A.
The parking or loading spaces required by this article
shall be reserved for the particular use or structure for which they
are required and may not be located on or extended into any public
right-of-way.
B.
Except for single-family residential uses in the AC,
AR, RS1, RS5 and RMH Districts, all parking or loading spaces shall
have direct access from an interior driveway and may not necessitate
backing into any public right-of-way.
C.
A commercial vehicle or vehicle used for commercial
purposes may not be parked on a public right-of-way or on a lot in
a residential district, except:
(1)
When part of a permitted use in the particular zoning
classification wherein located;
(2)
When providing temporary service; or
(3)
When the vehicle is an automobile, nonrefrigerated
truck or van having a manufacturer's rating capacity of not more than
two tons and the vehicle is used as transportation to and from place
of employment, provided that in such cases only one vehicle may be
so parked in connection with any one lot.
D.
All parking areas, loading areas and driveways shall
be graded and drained to dispose of surface water accumulation and
shall be paved with a durable dust-free surface considered appropriate
by the Department of Planning Services, Division of Planning. All
drainage shall be collected and given appropriate treatment to ensure
water quality that, upon release to surface waters, will allow compliance
with DNREC Surface Water Quality Standards.
E.
The owner and occupant of the property shall maintain
off-street parking areas in a clean, orderly, dust-free condition,
not to be used for the sale, repair, dismantling or servicing of any
vehicles, equipment, materials or supplies.
F.
Bulk vehicular storage yards, outside display areas,
and depots shall be considered storage uses and are subject to the
provisions of this chapter.
G.
Parking spaces or zones for use by persons with disabilities
shall be provided in accordance with the International Building Code
as amended and adopted by Kent County Levy Court
[Amended 12-16-2003 by Ord. No. 03-30]
H.
Accessible parking spaces shall be signed in accordance
with the following:
[Added 12-16-2003 by Ord. No. 03-30]
(1)
Such signs shall be vertical and placed at a height
of at least five feet from grade but no more than seven feet when
measured from the surface directly below the sign to the top of the
sign for each parking space.
(2)
Such signs shall comply with federal specifications
for identification of parking spaces reserved for persons with disabilities
which limit or impair the ability to walk. A sign at least 12 inches
wide (horizontal) and 18 inches tall (vertical) that includes the
universal handicapped (wheelchair) symbol of access shall be required
for each parking space reserved for use by persons with disabilities.
(3)
These requirements shall not be construed to preclude
additional markings, such as the international wheelchair symbol or
a striped extension area painted on the space, or a tow-away warning
sign.
(4)
Compliance with the provisions of this section is required. The owners of record of properties found to be in violation of these provisions shall be provided with a written notice of violation and corrective order. Such corrective orders shall afford the owners of record of property found in violation of these provisions with at least 10 calendar days and not more than 30 calendar days to achieve compliance with the provisions of this section. Failure to achieve and maintain compliance with the provisions of this section may result in the issuance of a summons and associated penalties and fines as set forth in § 205-426, Violations and penalties, of the Kent County Code and in accordance with applicable provisions of Delaware Code.
A.
Dimensions of parking and loading spaces.
(1)
Each parking space shall be at least nine feet wide
by 18 feet long.
(2)
Each loading space shall be at least 15 feet wide
by 35 feet long with 15 feet vertical clearance.
(3)
Each reserved handicapped parking space shall be not
less than 12 feet in width, and shall be located as close as possible
to elevators, ramps, walkways and entrances. Parking spaces should
be located so that physically handicapped persons are not compelled
to wheel or walk behind parked cars to reach entrances, ramps, walkways
or elevators.
B.
Width of drive aisles.
(1)
Each two-way interior parking and loading drive aisle
for two-way traffic shall be at least 24 feet wide.
(2)
Each one-way drive aisle for one-way traffic shall
be at least 12 feet wide for parallel parking and diagonal parking
when less than 45º, and at least 20 feet wide for perpendicular
parking and diagonal parking that is 45º or greater.
C.
