A.
Off-street parking provisions and standards.
(1)
Off-street parking space shall be provided as further
specified in this chapter and shall be furnished with necessary passageways
and driveways.
(a)
Under the terms of this chapter a parking space
shall not be less than nine feet in width and 19 feet deep.
(b)
In addition, off-street parking areas for nonresidential
areas shall provide an additional area of 100 square feet of area
per off-street parking space to provide sufficient area for access
drives and aisles.
(c)
All such space shall be deemed to be required
space on the lot on which it is situated and shall not be encroached
upon or reduced in any manner.
(d)
All parking areas, passageways, and driveways,
(except when provided in connection with one and two family residential
uses and farm residences) shall be surfaced with a dustless, durable,
all-weather pavement clearly marked for car spaces and shall be adequately
drained, all subject to the approval of the Coordinator of the Department
of Public Works.
(e)
Parking areas exclusively serving seasonal operations
of a recreational nature may be constructed of unpaved granular base
course material (compacted stone), provided that such areas shall
be adequately drained, and provided further that all driveways leading
to such parking areas shall be surfaced with a dustless, durable,
all weather pavement, all subject to the approval of the Director
of Public Works.
(2)
None of the off-street parking facilities as required
in this chapter shall be required for any existing building or use,
unless said building or use shall be expanded, in which case the provisions
of this chapter shall apply only to the expanded portion of the building
or use. If any existing building is converted to a new use through
to the granting of a special use permit, the Planning Commission may
determine on a case-by-case basis what the parking requirement shall
be, provided that such requirement shall not exceed the requirements
of Schedule II.
[Amended 2-23-1989 by Ord. No. 89-6; 8-9-1990 by Ord. No.
90-14; 10-5-1995 by Ord. No. 95-007; 5-2-1996 by Ord. No.
96-004]
(3)
A site plan shall be filed with the permit application
where off-street parking facilities are required or permitted, under
the provisions of this chapter, in connection with the use or uses
for which application is being made.
(4)
The collective provisions of off-street parking areas by two or more buildings or uses located on adjacent lots shall be permitted, provided that, except as provided for in Subsection A(14) below, the total parking spaces of such facilities shall not be less than the sum required of the various buildings or uses computed separately and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users. In any such shared parking facility, all parking spaces shall be equally available to the users of any of the buildings or uses sharing the collective parking area.
[Amended 6-15-2000 by Ord. No. 2000-04]
(5)
No driveway providing access to an off-street parking
area shall be located closer than 50 feet to the intersection of two
streets from the curbline.
(6)
When a parking area for five or more vehicles adjoins
a residential district or use a planted buffer strip at least 10 feet
wide shall be provided between the parking area and the adjoining
property.
(a)
Such buffer strip shall include a fence or hedge
or shrub six feet in height at maturity and shall be maintained in
good condition without any advertising thereon.
(7)
All parking areas and appurtenant passageways and
driveways serving commercial and industrial uses shall be illuminated
adequately during the hours between sunset and sunrise when the use
is in operation.
(a)
Adequate shielding shall be provided by commercial
and manufacturing uses to protect adjacent residential districts and
streets from the glare of such illumination and from that of automobile
headlights.
(8)
Off-street parking areas located in commercial districts
and which provide parking for 20 or more vehicles shall be provided
with shade trees of a type approved by the Director of the Department
of Parks and Recreation. The shade trees shall be located in a planned
manner within the parking lot area in quantity equal to not less than
one shade tree for every 10 parking spaces.
(9)
Not more then one commercial vehicle of not more than
one ton manufacturer's rated capacity shall be permitted to be parked
overnight or on Sunday on each lot in a residential district unless
placed in an enclosed garage.
(10)
There shall be adequate provisions for ingress
and egress to all parking spaces. Where a lot does not abut on an
alley or easement of access there shall be provided an access drive
not less than 10 feet in width in the case of a dwelling and not less
than 20 feet in width in all other cases, leading to the parking or
storage areas or loading or unloading spaces required hereunder in
such manner as to secure the most appropriate development of the property
in question, but such easement of access or access drive shall not
be located in any R District which shall provide access to uses other
than those permitted in such R Districts.
(11)
Wherever possible access to off-street parking
areas for 25 or more cars shall be so designed as to provide ingress
and egress by right turns only.
(12)
All permitted and required accessory off-street parking spaces, open or enclosed shall be located on the same parcel of property as the use to which such spaces are accessory, except that such spaces may be provided elsewhere provided they are located within a radius of no greater distance than 250 feet from that parcel of property. And provided further that required spaces are provided off the site in accordance with the provisions set forth herein and that such spaces shall be in the same ownership as the use to which they are accessory unless the parking area is a shared parking facility which is owned or leased by another of the collective users, per Subsection A(4) above.
