[Ord. No. 330 §1(28), 7-12-1999; Ord. No. 574 §1, 12-1-2003; Ord. No. 621 §1, 10-18-2004; Ord. No. 666 §1, 4-17-2006]
A.
Applicability. For every use, activity or structure permitted by this Chapter and for all buildings or structures erected in accordance therewith, there shall be provided sufficient space for access and off-street standing, parking, circulation, unloading and loading of motor vehicles that may be expected to transport its occupants, whether as patrons, residents, customers, employees, guests or otherwise, to an establishment, activity or place of residence at any time under normal conditions for any purpose. When a use is expanded, accessory off-street parking and loading shall be provided in accordance with the regulations herein for the area or capacity of such expansion in combination with the previously existing uses, structure or activity.
B.
Site Plan Required. Every building permit application for a new, enlarged or remodeled building, structure or use shall include therewith a parking site and landscape plan with the exception of detached single-family residences. In addition, such parking site and landscape plan requirements shall also apply to new, enlarged or remodeled parking facilities serving existing buildings, structures or uses. Application for approval of such a plan shall also identify all existing parking facilities currently serving said buildings, structures and uses for conformity with these regulations.
1.
Parking plan requirements. In addition to site plan approval requirements of this Code, the plan shall also specifically include the following:
a.
Delineation of individual parking and loading spaces by adequate striping.
b.
Circulation area necessary to serve parking and loading spaces.
c.
Access to streets and property to be served.
d.
Driveway and traffic aisle width, location of all curbs and curbing material.
e.
Grading, drainage, surfacing and subgrading details.
f.
Delineation of obstacles to parking circulation in finished parking area.
g.
Specification as to signs and bumper guards.
h.
Dimensions and material of required landscaping and screening.
i.
Lighting and other pertinent details.
j.
Critical dimensions indicating setback and parking lot design layout.
k.
Subsurface public utilities to be covered.
C.
Site Plan Review And Approval. Site plan review and approval shall be in accordance with Article III, Site Plan Improvements in Chapter 410 of this Code. In addition, the City Engineer may allow an applicant to initially construct fewer parking spaces than are required herein. Provided that, space to accommodate the total required amount of parking spaces is reserved and the applicant agrees in writing to construct all or parts of the remaining required parking spaces as the need arises or as may be determined by the Board of Aldermen.
D.
Interpretation Of Requirements.
1.
The parking requirements herein are in addition to space for storage of trucks or other vehicles used in connection with any use.
2.
The parking requirements of this Chapter do not limit special requirements which may be imposed with Mixed Use Development Districts (MUDD) or conditional use permits.
3.
The parking space requirements for a use not specifically listed shall be the same as for a listed use of similar characteristics as the City Engineer approves.
4.
In the case of mixed uses occupying the same building or premises, the parking spaces required shall equal the sum of the requirements of the different uses computed separately.
5.
Whenever a building or use is changed, enlarged in floor area, number of employees, number of dwelling units, seating capacity, etc., to require a change in the required number of parking spaces of ten percent (10%) or more, such spaces shall be provided on the basis of the change.
6.
The parking requirements heretofore established may be amended for a particular use through the conditional use process of this Code.
E.
Calculation Of Required Number Of Spaces.
1.
Fractional spaces. When determination of the number of off-street parking spaces required by this regulation results in a requirement of a fractional space, any such fraction shall be counted as one (1) space.
2.
Floor area. "Floor area", when used as a measurement for determining the number of parking spaces for office, merchandising or service uses, shall mean the gross floor area used or intended to be used for service to the public as patron or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not include areas used principally for not-public purposes such as storage, processing or packaging of merchandise, show windows or rest rooms or utilities, dressing, fitting or alteration rooms. Eighty percent (80%) of the floor area shall be used when no use is present and no development floor plan is prepared as a calculation method.
3.
Beds. Cribs or bassinets shall not be counted as beds in determining the number of parking spaces based upon the number of beds.
4.
Employees. The number of employees may be estimated when used as a measurement for determining the number of parking spaces for a new or to be established business.
5.
Sufficient access. In calculating any required parking area, other than for detached or attached single-family dwellings, sufficient access and maneuver space shall be provided to permit the parking and removal of any vehicle without moving other vehicles.