Each parking and loading entrance and exit shall:
(1)
Be located at least 50 feet from the apex of an intersection
of any roads as measured along the edge of paving.
(2)
Have a maximum width of 35 feet.
(3)
Have a minimum width of 12 feet for one-way traffic
and 24 feet for two-way traffic.
(4)
Have landscaping and curbing along lot lines to control
vehicle and pedestrian activity.
A.
Off-street parking shall be provided on the property
with a principal use. However, 40% of the required parking may be
allowed on a reserve parcel, provided that:
(1)
The reserved parking area is compatibly zoned to accommodate
the use.
(2)
The location of the reserved parcel shall not require
pedestrians to cross a roadway unless accomplished at a signalized
intersection controlled for pedestrian crossings or by a marked pedestrian
crossing above or below the grade of the roadway.
(3)
The reserve parking area is located no more than 600
feet from the principal use parcel.
(4)
The conditions of this arrangement are included in
the recorded site plan of the principal use parcel with a note to
the effect that the reserve parcel parking is designated as required
off-street parking space for the principal use and shall remain so
for the total period of time the principal use is in existence.
B.
For purposes of Subsection A(1) of this section, parcels of the same specific zoning classification shall be presumed to be compatible. In all other cases, the Department of Planning Services, Division of Planning, shall determine whether the zones are compatible by comparing the nature of the proposed parking to that which is or would be authorized in the reserved parcel's zoning classification.
C.
Off-street loading spaces shall be provided in close
proximity to the principal or accessory use served. The distance from
a loading space to the closest point of the building entry or loading
area shall be no more than 50 feet.
A.
This section does not apply to parking provided for
an individual dwelling on a private individual lot.
B.
Except as provided in Subsection C below, each off-street parking area and loading area shall be set back as follows:
(1)
One-third the setback required for the principal structure
from the front property line or right-of-way, but in no instance less
than 25 feet.
(2)
Except as provided in Subsections B(3) and D below, 15 feet from side and rear property lines, except that where commercial or industrial properties have a common property line, the setback may be reduced five feet if the square footage saved is added along adjacent residential property lines or provided as uncovered areas elsewhere on the site.
(3)
Twenty feet for parking and 50 feet for loading from
any residential property line where the adjacent property is developed
or capable of being residentially developed.
C.
Off-street parking for nonresidential uses located
within or adjacent to residential or rural districts shall not be
developed within the required front yard limit of said residential
or rural district.
D.
Off-street parking or loading areas may not be located
on a corner lot within a triangular area formed by the intersecting
road paving lines and a line connecting the apex of the intersecting
paved roadways.
F.
Except for joint entrances as may be authorized by
the Department of Planning Services, Division of Planning, all entrances
and exits providing vehicular access to and from a site shall be set
back 10 feet from adjoining property lines.
A.
Open at-grade parking and loading shall be screened
from all surrounding property.
(1)
Screening and buffer areas shall be designed and planted
in accordance with this section.
(2)
For off-street parking that abuts a road right-of-way,
at least 10 feet out of the twenty-five-foot wide setback area shall
be planted with a minimum of one deciduous tree per each 30 linear
feet, plus additional underplanting of shrubs or a wall or opaque
fence, maintained to a height of at least three feet. The trees and
shrubs may be arranged in groupings of planting beds and may be a
mixture of evergreen and deciduous plant materials. Existing trees
and shrubs may qualify as satisfying all or part of the requirements
of this subsection.
(3)
For off-street parking that abuts a residential district
or property the setback area shall be planted with a continuous visual
screen at least six feet in height which shall consist of a compact
evergreen hedge or foliage planting with one deciduous shade or ornamental
tree planted every 30 linear feet. A combination of planting and an
opaque fence, wall or berm will satisfy the requirements of this subsection.
