§ 3389.131. Temporary parking lot.

The purpose of this section is to permit the utilization of undeveloped land for a temporary parking lot while awaiting development without the financial investment required for a more permanent parking lot. A special permit shall be required for the establishment of any nonaccessory parking lot. The board of zoning adjustment shall grant a special permit for a temporary parking lot only when it finds that all of the following conditions have been met.

1.

The lot is located in a C-3 or C-4 commercial or M-manufacturing district and qualifies as a nonaccessory parking lot.

2.

The parking to be provided is not code-required.

3.

The site is on a lot where development can reasonably be expected to occur within two years.

4.

The parking lot shall be graded and maintained so as to prevent damage from surface water drainage, accumulation of stagnant surface water, and improper diversion of surface water. Drainage shall conform to the division of sewerage and drainage standards.

5.

The parking lot shall be developed in accordance with provisions of Chapter 3312 not in conflict with this section. The parking lot plan shall be approved by the director of public service and/or their designee.

6.

Access and curb cuts shall be provided in accordance with guidelines issued by the director of public service and/or their designee.

7.

A surface consisting of at least No. 304 aggregate compacted and covered with No. 8 stone, or any other surface approved in writing by the director of public service and/or their designee, shall be installed and shall be maintained in a dust-free condition.

8.

Parking spaces, traffic pattern and layout shall be controlled by striping, numbering, bumper blocks, signs or other suitable means approved by the director of public service and/or their designee.

9.

A buffer shall be provided adjacent to any adjacent street. Such buffer shall consist of a ten-foot wide grass strip, a three-foot high brick or masonry wall, or a combination of grass, landscaping, walls, fences or similar materials which in the opinion of the board of zoning adjustment is a reasonable alternative to a ten-foot wide grass strip. Such a buffer shall be installed and maintained in a live, neat, clean and orderly condition adjacent to any street. Buffering requirements may be waived when the site is not adjacent to a residential zoning district and the board of zoning adjustment finds that unbuffered parking will not negatively impact any commercially developed frontage; however, parking shall be restrained so as to prevent encroachment upon the sidewalk.

10.

The special permit applicant for the subject lot has certified in writing that the parking lot shall conform to any and all special permit conditions stated herein plus any special condition to be imposed thereon.

11.

Any additional special condition that the board of zoning adjustment may reasonably require due to special circumstances.

12.

The special permit shall be limited to a term of not exceeding two years.

13.

The special permit shall not be renewed. Rather, if necessary and upon a showing of good cause, a new application may be filed, notice shall be given, public hearing shall be held and decision shall be made based on then existing circumstances.

14.

The special permit granted and the responsibilities assumed by the applicant hereunder shall run with the use of the land and shall be applicable to any subsequent owner or operator so long as the temporary parking lot operation continues.

(Ord. 899-97 § 7; Ord. 1909-01 § 1 (part); Ord. 1987-2008 Attach. 1 (part); Ord. No. 0128-2009, § 1, 2-9-2009; Ord. No. 1792-2011, § 1(Attach. 1), 12-12-2011)