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Wayne City Zoning Code

CHAPTER 1220

Parking & Circulation

1220.01 APPLICATION.

   (a)   Parking Required. The off-street parking requirements of this chapter must be met when one or more of the following occurs:
      (1)   Construction of any new building or structure.
      (2)   Commencement of any special land use.
      (3)   Any addition or alteration to a building or structure which requires additional parking.
      (4)   Construction of a lot for outdoor storage and/or an off-site parking lot (ex: religious institution parking accessory parking lot).
   (b)   Uses Not Listed. For uses not specifically listed in Section 1220.06 , the parking standard for that type of use from the Institute of Transportation Engineers (ITE) applies. Where no default parking standard is offered by ITE, the Director of Planning and Economic Development may apply a standard for a similarly determined use listed in the Zoning Code.
   (c)   Uses Meeting More Than One Category. Where more than one use is present in a building or on a site, the various components of the use must comply with the parking requirements applicable to each component. The applicant must provide information regarding the floor area, employees, or other relevant information about each use to allow the City to determine the minimum parking requirements for the building or site. The shared parking provisions of Section 1220.06 may be applied if applicable.
   (d)   Permit Required. No parking lot may be constructed until a permit is issued by the Department of Building and Engineering. Applications for a permit must be accompanied with two sets of site plans upon final approval for the development and construction of the parking lot, showing that the provisions of this chapter will be fully complied with.
   (e)   Wayne County Approval. All paved surfaces must meet the requirements of the Wayne County Stormwater Ordinance.
(Ord. 2023-01. Passed 2-7-23.)

1220.02 GENERAL STANDARDS.

   The following standards apply to all off-street parking areas, unless otherwise provided for:
   (a)   Parking must be located on the same lot of the building it serves, unless certain circumstances are met, as follows:
      (1)   Public parking lots. Businesses may use public parking lots to count towards their required parking when adjacent to their site (this includes parking lots that are separated by an alley).
      (2)   Residential. Parking facilities accessory to dwelling units must be on the same zoning lot as the use served. Spaces accessory to uses other than dwellings (such as religious institutions) may be located on a lot adjacent to or directly across a street or alley from the lot occupied by the use served, but in no case greater than 300-feet radius from such lot (measured from property line to property line).
      (3)   Non-residential. Parking facilities accessory to non-residential uses may be located on other than the same zoning lot as the use served (off-site). All required parking spaces must be within 500-feet of such lot. No parking spaces accessory to a use in a business or industrial district may be located in a residential district, unless authorized by the Planning Commission.
      (4)   Agreement. A written agreement must be drawn to the satisfaction of the City Attorney and executed by all parties concerned, assuring the continued availability of the off-site parking facilities for the use they are intended to serve.
   (b)   Parking must be located within a rear yard or within a non-required side yard and is prohibited within a front yard.
   (c)   Off-street parking existing at the effective date of this Zoning Code, in connection with the operation of an existing building/use, does not need to be reduced to an amount less than required for a similar new building/use.
   (d)   Parking must be for the use of occupants, employees, visitors, and patrons and is limited in use to motor vehicles. The storage of merchandise or motor vehicles for sale and the repair of vehicles is prohibited.
   (e)   Where a parking lot is contiguous to or across the street from a residential district, a ten-foot landscaped yard is required.
   (f)   Where permitted, any outdoor display areas for ancillary sales of products such as, vehicles or merchandise, must be provided in a specific area designated on the site plan and may not block parking spaces or interfere with site circulation of automobiles or pedestrians.
   (g)   Residential Parking.
      (1)   Parking may consist of a parking bay, driveway, garage, or combination thereof that consists of asphalt or concrete. Driveways cannot be wider than three-feet on either side of the opening of the garage door(s).
      (2)   Driveways must be setback a minimum of two-feet off any side or rear property line.
      (3)   Parking is prohibited on lawn areas.
      (4)   The parking or storage of commercially licensed motor vehicles is not permitted in the following cases if such parking or storage exceeds a one-hour period of time. This subsection does not apply to the lawful and expeditious loading, unloading, delivery or pick-up of materials, goods, merchandise, or persons.
         A.   The parking or storage of commercially licensed motor vehicles, including, but not limited to: semi-trailers, semi-trucks, and tow trucks.
         B.   The parking or storage of commercially licensed motor vehicles used to transport persons for hire, including, but not limited to, taxicabs, limousines, hearses, and buses.
         C.   The parking or storage of commercially licensed motor vehicles which weigh over 6,000 pounds when empty but fully equipped for service.
(Ord. 2023-01. Passed 2-7-23.)