(4)
Except as otherwise provided in Subsection A(1), (2) and (3) of this section, screen and buffer areas for all off-street parking shall be designed and planted in accordance with one or more of the following guidelines as approved by the Department of Planning Services, Division of Planning:
(a)
A mixed planting of deciduous trees and evergreen
trees and shrubs, or a planting of evergreen trees or shrubs or both,
that may be expected to form a six-foot high screen within three years;
(b)
An opaque wooden fence, an opaque fence or wall
of other permanent building material, provided that the outside face
of the fence or wall is planted with a minimum average of one shrub
or vine per 10 linear feet or one large deciduous tree per 30 linear
feet; or
(c)
Existing vegetation that provides a dense year-round
screen, provided that this screening is subject to on-site approval
by the Department of Planning Services, Division of Planning, and
may require supplemental planting.
B.
Each off-street parking area with 10 or more spaces
shall contain interior planting areas or islands.
(1)
Interior planting area requirements for single row
parking are as follows:
(a)
Planting islands of at least eight feet by 18
feet for each 10 spaces or fraction thereof.
(b)
Planting areas of at least six feet by 18 feet
at the end of each row.
(c)
Planting strips at least six feet wide running
the length of a perimeter row if the row does not abut a planted area.
(d)
Foundation planting of at least 10 feet in width
along the entire length of a building when a perimeter row abuts a
building or a sidewalk next to a building planting area.
(2)
Requirements for double row parking are as follows:
C.
Interior planting areas shall meet the following landscape
requirements:
(1)
For each eight-foot by eighteen-foot planting island,
one deciduous shade tree with underplanting.
(2)
For each six-foot by forty-two-foot planting island,
at least two deciduous shade trees with at least 10 evergreens that
will reach three feet in height at maturity.
(3)
For each six-foot by eighteen-foot planting area,
at least one deciduous shade tree and at least five evergreens that
will reach three feet in height at maturity.
(5)
For foundation planting, a combination of ornamental
trees, evergreens and shrubs with seasonal underplanting.
D.
A variety of plant material shall be used. Configuration
and combination of plant materials shall be in accordance with sound
horticultural and landscape architectural practices.
F.
Ground cover, grass or other approved landscape treatments
shall be provided in each required planting area.
G.
Facsimiles of plant material are not permitted to
be used to comply with the requirements of this article.
H.
The planted part of the setback area may be located
either adjacent to the property line or between the property line
and the area or use required to be screened.
I.
Screening and landscape planting shall be sufficient
to achieve the intended final effect within a three-year period.
J.
In all instances, where possible, existing vegetation
shall be used and supplemented to meet the minimum planting and screening
requirements.
K.
The owner and occupant of the property shall be responsible
for the proper maintenance and replacement of landscape material.
Each fence or wall shall be maintained in a safe and visually attractive
condition.
L.
Structures, interior streets, parking spaces, driving
aisles and driveways may not be located in the required setback areas
except for necessary access driveways across the areas as may be approved
by the Department of Planning Services, Division of Planning.
B.
Calculation of parking and loading requirements.
(1)
Parking and loading requirements, based on the square
footage of the building to be served, shall be calculated by determining
the total floor area utilized for the use or uses, excluding incidental
service, storage and mechanical area. For shell buildings, without
specific detail as to space utilization, parking and loading shall
be calculated based on 80% of the gross floor area.
(2)
Parking and loading requirements per seat shall be
determined by the number of individual seats. For the purpose of bench-type
seating, 20 inches is the equivalent of one seat.
(3)
Parking and loading requirements for rated capacity
shall be determined by the maximum capacity of a building governed
by the Fire Code and the regulations of the Department of Health.
(4)
Parking and loading requirements based on the number
of employees shall be calculated on the maximum number of persons
employed or on the premises at any one time, day or night.
(5)
Parking and loading spaces shall be provided for each fraction in excess of 50% of the base measure in § 205-226 of this article.
(6)
The parking and loading space requirements of § 205-226 of this article are in addition to space for parking of trucks or other vehicles used in conjunction with a specific use.
(7)
Parking and loading spaces provided shall be increased
to meet additional requirements if the structures or activities on-site
are increased or expanded.
(8)
The parking and loading requirements for two or more
uses on the same property shall be the sum of the individual requirements
for each use.
C.
Cooperative arrangements.
