Borough of Elverson, PA Off-Street Parking and Loading

Off-street parking and loading facilities shall be provided whenever:

A new building is constructed or new use established.

An existing use is changed to a use requiring different parking or loading facilities than the prior use.

An existing building or use is altered or enlarged so as to change the amount of parking and loading spaces required.

Buildings and uses in existence on the date of adoption of this chapter shall not be subject to the provisions of this article, except as provided in § 290-1401B(1) above.

All land uses proposed subsequent to the adoption of this chapter shall be in conformance with this article and the applicable sections of Article XI.

Location of required parking spaces.

Required off-street parking spaces shall be located on the same lot as the principal use, unless otherwise provided by this article.

Off-street parking spaces shall be located outside of the public right-of-way.

Use of parking facilities. Parking facilities shall not be used for any purpose that interferes with the availability for the parking need it is required to serve, unless otherwise provided in this article.

(6)

Off-street parking and loading facilities existing at the effective date of this chapter shall not subsequently be reduced below the requirements of this article.

(7)

All parking and loading facilities required by this article shall be constructed and subsequently maintained in an attractive, safe and functional manner for as long as the building or use which they are designed to serve remains in existence.

§ 290-1402 Parking regulations.

Construction.

All parking spaces, aisles, access driveways, and lots shall have a paved surface subject to the approval of the Borough Engineer. Where appropriate, and where approved by the Borough, the use of permeable pavement and/or specially designed brick or block for parking facilities is encouraged in order to increase on-site water retention for plant material and groundwater supplies and to reduce problems associated with runoff.

Parking areas shall include provisions to retain stormwater on the applicant's premises in accordance with Chapter 225, Stormwater Management, of this Code. Parking facilities shall be designed to prevent pooling or flooding of parking areas, with drainage designed in an acceptable manner to prevent problems off site with flooding, water flow, or erosion, as approved by the Borough Engineer and in compliance with Chapter 240, Subdivision and Land Development, and Chapter 225, Stormwater Management.

Parking shall meet all regulations and requirements of the Americans with Disabilities Act of 1990 and the Uniform Construction Code (UCC), including but not limited to required handicapped parking spaces, access ramps, access aisles, and signage.

Parking space and aisle regulations.

Parking spaces.

Each parking space shall have a minimum dimension of nine feet by 18 feet and shall have convenient access in all seasons. Not more than two feet of a parking space may overhang a perimeter buffer, so long as such overhang does not intrude into a right-of-way or pedestrian walkway, and for such spaces, the area directly below the overhang need not be paved.

Parking space requirements shall be in accordance with the following:

Angle of Parking Row
Degree:	45°	60°	90°
Depth of parking row (feet)	18	19	18
Width of parking space (feet)	9	9	9

Individual parking spaces shall be clearly marked by durable white or yellow striping a minimum of four inches in width.

Every required off-street parking space shall open directly upon an aisle (travel lane) or an access driveway to provide safe and efficient means of vehicular access to such parking space in accordance with applicable regulations. No off-street parking space shall be created so that a vehicle must back into a street or public right-of-way to exit the space.

Where on-street parking is permitted, parallel parking spaces shall be a minimum of eight feet wide and 24 feet in length.

Aisles (travel lanes). Internal aisles/travel lanes shall be provided and designed to provide clear access to parking spaces, prevent blockage of vehicles entering or leaving the site, and shall be clearly defined by means of painted lines or markings, curbing or landscaping.

When there is a one-way flow of traffic and individual parking spaces are at an angle greater than 60° there shall be a minimum aisle width of 18 feet.

When there is a one-way flow of traffic and individual parking spaces are at an angle less than 60°, there shall be a minimum aisle width of 16 feet.

When there is a two-way flow of traffic, there shall be a minimum aisle width of 24 feet.

Parking lot design regulations. Parking lots shall be designed to permit each individual space to open directly into an aisle in accordance with § 240-604B of Chapter 240, Subdivision and Land Development.

A maximum of 40 parking spaces may be placed together in a single parking area. Parking areas abutting one another shall be separated by a planting strip with a minimum width of five feet.

No parking lot or space shall directly abut a street and shall at a minimum be separated from the street by a curb or vertical barrier, except for access driveways.

Parking lots for over 20 vehicles shall be separated from the street line by a buffer planting strip a minimum of five feet in width.