1220.03 REQUIRED OFF-STREET PARKING SPACES.

   (a)   The minimum number of off-street parking spaces is determined in accordance with the following table in subsection (d) hereof.
   (b)   To compute the number of parking spaces required, the definition of usable floor area (UFA) governs: that area used for, or intended to be used for, the sale of merchandise or service or to serve patrons, clients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise or for hallways, utilities, or sanitary facilities, is excluded from this computation. Measurement of usable floor area is the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.
   (c)   Any fraction up to and including one-half is rounded down; any fraction greater than one-half is rounded up.
   (d)   Required off-street parking spaces are as follows:
Residential Uses
Minimum Number of Parking Spaces per Unit of Measure
Adult Foster Care Facility
0.5 per bedroom, plus 1 per employee on the largest working shift
Child Care Home
1 per employee in the largest working shift, plus 1 per 10 persons cared for at any one time, plus stacking spaces for 5 vehicles
Economic Efficiency Dwelling (EED) Unit
1 per dwelling unit
Foster Care Home
2 per dwelling unit, plus 1 per employee in the largest working shift
Multiple-Family Dwelling Unit
1.5 per dwelling unit
One-Family Dwellings Units (including Manufactured Homes)
2 per dwelling unit
Residential Maintenance / Management Facilities
1 per employee on largest working shift
Senior Living, Assisted
1 per 4 residents, plus 1 per employee on largest working shift
Senior Living, Independent
1 per dwelling unit, plus 1 per employee on largest working shift
Two-Family Dwelling Units
2 per dwelling unit
Upper-Level Residential Dwelling Units
1 per dwelling unit
Public / Quasi Public / Recreational Uses
Minimum Number of Parking Spaces per Unit of Measure
Golf Course/Country Club
3 per hole, plus 1 per 3 persons of total capacity where dining facilities are included
Government Facility
1 per 250 sq. ft. of UFA
Indoor Recreation (private/public)
1 per 200 sq. ft. of UFA
Industrial Trade School
1 per 50 sq. ft. of classrooms, labs, or other instructional floor area, plus 1 per 250 sq. ft. of office or administrative floor area
Outdoor Recreation (private/public)
2 per acre
Public Institution
1 per 350 sq. ft. of UFA
Religious Institution
1 per 3 seats in the main assembly area
School, K-12
1 per teacher, employee, or administrator, plus one per 3 students (only where students are 16 years or older)
School, Secondary
1 per 50 sq. ft. of classrooms, labs, or other instructional floor area, plus 1 per 250 sq. ft. of office or administrative floor area
Commercial Uses
Minimum Number of Parking Spaces per Unit of Measure
Artisan/Maker Space
1 per employee on the largest working shift
Assembly/Banquet Hall
1 per 3 seats
Bar
1 per 2 persons allowed within the maximum occupancy as established by local, county or state fire, building or health codes, or 1 per 30 sq. ft. of UFA, whichever is greater
Body Art/Tattoo Shop
1 per body art/tattoo station, plus 1 per employee on the largest working shift
Child Care Center
1 per 250 sq. ft. of UFA
Community Incubator Kitchen
1 per employee on the largest working shift
Drive-Thru
1 per 2 seats, plus 1 per employee on the largest shift, plus 10 stacking spaces which do not conflict with access to required parking spaces per order window
Financial Institution
1 per 400 sq. ft. of UFA
Funeral Home
1 per 50 sq. ft. of UFA in the parlors or individual funeral service rooms
Gas Station
1 per fueling pump
Gun Range
1 per 3 dedicated practice areas
Hookah/Cigar/Vape Lounge
1 per 2 seats, plus 1 per employee on the largest shift
Hospital
1 per 3 beds, plus 1 per 3 employees on the largest working shift
Hotel/Motel
1 per guest room, plus 1 per employee on the largest working shift
Landscape Nursery/Greenhouse
1 per 500 sq. ft. of retail space
Laundry/Dry Cleaner
1 per 2 washing or drying machines
Marihuana Retailer
1 per 150 sq. ft. of UFA
Massage Establishments
1 per 150 sq. ft. of UFA
Medical Office
1 per 200 sq. ft. of UFA, plus 1 per employee on the largest working shift
Microbrewery / Distillery / Winery
1 per 300 sq. ft. of UFA
Outdoor Dining
1 per 4 outside patio seats
Outdoor Sales
1 per 500 sq. ft. of land area utilized for sales, plus 1 per employee on the largest working shift
Pawn Shop
1 per 150 sq. ft. of UFA
Personal Service Establishments
1 per 500 sq. ft. of UFA
Pet Grooming
1 per pet grooming station, plus 1 per employee on the largest working shift
Pet Kennels / Day Boarding
1 per 4 stalls
Printing Production
1 per 800 sq. ft. of UFA
Professional Offices
1 per 200 sq. ft. of UFA, plus 1 per employee on the largest working shift
Restaurants, Full-Service
1 per 2 seats, plus 1 per employee on the largest working shift
Restaurants / Caf s, Take-Away
1 per 100 sq. ft. of UFA
Retail Sales
1 per 150 sq. ft. of UFA
Secondhand Store
1 per 150 sq. ft. of UFA
Studios (Dance, Art, Photography, etc.)
1 per 150 sq. ft. of UFA
Theaters / Entertainment Venues
1 per 6 seats
Vehicle Repair Shops
1 per 500 sq. ft. of UFA
Vehicle Sales
1 per 200 sq. ft. of UFA of interior sales room and 2 per auto service stall in the service room
Vehicle Wash Facility
1 per employee on the largest work shift, plus stacking for 5 vehicles per car wash lane, plus 2 parking spaces for each washing stall
Veterinary Clinic
1 per 150 sq. ft. of UFA
Concrete / Asphalt Plant
1 per 3,000 sq. ft. of UFA
Construction / Farm Equipment Sales and/or Repair
1 per 3,000 sq. ft. of UFA, and 1 per 500 sq. ft. of land area being utilized for sales, plus 1 space per employee on the largest working shift
Data Processing / Computer Centers
1 per 400 sq. ft. of UFA
General Industrial Facilities
1 per 1,000 sq. ft. of UFA
Junkyard
1 per employee on the largest working shift
Lumber / Building Material Yard
1 per 1,000 sq. ft. of UFA, plus 1 per employee on the largest working shift
Manufacturing Facility (small)
1 per employee on the largest working shift
Packaging and Distribution
5 spaces, plus 1 per 1,500 sq. ft. of UFA, plus 1 per 350 sq. ft. of office, sales, or similar space, plus 1 per truck or company vehicle operating from the premises
Recycling Stations
1 per employee on the largest working shift
Self-Storage Facilities
1 per 1,000 sq. ft. of UFA
Testing / Experimental / Research Facilities
1 per employee on the largest working shift
Transportation / Logistics
5 spaces, plus 1 per 1,500 sq. ft. of UFA, plus 1 per 350 sq. ft. of UFA for offices, sales, or similar spaces
Warehousing
1 per employee on the largest working shift
Wholesale
1 per 3,000 sq. ft. of UFA
 