(1)
The Department of Planning Services, Division of Planning,
may permit cooperative parking arrangements through a written agreement.
The agreement shall effectively bind the use of the parking to the
use served and shall be subject to the approval of the County Attorney
as to its form and legal sufficiency.
(2)
Cooperative arrangements may be authorized as follows:
(a)
If parking is provided to a multiuse facility
by a common on-site facility that has the number of spaces required
for each individual use.
(b)
If joint use of the same parking spaces is used
to meet the parking and loading requirements, subject to the following
criteria:
[1]
When uses served by the same area are operated
at different times with no overlap, the amount of parking shall be
that which is required for the greater generator.
[2]
When there is an overlap, the amount of parking
required shall be at least 100% of that which is required for the
greater generator plus 50% of that which is required for the secondary
generator.
The requirements set forth below are minimums;
they may be increased based on site plan review or conditional or
special use approval. The parking and loading requirements for uses
specifically listed shall be the same as the requirements for the
most similar specified use.
|
Use
|
Loading
|
Parking
| |
|---|---|---|---|
|
Residential uses
| |||
|
Dwelling, single-family
|
2 spaces per dwelling unit
| ||
|
Detached, semi-detached
|
Same
| ||
|
Duplex, townhouse, quadplex
|
Same
| ||
|
Mobile home
|
Same
| ||
|
Multifamily dwelling
| |||
|
Efficiency
|
1.5 spaces per dwelling unit
| ||
|
One-bedroom
|
1.75 spaces per dwelling unit
| ||
|
Two-bedroom
|
2 spaces per dwelling unit
| ||
|
Three-bedroom
|
3 spaces per dwelling unit
| ||
|
Four-bedroom
|
3 spaces plus 1/2 space for each additional
bedroom over three
| ||
|
Housing for the elderly
|
1
|
1 space per dwelling unit
| |
|
Multifamily structures (in addition to spaces
required for each unit) Commercial uses
|
1
|
3 spaces per building
| |
|
Airport/airfield
|
0.5 spaces for each acre of land, minimum 20
spaces and 2 spaces for each planned tie-down
| ||
|
Animal hospital
|
1 space for each 400 square feet of floor area
| ||
|
Single purpose amusement area apparatus (miniature
golf, driving range, etc.)
|
2 spaces for each apparatus or single activity
area
| ||
|
Amusement park
|
2
|
10 spaces for each ride or activity area
| |
|
Arena, exposition hall, stadium, racetrack,
fairgrounds, etc.
|
5
|
1 space for each 2 seats; 1 space for each designated
standing area of 10 people
| |
|
Automobile salesroom and repair shop
|
1 space for each 500 feet of floor area, minimum
10 spaces
| ||
|
Automobile service station
|
1 space for each 100 feet of floor area, minimum
10 spaces
| ||
|
Beaches
|
1 space for each 200 square feet of beach
| ||
|
Bowling alley
|
1
|
5 spaces per lane
| |
|
Food storage locker
|
1
|
1 space per 200 square feet of customer service
area, minimum of 5 spaces
| |
|
Funeral establishments Heliport and helistop
|
2
|
10 spaces per public room, minimum 10 spaces
15 spaces plus 1 space for each tie-down unit
| |
|
Hotel and motel
|
2
|
1 space for each room or unit; 5 spaces per
use
| |
|
Institutional, public, semipublic use
| |||
|
Art gallery, library and museum
|
1
|
1 space for each 150 square feet over 1,000
square feet, minimum 10 spaces
| |
|
Child care center and kindergarten
|
2 spaces for each group of 5 children or fraction
thereof
| ||
|
Church or place of worship
|
1 space for each 3 seats or 1 space for each
100 square feet of floor area
| ||
|
Church or place of worship with school
|
Same, plus 1 space for every 200 classroom seats;
1 seat for every 5 seats in each multipurpose room
| ||
|
Club, lodge and related facility, with or without
sleeping rooms
|
1
|
2 spaces per 3 sleeping rooms or suites, or
1 space per 5 members or 1 space for each 2 people at rated capacity,
whichever is greater
| |
|
Detention and correctional facilities and similar
uses