Parking areas shall be designed to permit each vehicle to proceed to and from a parking space without requiring the moving of any other vehicle.

For the purposes of servicing any property, a maximum of two access driveways shall be permitted for each use, unless otherwise permitted herein.

(6)

Parking areas shall be landscaped in accordance with § 240-609 of Chapter 240, Subdivision and Land Development.

(7)

Parking lot landscaping is intended to promote the public health, safety and general welfare by providing minimum requirements for installation and maintenance of landscaped areas in connection with parking lots and other vehicular use areas; to protect the character and stability of residential, business, institutional, and industrial areas; and to conserve the value of land and buildings on surrounding properties and neighborhoods.

(8)

All parking lots shall comply with the access management requirements in § 290-1107, Access and traffic control, and the requirements of § 240-611D, Driveways and off-street parking, of Chapter 240, Subdivision and Land Development.

Parking requirements.

Residential use minimum parking requirements. Required space may include garage space. Where there is a home occupation, the appropriate provisions of § 290-1213 also shall apply.

Single-family dwelling: two spaces/dwelling unit.

Two-family dwelling: two spaces/each dwelling unit.

Multiple-family dwelling: two spaces/each dwelling unit.

Mobile home parks: two spaces/mobile home.

Age-restricted retirement community. Parking requirements shall be determined by the Borough Council as part of the conditional use process, in accordance with requirements for similar uses in accordance with recognized authorization sources [such as, but not limited to, the Urban Land Institute or Institute of Transportation Engineers (ITE)], the specific requirements of the facilities and uses, and/or actual experience.

Nonresidential uses.

There shall be sufficient parking spaces for each use so that there is a minimum of one space provided for each 1.5 employee(s) on the shift of greatest employment and sufficient spaces, rounded to the nearest whole number, to comply with the application of the appropriate formula listed in Figure 14-1 for each use, unless otherwise stated. Where a specific use is not listed, the most similar use shall apply.

