13 Planning and Economic Development Committee Meeting Agenda MEETING NOTICE City of Ithaca Planning & Economic Development Committee Wednesday, February 13, 2013 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street A. Agenda Review B. Special Order of Business C. Public Comment and Response from Committee Members (6:05 pm) D. Announcements, Updates and Reports (6:20 pm) 1. Intermunicipal Planning Coordination 2. 2013 Project Overview 3. Collegetown Zoning Updates 4. Downtown Zoning Updates 5. Noise Ordinance Development E. Action Items 1. Elimination of Minimum Parking Requirements (6:45 pm) (concept memo, draft ordinance revision for potential circulation) F. Discussion Items 1. 2013 Committee Workplan (7:30pm) Review committee workplan developed at retreat G. Approval of Minutes H. Adjournment (8:00 pm) Direct questions about the agenda to Jennifer Dotson, Chairperson, (jdotson@cityofithaca.org or 351-5458) or the appropriate staff person at the Department of Planning & Development (274-6550). Back-up material is available in the office of the Department of Planning & Development. The agenda order is tentative and subject to change. If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at 274-6570 by 12:00 noon on Tuesday, February 12, 2013. CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 COMMON COUNCIL Telephone: 607/274-6570 Fax: 607/272-7348 To: Planning and Economic Development Committee From: Jennifer Dotson, Chair Date: February 7, 2013 RE: PROPOSAL TO ELIMINATE MINIMUM PARKING REQUIREMENTS The purpose of this memo is to provide information regarding a proposal to eliminate minimum parking requirements from zoning code citywide. The committee has previously discussed this concept at the June 13, 2012 and January 9, 2013 meetings, and a working group including staff, committee members, and others has met several times since June 2012. Over the past year, but with roots in the extensive work and discussions that occurred during the development of the 2009 Collegetown Urban Plan and Design Guidelines, there has been growing interest among various City staff and appointed and elected officials, including members of Common Council, the Planning and Development Board, and the Board of Public Works, in revising the various ways that the City regulates the amount of parking on private property as well as a strong interest in dramatically improving the City’s management and pricing of the on and off street parking that it controls directly. These discussions have centered on goals of reducing parking’s impacts on site design, neighborhood character, housing affordability, and the environment (including climate change), while supporting the City’s goals for livable neighborhoods through aesthetics, safe housing, and support for efficient and environmentally friendly transportation services and choices. This has led to several proposals, including the creation of a new Director of Parking position, which is funded in the budget starting April 1, 2013, with a primary focus to improve management of City-owned parking for convenience, revenue, and consistency with other City goals. Also growing out of this process is a proposal to eliminate minimum parking requirements in the City’s zoning code, to improve use of land, site design, to eliminate a non-market based influence on travel behavior, to reduce environmental impacts and improve housing affordability. Proposed modifications to Chapter 325-20 (and other relevant sections) of the City’s Zoning Code are enclosed for your review. Although there has been much debate in recent months on the best way to structure a transition, particularly in areas such as Collegetown, extending the elimination of minimum parking requirements from a few solely commercial zoning districts to the entire City supports good land use planning and good transportation planning. Requiring developers to build a certain amount of parking carries many negative consequences for site design, housing affordability, travel behavior, and the local and global environment. Removal of a requirement for developers to build parking when other development occurs will not mean no off-street parking is constructed. To the contrary, the City’s experience in the nine zoning districts (CBD, WF, WEDZ-1a, and certain B districts) where zoning does not currently require parking is an indication of the response of local developers: some parking is built, but significantly less than would have otherwise been required. Property owners use their sense of the market dynamics, the constraints of the site, the presence of municipal parking facilities (and associated parking districts), etc., instead of a statically calculated number of spaces. Within this updated land-use policy context, the Director of Parking will be able to monitor and recommend responses to this in the framework of other City policies and fiscal realities, tracking changes, fielding requests and complaints, overseeing installation and management of on-street pay stations (for which there is already over $200,000 available in capital funding), recommending modifications to pricing structures that appropriately respond to changing parking dynamics both on-street and in the garages, recommending formation of Parking Benefit Districts, among other tasks. This will allow City taxpayers and parking customers to benefit from the convenience and revenue improvements from the use of price and management to help balance parking supply and demand, rather than relying on static minimum private parking requirements calculated from ratios that were developed many years ago in other cities and other states. The City will continue to regulate parking, particularly where it can go on the site (e.g., behind buildings rather than in front), layout and landscaping, dimensions, etc. In addition, should the private sector elect to not provide parking on-site, demand may increase for publicly controlled parking, especially on-street parking and parking garages. Minimum parking requirements were not designed to control or limit building occupancy. However, in areas where high demand for housing leads to substandard conditions and exorbitant rents, landlords have tended to maximize the number of occupants without proper regard for construction quality and safety. Parking requirements have been used, indirectly and without a clear rationale or policy framework, as a way to control building occupancy. Separate from the reform of parking management, improvements are needed in this area. Parking maximums have also been discussed, as a way to emphasize the City’s goals for efficient land use and to support other transportation and neighborhood character goals where national market forces are likely to produce sprawl-type development, or where developers’ desire to build parking for profit may conflict significantly with the City’s land use or other goals. Zoning districts mentioned for potential maximums include the SW, B, I, and potentially the R-3 districts. The current proposal does not include any maximum limits on allowable parking. If the Committee is in agreement, staff will circulate the proposal for comment and return next month for further discussion. If you have any concerns or questions, please feel free to contact me or JoAnn Cornish. A summary of specific changes to this lengthy code chapter follows. - 2 - Summary of specific changes: This draft removes minimum parking requirements citywide, but does not add any maximum limits on allowable parking. Implementation in the Collegetown Parking Overlay Zone is delayed by six months from the effective date of other changes in this proposal. Following is an overview of specific changes in the draft legislation, listed in bullet form and organized thematically. Removing minimum parking requirements • No change is necessary to remove minimum parking requirements in zones R-1, R-2, WEDZ-1a, CBD zones, B-1b, B-2c, and WF zones, since none exist currently. • Wording in various places is changed to reflect switch from minimums to no requirement, while retaining requirements spaces