6.
Shared space. Space allocated for any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements of any off-street parking facilities or portion thereof.
7.
Uses not mentioned. If there is any uncertainty with respect to the amount of parking space required due to a specific use not being mentioned, then the maximum requirement of the general type of use closest to the specific type of use proposed will be used.
8.
Gross estimates. To estimate gross automobile parking area, a factor of three hundred fifty (350) square feet per automobile parking space shall be applied.
F.
Parking Exception For Churches, Temples, Etc. Off-street parking facilities required for churches, temples, etc., may be reduced by fifty percent (50%) where churches are located in non-residential districts and within three hundred (300) feet of usable public or private off-street parking areas and further provided that an agreement filed on record with the County Recorder is provided reflecting that the use of such accessory parking facilities by the church, temple etc., will be permitted by the property owner.
G.
Parking For Multiple Use Buildings. The number of parking spaces required for land or buildings used for two (2) or more purposes shall be the sum of the requirements for the various uses computed in accordance with this Chapter. Parking facilities for one (1) use shall not be considered as providing the required parking facilities for any other use, except as provided in Subsection (F) above.
H.
Use Of Required Parking Spaces. Required off-street parking facilities provided for commercial and industrial uses hereinafter listed shall be solely for the parking of motor vehicles in operating condition by patrons, occupants or employees of such uses and shall not be used for the storage of other vehicles, boats, motor homes, campers, mobile homes or material or for the parking of delivery trucks or tractor trailers used in conducting the business or use. In no case shall any required parking spaces devoted to the principal use of a lot be leased, rented or sold for the purpose of use by any other person, firm, company, corporation or use other than those located upon the property, except as provided for in this Code.
I.
Motor Vehicle Repair And Service. It shall be unlawful to utilize any required off-street parking or loading facilities for motor vehicle repair work or service of any kind, except as expressly permitted herein.
J.
Overnight Parking Of Motor Vehicles. "Overnight parking" shall mean any parking in excess of four (4) hours between the hours of 10:00 P.M. and 6:00 A.M. In residential zones, the overnight parking of motor vehicles shall be limited to passenger vehicles. The following are exempted from this regulation:
1.
School or church buses used for the transportation of personnel in conjunction with religious or school activities, if parked on school property or church property.
2.
One (1) commercial truck or van licensed as a passenger vehicle not in excess of eighteen thousand (18,000) pounds gross vehicle weight used by the occupant of the dwelling. Said vehicle shall be located (parked) on a Portland or asphalt concrete surface.
3.
Semi-tractors (without an attached trailer or any other attachment), dump trucks or similar commercial equipment licensed not in excess of twenty-four thousand (24,000) pounds gross vehicle weight and licensed to the owner or occupant of the property where parked. Said vehicle shall be located (parked) on a Portland or asphalt concrete surface.
4.
Trucks and vehicles licensed over twenty-four thousand (24,000) pounds shall not be parked in any residential district other than on a temporary basis unless such vehicles are parked entirely within a fully enclosed, lawfully located residential-type garage.
5.
Temporary overnight parking of emergency vehicles or public utility vehicles or equipment may be exempted after written application and written approval of the Chief of Police.
K.
Sidewalks And Streets. Required off-street parking spaces stipulated in this Chapter shall not overlap sidewalks or street right-of-way.
L.
Conduct Of Activity. No person, firm, corporation or partnership shall drive through, park or conduct any activity from a pickup truck rated more than one (1) ton, a van, a semi-tractor or commercial vehicle upon any street, highway or roadway within a residential area except for local deliveries. "Delivery" shall mean the active loading or unloading of the vehicle or part of the same and shall not exceed four (4) hours without the approval of the Chief of Police. The parking of such vehicles upon any private or public parking lot in any residential area is expressly prohibited without the permission of the property owner or agent for said property owner. The driver of any semi-tractor and trailer is hereby prohibited from allowing any motor or motors that are a part of the semi-tractor and trailer from running while parked in any residential area regardless of location. Any Law Enforcement Officer or the City Administrator or the Administrator's agent may cause the removal of any vehicle or part thereof from any residential area where found in violation of the requirements of this Chapter. Any expense incurred by said removal shall be at the expense of the driver, operator or owner of the towed unit.