Figure 14-1: Off-Street Parking Requirements
		Parking Requirement gross floor area (gfa) gross sales/service area (gsa)
Nonresidential Use:
Accessory use		No additional spaces required, except as otherwise required herein, including but not limited to home occupations
Adult use		4/1,000 gsa
Athletic equipment or repair shop		4/1,000 gsa
Bank or financial institution		5/1,000 gsa
Private club or fraternal institution		1 space for every 3 seats provided for patrons, customers, members or guests or 1 space per 3 persons permitted at the maximum capacity of the use as established by the Fire Marshal or other official mechanism, whichever is greater
Commercial recreational use or facility; park or outdoor recreation:
	Indoor use (bowling, skating, etc.)	a.	6/1,000 gsa or 1 space per 3 people permitted for the maximum capacity of the use as established by the Fire Marshal or other official mechanism, whichever is greater
	Park or outdoor recreational use	b.	1 space per 4 visitors estimated peak service
Child day-care center (commercial day care)		1 space per 6 students/attendees the facility is licensed, permitted or intended to serve at maximum capacity or 1 space per 400 gfa, whichever is greater
Home occupation		See § 290-1213
Hotel		1 space per rented room
Self-service laundromat		10/1,000 gsa or 2 spaces per washing machine, whichever is greater
Kennel		4/1,000 gsa
Lumberyard		4/1,000 gsa
Medical office or clinic		3 spaces per examining room
Mixed use		Required spaces shall be the sum of all applicable uses
Mortuary		8/1,000 gfa
Office (business, administrative, professional, etc.)		4/1,000 gsa
Office of a contractor or craftsman		2/1,000 gfa for areas dedicated to office or meeting space
Personal service shop		3/1,000 gsa
Restaurant:		5/1,000 gfa for areas for guest reception plus 1 space for every 3 seats provided for patrons, customers, members:
	Where establishments provide benches instead of fixed individual seats	a.	3 linear feet of seating shall equal 1 seat
	Where no fixed seats are used	b.	75 square feet of gross floor area shall equal 1 seat
Restaurant, fast food:		10/1,000 gfa or 1 space for every 2 seats provided for patrons, customers, members or guests, as follows, whichever is greater:
	Where establishments provide benches instead of fixed individual seats	c.	3 linear feet of seating shall equal 1 seat
	Where no fixed seats are used	d.	75 square feet of gross floor area shall equal 1 seat
Retail store		4/1,000 gsa
Self-storage facility		See § 290-1227
Shopping center		Sum of all applicable uses
Spa		3/1,000 gsa
Studio		3/1,000 gsa
Vehicle filling station (gas station)		1 parking space for fueling and 2 stacking spaces per pump
Vehicle repair, or service		4/1,000 gsa for office/retail space plus 2 spaces per service bay; however the internal space of a service bay shall not count towards parking requirements
Vehicle sales		3/1,000 gsa
Public/Institutional Uses:
Age-restricted retirement community, congregate facility* or in accordance with § 290-1226		1 space for every 2 rooms for residents, plus 1 space per residential dwelling unit, where applicable
Educational use:
	Elementary or junior high school:	a.	1.5 spaces per classroom plus 4/1,000 gfa devoted to office or administration plus auditorium requirement
	High school:	b.	1 space per classroom plus 4/1,000 gfa devoted to office or administration plus 1 space per 10 students in grades 11 and 12 plus auditorium requirement
	Plus auditorium or gymnasium space for either use	c.	1 space per 4 fixed seats or 4 people permitted for the maximum capacity of the use as established by the Fire Marshal or other official mechanism, whichever is greater
Crematory		4/1,000 gsa
Institutional; government; municipal use		1 space per every 2 seats of capacity for public meeting facilities
Park or outdoor recreational use		See "commercial recreational use or facility; park or outdoor recreation" above
Place of worship		1 space per every 3 seats or 1 space per 3 people permitted for the maximum capacity of the use as established by the Fire Marshal or other official mechanism, whichever is greater
Wireless communication facility		2 spaces per facility
Industrial/Manufacturing Uses:
Industrial		1/1,000 gfa and 1 space per company vehicle
Junkyard		2 spaces per office located on the premises
Manufacturing		1/1,000 gfa and 1 space per company vehicle
Laboratory, research, experimental, or testing facility		2/1,000 gfa for area devoted to engineering or testing
Truck terminal		2/1,000 gfa plus 1 parking space for company vehicles stored and/or intended for operation in connection with said use
Wholesaling, warehouse, distribution		1 space per 1,000 gfa
For all other uses not listed		The requirement for the most similar use shall apply or the applicant shall supply sufficient documentation (such as AASHTO or ITE) to justify requested parking allocation, which shall be approved by Borough Council.
NOTES:
*	Term is defined in § 290-202 of this chapter.

Reduction of required parking in the TC District. Within the TC District an applicant may request an alternative requirement from the parking requirement in § 290-1402D(3)(a) by conditional use subject to Article XVII of this chapter. Where a change in the number of required off-street parking spaces is considered, the applicant shall provide documentation (such as AASHTO or ITE) to support that the use and/or site does not warrant the spaces required by § 290-1402D(3)(a), and the Borough Council may approve a reduction which shall not exceed 25% of the stated parking requirement.

On-street parking along the frontage of a property shall be included in satisfying the overall parking requirements of the uses on that same property.

§ 290-1403 TC District parking regulations and options.

General regulations. The following regulations apply within the TC District:

No off-street parking or loading shall be allowed in the front yard of any property within the TC District. All parking and loading facilities shall be located either to the side or rear of the principal structure and connected to the front sidewalk by pedestrian walkways or sidewalks. Alternative side or rear entrances to buildings are encouraged in addition to primary entrances along the street frontage.

Front access to associated off-street parking facilities shall not be permitted on lots accessible from an alley or a side street of lower functional classification.

Off-street surface parking shall not extend more than 60 feet in width along any street frontage.

Not more than 130% of the required minimum parking requirement shall be permitted, unless otherwise provided by this chapter or when approved by conditional use.

Connected parking lot requirement. Parking lots constructed after the effective date of this chapter shall be required to connect to lots on adjacent parcels in accordance with this subsection, unless other parking alternatives are approved under § 290-1403B below. This requirement shall not apply where there is a change in use that does not require expansion of an existing parking lot or where there is maintenance on an existing off-street parking lot but shall apply if an existing lot is expanded and there is an existing parking lot on adjacent parcels. See Figure 14-2.