provided be constructed and maintained to a certain standard. (325-20D3) • Coordination with Collegetown area is addressed by delaying implementation in the Collegetown Parking Overlay District for six months. (325-20D3c) • Option for minimum parking requirements to be fulfilled through provision of parking on another parcel within 200, 250 or 500 feet walking distance (the "off-site parking method") is removed completely. (325-20D4 removed) • Purpose and intent of off-street parking section is adjusted to reflect change in approach. (325-20A) • Approach to counting end-to-end parking spaces is flagged for possible adjustment during final review by working group. (325-20D3e) • Size calculations are modified to control for too-large as well as too-small spaces. (325- 20D5) • Requirement to conform with minimum parking requirements is removed from the definition of nonconforming building, structure or lot, language is made simpler. Similar changes are made regarding repair or changes to nonconforming uses or structures. (325- 3, 325-32) Other • "Building Commissioner" is changed to "Director of Zoning Administration" as per recent staffing structure changes. (325-9B, 325-20D1a, 325-20D3f, 325-20J) Unchanged • Layout, site plan, access, screening, lot coverage, drainage, maintenance and other requirements unrelated to counting of spaces. Stricter site plan and other requirement for parking areas with capacity for three or more parking spaces in residential zones. (325- 20D5) • Front yard parking controls. (325-20E) • Controls for separation of sidewalks and parking areas, and setbacks, in the WEDZ and SW zones. (325-20H) • All requirements for the U-1 zone (including reporting and calculations of required number of parking spaces). (325-20J) - 3 - ELIMINATION OF MINIMUM PARKING REQUIREMENTS DRAFT PROPOSED LEGISLATION February 7, 2013 Jennifer Dotson § 210-62. Parking spaces .[regarding mobile home developments] § 325-3. Definitions and word usage. B. Specific terms or words. For the purpose of this chapter, certain terms or words herein, unless the context or subject matter otherwise requires, shall be interpreted or defined as follows. These definitions apply to this chapter; and, in order to retain conformity, they are applied also to the Housing Code and Building Code of the City. NONCONFORMING BUILDING, STRUCTURE OR LOT A building, structure or lot of record legally existing at the time of enactment of this chapter, or any subsequent amendment, which does not conform to the parking or dimension requirements for the district in which it is located. § 325-8. District regulations. A. The District Regulations Chart is hereby made a part of this chapter. Editor's Note: The District Regulations Chart is located at the end of this chapter. Column heads on the District Regulations Chart are defined as follows: [Column removed, subsequent columns renumbered.] § 325-20. Off-street parking. A. Purpose and intent. The intent of this section is to regulate uniformly the development and maintenance of off-street parking for both public and private uses. The following regulations are designed to minimize any detrimental effects to adjacent properties, to surrounding neighborhoods and to the environment. B. Applicability. Except as specified in § 325-8, the District Regulations Chart, which is available in the City Clerk's office, § 325-20 shall, after the effective date, govern the creation, alteration or expansion of all off-street parking areas. Section 325-20 shall also govern the maintenance of all off-street parking areas. C. Nonconforming uses. Notwithstanding anything to the contrary contained in this section or in the District Regulations Chart, the amount of off-street parking permitted on a property containing a nonconforming use shall not exceed the amount of parking determined to have existed on said property at the time it became a nonconforming use, and shall not be extended Deleted: Two paved parking spaces shall be provided for each mobile home lot off the street. Each parking space shall have a minimum of 153 square feet. Deleted: minimum Deleted: (4) Column 4: Off-Street Parking Requirement. The off-street parking spaces listed in this column shall be provided for each building hereafter erected or altered. In addition, see Article IV and §325-20. ¶ Deleted: provide adequate parking and safe vehicle movements while Deleted: ing onto or relocated to a different part of the lot or parcel in question or elsewhere, unless a use variance is granted for such additional parking. D. General requirements. (1) Required submissions and approvals. (a) Site plans and building permit. In all zoning districts, no parking area or driveway may be constructed, added to, altered, or resurfaced (except for routine repairs in kind or other minor alterations of an existing parking area, other than resurfacing, that do not change the parking area or driveway's size, capacity, configuration, or drainage characteristics) until a building permit has been issued. All such building permits shall be in accordance with this chapter's requirements. Prior to obtaining a building permit, the applicant must submit two dimensioned plans, drawn to scale, one indicating the existing conditions, and one that indicates the proposed conditions, including the locations of all of the green areas, parking areas, associated maneuvering areas and driveways, any required screening, direction of ground slope, and drainage provisions, and includes a calculation in square feet of the area of paving and the area of the yard in which paving already exists or is proposed to be constructed. (b) Certificate of appropriateness. Any proposed parking development in areas under the jurisdiction of the Ithaca Landmarks Preservation Commission must obtain a certificate of appropriateness from the Commission before a building permit can be issued. (c) Site plan review. The creation or expansion of off-street parking areas is also subject to site plan review, unless such development falls below the applicability thresholds set forth in Chapter 276 of this Code. (See Chapter 276 for the applicability of site plan review which, if required, must be completed before a building permit can be issued.) (d) Neighborhood parking area. Notwithstanding anything to the contrary contained in this chapter, and in addition to any other generally applicable requirements, the creation or expansion of a neighborhood parking area (as defined in § 325-3, under "parking area") in an R-3 or R-U district shall require a special permit. (e) Street permits. No curb cut, driveway entrance and/or drain pipe in the street right-of- way shall be built or installed unless a street permit has first been obtained from the City Engineer. (f) City tree removal. There shall be no removal of any tree located on City property unless approval has first been granted by the City Forester. (2) General standards for all off-street parking areas, driveways and curb cuts. (a) Parking. All off-street parking must occur in approved parking spaces, parking areas or parking lots meeting the general standards for all off-street parking areas in § 325- 20D(2). Parking is specifically not permitted on lawns, sidewalks, or other spaces not developed as a parking space. (b) Clear boundaries. All parking areas, including associated driveways and vehicle maneuvering areas, shall have clearly defined boundaries. A "clearly defined boundary" shall mean, at a minimum, the existence of a distinct edge to the material used to pave the parking area, such that the yard area where parking is permitted is clearly distinguished from the yard area where parking is not permitted. Where approved parking areas are contiguous with sidewalks or other paved areas, there shall be a minimum four-inch-high curb or other equivalent continuous permanent barrier separating the parking area from other paving, except as required to allow for accessibility. Deleted: therefor Deleted: by the Building Commissioner. (c) Physical character of parking spaces. Each parking space shall be even-surfaced and internally