(Ord. 2023-01. Passed 2-7-23.)

1220.04 BARRIER-FREE PARKING.

   (a)   Each parking lot that serves a building, except one- and two-family dwelling units, must provide parking that meets the requirements for barrier-free access. A barrier-free route of travel from accessible parking spaces to the nearest barrier-free building approach must be provided.
   (b)   A minimum number of barrier-free spaces is required, as described in the table below:
Total Number of Provided Off-Street Parking Spaces
Total Min. Number of Barrier-Free
Spaces Required
Min. Number of Spaces that must be Sized for Van-Accessible
Total Number of Provided Off-Street Parking Spaces
Total Min. Number of Barrier-Free
Spaces Required
Min. Number of Spaces that must be Sized for Van-Accessible
Up to 25
1 total
At least 1
26 to 50
2 total
At least 1
51 to 75
3 total
At least 1
76 to 100
4 total
At least 1
101 to 150
5 total
At least 1
151 to 200
6 total
At least 1
201 to 300
7 total
At least 1
301 to 400
8 total
At least 1
401 to 500
9 total
At least 2
501 to 1,000
2% of total parking provided
At least 1/6 of total barrier-free spaces
1,001 and greater
20, plus 1 for each 100 over 1,000
At least 1/6 of total barrier-free spaces
 
   (C)   The minimum dimensions for barrier-free spaces are:
 
(Ord. 2023-01. Passed 2-7-23.)

