§ 9.102. Applications of and exemptions from parking.

A.

Additions and change of occupancy. The standards for providing on-site parking shall apply at the time of the erection of any main building or when on-site parking is established. These standards shall also be complied with when an existing building is altered or enlarged by the addition of dwelling units or guest rooms or where the use is intensified by a change of occupancy or by the addition of floor area, seating capacity, or seats.

B.

Required parking must be maintained. Required on-site parking spaces shall be maintained so long as the main building or use remains.

C.

Nonconforming parking. Where vehicle parking space is provided and maintained in connection with a main building or use at the time this ordinance became effective and is insufficient to meet the requirements for the use with which it is associated, or where no such parking has been provided, then said building or structure may be enlarged or extended only if vehicle parking spaces are provided for said enlargement, extension or addition, to the standards set forth in the district regulations. No existing parking may be counted as meeting this requirement unless it exceeds the requirements for the original building and then only that excess portion may be counted.

Any commercial property which provides sufficient parking spaces to supply at least fifty (50) percent of the requirement for the property and which is destroyed by fire, hurricane, flood, or other act of God, may be restored to its original use and building outline, provided the floor area is not increased, without conforming to the parking requirements of this ordinance.

D.

Building permits. No building permit shall be issued until parking requirements have been satisfied. Off-street parking required by this Zoning Ordinance shall not be located within the right-of-way of a street or alley.

E.

Counting flexible units. Whenever a residential building is designed so that it can be used for separate apartments or guest rooms under the City of Scottsdale Building Code, the vehicle parking requirements shall be based upon the highest possible number of dwelling units or guest rooms obtainable from any such arrangement.

F.

Application to multiple tenant developments. Where there is a combination of uses, the minimum required number of on-site parking spaces shall be the sum of the requirements of the individual uses, unless otherwise considered a mixed use development, mixed use commercial center, or as provided per Section 9.104.E. and F. If, in the opinion of the Zoning Administrator, the uses would not be operated simultaneously, the number of vehicle parking spaces shall be determined by the use with the highest parking demand.

G.

Free parking in the Downtown Area. Required parking for developments within the Downtown Area shall be provided at no cost to the patrons, employees, residents, or their guests of the development. If the required parking of a development, which the required parking is on the same site as the development, is only available through the use of a valet services, the valet service shall be provided at no cost to the user.

H.

Prohibited uses of parking areas.

1.

Parking of more than 5 vehicles on any unimproved lot is prohibited, except when used for special events parking. An improved lot shall mean 1 that fulfills the requirements of Section 9.103.

2.

Parking or display of vehicles other than in designated and improved areas shall be prohibited.

3.

Required parking spaces shall not be used for product display or advertising.

(Ord. No. 2736, § 1, 3-7-95; Ord. No. 3896, § 1(Exh. § 6), 6-8-10; Ord. No. 3920, § 1(Exh. § 103), 11-9-10; Ord. No. 3980, § 1(Res. 8895, § 1, Exh. A, § 45), 12-6-11; Ord. No. 4117, § 1(Res. No. 9563, Exh. A, § 95), 11-19-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 245), 5-6-14; Ord. No. 4265, § 1, 6-21-16)