unobstructed by structures, walls, landscape elements or other obstructing features, except that low curbs or wheel stops may be located within or adjoining a space if they do not impede vehicular access to or egress from the parking space. The surface of the parking area and that portion of the access driveway which is not included in Subsection D(2)(e)[1] below shall conform to standards and specifications available at the office of the City Engineer and shall at a minimum be a maintainable surface which will support the sustained loads. Acceptable surface materials include crushed stone, brick, concrete, asphalt, permeable pavement, or similar materials. (d) Drainage. All newly constructed or enlarged parking areas, including associated driveways and vehicle maneuvering areas, shall have adequate provisions to prevent surface or runoff water from draining to or across adjoining properties, sidewalks or streets during, at a minimum, a two-year storm event, and shall comply with the provisions of Chapter 282, Stormwater Management and Erosion and Sediment Control. In the event of inconsistency, the provisions of Chapter 282 shall prevail. Stormwater runoff shall not be designed to flow across any public sidewalk as a primary method of delivering the runoff to a stormwater facility. All drainage systems in existing parking areas shall be maintained in good working order. For more detailed requirements for parking areas with the capacity for three or more parking spaces on lots within residential zoning districts, see also Subsection F, and for parking areas on lots in nonresidential zoning districts, see also Subsection G. (e) Access requirements. All parking spaces shall have access to the street by way of a driveway. [1] The portion of access driveways extending from the street to the sidewalk, or to the property line if no sidewalk exists, must be hard-surfaced with concrete, brick, asphalt or other approved material, as required by the City Engineer. [2] Driveways must be at least eight feet wide in residential zoning districts and at least 10 feet wide in nonresidential zoning districts, and must have clear visibility to the street. Any required screening must be so designed that it shall not interfere with sight lines necessary for pedestrian and driver safety. [a] Maximum driveway grades. Driveways to areas containing parking spaces for three or more vehicles shall be graded to form a street entry with a maximum grade of 8% for a distance of 25 feet from the curbline. [b] Adjacent driveways and combined curb cuts. Driveways on adjacent lots may be side by side or may be combined. [3] Driveway aisles. Where permitted, one-way driveway aisles shall have a minimum width of 10 feet and a maximum width of 12 feet. Two-way driveway aisles shall have a minimum width of 20 feet and a maximum width of 24 feet. (f) Required maintenance. So long as they remain in use as such, all parking areas and associated driveways and vehicle maneuvering areas as well as any required screening, plantings and drainage systems must be maintained to preserve their intended function and to prevent nuisances or hazards to people, surrounding properties and public ways. Any planting required by the provisions of this section (such as planting for the purpose of screening or shading) that dies or, in the opinion of the City Forester, becomes too unhealthy to serve its intended function shall be replaced at the earliest occurring suitable planting season by healthy planting that satisfies the provisions of this section. (g) No refuse or litter. All parking areas, including associated driveways, vehicle maneuvering areas and interior or peripheral planting areas, must be kept free of refuse or litter. (3) Maximum number of off-street parking spaces permitted in R-1 and R-2 districts; none required for other districts, except for U-1. (a) Notwithstanding anything contained herein to the contrary, there are no requirements as to the minimum number of off-street parking spaces in anyzoning district except the U-1 district in accordance with § 325-20J and within the Collegetown Parking Overlay Zone, temporarily, in accordance with § 325-20D(3)(d). (b) Parking spaces for specific uses. Off-street parking spaces may be provided and shall be maintained in accordance with § 325-20D(2) by the property owner for each use or building which is newly established, erected or enlarged after the effective date of this section (June 6, 2012). (c) Maximum number of parking spaces in R-1 or R-2 districts. For each building or use (including parking) on a property within an R-1 or R-2 zoning district, which building or use is newly established, erected or enlarged after the effective date of this section (June 6, 2012), the maximum number of off-street parking spaces permitted shall be two. Deleted: and number …all Deleted: the following …s: WEDZ-1a, CBD-60, CBD-85, CBD-100, CBD-120, B-1b, and B-2c, WF-1 and WF-2 Deleted: required …shall Deleted: , as specified in the chart below Deleted: Use1 Deleted: Adult day-care home or group adult day-care facility Deleted: Dormitory Deleted: Dwelling unit Deleted: Fraternity, sorority or group house Deleted: Rooming or boarding house Deleted: Auditorium or theater Deleted: Bar, tavern or restaurant Deleted: Bed-and-breakfast home or bed-and-breakfast inn Deleted: Bowling alley Deleted: Church, funeral home or mortuary Deleted: Fitness center or health club Deleted: Home occupation requiring special permit Deleted: Hospital or nursing or convalescent home Deleted: Hotel or motel Deleted: Medical or dental office Deleted: Nursery school, child day-care center or private elementary or secondary school Deleted: Office or bank Deleted: Retail store or neighborhood commercial facility Deleted: Wholesale or industry Deleted: Boat launch Deleted: Boat storage or repair Deleted: Boatel Deleted: Marina Deleted: Yacht club Deleted: Human service agencies and centers Deleted: NOTES: Deleted: 1 Deleted: 2 ... [16] ... [2] ... [1] ... [3] ... [4] ... [19] ... [5] ... [20] ... [6] ... [21] ... [7] ... [22] ... [8] ... [23] ... [17] ... [24] ... [18] ... [25] ... [11] ... [26] ... [12] ... [27] ... [13] ... [28] ... [14] ... [29] ... [15] ... [9] ... [30] ... [10] ... [31] (d) Parking spaces required in the Collegetown Parking Overlay Zone, temporarily. [1] Notwithstanding anything to the contrary contained herein, in the CPOZ, required off-street parking for residential uses in the R-3a and R-3b Zoning Districts (Residential) and the B-2a and B-2b Zoning Districts (Business) shall be one space for every two resident occupants in the areas designated CPOZ on the map entitled "Collegetown Parking Overlay Zone," dated June 2000, a copy of which is on file in the Ithaca City Clerk's office, until six months after the removal of other minimum parking requirements (other than in the U-1 zone) become effective. . (4) Parking space, driveway, and driveway aisle size requirements. For purposes of computing number, spaces shall not vary more than 15% above or below the dimensions outlined. (a) Parking space size requirements for parking areas with 10 or fewer parking spaces. For such parking areas, a parking space shall have a dimension of eight feet by 18 feet, exclusive of pedestrianways, maneuvering space and driveways appurtenant thereto and giving access thereto. The edge of the parking space pavement may be up to two feet inside the outermost line of the parking space where unobstructed vehicle overhang is available. All parking spaces shall have adequate access. (b) Parking space size requirements for parking areas with 11 or more parking spaces. [1] Perpendicular parking. For parking perpendicular to the driveway aisle, parking spaces shall be eight feet six inches by 18 feet. The edge of the parking space pavement may be up to two feet inside the outermost line of the parking space where unobstructed vehicle overhang is available. [2] Parallel parking. For parking parallel to the driveway aisle, parking spaces shall be eight feet six inches by 20 feet. [3] Angle parking. For angle parking, a