1220.05 MAXIMUM PARKING.

   (a)   To minimize excessive areas of pavement which negatively impact aesthetic standards and contribute to high volumes of stormwater runoff, the maximum amount of required off-street parking permitted for any use cannot exceed 130 percent of the minimum parking requirements of Section 1220.03. This does not apply to one- or two-family dwelling units or for the approved storage of vehicles for auto repair, sales, and storage and distribution.
   (b)   The Planning Commission may permit additional parking over and above the maximum parking limit based on documented evidence indicating that the maximum parking permitted will not be sufficient to accommodate the use on a typical day.
(Ord. 2023-01. Passed 2-7-23.)

1220.06 SHARED PARKING.

   Private parking facilities may be shared by multiple uses whose activities are not normally conducted during the same hours, or when hours of peak use vary. The applicant has the burden of proof in requesting a reduction in the total number of required off-street parking spaces.
   (a)   Standards.
      (1)   Evidence must be submitted that demonstrates the shared parking will not result in inadequate parking. Applicants must submit a parking study that provides an analysis of available and used parking spaces based on parking counts taken at certain time intervals and days to verify parking usage patterns. No reduction in the number of spaces reserved for persons with disabilities is permitted. The parking study must include, but is not limited to:
         A.   The type and hours of operation and parking demand for each land use.
         B.   A site plan displaying shared use spaces in the lot and walking distance to the uses sharing the lot.
         C.   A description of the character of land use and parking patterns of adjacent land uses.
         D.   An estimate of anticipated turnover in parking space use over the course of twelve- to twenty-four-hours at the site.
      (2)   Distance and access from the use/structure:
         A.   Shared parking facilities cannot be located further than 300-feet from any structure or use served. In the case of the SF or MU Districts, this distance may be increased to 500-feet. The distance between the use and the parking facility is measured following a reasonable and safe walking route from the main entrance of the use to the nearest parking lot.
         B.   Users sharing a parking facility must provide for safe, convenient walking between land uses and parking, including safe, well-marked pedestrian crossings, signage, and adequate lighting. Pedestrian paths must be as direct and short as possible, without compromising safety. A pedestrian circulation plan that shows connections and walkways between the parking facilities and subject uses must be provided.
         C.   Shared parking areas must be paved and properly striped. Details regarding the maintenance of the shared parking areas, including snow removal, must be provided within the shared parking agreement.
         D.   Signage to direct drivers to the most convenient parking areas for each use must be provided, if found necessary by the Planning Commission to improve safety.
   (b)   Change in Use. Should any of the shared parking uses be changed, or should the Planning Department find that any of the conditions described in the approved shared parking study or agreement no longer exist, or if insufficient parking is an issue due to complaints, the property owner must have the option of submitting a revised shared parking study and an amended shared parking agreement in accordance with the standards of this subsection or of providing the number of spaces required for each use as if computed separately. If the Planning Department determines that the revised shared parking study or agreement does not satisfy the off-street parking needs of the proposed uses, the shared parking request may be denied, and no certificates of occupancy issued until the full number of off-street parking spaces are provided.
   (c)   Written Agreement. Prior to the use being initiated, a written agreement must be reviewed by the City Attorney and executed by the property owner to assure the continued availability of the shared parking spaces for the life of the development. The agreement must include, at a minimum:
      (1)   List the names and ownership interest of all parties to the agreement and contain the signatures of those parties.
      (2)   Provide a legal description of the land upon which the parking area(s) and building(s) appurtenant to the parking areas are located.
(Ord. 2023-01. Passed 2-7-23.)

1220.07 PARKING LOT LAYOUT AND DESIGN.

   Off-street parking lots must be laid out, constructed, and maintained as follows:
   (a)   Parking facilities must be in accord with the following dimensions:
 
 
Parking Pattern
Maneuvering Lane Width
Parking Space Width
Parking Space Length
Total Width of 1 Tier of Spaces and Maneuvering Lane
Total Width of 2 Tiers of Spaces and Maneuvering Lane
Parallel
12 feet
9 feet
23 feet
21 feet
30 feet
35° – 50°
15 feet
9 feet
19 feet
34 feet
57 feet
51° – 74°
15 feet
9 feet
19 feet
34 feet
60 feet
75° – 90°
24 feet
9 feet
19 feet
43 feet
62 feet
 