(a)
In order for an off-street parking area to be
established on a separate lot to serve a particular use as described
above, the area designated for parking shall be in the same zone district
as the permitted use.
(13)
All driveways leading from public streets to
parking areas serving major commercial developments, and all travel
lanes within such parking areas, shall be built to City specifications
and standards for private commercial streets. Travel lanes, as differentiated
from parking aisles, are intended primarily to serve as accessways
leading from streets to parking aisles and loading and unloading areas,
whereas parking aisles are intended primarily to provide access to
parking spaces.
[Added 10-28-1993 by Ord. No. 93-20]
(14)
If a parking area is shared by two or more adjacent buildings or uses, pursuant to Subsection A(4) above, or if a parking area serves a mixed-use building, the total number of parking spaces provided may be less than the sum required of the various buildings or uses if computed separately, provided that the various uses have differing peak parking demand times, as indicated in the Peak Parking Demand Table below. The required parking spaces for weekday and Saturday peak demand for each use shall be calculated and the required parking spaces for the uses shall be aggregated, and the minimum parking requirement for the shared facility shall be the greater of either the weekday peak demand or the Saturday peak demand.
[Added 6-15-2000 by Ord. No. 2000-04]
|
Peak Parking Demand Table
| |||
|---|---|---|---|
|
Type of Use
|
Unit
|
Weekday
|
Weekend
|
|
Office
|
Parking spaces per 1,000 of net floor area
|
3.00
|
0.50
|
|
Retail (less than 400,000 square feet)
|
Parking spaces per 1,000 of net floor area
|
3.80
|
4.00
|
|
Retail (greater than 400,000 square feet)
|
Parking spaces per 1,000 of net floor area
|
3.80
|
5.00
|
|
Restaurant
|
Parking spaces per 1,000 of net floor area
|
18.00
|
20.00
|
|
Cinema
|
Parking spaces per seat
|
0.25
|
0.30
|
|
Residential
|
Parking spaces per dwelling unit
|
1.50
|
1.50
|
|
Hotel — guest rooms
|
Parking spaces per guest room
|
1.25
|
1.25
|
|
Hotel — restaurant/lounge
|
Parking spaces per 1,000 of net floor area
|
10.00
|
10.00
|
|
Hotel — conference rooms
|
Parking spaces per seat (at maximum capacity)
|
0.50
|
0.50
|
|
Convention center space
|
Parking spaces per 1,000 of net floor area
|
30.00
|
30.00
|
B.
Required off-street parking space. Required off-street
parking space for specific uses as regulated in this chapter is contained
in Schedule II which is part of this chapter.
|
Zoning Schedule II
Required Off-Street Parking Spaces
[Amended 3-3-1994 by Ord. No. 94-001; 5-15-1997 by Ord. No.
97-010; 6-15-2000 by Ord. No. 2000-05] | ||
|---|---|---|
|
Type of Use
|
Required Off-Street Parking Spaces
| |
|
Residential
| ||
|
Single-family detached dwelling
|
2 parking spaces
| |
|
Two-, three- and four-family dwellings
|
1 1/2 spaces per dwelling unit
| |
|
Garden apartments, townhouses, and high-rise
apartments
|
1 1/2 spaces per dwelling unit
| |
|
Rooming houses
|
1 parking space per every 1 1/2 roomers
the residence is capable of accommodating
| |
|
Tourist homes/bed-and-breakfasts
|
1 parking space per guest room in addition to
the off-street parking spaces required for the residence
| |
|
Dormitory, fraternity and sorority house
|
1 parking space for every 1 1/2 persons
the residence is capable of accommodating
| |
|
Home-operated barber- and beauty shops
|
2 parking spaces per beauty chair or barber
chair, plus 1 parking space for each nonresident employee, in addition
to the off-street parking* spaces required for the dwelling
| |
|
Home-operated doctor or dentist office
|
5 spaces for client use plus 1 parking space
for each nonresident employee, in addition to the off-street parking
spaces required for the dwelling
| |
|
Home occupations (other than those listed above)
|
At least 2 spaces for client or customer use
in addition to the off-street parking space required for the dwelling.