standard parking space shall have an area of 255 square feet, the length of which shall be measured, at the same angle of parking, from the center of the outermost edge of the parking space to the center line of the driveway aisle giving access to the parking space. The edge of the parking space pavement may be up to two feet inside the outermost line of the parking space where unobstructed vehicle overhang is available. (c) Possible variation from above standards under site plan review. The Planning and Development Board may, at its discretion, allow parking space sizes that vary from the above standards in those instances where Chapter 276, Site Plan Review, applies. (d) Parking for people with disabilities. For parking for people with disabilities, the combined width of parking and access aisle shall be in compliance with the New York State Uniform Fire Prevention and Building Code. Signage as required by the New York State Uniform Fire Prevention and Building Code shall be provided for all accessible parking spaces and associated access aisles. E. Parking in front yards. (1) In all residential districts, all front yard parking within 15 feet of the front property line is restricted to a motor vehicle orientation that is within 10° of perpendicular to the street. (2) In all residential districts, parking in the front yard of lots which have a width at the street line of 50 feet or less shall be restricted to parking within a driveway that is perpendicular Deleted: 3 Deleted: Unless the Zoning Board of Appeals, upon consideration of all relevant factors, including but not limited to the easy availability of on-street parking or the expectation that a lesser parking requirement will meet the parking needs of the use, determines during consideration of the special permit that a lesser off-street parking requirement is appropriate and will not have a negative impact on the surrounding neighborhood. Deleted: 4 Deleted: Boat-launching ramps shall maintain 75% of their parking spaces at a size of 10 feet by 40 feet to accommodate boat trailers. Consult the New York State Parks and Recreation Department on space requirements for maneuvering. Deleted: [2] The requirements contained in § 325-20D(3)(c) shall not apply to buildings existing within the designated areas, as of October 4, 2000. Parking requirements for such buildings within these areas shall remain as specified in the chart in § 325-20D(3)(b), provided that there is no increase in the number of resident occupants. Notwithstanding anything to the contrary contained in this Code, in cases where the number of resident occupants is increased, the parking requirements of the Collegetown Parking Overlay Zone shall be applied only to the additional resident occupants. ¶ Deleted: (e) Enclosed parking spaces that meet the minimum parking space size requirements shall be counted toward meeting the required allowed number of parking spaces. ¶ (f) Counting of end-to-end parking spaces. When determining the number of off-street parking spaces provided to fulfill the number of off-street parking spaces required for a use, no more than one pair of end-to-end parking spaces shall be counted, unless all spaces have adequate maneuvering space or direct street access. This is not to prevent the use of a parking area for more than a single pair of end-to-end parking spaces if conditions warrant. ¶ (g) Shared parking. In a case where two or more establishments on the same lot, Deleted: (4) Location requirements; off-street parking areas. All required parking spaces provided pursuant to this section shall be on the same lot as the building, use or activity that they serve, or may be located off site on another lot Deleted: 5 Deleted: minimum Deleted: minimum ... [33] ... [32] to the street or that is within 10° of perpendicular to the street. Such driveway shall not be more than 12 feet wide for the portion that passes through the front yard. (3) In all residential districts, parking in the front yard of lots which have a width at the street line of more than 50 feet shall be restricted to an area not greater than 25% of the total area of the front yard, including turnaround and other vehicle maneuvering areas and driveways leading to garages and parking areas. The setback for any such parking area must meet the minimum front yard setback dimensions specified in § 325-8, District Regulations Chart, Editor's Note: A copy of the District Regulations Chart is on file in the City Clerk's office. for the zoning district in which the parking area is to be constructed. (4) In all residential districts, on corner lots with more than one front yard as defined in this Code, front yard parking according to the above provisions shall only be permitted on one of the front yards. (5) In all residential districts, where a parking area will use a front yard, the use of the front yard for parking and associated maneuvering space shall not exceed the amounts permitted by this section nor the amounts permitted by any other applicable provisions of this Code, including § 325-20D(3)(c). Any permitted front yard parking area shall have a clearly defined boundary as required by § 325-20D(2)(b), and the remainder of the front yard shall be landscaped as a green area in keeping with the surrounding neighborhood. (6) In all districts, when a parking area is established on a lot that does not contain a building, an area equivalent to the front yard that would be required if a building did stand on the site shall be kept free of parking (except for an access drive to the parking area). The area equivalent to the front yard that would be required if a building did stand on the site shall be landscaped in keeping with the surrounding neighborhood and shall be separated and protected from the parking area by a suitable fence or safe barrier. (See the more detailed screening requirements described below for parking areas within residential zoning districts.) F. Requirements for new or enlarged parking areas with the capacity for three or more parking spaces on lots within residential zoning districts but only insofar as otherwise permitted in any given district. (1) Required permits. A new or enlarged parking area, with the capacity for three or more parking spaces, on a lot within a residential zoning district requires site plan approval (see Chapter 276) and a building permit. Plans submitted must include a site plan drawn to scale with all existing and proposed green areas, parking areas, associated maneuvering areas and driveways clearly indicated and dimensioned, must indicate required screening, ground slope and drainage provisions and must include a calculation in square feet of the area of paving and the area of the yards in which paving already exists or is proposed to be constructed. No building permit shall be issued unless the requirements of § 325-20D(1) are met. (2) Screening. The entire parking area, except entrances and exits, shall be screened from public ways and adjacent properties. Screening devices shall be at least four feet high, except where they are within 10 feet of the entrance or exit, or within 20 feet of a property lot corner at a street intersection. Screening may consist of hedge planting, walls, fences, trellises or a compatible combination of these elements. Screening is not required where the parking area is screened from the view of adjoining properties by buildings or other accessory structures, or sufficiently dense vegetation located on the same parcel as the parking area. Similarly, screening is not required where buildings or accessory structures without windows or other openings facing the parking area or other such screening devices exist on neighboring parcels and effectively screen the parking area. However, upon removal of said building, accessory structure or other such screening device by the adjoining property owner, the required screening shall be installed within one year. (a) Planting for the purpose of screening. Planting for the purpose of screening shall form a year-round dense screen at least four feet high within two years