A.

Within Downtown Louisville, at the time of any building construction, expansion or modification that creates additional floor area, off-street parking spaces shall be provided at a ratio of one parking space per 500 square feet of all nonresidential new floor area rounded to nearest 500 square feet. Where residential square footage is proposed, the parking requirements in the following table will be used:

Notes to Table 1:

1.

Off-street parking spaces located in an enclosed parking garage, including those in an accessory residential garage shall not be counted toward the maximum amount of spaces permitted.

2.

On-street parking spaces abutting the property line(s) of the primary building housing the use may be counted toward the required number of residential guest parking spaces.

B.

The area measured for purposes of this section shall include the area within the outside walls of a building or portion thereof including habitable tenant houses and attic space, but not including vent shafts, courts, uninhabitable areas below ground level or in attics, or areas within hallways, stairways, elevator shafts and bathrooms. Additionally, the area measured with respect to a restaurant use shall not include floor area designed primarily for use by service and food preparation staff.

C.

If parking space has been provided in connection with existing floor area or is added in connection with existing floor area, the existing parking space shall not be eliminated if elimination would result in less space for the existing floor area than the ratio set forth in subsection A of this section. Therefore, existing parking may be credited to the parking requirement of subsection A of this section only if the existing parking space exceeds a ratio of one parking space per 400 square feet of existing floor area. If the use of a freestanding building occupied solely by a restaurant is changed in whole or part to another use, parking for the floor area changed in use shall be calculated and provided as set forth in this section.

D.

In addition to the criteria set forth in section 17.20.080 and, when applicable, section 17.28.110, the city council may waive or modify the parking requirements applicable to Downtown Louisville when the applicant has demonstrated that by alternative methods acceptable to the city council adequate parking space is and will remain available for the proposed construction, expansion or modification, even though the alternative method by which the parking space is provided does not otherwise comply with all requirements of this chapter.

E.

The requirements of this section shall take effect June 7, 1999, and shall apply to all new construction, expansion or modification projects within Downtown Louisville for which a building permit has not been issued as of such date. However, if a PUD was approved and recorded before June 7, 1999, for a property within Downtown Louisville, then building permits may be issued for development of the approved and recorded PUD until October 31, 2002, irrespective of whether the PUD is in compliance with the requirements of this section. If no building permit has been issued on or before October 31, 2002, for such an approved and recorded PUD, then the requirements of this section shall apply and shall be met prior to the issuance of any building permits. This section may also be applied as part of any amendment to such an approved and recorded PUD.

F.

The requirements of this section shall not apply to the first 999 square feet of new floor area created after June 24, 2002. This exemption shall be applied on a cumulative basis to each property within Downtown Louisville, and 999 square feet shall be the total exemption for any and all construction, expansion or modification projects to the property, whenever occurring. Floor area for purposes of this exemption shall be as measured pursuant to subsection B of this section. This subsection F shall not require any adjustment or refund of parking space or parking improvement fees previously required or paid. Additionally, this section shall not apply to the erection or enlargement of any parking structure.

G.

The parking requirement set forth in this section may be satisfied in whole or part by the payment of a nonrefundable parking improvement fee in lieu of the provision of off-street parking space. The parking improvement fee shall be as established by resolution of the city council. The parking improvement fee shall be due and payable in full at the time that the first building permit is issued for the construction, expansion or modification that creates additional floor area, and in no event later than the time a certificate of occupancy is issued for the building or use subject to this section. Parking improvement fees shall be paid into the Downtown Parking Improvement Fund established in Chapter 3.16 of this Code. Paid parking improvement fees shall not be subject to refund or adjustment in the event of any change of use, or for any other reason.

H.

The amount of the parking improvement fee set forth in this section is designed and intended to reasonably relate to the needs created or contributed to by development within Downtown Louisville that does not provide off-street parking space as part of such development.

(Ord. No. 1287-1998, § 4; Ord. No. 1341-2000, §§ 1, 2, 10-3-2000; Ord. No. 1376-2002, §§ 1—3, 5-21-2002; Ord. No. 1577-2010, § 2, 8-3-2010; Ord. No. 1594-2011, § 34, 6-7-2011)