The Planning Commission may require additional customer parking if
it is determined that the home occupation will generate significant
traffic.
| |
|
Mobile home parks
|
2 parking spaces for each mobile home the park
is capable of accommodating
| |
|
Senior apartments
|
1 space per dwelling unit
| |
|
Enriched housing facilities
|
1 space per dwelling unit
| |
|
Health-related uses
| ||
|
Medical or dental clinics or offices
|
5 spaces for patient use for each doctor or
dentist, plus 1 space for each employee, but not less than 1 space
per 450 square feet of net floor area
| |
|
Medical research, experimental and testing laboratories
|
1 parking space for every 250 square feet of
net floor area or major fraction thereof
| |
|
Paramedic, medical transport, and ambulance
service providers
|
3 parking spaces per ambulance/rescue vehicle
| |
|
Hospitals
|
1 space for each 3 beds plus 1 space for each
employee on the maximum shift
| |
|
Nursing and convalescing homes, proprietary
home or adult care home
|
1 space for each 3 beds
| |
|
Commercial*
| ||
|
Motel and hotel
|
1 parking space for every 500 square feet of
net floor area or major fraction thereof, but not less than 1 parking
space per guest room
| |
|
Barber- and beauty shops
|
2 parking spaces per beauty chair plus 1 parking
space for each employee
| |
|
Business and professional offices
|
1 parking space for every 250 square feet of
net floor area or major fraction thereof
| |
|
Retail and service shops except when otherwise
specifically covered herein
|
1 parking space for every 250 square feet of
net floor area or major fraction thereof
| |
|
Stores for retail sale of furniture, appliances
or hardware
|
1 parking space for every 600 square feet of
net floor area or floor area or major fraction thereof
| |
|
Supermarkets and self-service food stores
|
1 parking space for every 200 square feet of
net floor area or major fraction thereof
| |
|
Laundromats
|
1 parking space for every 3 washing machines
| |
|
Bowling alleys
|
4 parking spaces for each bowling lane
| |
|
Restaurants, cafeterias, taverns, bars
|
1 parking space for every 2 1/2 seats for
customers, but not less than 1 space per 75 square feet of net floor
area
| |
|
Drive-through and carry-out restaurants
|
4 parking spaces for every 100 square feet of
net floor area. (For restaurants providing both carry-out service
and indoor seating, the parking requirement shall be calculated based
on the area devoted to each service.)
| |
|
Convenience stores
|
1 parking space for every 200 square feet of
net floor area or major fraction thereof, plus 2 service spaces for
each fuel dispenser, if applicable
| |
|
Motor vehicles sales including used car sales,
boat sales
|
1 parking space for customer parking for every
600 square feet of net floor area or fraction thereof. In no case,
however, shall a motor vehicle sales establishment provide fewer than
10 off-street parking spaces exclusively for customer use.
| |
|
Garage — repair or service
|
2 parking spaces for each service bay, plus
1 space for each employee
| |
|
Motor vehicle service station
|
1 parking space for every 200 square feet of
net floor area or major fraction thereof, plus 2 service spaces for
each fuel dispenser, if applicable
| |
|
Funeral homes, mortuaries
|
15 spaces per parlor
| |
|
Day-care facilities, adult and child
|
1 parking space per employee, plus 1 parking
space for every 10 clients, based on licensed capacity
| |
|
Banks
|
3 spaces per 1,000 square feet of net floor
area
| |
|
Industrial
| ||
|
Industry
|
1 parking space for each employee plus one space
for each 1,000 square feet of net floor area in the buildings for
use by visitors to the building or buildings. The employee ratio shall
be applied to that shift of work activity that has the greatest number
of employees. Total parking area shall not be less than 25% of the
building floor area. Such parking area may be located in any of the
required yard areas but shall not be located within any buffer area
as required by this chapter
| |
|
Public and other uses
| ||
|
Nonoffice public utility installation
|
5 spaces
| |
|
Parks and other outdoor recreation sites
|
5 parking spaces per each gross acre of land
up to 50 acres and 1 space per gross acre of land above 50 acres
| |
|
Country clubs, golf courses
|
1 parking space for each 200 square feet of
floor area occupied by all principal and accessory structures, except
those for parking purposes
| |
|
Auditorium, churches, theaters, assembly halls
and similar places of public and quasi-public assembly having fixed
seating facilities
|
1 parking space for every 3 seats in the main
assembly unit
| |
|
Auditorium, exhibition halls, assembly halls,
community centers and similar places of public and quasi-public assembly
not having fixed seating facilities
|
1 parking space for every 200 square feet of
net floor area
| |
|
NOTES:
| ||
|
*
|
Off-street parking shall not be required to
serve specific uses in the C-2A Main Street, Central Business District,
where land is generally highly developed, is extremely valuable, lot
areas generally small and there exists little possibility for vehicle
storage.
| |
A.
These regulations shall apply to all uses in all residential
zone districts, except multifamily dwellings in the R-3 Zone Districts.
B.