Parking lots constructed after the effective date of this chapter shall be required to connect to parking lots on adjacent lots in accordance with the following:

[1]

Where there is no existing parking lot on an adjacent lot, a parking lot shall be constructed so that such connection may be made in the future if a parking lot is constructed on the adjacent lot.

[2]

Where there is an existing adjacent lot, the connection shall be established, subject to approval of the owner of the adjacent use.

[3]

Adjacent parking lots shall be connected through aisles/traffic lanes.

Access and connections.

[1]

Access. When a new parking lot is developed adjacent to an existing parking lot and the required connections are constructed, existing access drives may be eliminated to reduce the access for the connected lots to the requirement for one off-street parking lot. Any eliminated access drives may be repurposed for parking spaces.

[2]

Connections. Where a use with an existing off-street parking lot connects to a newly developed/constructed lot and loses required parking spaces due to the connection, the parking requirement for such connecting use may be reduced by the number of spaces lost to make the connection, as long as the required off-street parking lots and connections remain, when approved by the Borough.

A common access agreement between adjacent uses shall be required and subject to approval by the Borough to maintain the parking lots and the shared access. If a connection is removed due to development on one lot or other reason, the remaining parking lot(s) shall be required to meet access requirements for individual parking lots.

Figure 14-2: Connected Parking

The following off-street parking options may be used within the TC District. Parking requirements shall be located on the same lot as the use for which the parking is required, except in cases where it is not feasible due to the Borough's small size and the limitations of lot sizes and space in the TC District. In the TC District, the following alternatives for off-street parking are permitted when approved by conditional use, subject to Article XVII of this chapter:

Shared off-street parking facility. A maximum of 50% of required parking spaces for a place of worship, theater or other use primarily open outside of typical business hours may be provided and used jointly by banks, offices, retail stores, personal service shops, and similar uses which are normally open, used or operated during typical business hours (8:00 a.m. to 5:00 p.m. Monday to Friday). See Figure 14-3.

The sharing of parking shall be subject to approval by the Borough Council, which shall consider, among other criteria, the hours of operation of the uses which are sharing required parking spaces and the number of spaces involved.

The applicant(s) shall submit a site plan and written agreement showing use(s), ownership, maintenance responsibility, and location of the off-street parking facility(ies), ensuring the retention of parking spaces for such sharing of required parking, which shall be properly drawn and executed by the parties concerned, subject to review and approval of Borough Council. Such approval may be rescinded by the Borough and additional parking shall be obtained by the owner of the use sharing the parking spaces to meet the required off-street parking standard in the event the Borough determines the joint use of parking results in a public nuisance or adversely affects the public health, safety or welfare or if there is a change in use of the property that owns the parking lot being shared or other issue which results in negating the ability of the shared parking to fulfill the parking requirement for the use sharing the parking.

The lot can be accessed by patrons where safe crossing streets are available and are located within 300 feet of the building entrance(s) in which the use(s) is(are) located.

Shared facilities shall be provided with appropriate signage indicating the buildings and/or uses for which the spaces are available.

Sidewalks for pedestrian safety are available between the parking lot and the associated use.

Figure 14-3: Shared Parking

Off-site parking facility. Required parking spaces may be accommodated off site on a different lot than the use for which they are required. See Figure 14-4.

The owner(s) of the use(s) or structure(s) shall submit a plan to the Borough that includes a site plan and agreement showing use(s), ownership, maintenance responsibility, and location of the off-street parking facility(ies) for review and subject to approval by Borough Council.

The parking facility fulfills the required parking for the use(s) with which it is associated.

Sidewalks for pedestrian safety are available between the parking lot and the associated use.

Off-site parking facilities shall be provided with appropriate signage indicating the buildings and/or uses for which the spaces are available.

The lot can be accessed by patrons where safe crossing streets are available through crosswalks or other similar means and are located within 300 feet of the building entrance(s) in which the use(s) is(are) located.

(f)

The applicant(s) shall provide sufficient legal documentation to ensure the long-term availability of the parcel to be used for off-site parking. This may be in the form of a deed, lease, contract, easement or similar instrument, of which the form and duration shall be subject to the review of the Borough Solicitor and approved by Borough Council.

Figure 14-4: Off-Site Parking

Municipal parking lots. Municipal parking spaces or parking lots may be counted toward the determination of off-street parking requirements for uses within the (TC) