OFF-STREET PARKING OF A PRINCIPAL NEIGHBORHOOD RETAIL USE

THE FOLLOWING LEGAL STUDY ARTICLE  POSTING IS INTENDED TO SUPPORT AWARENESS AND UNDERSTANDING. IT IS ONLY A PRELIMINARY LEVEL LEGAL STUDY ARTICLE AND IT IS NOT LEGAL ADVICE.   IF THE READER SEEKS LEGAL ADVICE CONCERNING HIS OR HER PARTICULAR SITUATION, HE OR SHE SHOULD SEEK OUT AN ATTORNEY IN A LAWYER CLIENT RELATIONSHIP.

 

In accord with the zoning ordinance of the city of Reading, Pa.  , the zoning administrator may reduce the off-street parking spaces that are required to one space per 500 square feet for a neighborhood-oriented retail use of a property.

Secondly,   two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually.

Thirdly , if a parking area includes principal nonresidential use(s) that all are routinely are not occupied outside of the hours of 8:00 a.m. and 6:00 p.m. and dwelling units, and all of the spaces are shared among all of the uses, then the total number of required off-street parking may be reduced by 20%.

Fourthly , the number of spaces required in a shared parking facility may be also be reduced below the total required by approval by the Planning Commission if it can be demonstrated to the Commission that the hours or days of peak parking needed for the various uses are so different that a lower total will provide adequately for all uses served by the facility. 

Finally,  required off-street parking spaces may be on a separate lot from the use served by the parking if the applicant proves to the satisfaction of the Zoning Administrator that a method of providing the spaces is guaranteed to be available during all of the years the use is in operation, such as via a written and signed parking space lease. . Concerning employee parking the walking distance of such lot may be up to 500 feet from the entrance of a principal nonresidential use , ( i.e. a neighborhood retail principal use ) . Such walking distance can be an even greater than 500 feet away from that entrance concerning customer parking. 

 Preliminary Legal Study Basis

A. In interpreting the language of zoning ordinances to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the governing body, in favor of the property owner and against any implied extension of the restriction. See The Pennsylavania Municipalities Planning Code 53 P.S. § 603.1 Interpretation of Ordinance Provisions

B. The zoning administrator may reduce off-street parking spaces to one space per 500 square feet for neighborhood-oriented retail uses See City of Reading Zoning Ordinance § 600-1603 (A) (34) Off Street Parking Standards

C. Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. If a parking area includes principal nonresidential use(s) that all are routinely are not occupied outside of the hours of 8:00 a.m. and 6:00 p.m. and dwelling units, and all of the spaces are shared among all of the uses, then the total number of required off-street parking may be reduced by 20%. See City of Reading Zoning Ordinance§ 600-1603 (H)(1) Joint Use .Off Street Parking Standards- .

D. The number of spaces required in a shared parking facility may be also be reduced below the total required by approval by the Planning Commission if it can be demonstrated to the Commission that the hours or days of peak parking needed for the various uses are so different that a lower total will provide adequately for all uses served by the facility.  See City of Reading Zoning Ordinance§ 600-1603 (H)(2) Joint Use .Off Street Parking Standards-

E. Required off-street parking spaces shall be on the same lot or premises with the principal use served, except as follows:

      (1)   Required off-street parking spaces may be on a separate lot from the use served by the parking if the applicant proves to the satisfaction of the Zoning Administrator that a method of providing the spaces is guaranteed to be available during all of the years the use is in operation and will be within 300 feet walking distance from the entrance of the principal use being served. Such distance may be increased to 500 feet for employee parking of a nonresidential use. A written and signed lease shall be provided, if applicable. For customer parking, a sign shall direct persons to the parking spaces. The zoning permit shall be conditioned upon the continued availability of the parking, unless the applicant provides evidence of suitable replacement parking. See City of Reading Zoning Ordinance§ 600-1603 I(1) Location Of Parking Spaces .Off Street Parking Standards


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