Private residential parking areas shall be less than
700 square feet and less than 200 square feet when located in the
front yard.
C.
Private residential parking areas shall not be located
within an area extending perpendicularly from the front wall of the
residence, excluding attached garage, to the front lot line.
D.
The sum of driveway and private residential parking
areas shall not comprise more than 40% of the front yard, or 20% of
the total lot.
[Added 11-18-1999 by Ord No. 99-006]
A.
For every building, structure or part thereof having
over 5,000 square feet of net floor area erected and occupied for
commerce, hospital, laundry, dry cleaning, places of public assembly,
industry, and other similar uses involved in the receipt and distribution
of vehicles of materials or merchandise, there shall be provided and
permanently maintained adequate space for standing, loading, and unloading
services in order to avoid undue interference with the public use
of streets or alleys.
[Amended 3-3-1994 by Ord. No. 94-001]
(1)
Every building structure addition thereto having a
use which complies with the above definition shall be provided with
at least one truck standing, loading and unloading space on the premises
not less than 12 feet in width, 55 feet in length, and 14 feet in
height. One additional truck space of these dimensions shall be provided
for every additional 15,000 square feet, or fraction thereof, of net
floor area in the building.
B.
Off-street loading facilities for separate uses may
be provided jointly if the total number of spaces so provided is not
less than the sum of the separate requirements for each use and provided
that all regulations governing the location of accessory spaces in
relation to the use served are adhered to.
C.
Access to a truck standing, loading and unloading
space shall be provided directly from a public street or alley or
from any right-of-way that will not interfere with public convenience
and that will permit orderly and safe movement of truck vehicles.
D.
Loading space as required under this section shall
be provided in addition to off-street parking space and shall not
be considered as supplying off-street parking space.
E.
Off-street loading and unloading area shall be surfaced
with a dustless, durable, all-weather pavement, which shall be adequately
drained.
F.
When a loading or unloading area adjoins a residential
district or use, a planted buffer strip at least 10 feet wide shall
be provided between the parking area and the adjoining property. Such
buffer strip shall include a fence or hedge six feet in height and
shall be maintained in good condition without any advertising thereon.
G.
Any lighting used to illuminate any off-street loading
areas shall be so arranged as to reflect the light away from the adjoining
premises in any residential district.
In order to encourage the sound development
of street frontage, the following special regulations shall apply
to all uses permitted within the commercial, office, and industrial
districts:
A.
Access barrier.
(1)
Access to streets shall be controlled in the interest
of public safety.
(2)
Each building or group of buildings used for nonresidential
purposes, and its parking or service areas, shall be physically separated
from the highway by a curb and planting strip, or other suitable barrier
of not less than five feet in depth along all streets against unchanneled
motor vehicles access or egress, except for accessways authorized
therein.
B.
Accessways.
(1)
Each separate use, grouping of attached buildings
or groupings of permitted uses shall not have more than one accessway
for every 200 feet of frontage except as permitted by this chapter.
(2)
Insofar as practical, the use of common accessways
by two or more permitted uses shall be provided in order to reduce
the number and closeness of access points along the streets and to
encourage the fronting of business and industrial structures upon
a parallel access street and not directly upon a primary road. Accessways
for industrial uses shall not be less than 24 feet nor more than 40
feet in width. Except where otherwise permitted all other accessways
shall not be less than 20 feet nor more than 30 feet in width.
A.
Landscaping consisting of attractive trees, shrubs,
plants and grass lawns shall be required and planted in accordance
with the site plans submitted and approved by the Planning Commission.
(1)
Buffer planting as defined in this chapter shall be
provided along the side and rear property lines of all commercial
and industrial districts or uses so as to provide protection to adjacent
properties where such lot lines abut a residential district or use.
Such buffer planting shall be subject to the terms of this chapter.
Rear and side buffer strips shall not be less than 10 feet in width.
(2)
In addition to such buffer planting, the owner of
the commercial or industrial property shall erect on the buffer area
a fence or hedge six feet in height at maturity except as restricted
elsewhere for the purpose of protecting the residential property from
litter, debris and light glare and such other nuisances that would
disturb peaceful possession. Such fence shall contain no more than
25% open space.
(a)
The responsibility for maintenance of the commercial
or industrial property referred to herein shall be the shared responsibility
of the owners of the property and any other tenants who may be in
possession thereof.
(3)
Such fencing referred to above shall be located only
as shown on the site plan approved by the Planning Commission.
(4)
Not less than 10% of the lot area for any new commercial,
office or manufacturing construction shall be devoted to seeding,
planting, retention of tree cover and shall be used for no other purpose.
Exception shall be permitted, however, for uses in the C-1 and C-2
Commercial Districts.
