(a) In general. Where the Buildings, Safety Engineering, and Environmental Department determines that:
(1) A building or use requires no variance or other action under the jurisdiction of the Board of Zoning Appeals, other than the parking deficiency; and
(2) The building or use can provide at least 80 percent of the required off-street parking spaces; then, upon request of the petitioner and in conjunction with the Municipal Parking Department and the Department of Public Works Traffic Engineering Division, the department may grant a waiver of the off-street parking requirements, not exceeding ten parking spaces or 20 percent of the required off-street parking requirement, whichever is less. Such waiver shall not be granted unless, in the judgment of the Buildings, Safety Engineering, and Environmental Department, with the sign-off of the Municipal Parking Department and the Department of Public Works Traffic Engineering Division, the waiver of the parking requirement for the building or use involved is not injurious to the adjacent or surrounding areas by creating or increasing traffic congestion or by disrupting traffic circulation, provided that, in those instances where a building or use is subject to Site Plan Review, the Planning and Development Department has sole authority to consider such waiver.
(b) Traditional Main Street Overlay Areas.
(1) Applicability. In addition to the parking waiver granted for buildings not exceeding 3,000 square feet per Section 50-14-7(3) of this Code, in a Traditional Main Street overlay area, as provided in Section 50-11-382 of this Code, the Planning and Development Department may grant a waiver of the off-street parking requirements for the first 3,000 square feet of pedestrian-oriented retail, service, or commercial uses. The Planning and Development Department shall have authority to consider such waiver, ensuring that the waiver will not be injurious to the adjacent or surrounding areas by creating or increasing traffic congestion or by disrupting traffic circulation.
(2) Eligibility. In order to qualify for the waiver, the following criteria shall be met:
a. The pedestrian-oriented use shall fall into one of the following use categories:
1. Section 50-12-62 of this Code, Food and beverage service;
2. Section 50-12-69 of this Code, Retail sales and service, sales-oriented; and
3. Section 50-12-70 of this Code, Retail sales and service, service-oriented, except motor vehicle sales, motorcycle sales, and any use with drive-up or drive-through facilities.
b. New buildings must comply with all of the requirements in the Traditional Main Street Overlay standards, as specified in Section 50-14-432 through Section 50-14-450 of this Code, except that only the provisions of Section 50-14-153(b)(2)(c)(1) and Section 50-14-153(b)(2)(c)(2) and Section 50-14-153(b)(2)(c)(3) shall apply to the East Warren and West Warren Traditional Main Street Overlay Areas and the portion of the Grand River Traditional Main Street Overlay Area between Greenfield and Woodmont and between Evergreen and Lahser, and to the Van Dyke Street Traditional Main Street Overlay Area.
c. Except for within the East Warren and West Warren Traditional Main Street Overlay Areas and the portion of the Grand River Traditional Main Street Overlay Area between Greenfield and Woodmont, and between Evergreen and Lahser, and to the Van Dyke Street Traditional Main Street Overlay Area, new uses in existing buildings shall be eligible for this waiver only if, at a minimum, the building complies with the following standards from Division 3, Subdivision C, of this article:
1. The front façade of the building is located on the lot line facing the Traditional Main Street or set back a maximum of ten feet, in accordance with the standards in Section 50-14-432 of this Code;
2. The street level façade of the building has a minimum of 60 percent transparency according to Section 50-14-436 of this Code;
3. The building has an active entry way located on the façade facing the Traditional Main Street, according to Section 50-14-439 of this Code.
d. In the case where one building or development contains multiple retail, service, or commercial uses, the total number of spaces that may be waived for a building or development using this waiver shall not exceed 45 spaces.
(c) SD1/SD2 Areas. In addition to the parking waiver granted for buildings under 3,000 square feet per Section 50-14-7(3) of this Code, on properties zoned SD1 or SD2, the Planning and Development Department may grant a waiver of the off-street parking requirements, for the first 3,000 square feet of pedestrian-oriented retail, service, or commercial uses. The Planning and Development Department shall have authority to consider such waiver, ensuring that the waiver will not be injurious to the adjacent or surrounding areas by creating or increasing traffic congestion or by disrupting traffic circulation. In the case where one building or development contains multiple retail, service, or commercial uses, the total number of spaces that may be waived for a building or development using this waiver shall not exceed 45 spaces.
(d) Additional parking reductions and waivers. Additional parking reductions and waivers are set forth in Section 50-14-7 and Section 50-14-163 of this Code.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).