[Added 1-8-2024 by Ord. No. 2024-06; amended 2-3-2025 by Ord. No. 2025-16]
The off street parking and off street loading provisions of this ordinance shall apply as follows:
A.
Accessory off street parking and off street loading facilities shall be provided as required by the regulations of this section for all buildings and structures. However where a building permit has been issued prior to the effective date of this ordinance, and provided that construction is begun within six months of such effective date and diligently prosecuted to completion, parking and loading facilities in the amounts required for the issuance of said building permit may be provided in lieu of any additional amounts required by this ordinance.
B.
When, in the B-1, B-2, C-1 or MU-1 districts, additional off street parking is required to be provided for a nonresidential use, either because of a change in use, the erection of a new building or addition or an increase of usable floor area for floor areas previously used for storage, utility or similar use, off street parking required herein may be waived if the resulting number of the additional required parking spaces is less than 10. The waiver decision shall be made by the director of code administration. If he determines that the public interest requires review by the Plan, Zoning and Development Commission, he shall remand the matter to the Plan, Zoning and Development Commission for a public hearing before making a decision. Any person, firm or corporation aggrieved by the decision of the director of code administration shall be entitled to appeal to the Village Manager. The appeal must be in writing and must be filed with the Village Clerk within 15 days following the decision of the director of code administration. The waiver of new or additional parking shall, under no circumstances, apply in the case of those dwellings specified at Subsections 1408.06K1b and K1d of this ordinance.
C.
Whenever there occurs a change in an existing use to a restaurant, or there is the erection of a new building for use as a restaurant, or there is an increase of usable floor space area for a restaurant, the off-street parking provisions of this Section 1408 shall not be applicable for any restaurant uses that are located within the B-2 District that fronts on and is adjacent to North Avenue or located within the MU-1 District that includes Conti Parkway.
D.
Whenever there occurs a change in use to a bakery in an existing building of no less than 4,000 square feet, the off-street parking provisions in this Section 1408 shall not be applicable for any such new bakery uses that are to be located within the B-1 Districts that front on and are adjacent to Belmont Avenue.