(5)
No hedge shall be permitted in the C-L, R-L, or P-R District which would obstruct or obscure the view from adjacent roadways or surrounding properties of the lake or other natural scenic vistas, except for such buffer plantings as may be required by other sections of this chapter or as may be required and approved by the Planning Commission in approving the site plan as per § 850-19C(1).
[Added 6-9-1988 by Ord. No. 88-4]
B.
Fences.
(1)
No fence shall be erected within 25 feet of a street
line or 10 feet of a property line without obtaining a permit form
the Zoning Officer. A request or a permit shall be accompanied by
a site plan which shall show the location of the fence in relation
to all other structures and buildings and in relation to all streets,
lot property lines and yards. The request shall also describe the
proposed fence, including its dimensions and the materials to be used
in its construction.
[Amended 12-15-2005 by Ord. No. 2005-20]
(2)
At the intersection of two or more streets in any
district, no fence hereafter erected, altered or reconstructed may
exceed three feet in height above curb level or adjacent ground level
(whichever is lower) when located in the triangular area formed by
the intersecting street lines and a line joining each street line
30 feet distance from said intersection along said street line.
(3)
Within 25 feet of any street line in any district,
no fence hereafter erected, altered, reconstructed or relocated may
exceed three feet in height unless the Zoning Officer shall determine
in writing, after appropriate investigation, that the proposed fence
shall not so obstruct the vision of pedestrians and motorists so as
to constitute a safety hazard; and in no event shall such fence exceed
six feet in height.
[Amended 12-15-2005 by Ord. No. 2005-20]
(5)
The foregoing restrictions shall not be applied so
as to prevent the erection of an open wire fence not exceeding eight
feet above ground level anywhere within a public park, public playground
or school premises.
(6)
All fences must be erected within the property lines,
and no fences shall be erected so as to encroach upon a public right-of-way.
(7)
All fences shall be maintained in a safe, sound and
upright condition.
(8)
If the Zoning Officer, upon inspection, determines
that any fence, or portion of any fence, is not being maintained in
a safe, sound or upright condition or is not being constructed, erected,
altered, reconstructed, relocated or maintained within the terms and
conditions of an issued permit or the terms of this chapter, he shall
notify the owner of such fence in writing of his findings and state
briefly the reasons for such findings and order such fence or portion
of such fence repaired, reconstructed or removed within 30 days of
the date of written notice.
[Amended 12-15-2005 by Ord. No. 2005-20]
(9)
These restrictions shall not be applied so as to restrict
the erection of a wall for the purpose of retaining earth.
(10)
Fences for swimming pools shall be in conformance with the requirements of § 850-55 of this chapter.
(11)
The following fences and fencing materials are
specifically prohibited: barbed wire fences; sharp pointed fences;
canvas; cloth; and electrically charged fences.
(12)
Barbed wire top extensions to seven feet chain
link fences may be permitted as a safety factor in the case of electrical
transformer substations and gas storage and pumping stations upon
the obtaining of a special use permit.
(13)
Notwithstanding Subsection B(4), no fence shall be erected in the C-L, R-L, or P-R District which would obstruct or obscure the view from surrounding properties of the lake or other natural scenic vistas. Such fences shall be subject to architectural review as required by § 850-19C(3) of this chapter.
[Added 6-9-1988 by Ord. No. 88-4]
C.
No person shall construct or maintain a gate which
shall swing outward over any sidewalk within the City.
[Added 5-3-2007 by L.L. No. 1-2007]
[Amended 6-19-2008 by Ord. No. 2008-013; 7-1-2014 by Ord. No. 2014-007]
A.
Building permit requirements.
(1)
A building permit is required for the installation
of all swimming pools. For the purpose of this section, the term “swimming
pool” means any structure, basin, chamber or tank which is intended
for swimming, diving, recreational bathing or wading and which contains,
is designed to contain, or is capable of containing water more than
24 inches deep at any point. This includes in-ground, aboveground
and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place
wading pools. All new and existing swimming pools shall meet the applicable
requirements of the New York State Uniform Fire Prevention and Building
Code and National Electric Code.
(2)
Building permit application shall be made to the Code
Enforcement Officer and accompanied by: two complete sets of plot
plans showing all lot lines, existing structures, yard measurements
and proposed lighting facilities drawn accurately to scale.
(3)
The waterline of a swimming pool shall not be nearer
than 10 feet to the rear or side property line of the premises, 10
feet to any structure, and the total pool area (including water and
apron) shall not occupy more than 10% of the total area of the lot
on which it is located.
(4)
No swimming pool shall be permitted in a required
front yard or side yard.