of the initial planting. Planting areas shall be curbed or otherwise protected from vehicle damage on the parking area sides, be at least eight feet wide and have a minimum three-foot-deep excavation prior to planting. (b) Fences and walls for the purpose of screening. Fences for the purpose of screening must be sufficiently opaque, whether alone or in combination with planting or other design elements, to function as an effective visual barrier. Walls for the purpose of screening must be compatible in scale, texture and color with surrounding structures. (3) Maximum parking area coverage. In order to protect the character of residential areas, plans for parking areas with the capacity of three or more cars within residential zoning districts that permit three or more cars must conform to either the setback compliance method or the landscaping compliance method described respectively in § 325-20F(3)(a) and (b) below. Before applying for a variance from this requirement, an applicant must show that neither method is feasible. Such plans must also comply with all other general and specific standards of § 325-20 and with the District Regulations Chart. Editor's Note: A copy of the District Regulations Chart is on file in the City Clerk's office. Where turnarounds or other maneuvering spaces not required for access to parking spaces are provided that meet minimum size for a parking space, they shall be counted as a parking space for the purpose of this Subsection F(3). (a) Setback compliance method. Parking areas using the setback compliance method shall conform to the following standards: [1] Setbacks. The parking area shall not be located within the required minimum side or rear yard setback areas established for the applicable zoning district by the District Regulations Chart. These setbacks shall not apply to any driveway up to 12 feet in width that provides access for vehicles. [2] Maximum yard coverage. The parking area, excluding any driveway up to 12 feet in width that provides vehicle access to a street, but including all other turnaround and vehicle maneuvering areas associated with parking, shall not cover more than 50% of any remaining side or rear yard, as such percentage is calculated after excluding the required minimum side or rear yard setback areas specified for the applicable zoning district by the District Regulations Chart. For the purposes of this calculation, the area of a side or rear yard shall not include the building area of any building or accessory structure located in the yard. (b) Landscaping compliance method. [1] A plan for a parking area using the landscaping compliance method shall be submitted to the Planning and Development Board for review. The required building permit shall not be issued until a plan approved by the Board or the Board's designee (and a certificate of appropriateness is on file with the Building Department where applicable; see below) is on file in the Building Department. [2] The Planning and Development Board may, at its discretion, approve a parking area that covers more than 50% of any side or rear yard (as calculated after excluding the minimum setback areas specified for the applicable zoning district, per the District Regulations Chart), if the Board finds that mitigating factors such as, but not limited to, the following exist: [a] Natural land forms or tall vegetation provide significant shielding of views toward the parking area from the street and/or adjacent properties. [b] The configuration of the parking area protects and preserves existing healthy and mature vegetation, especially trees over eight-inch DBH (diameter at breast height). [c] One or more curbed and landscaped planting areas are provided within the parking area. Any such interior planting area shall be a minimum of 80 square feet with no dimension being less than eight feet. [d] The parking area will be substantially shaded by existing woodland or canopy trees, or the parking area plans call for the planting of trees of a species that, at maturity, will provide canopy shading. Trees currently or prospectively providing such shade may be located around the periphery of the parking area or in interior planting areas. Any such interior planting area accommodating such canopy trees shall be a minimum of 80 square feet with no dimension being less than eight feet. Such interior planting areas shall be curbed and have a minimum three-foot-deep excavation prior to planting. [3] All property owners using the landscaping compliance method must notify surrounding property owners by placing a notice at the project site in a form prescribed by the Planning and Development Board. [4] The Board shall be under no obligation to approve a parking area using the landscaping compliance method; any such approval is discretionary. [5] In the event that the proposed parking area is under the jurisdiction of the Ithaca Landmarks Preservation Commission, the proposed plan shall also be submitted to the Commission for its review. The role of the Commission shall be limited to ruling on the appropriateness of the plan in relation to any adverse impact on the aesthetic, historical or architectural significance or value of the landmark or site in question. A building permit shall not be issued for a plan that has not received a certificate of appropriateness by the Commission, where such a certificate is required. (4) Drainage. Surface or runoff water must be collected and transmitted or piped to the nearest storm sewer or, if a storm sewer is not available, then through underground piping to the street gutter, or provisions shall be made for stormwater retention or recharge. Stormwater drainage systems, including their connections to public stormwater facilities, shall be in accordance with this Code and with the provisions of Chapter 282, Stormwater Management and Erosion and Sediment Control, and shall be subject to approval by the City Engineer. The applicant must provide runoff calculations for the parking area for a two-year storm event and must calculate the appropriate pipe sizes and additional collection devices necessary to carry the water to the public stormwater system. When conditions warrant, the City Engineer may require installation of a sump in the last structure in a parking area runoff collection system prior to the delivery of stormwater to a public stormwater facility. Installation, maintenance and repair of any pipe delivering stormwater to a public stormwater facility shall be the responsibility of the property owner. Such installation, maintenance and repair within a public right-of-way shall only be performed with the written permission of the City Engineer. (5) Maintenance. The landscaping or other elements used to comply with § 325-20F shall be maintained, replaced or pruned as required to fulfill this section's standards, including provision of the required screening and compatibility with the surrounding residential neighborhood. G. Parking areas on lots in nonresidential zoning districts. Plans complying with the requirements of this section shall be submitted for any employee, customer and/or public parking area on a lot in a nonresidential zoning district, or for a residential parking area with the capacity for three or more cars on a lot in a nonresidential zoning district, for the required building permit. Plans submitted must include a site plan drawn to scale with all existing and proposed parking areas, associated maneuvering areas and driveways clearly indicated and dimensioned, and must indicate required screening, ground slope and drainage provisions. The plans shall conform to the following regulations and standards, in addition to all other applicable portions of § 325-20: (1) Access. The portion of access drives extending from the street to the sidewalk, or to the property line, if no sidewalk exists, must be hard-surfaced with concrete, brick, asphalt or other approved material as required by the City Engineer. Drives must be at least 10 feet wide and have clear visibility to the street. Edges of access drives shall be readily visible, and