§ 656.603. General provisions.

(a)

Existing use.

(1)

Conforming buildings and uses existing as of September 5, 1969, may be modernized, altered or repaired without providing additional off-street parking or off-street loading facilities if there is no increase in area or capacity.

(2)

Where a conforming building or use existed as of September 5, 1969, and the building or use is enlarged in floor area, volume, capacity or space occupied, off-street parking or off-street loading as specified in the Zoning Code shall be provided for the additional floor area, volume, capacity or space so created or used; provided, however, that all off-street loading or parking spaces actually existing on September 5, 1969, shall be maintained and additional required spaces shall be provided for the enlargement, except where the total of the existing spaces and new spaces exceed the number which are required under the Zoning Code for the existing building or use and the enlargement combined.

(3)

A change in the use of a conforming or nonconforming building or use existing as of September 5, 1969, shall require additional off-street loading requirements which would have been required for the new use had the regulations of the Zoning Code been applicable thereto.

(4)

When the capacity of any existing commercial or accessory surface parking lot is increased in capacity by 35 percent or more, singularly or cumulatively within a five-year period, for any reason, the entire lot must be brought into compliance with all the requirements in the zoning code pertaining to same.

(b)

Nonconforming use. Where enlargement of facilities or extensions of use are proposed to be made in a building occupied by a nonconforming use, no enlargement of facilities or extensions shall be permitted unless and until existing off-street parking or loading is retained and additional off-street parking or loading is provided. The additional off-street parking or loading required shall be in the amount required for the enlargement or extension.

(c)

Plans required. A plan shall be submitted with every application for a building permit for a building or use that is required to provide off-street parking or loading. The plan shall accurately designate the required parking or loading spaces, access aisles and driveways and the relation of the off-street parking or loading facilities to the users of structures these facilities are designed to serve.

(d)

Uses not specifically mentioned. Requirements for off-street parking and loading for uses not specifically mentioned in this Part shall be the same as provided for the use most similar to the one sought, it being the intent of the Zoning Code to require all uses to provide off-street parking and loading.

(e)

Minimum requirement. Irrespective of other requirements of this Zoning Code, each separate store, office or other business shall be provided with at least one off-street parking space; provided, however, that this requirement shall not apply in the CCBD District.

(f)

Off-street parking: measurement. Floor area shall mean the gross floor area inside the exterior walls, where floor area is indicated as a basis for determining the amount of off-street parking or loading required. In stadiums, sports arenas, churches and other places of public assembly in which occupants utilize benches, news or other similar seating arrangements, each 24 lineal inches of these seating facilities shall be counted as one seat for the purpose for computing off-street parking requirements.

(g)

Fractional measurement. When units or measurements determining the number of required off-street parking or loading spaces result in the requirement of a fractional space, the fraction equal to or greater than one-half shall require a full off-street parking or loading space.

(h)

ADA accessible parking spaces. Any parking area to be used by the general public shall provide suitable, properly marked parking spaces for disabled individuals. The number, design, and location of these spaces shall be consistent with the requirements of the applicable Florida Statutes, as such may be amended from time to time. A parking space or spaces required for disabled individuals shall be counted as a parking space or spaces in determining compliance with the minimum off-street parking requirements set forth in Section 656.604. All spaces for disabled individuals shall be paved.

(Ord. 91-59-148, § 1; Ord. 2006-596-E, § 1; Ord. 2007-588-E, § 1; Ord. 2009-188-E, § 1; Ord. 2009-907-E, § 3)