M.
Parking Of Camping And Recreational Equipment. For the purposes of this regulation, camping and recreational equipment includes auxiliary trailers, motorized homes, pickup coaches, travel trailers, boats and other watercraft.
1.
No camping and recreational equipment shall be parked on any street, highway or other public place, with the exception of emergency or temporary stopping or parking for not longer than twelve (12) hours.
2.
Parking and storing of camping and recreational equipment on private residential property shall be permitted if the following conditions are met:
a.
At no time shall such parked or stored camping and recreational equipment be occupied or used for living, sleeping or housekeeping purposes. No utility connections shall be permitted.
b.
The owner of camping and/or recreational equipment shall not park or store such equipment in such a manner as to create a dangerous or unsafe condition on the property.
c.
Camping and/or recreational equipment less than thirty (30) feet in length may be parked or stored in a front yard on an approved Portland cement or asphalt driveway. The equipment shall not be parked within the pubic right-of-way or over any sidewalk.
d.
Camping and/or recreational equipment may be stored in a side yard area. Parking of such equipment shall be permitted only on a Portland or asphalt concrete pad and shall not be closer than ten (10) feet to a side property line.
e.
No "derelict vehicles" or equipment no longer capable of the function intended shall be parked or stored out-of-doors on residential premises in an inoperative or unregistered condition.
f.
All recreational vehicles, equipment or trailers shall be parked behind all front building line(s), shall not extend past the front of any house into any front yard area and shall be on a paved parking or graveled surface. As noted in Section 365.090(B).
N.
Number Of Entrances And Exits. The City Engineer shall approve the location and width of the entrances and exits from every parking lot. The City Engineer shall permit one (1) entrance and one (1) exit or one (1) combined entrance and exit along any street. Additional access points may be permitted upon review and approval of appropriate engineering traffic analysis data from a traffic engineer. With property located at the intersection of a major and minor road, the access to the parking area shall be limited to the major road. In the instance of the intersection of two (2) major roads, access to the parking area may be from either road. Additional access points may be permitted if deemed necessary by the City Engineer for the alleviation of traffic movement along the related street(s), upon review and approval of appropriate engineering traffic analysis data from a traffic engineer.
O.
Shared Access Points/Cross Access Points. To minimize multiple points of access to public streets or traffic impact upon public streets and to provide interior traffic circulation, the City Engineer may approve the location of shared access points to the public road network and the location and width of cross access drives through commercially or industrially zoned properties as alternative points of access.
P.
Joint Use Of Off-Site Parking Facilities. All required off-street parking or loading spaces shall be provided on the same parcel of land occupied by the use or building to which it is appurtenant; provided however, that where there are, in the judgment of the City Engineer, practical difficulties in satisfying the requirement for parking space and/or if the public safety or convenience would be better served by another location, the City Engineer may authorize an alternate location for any portion of the required parking for a non-residential use which will adequately serve the pubic interest, subject to the following conditions:
1.
Required off-street parking facilities may be provided elsewhere than on the lot which the principal use served is located, provided that the property occupied as parking is in the same possession either by deed, by easement or by long-term lease which has a term equal to or exceeding the projected life of the facility occupied by the principal use and further provided that the owner shall be bound by covenants filed on record in the office of the County Recorder requiring the owners, heirs or assigns to maintain the required number of off-street parking spaces during the existence of such principal use.
2.
Pedestrian access shall be available within a walking distance of not more than three hundred (300) feet measured from the nearest point of public access to the building to the nearest part of the accessory parking area along the area to be traveled by pedestrians.
3.
Such separated parking space shall be usable without causing unreasonable traffic congestion, not be detrimental to any residential neighborhood or hazardous to pedestrians or to vehicular traffic.
4.
All off-site, off-street parking facilities shall only be located on property where such parking is permitted by applicable zoning regulations.
5.
Notwithstanding the parking requirements set out in this Chapter, the number of parking spaces may be reduced by up to twenty percent (20%), at the discretion of the City Engineer, if the developer demonstrates that the parking required is so located and designed such that shared parking within the proposed development meets minimum requirements of this Chapter. A reduction in required parking shall not be permitted in those instances where the City Engineer determines that there is a potential for changes in use, over the short term, creating a change in the basic mixture of uses upon which the justification for shared parking is based. Adequate data shall be provided upon the site development plan relating to the request.
