22.2.E Grandfathered Deficiency of Required Vehicle Parking

1.  In order to encourage the reuse of existing structures, this Ordinance allows for the grandfathered deficiency of vehicle parking spaces of the immediate previous legal use. The Department of Safety and Permits is required to maintain records of all grandfathered vehicle parking. A property owner is required to show documentation from the Department of Safety and Permits of the grandfathered vehicle spaces.

2.  For illustrative purposes, the following example is provided. If the immediate previous legal use required ten (10) vehicle parking spaces but was only able to provide four (4) vehicle spaces, the six (6) vehicle spaces that the use was unable to provide are grandfathered with the site. When a new use is undertaken in the structure that requires twelve (12) vehicle spaces, it will be deficient eight (8) vehicle spaces, as four (4) are already constructed on the site. The six (6) deficient vehicle spaces from the previous use are then applied to this eight (8) vehicle space deficiency, meaning that the new user shall provide two (2) more vehicle parking spaces or apply for a variance if unable to provide the additional vehicle spaces. See calculation below for further illustration of this example:

SAMPLE CALCULATION OF GRANFATHERED PARKING PROVISION

3.  Once a structure has been demolished, the new construction and use on the site shall meet all parking and loading requirements and the grandfathered deficiency provision is no longer applicable.