[Added 10-13-1998 by Ord. No. 98-18] |
No space for up to 2,000 square feet of floor
area; 1 space for 2,000 to 5,000 square feet of floor area; and 1
additional space per each additional 5,000 square feet of floor area
or fraction thereof
|
1 space per employee on the largest shift; plus
1 space per 25 inmates
| |
|
Hospital, sanitarium
|
4
|
1 space for each 2 beds (including staff), 1
space per staff, 1 space for each hospital vehicle, 10 spaces for
outpatient services
| |
|
Nursing home
|
1
|
1 space for each three beds
| |
|
Transit terminal
|
50 spaces minimum
| ||
|
General manufacturing
|
No space for up to 2,000 square feet of floor
area; 1 space for 2,000 - 10,000 square feet of floor area; 1 additional
space for each additional 30,000 square feet or fraction thereof up
to 100,000 square feet; 1 additional space for each additional 50,000
square feet or fraction thereof over 100,000 square feet
|
1 space for each 1,000 square feet of floor
area or 1 space per 1.5 employees on maximum working shift, whichever
is greater
| |
|
Manufactured home sales
|
1 space for each 100 square feet of office area,
minimum 10 spaces
| ||
|
Research office and laboratory
|
1
|
1 space for each 200 square feet of floor area
or 1 space for every 1.5 employees, whichever is greater
| |
|
Warehouse and goods storage area
|
Same as general manufacturing
|
1 space for each 1,000 square feet of floor
area or 1 space for every 2 employees, whichever is greater
| |
|
Office (general office, including banks)
|
1 space for facilities over 5,000 square feet
|
1 space per 200 square feet of floor area
| |
|
Professional office
|
Same as for office
|
4 spaces for each professional person with business
hours or 1 space per 150 square feet of floor area, whichever is greater
| |
|
Medical or dental clinic
|
Same as for office
|
Same as for professional office, minimum 10
spaces
| |
|
Restaurant, fast food, snack bar and tavern
|
1 space for the first 4,000 square feet of floor
area; 1 space for each additional 20,000 square feet of floor area
|
1 space for each 3 seats or 1 space for each
100 square feet of floor area, whichever is greater For fast-food
establishments, a minimum of 15 spaces
| |
|
Retail or service
|
Same as for restaurants
|
1 space for each 160 square feet of floor area
for establishments and multiuse facilities with under 50,000 square
feet of floor area (6.25 spaces per 1,000 square feet); 1 space for
each 180 square feet of floor area for establishments and multiuse
facilities with 50,000 square feet of floor area and over, but less
than 600,000 square feet of floor area (5.5 spaces per 1,000 square
feet); 1 space for each 200 square feet of floor area for establishments
and multiuse facilities with 600,000 square feet of floor area and
over (5 spaces per 1,000 square feet)
| |
|
General service or repair establishments
|
1 space for facilities over 2,000 square feet
|
1 space for each 160 square feet of floor area
or 1 for each 2 employees, whichever is greater
| |
|
Schools
| |||
|
Elementary and junior high
|
2
|
1 space for every 20 classroom seats; 1 space
for every 5 seats in all-purpose rooms; 3 spaces for visitors
| |
|
College/junior community college, university
|
2 spaces for every 3 students; 1 space for each
staff member; 20 spaces for visitors; 1 space for every 3 permanent
auditorium seats or 1 space for each 40 square feet of seating area
where fixed seating is not used
| ||
|
Swimming pool or other recreational activity
| |||
|
Commercial
|
1 space for each 4 persons based on the facility's
design capacity and 1 space for each employee
| ||
|
Community
|
1 space for each 8 persons based on the facility's
design capacity and 1 space for each employee, except when the facility
is a neighborhood one and is located within the neighborhood served
-only 10 parking spaces shall be required
| ||
|
Theater, public assembly meeting establishments,
etc.
|
1
|
1 space for each 3 seats or 1 space for each
1,000 square feet of floor area
| |