6.
Up to fifty percent (50%) of the parking space required for uses such as theaters, entertainment facilities, bowling alleys, etc., may be provided and used jointly by another use that is not normally open, used or operated during the same hours. School and church parking lot may be used jointly up to one hundred percent (100%). Before any joint use of parking space is allowed, a written agreement properly executed and recorded must be submitted and accepted by the City Engineer.
Q.
Changes In Use. No off-street parking space required under this Chapter shall be used for any other purpose. Where a change in use creates greater parking requirements than the amount being provided, an occupancy permit shall not be issued until provision is made for the increased amount of required off-street parking.
R.
Additions To Structures, Buildings Or Uses. Where an addition is made to an existing structure, building or use which does not comply with the parking requirements cited for such structure, buildings or use, the parking requirements supplied for the addition shall include those spaces necessary to bring the structure, building or use as a whole into conformance with the requirements of this Code.
S.
Existing Parking. No parking area or parking space which exists at the time these regulations become effective or which subsequent thereto is provided for the purpose of complying with the provisions of this Code shall thereafter be relinquished or reduced in any manner below the requirements established by this Code.
T.
Maintenance Of Parking Facilities. Any person operating or owning a parking lot or facility shall keep it free, as may be practical, of dust, loose particles, trash, debris and broken glass and shall promptly remove the snow and ice from the surface of the parking lot. Such persons shall also keep all adjacent sidewalks free from dirt, ice, sleet and snow and shall keep the sidewalks in a safe condition for use by pedestrians. All sign, markers, striping or any other methods used to indicate direction of traffic movement and location of parking spaces shall be maintained in a neat and legible condition. Likewise any walls, landscaping, including trees and shrubbery, as well as surfacing and curbing of the parking lot, shall be maintained in good condition throughout its use for parking purposes and the Board of Aldermen shall have the authority to prohibit the use of the area for parking purposes unless and until proper maintenance, repair or rehabilitation is completed, including the replacement of any landscaping material which may die from time to time or the failure of the landscape irrigation or surface drainage system within the parking area.
U.
Modification Of Required Parking. The total amount of parking space required for a given lot or parcel may or may not be reduced by site plan review. In any development where a mixture of residential uses and office or retail uses are permitted, the combined total number of parking spaces required for such a combination of uses may be reduced by up to twenty percent (20%) where the same is justified to the satisfaction of the City Engineer by a parking analysis submitted by a competent traffic engineer or planner.
V.
Design Requirements.
1. A.C.C. AGGREGATE GEOTEXTILE FABRIC P.C.C.
Definitions. The following shall have associated definitions.
Asphaltic cement concrete.
Crushed limestone.
Woven or non-woven polypropylene fabric; six (6.0) ounces per square yard.
Portland cement concrete designed to attain a minimum compressive strength of four thousand (4,000) p.s.i. after twenty-eight (28) days of cure, maximum slump of three (3) inches.
2.
Minimum area for parking space. An off-street parking space shall be an all-weather hard surface (concrete or asphaltic concrete) area not in a street or alley right-of-way and having an area of not less than two hundred forty (240) square feet with a minimum width of ten (10) feet exclusive of driveway. This area is to be permanently reserved for the temporary use of a vehicle and connected to a street or alley.
3.
Parking surface and base.
a.
Commercial and industrial. All commercial and industrial zoned areas used for off-street standing, parking, loading or unloading, storage and maneuvering of vehicles, equipment or product inventory and materials including driveways and access points to public or private streets shall be constructed adequately for all-weather use and so drained as to avoid flow of water across sidewalks and adequately maintained to prevent dust, potholes, chipping and loose surface material. Approved construction materials shall include Portland cement concrete, asphaltic cement concrete, double coated chip seal surfacing, brick/stone pavers or other materials of equal quality as approved by the City Engineer.
(1)
Trash collection area pad. A separate pad shall be provided for trash collection areas within an enclosure and fronting the service access to the enclosure. The area for the trash dumpster shall be at least ten (10) feet wide by twelve (12) feet long.
b.
