04101989 Regular Meeting - Laserfiche WebLink

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Memo to Mayor & Council Page 2 Zoning Commission that an amendment be adopted which would classify vehicle dealerships. However, I suggest that the standard be based upon their recommendation. "- Alternative 3 - Add a provision specifically excluding vehicle .~ dealerships from off-street parking requirements. A provision such as this would relieve vehicle dealerships of any requirement for off-street parking. They would not have to provide off-street parking for customers, employees, or vehicles they display for sale. Without some natural, substantial differentiation between the vehicle dealerships and the other uses which do have off-street parking requirements. there will be a lack of uniformity and a grave potential for all of the other off-street parking requirements for other uses to be held invalid by a court if challenged. There are some uses which are naturally, substantially different from those which have off-street parking requirements in the ordinance. The uses located in the CBD, for example, have no set-back requirements. Because it is permissible to erect buildings to the zero lot lines, it would be unreasonable to require off-street parking on the site as well. Because there is not a substantial difference between vehicle dealerships (outside of the CBD) and the other uses classified in Section 37, I would advise the Council not to adopt such an exclusion. The adoption of such a legally irrational distinction will likely be viewed by the courts as impermissable, special interest legislation. However, the following language would accomplish that purpose if you choose to do it: Part . That Appendix A - General Zoning Ordinance, Section 37(A)(25), be amended by an addition to read as follows: Sec. 37 Off-Street Parking. . . . (A) Minimum Requirements 25. Exceptions: . . . b. Vehicle sales or rental dealerships are not required to provide off-street parking spaces.