divisions between lanes on multilane access drives shall be marked. (2) Drainage. Surface or runoff water must be collected and transmitted or piped to the nearest storm sewer or, if a storm sewer is not available, then through underground piping to the street gutter, or provisions shall be made for stormwater retention or recharge. Stormwater drainage systems, including their connections to public stormwater facilities, shall be in accordance with this Code and with the provisions of Chapter 282, Stormwater Management and Erosion and Sediment Control, and shall be subject to approval by the City Engineer. The applicant must provide runoff calculations for the parking area for a two-year storm event and must calculate the appropriate pipe sizes and additional collection devices necessary to carry the water to the public stormwater system. When conditions warrant, the City Engineer may require installation of a sump in the last structure in a parking area runoff collection system prior to the delivery of stormwater to a public stormwater facility. Installation, maintenance and repair of any pipe delivering stormwater to a public stormwater facility shall be the responsibility of the property owner. Such installation, maintenance and repair within a public right-of-way shall only be performed with the written permission of the City Engineer. (3) Parking areas on nonresidential zoning district lots when such lots are contiguous to residential zoning district lots. A parking area on a nonresidential zoning district lot when such lot is contiguous to a residential zoning district lot shall be screened from the residential zoning district lot by a solid fence or wall at least six feet high, except within 10 feet of the parking area's entrance or exit. Such fence or wall shall be protected by wheel stops that prevent cars from damaging the fence or wall. Such screening is not required where the parking area is screened from the view of the adjoining residential property by a building or other accessory structure located on the same parcel as the parking area. Similarly, such screening is not required where a building or accessory structure without windows or other openings facing the parking area or other such screening device exist on adjoining residential parcels and effectively screen the parking area. However, upon removal of said building, accessory structure or other such screening device by the adjoining property owner, the required screening shall be installed within one year. H. Parking in WEDZ-1 District. Notwithstanding anything contained herein to the contrary, where off-street parking abuts the sidewalk in the WEDZ-1a or WEDZ-1b District, the two areas must be separated by a low wall, with or without plantings, or a planted hedge. The setback of the wall or hedge must meet the fifteen-foot minimum, twenty-foot maximum setback requirement for new buildings. The area of the setback shall include a minimum eight-foot-wide tree lawn, a minimum five-foot-wide sidewalk and an additional two-foot distance between the sidewalk and the wall or hedge. Where a fifteen-foot setback is not feasible, the Planning and Development Board may approve a minimum eleven-foot-wide sidewalk between the curb and the building facade. If parking and sidewalk are separated by a low wall, the wall must be no less than three feet and no greater than four feet high. A hedge planting may be substituted if the planting area is at least four feet wide. The hedge shall be no less than three feet and no greater than four feet high. I. Parking in the Southwest Area. Parking areas are not permitted in the first 100 feet measured from the nearest curb of a public street, unless the minimum setback requirements for the Southwest Area Zoning District have been met in accordance with § 325-29.2B(1) through (3). J. Parking for the U-1 Zoning District. (1) For the purpose of this section, "main campus" shall be defined as the area outlined on the map entitled "Main Campus Parking Inventory, Cornell University Planning Office, March 2006," or on any updated map as provided for in § 325-20J(7) below, a copy of which map is on file in the Ithaca City Clerk's office. (2) Notwithstanding anything contained herein to the contrary, the overall required parking spaces for the U-1 Zoning District shall be the difference between the basic required number of parking spaces and the number of credited spaces for participation in the Cornell University Transportation Demand Management (TDM) Program. (a) The basic required number of parking spaces shall be calculated using the following ratios derived from the Travers Associates' Ithaca/Cornell Parking Study of February 1998: [1] One parking space for each seven undergraduate students; and [2] One parking space for each two graduate students; and [3] Three parking spaces for each four employees; and [4] One additional parking space for each 25 undergraduate students, graduate students and employees combined. (b) The number of credited parking spaces for participation in the TDM Program shall be calculated using the same ratios derived from the Travers Associates' Study of February 1998, to wit: [1] One credited parking space for each seven participating undergraduate students; and [2] One credited parking space for each two participating graduate students; and [3] Three credited parking spaces for each four participating employees; and [4] One additional credited parking space for each 25 participating undergraduate students, graduate students and employees combined. (3) Only full-time undergraduate and graduate students, full-time employees and the full-time equivalents of each who are assigned to or have their primary place of study or work on the main campus shall be included in the above calculations. For the purpose of this section, "full-time undergraduate and graduate students" are defined as students enrolled in 12 credits or more per semester; "full-time employees" are defined as employees who are Deleted: I employed at least 35 hours per week; and "full-time equivalents" are defined as the number of part-time students or employees whose combined credit enrollment equals 12 credits per semester or whose combined hours of employment totals 35 hours per week. (4) It is the purpose of the requirement in Subsection J(2)(a)[4] and (b)[4] above to account for parking required for visitors, vehicles with handicapped permits, service vehicles, off- street loading, occasional parkers, and other miscellaneous parking demands. (5) Parking spaces need not be specifically designated or used as set forth in Subsection J(2) above so long as the total number of spaces is available. (6) Parking spaces required above may be provided at any place or places located on the main campus or any other locations within Tompkins County which are owned, rented or otherwise utilized for parking purposes by the institution or its affiliated institutions, without regard to municipal boundary. To be so counted, any parking spaces located outside the main campus must be utilized for parking by persons who are going to the main campus and must be connected by bus service to, or be within a reasonable walking distance of, the main campus. Any spaces located outside the main campus shall not be considered to satisfy the parking requirements established herein if they are being counted to satisfy the parking requirements of any other section of this chapter, or the parking requirements of any zoning ordinance of any other municipality, for uses other than those located on the main campus. (7) Parking spaces on the main campus shall be identified on the map, "Main Campus Parking Inventory, Cornell University Planning Office, March 2006." The map shall provide the names of prominent buildings and roads for the sake of geographical reference, and shall provide inventory control numbers for parking areas along with the number of parking spaces in each of the control areas. The Main Campus Parking Inventory map shall be updated every five years following its original date in 2006 and shall be submitted to