Residential. Property zoned "R-1" and "R-2", drive aisles shall be graded adequately for all-weather use and so drained as to control soil erosion and maintained to prevent dust and erosion.
Property zoned classes "R-3" and above, standards shall conform to the requirements of the Subdivision of Land Development Codes, Section 410.210. Approved construction materials shall include Portland cement concrete (with or without exposed aggregate finish), asphaltic cement concrete, brick/stone pavers or other materials of equal quality as approved by the City Engineer.
c.
Exceptions.
(1)
Residential. Existing residential gravel driveways legally installed and properly maintained may continue to exist.
(2)
Commercial. Existing gravel parking lots legally installed and properly maintained may continue to be used until such time as change in occupancy or ownership occurs in accordance with the provisions of this Code. At such time of change in occupancy or ownership, the existing aggregate parking area shall be improved to the standard pavement listed above for commercial/industrial off-street parking areas. Credit shall be given for the thickness of the existing aggregate. The thickness of the existing aggregate shall be determined by a minimum of four (4) augured holes. The average depth of the aggregate so determined shall be subtracted from the required aggregate base depth for the applicable pavement. Aggregate lots may remain if building modifications are only cosmetic or are required by safety or health codes.
4.
Access to parking areas. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of access to a street or public service drive. All commercial and industrial zoned off-street parking spaces necessitating backing into a public road are prohibited. Off-street parking spaces necessitating backing into a public road upon residential collector streets are prohibited and shall be designed to utilize rear entry or side entry garages.
5.
Access near street corners. No entrance or exit for any commercial or industrial off-street parking area with over four (4) parking spaces, nor any loading berth, shall be located within one hundred fifty (150) feet of the intersection of any two (2) street right-of-way lines. Residential driveways located on corner lots shall be placed adjacent to the interior or side property lines most distant from the street corner.
6.
Drainage, maintenance and use. Off-street parking and load facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys. The manner of site drainage proposed shall be subject to review and approval by the City Engineer. Off-street parking areas shall be maintained in a clean, orderly and dust-free condition at the expense of the owner or lessee and not used for the sale, repair or dismantling or servicing of any vehicles, equipment, material or supplies.
7.
Entrances and exits. All commercial and industrial driveways, entrances and exits shall be landscaped, curbed and approved barriers shall be provided along boundaries to control entrance and exit of vehicles or pedestrians. All driveways, entrances and exits shall be paved with an all-weather surface of concrete or asphaltic concrete.
8.
Lighting. The location of light standards shall be as recommended by the Planning and Zoning Commission and approved by the Board of Aldermen on a site development plan. Any building-mounted and pole lighting fixtures used to illuminate any off-street parking area shall be so arranged and shielded to reflect the light away from any adjoining residential lot, institutional premise or adjacent streets. All lighting fixtures shall be uniform within a development and shall be metal halide or a high- or low-pressure sodium type.
9.
Location of parking. Unless otherwise provided by specific provisions of this Chapter, required non-detached single-family residential parking spaces may be located in a front yard, side yard or rear yard area, provided that a ten (10) foot setback be maintained from any property line under separate ownership. However, in no instance shall a parking lot be located in a required transition strip.
Exception. Where the proposed parking area will be located adjacent to a similarly zoned property and where internal access will be provided between the two (2) properties through the recording of appropriate cross-access easements, a minimum of a ten (10) foot transition strip is required.
10.
Striping required. Open parking spaces for multi-family dwellings (containing three (3) or more dwelling units) and non-residential uses shall be delineated by pavement striping, curbs or other means installed and maintained to indicate individual parking spaces and must meet minimal parking stall sizes as described in Subsection (11) below.
11.
Minimum parking space dimensions. Parking stall dimensions and design of parking facilities will be constructed to meet all requirements as defined in the International Zoning Codes, with the exception that no more than ten percent (10%) of the spaces required be designed as compact.
12.
Long vehicle parking. Off-street parking lots designed for parking vehicles longer than nineteen (19) feet, bumper to bumper, shall have parking space of a minimum of ten (10) feet wide and at least two (2) feet longer than the vehicle using the parking space and maneuvering space of such size and dimensions as will accommodate the parking and maneuvering of such vehicles. Vertical clearance of not less than fourteen and one-half (14½) feet is required for all long vehicles parking spaces.