   (b)   All maneuvering lane widths permit one-way traffic movement, except that the 90° pattern may permit two-way movement.
   (c)   All spaces must be provided adequate access by means of maneuvering lanes; backing directly onto a street is prohibited.
   (d)   Parking aisles cannot exceed 300-feet without a break in circulation.
   (e)   Appropriate signage and striping must be included within all parking lots. Designating the traffic flow at all entrances and exits (i.e., directional arrows) may be required by the Planning Commission if traffic safety is a concern.
   (f)   Bumper stops, wheel chocks or curbs must be provided and so located as to prevent a vehicle from projecting into any required front yard space, and to prevent a vehicle from touching any required wall or fence, extending beyond the property line or extending into landscaped areas and/or pedestrian ways.
   (g)   A wall must be provided on all sides of an off-street parking area abutting or adjacent to a residential district. Where a wall extends to an alley which is a means of ingress and egress to an off-street parking area, the wall may end not more than ten-feet from such alley line in order to permit a wider means of access to the parking area.
      (1)   The masonry wall cannot be less than six-feet in height (measured from the surface of the parking lot) and must consist of either stone, brick, stamped concrete, or split-faced concrete block.
      (2)   The Planning Commission, upon application by the property owner of the off-street parking area, may waive or modify the wall requirement by approving either an earth berm or evergreen screen (minimum six-feet in height) in its place. The Planning Commission may waive the wall requirement in specific cases where cause can be shown that no good purpose is served by compliance.
   (h)   The parking lot must be graded and adequately drained so as to dispose of all surface water accumulated in the parking area in such a way as to preclude drainage of water onto adjacent property or toward building.
   (i)   The entire parking area, storage area and non-landscaped portion of the lot, including parking spaces and maneuvering lanes, must be provided with asphalt or concrete surfacing.
      (1)   Concrete surfacing consists of four-inches of stone aggregate base (MDOT, 21aa), six-inches of nonreinforced concrete, six sacks, air entrained, twenty- eight-day compressive strength of 3,500 psi minimum.
      (2)   Asphalt surfacing consists of six-inches of aggregate base (MDOT, 21aa), two-inches of bituminous base (MDOT, 1,300l), and one and one-half-inches of wearing course (MDOT, 1,100t minimum).
(Ord. 2023-01. Passed 2-7-23.)

1220.08 LOADING ZONES.

   (a)   In connection with every building, structure, or use hereafter erected (except one- and two-family dwelling units) an off-street loading zone must be provided. A dedicated alley may satisfy the requirement for off-street loading and unload.
   (b)   Loading zones must be a minimum of ten-feet by forty-feet, with a fourteen-foot height clearance.
   (c)   Loading zones cannot back out directly onto a public road.
   (d)   In the case of a mix of uses or a mixed-use building on one developed lot, the total requirements for loading zones is the sum of the various uses computed separately.
   (e)   All loading zones in the IB, Industrial Business, the I1, Light Industrial, and the I2, Heavy Industrial Districts must be located in the rear or interior side yard.
   (f)   Loading zones must be provided as follows:
 
Usable Floor Area (square feet)
Number of Loading Zone(s) Required
0 – 1,000 square feet
None
1,001 – 20,000 square feet
1 loading zone
20,001 – 100,000 square feet
1 loading zone, plus 1 for each 20,000 sq. ft. in excess of 20,001 sq. ft.
100,001 square feet and greater
5 loading zones, or more if needed in the opinion of the Planning Commission
 
   (g)   The Planning Commission may modify or waive the requirement for a loading zone, upon determination that adequate loading space is available to serve the building/use, or that provision of such a loading zone is unnecessary for the use.
(Ord. 2023-01. Passed 2-7-23.)

1220.09 ACCESS MANAGEMENT.

   (a)   Number of Non-residential Driveways. Access must be provided for each site; where feasible, access must be provided via a shared access driveway. One additional driveway may be allowed for properties with a continuous frontage of over 500-feet and one additional driveway for each additional 250-feet of frontage. Uses requiring more than one driveway, detailed elsewhere in this Zoning Code, are subject to those specific standards instead. The Planning Commission may determine additional driveways are justified due to the amount of traffic generated by the use without compromising traffic operations along the street, based upon a traffic impact study submitted by the applicant.
   (b)   Driveway Spacing. Where possible, the minimum spacing between two non-residential driveways on the same side of the road is based upon posted speed limits along the parcel frontage. The minimum spacings indicated below are measured from centerline to centerline.
 