Director of Zoning Administration by April 15 of the year that an update is required. (8) The parking areas identified on the Main Campus Parking Inventory map shall also be listed on a parking inventory spreadsheet, which shall give the inventory control number and the number of spaces in each control area and shall also provide the total number of parking spaces on the main campus. The spreadsheet shall be updated every year and shall be submitted to Director of Zoning Administration by April 15 of each year. Accompanying the spreadsheet shall be a summary of the parking changes that occurred in the preceding year. (9) If the parking spaces in any given control area are not delineated by striping, then the total number of spaces shall be determined by using the parking space requirements outlined under § 325-20D(4) of the City of Ithaca Parking Ordinance. (10) Every year, by no later than April 15, Cornell University shall submit to Director of Zoning Administration a parking report that shall include: (a) The annual parking inventory spreadsheet and summary; (b) A count of full-time undergraduate and graduate students, full-time employees and the full-time equivalents of each who are enrolled or working at Cornell; and (c) A count of full-time undergraduate and graduate students, full-time employees and the full-time equivalents of each who are enrolled or working at Cornell and who are enrolled in the TDM Program. (11) Whenever 25 or more parking spaces on the main campus have been permanently deleted after the last report to Director of Zoning Administration, Cornell shall provide Director of Deleted: I Deleted: I Deleted: the Building Commissioner Deleted: the Building Commissioner Deleted: C(5) Deleted: the Building Commissioner Deleted: the Building Commissioner Deleted: the Building Commissioner Zoning Administration with a report stating where the spaces were removed as well as provide a statement indicating the total number of parking spaces remaining on the main campus. (12) Upon receipt of this parking report, Director of Zoning Administration shall make a determination of compliance with regard to the requirements of this Subsection I, and shall submit the University's report and her/his determination to the City of Ithaca Planning and Development Board for discussion and comment. Copies of the report and Director of Zoning Administration's determination shall also be provided to the Director of Planning, Town of Ithaca, and the Zoning Officer, Village of Cayuga Heights, for their information. § 325-32. Repair, changes in use, extension or enlargement of nonconforming uses or structures. A. Repair of nonconforming uses or structures. Necessary or desired repair of any nonconforming structure, or of any structure housing a nonconforming use, declared unsafe by proper authority shall be accomplished in accordance with all applicable regulations. B. Changes in nonconforming use. A nonconforming use may be changed only to a use permitted in the district in which it is located. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. C. Extension or enlargement of nonconforming uses or structures. (1) A nonconforming use may not be extended or enlarged within or in association with the structure where it is located, nor may a nonconforming use be extended or enlarged to all or part of a structure or structures not already legally devoted to such use or to other land not already legally devoted to such use, except by means of a use variance granted by the Board of Appeals. (2) A nonconforming structure which is used as permitted, and will continue to be used as permitted, in the district in which it is located, but does not comply with the lot size requirement and/or parking requirements applicable in the district, may not be extended or enlarged except by means of an area variance granted by the Board of Appeals; however, a nonconforming structure may be enlarged without the necessity of obtaining such a variance, provided that: (a) The enlargement does not create a new, greater or additional nonconformity; (b) The enlargement does not increase the occupancy previously permitted for the structure unless the structure is, and will continue to be, a one- or a two-family dwelling; and (c) The property is, and will continue to be, in compliance with the lot size and parking requirements of the district in which it is located. (3) A nonconforming structure which is used as permitted by this Code in the district in which it is located cannot be extended or enlarged by increasing the numbers of unrelated individuals residing within such structures or by increasing the number of dwelling units contained within such structure except by means of an area variance granted by the Board of Zoning Appeals; however, such a nonconforming structure may be extended or enlarged without the necessity of obtaining such a variance if the property, in the enlarged or extended condition, will comply with the parking and the lot size regulations of this chapter for the particular district in which it is located. Deleted: the Building Commissioner Deleted: the Building Commissioner Deleted: minimum Deleted: minimum (4) In all districts any legal nonconforming use or structure existing at the time of enactment of this chapter, as amended, or subsequently constructed in compliance with a variance, shall not be extended or enlarged except in compliance with the regulations of this chapter, as amended for each particular district. Page 4: [1] Deleted Jennifer 2/8/2013 12:21:00 AM and number Page 4: [1] Deleted Jennifer 2/8/2013 12:21:00 AM all Page 4: [2] Deleted Jennifer 2/8/2013 12:22:00 AM the following Page 4: [2] Deleted Jennifer 2/8/2013 12:22:00 AM s: WEDZ-1a, CBD-60, CBD-85, CBD-100, CBD-120, B-1b, and B-2c, WF-1 and WF-2 Page 4: [3] Deleted Jennifer 12/23/2012 3:42:00 PM required Page 4: [3] Deleted Jennifer 12/23/2012 3:49:00 PM shall Page 4: [4] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Use1 Page 4: [4] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Spaces Required2 Page 4: [5] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Adult day-care home or group adult day-care facility Page 4: [5] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 for client use, plus 1 per 2 supervisory staff or employees not residing on the premises Page 4: [6] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Dormitory Page 4: [6] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 4 persons housed Page 4: [7] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Dwelling unit Page 4: [7] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 3 bedrooms or sleeping rooms, plus 1 per 2 additional bedrooms or sleeping rooms, plus 1 per additional bedroom or sleeping room in excess of 5 such rooms Page 4: [8] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Fraternity, sorority or group house Page 4: [8] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 2 persons housed Page 4: [9] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Rooming or boarding house Page 4: [9] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 3 sleeping rooms Page 4: [10] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Auditorium or theater Page 4: [10] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 5 seats Page 4: [11] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Bar, tavern or restaurant Page 4: [11] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 50 square feet of net floor area of the assembly space Page 4: [12] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Bed-and-breakfast home or bed-and-breakfast inn Page 4: [12] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per guest room1,3 Page 4: [13] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Bowling alley Page 4: [13] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 2 per bowling lane Page 4: [14] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Church, funeral home or mortuary Page 4: [14] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 10 seating spaces Page 4: [15] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Fitness center or health club Page 4: [15] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 5 persons allowed as determined by the maximum occupancy load Page 4: [16] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Home occupation requiring special permit Page 4: [16] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 space3 Page 4: [17] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Hospital or nursing or convalescent home Page 4: [17] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 5 patient beds Page 4: [18] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Hotel or motel Page 4: [18] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per guest room Page 4: [19] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Medical or dental office Page 4: [19] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 250 square feet of net assignable floor area Page 4: [20] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Nursery school, child day-care center or private elementary or secondary school Page 4: [20] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 2 employees plus 1 per 15 pupils enrolled Page 4: [21] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Office or bank Page 4: [21] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 250 square feet of net assignable floor area Page 4: [22] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Retail store or neighborhood commercial facility Page 4: [22] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 500 square feet of net assignable floor area Page 4: [23] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Wholesale or industry Page 4: [23] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 2 employees on maximum work shift Page 4: [24] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Boat launch Page 4: [24] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 8 per ramp4 Page 4: [25] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Boat storage or repair Page 4: [25] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 2 employees on maximum shift Page 4: [26] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Boatel Page 4: [26] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 2 sleeping rooms Page 4: [27] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Marina Page 4: [27] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 4 berths Page 4: [28] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Yacht club Page 4: [28] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 4 member families Page 4: [29] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM Human service agencies and centers Page 4: [29] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 per 250 square feet of floor area Page 4: [30] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 1 Page 4: [30] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM In the case of mixed use of a building or property, the space requirements shall be computed for each use, and the total requirements for all uses shall be provided in accordance with this section. Page 4: [31] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM 2 Page 4: [31] Deleted Jennifer Dotson 2/7/2013 6:29:00 PM See also the District Regulations Chart Editor's Note: A copy of the District Regulations Chart is on file in the City Clerk's office. for districts in which off-street parking is not required. Page 5: [32] Deleted Jennifer Dotson 2/7/2013 6:30:00 PM (e) Enclosed parking spaces that meet the minimum parking space size requirements shall be counted toward meeting the required allowed number of parking spaces. (f) Counting of end-to-end parking spaces. When determining the number of off- street parking spaces provided to fulfill the number of off-street parking spaces required for a use, no more than one pair of end-to-end parking spaces shall be counted, unless all spaces have adequate maneuvering space or direct street access. This is not to prevent the use of a parking area for more than a single pair of end-to-end parking spaces if conditions warrant. (g) Shared parking. In a case where two or more establishments on the same lot, or on lots meeting the distance requirements found in § 325-20D(4)(d) of this section, have substantially different operating times, the Building Commissioner Director of Zoning Administration(or, in the case of a project subject to site development plan review, the Planning and Development Board) may approveshall, in consultation with the Superintendent of Public Works, reasonably estimate the joint use of parking spaces, provided that the Building CommissionerDirector of Zoning Administration or the Board finds that the intent of the requirements of § 325-20 is fulfilled by reason of lack of variation in the probable time of maximum use by patrons and employees among such establishments Page 5: [33] Deleted Jennifer 12/23/2012 4:05:00 PM (4) Location requirements; off-street parking areas. All required parking spaces provided pursuant to this section shall be on the same lot as the building, use or activity that they serve, or may be located off site on another lot or parcel other than the lot or parcel on which the use is located or conducted, provided that such off- site parking meets the distance and use district limitations as established below, is not located in an R-1 or R-2 zoning district, and receives a special permit pursuant to Article III. (a) The lot or parcel containing the off-site parking area must be connected to and accessible by vehicular traffic from a public street. Off-site parking cannot also be counted toward compliance with the parking requirement for any other use except for those uses for which the Building Commissioner has determined that shared parking is appropriate, as provided for in § 325-20D(3)(g). (b) Use district. An off-site parking area must be located on a lot or parcel located in the zoning district in which the use which requires the off-street parking is also a permitted use as a matter of right. Any off-site parking which is required for compliance with the parking requirement for a use which is permitted by use variance from the district regulations must also obtain a use variance for the off- site parking area; in these instances the notice requirements of this chapter shall apply to all lots involved. The notice requirements of this chapter shall apply to all lots if a use variance is required. (c) Pedestrianway required. A pedestrianway, which in this case may be private or public, must connect the lots or parcels of both the use and the off-site parking area. The pedestrianway must meet the standards of a public sidewalk or as otherwise approved by the Board of Public Works. (d) Distance from use. The distance from the lot or parcel containing the off-site parking area and the lot or parcel containing the use which requires the off-site parking shall be measured from parcel to parcel following and along the pedestrianway that connects the off-site parking area to the use. Except where no public sidewalk exists or where no crosswalks or corner-curb aprons exist within 125 feet of the lot or parcel which requires the off-site parking, pedestrianways that cross a public street shall be measured in a way that only crosses such streets at crosswalks or corner-curb aprons. The maximum distances of the pedestrianway shall vary by use and shall be no longer than as follows: [1] For mercantile uses, off-site parking lots or parcels must be within 250 feet of the lot or parcel on which the use is conducted. [2] For all other uses, off-site parking lots or parcels must be within 500 feet of the lot or parcel on which the use is conducted. (e) All land which is used to provide off-site parking must be restricted to that use only, for as long as the building is occupied by the use which requires off-street parking or until substitute parking, approved by the Building Commissioner, is provided. Evidence of such off-site parking shall be provided in the form of a recorded covenant, long-term lease or comparable document that is approved by the Building Commissioner.