Posted Speed Limit (MPH)
Minimum Spacing Between Driveways
25 MPH
130 feet
30 MPH
185 feet
35 MPH
245 feet
40 MPH
300 feet
45 MPH
350 feet
50+ MPH
455+ feet
 
   (c)   Intersection Setback. Where feasible, the minimum spacing between a proposed non-residential driveway and an intersection must be setback fifty-feet from the right-of-way.
   (d)   Modification of Standards. During the site plan review, the Planning Commission has the authority to modify the standards of this section upon consideration of the following:
      (1)   The standards would prevent reasonable access to the site.
      (2)   Access via a shared driveway or service/frontage road is not possible due to the presence of existing buildings or topographic conditions.
      (3)   Roadway improvements (such as the addition of a traffic signal, center turn lane, or bypass lane) will be made to improve overall traffic operations prior to project completion, or occupancy of the building.
      (4)   The use involves the redesign of an existing development or a new use which will generate less traffic than the previous use.
      (5)   The proposed location and design are supported by the Michigan Department of Transportation (MDOT) or Wayne County as an acceptable design under the existing site conditions. The Planning Commission may also request the applicant provide a traffic impact study to support the requested access design.
      (6)   Where there is a change in use or expansion at a site that does not comply with standards of this Zoning Code, the Planning Commission may determine the amount of upgrade needed in consideration of the existing and expected traffic pattern and the capability to meet the standards of this Zoning Code to the extent practical.
   (e)   Traffic Impact Studies. The City may require a traffic impact study (TIS) for all development proposals that it reviews. The TIS must be submitted by the applicant to determine the potential future traffic conditions on adjacent roadways once a proposed development is finished. The TIS must include a prediction of the peak-hour operational conditions at site driveways and road intersections affected by the development. The results of the TIS may be used in the final design of access points and internal circulation and may identify necessary off-site road improvements. At a minimum, the TIS shall meet standards as published by the Southeast Michigan Council of Governments (SEMCOG) and MDOT in the handbook titled Evaluating Traffic Impact Studies and found acceptable by the City prior to being used.
(Ord. 2023-01. Passed 2-7-23.)

1220.10 MAINTENANCE.

   All parking lots and loading zones must be maintained in accordance with this chapter, an approved site plan, and the following:
   (a)   Alterations to an approved parking lot or loading zone that are not in accordance with an approved site plan are a violation of this Zoning Code.
   (b)   All parking lots, perimeter landscaped areas, and required screening must be kept clean and free from tall grass, weeds, trash, and debris. Surfacing, curbing, lighting fixtures, signage, and related improvements must be kept in good repair.
   (c)   Parking lots and loading zones must be diligently kept clear of snow; up to ten percent of the parking lot may be used for snow deposit.
(Ord. 2023-01. Passed 2-7-23.)

1220.11 WAIVERS.

   Flexibility in the requirements and recommendations is included in recognition that overly large parking lots are a drain on economic vitality, present safety hazards to pedestrians and motorists, and create environmental hazards such as heat islands, stormwater runoff, loss of habitat, and flood hazard.
   (a)   The Planning Commission may modify the numerical requirements for off-street parking if an applicant demonstrates that the required amount of parking spaces is excessive based on the needs of the proposed use, or that the site cannot physically accommodate the required number of parking spaces while also meeting the other standards of this Zoning Code.
   (b)   The Planning Commission may attach conditions to the approval of a modification to the minimum required parking that bind such approval to the specific use in question, including required banked parking for waived parking spaces.
   (c)   Where banked parking is required by the Planning Commission, the following must be met:
      (1)   The site plan must show all required spaces, including waived spaces and note the area where parking is being deferred, including dimensions and parking lot layout and landscaping, and must be set as open space.
      (2)   The property owner must agree in writing to construct some or all of the deferred spaces upon written order of the City.
      (3)   Stormwater calculations must be provided to verify adequate capacity if an expansion is necessary.
(Ord. 2023-01. Passed 2-7-23.)

1220.12 PENALTY.

   Whoever violates this chapter is responsible for a municipal civil infraction for a first offense and fined five hundred dollars ($500.00). Whoever violates this chapter within 180 days of a prior plea, or an adjudicated or defaulted violation of this chapter is guilty of a misdemeanor and subject to the penalty provided in Section 202.99.
(Ord. 2023-01. Passed 2-7-23.)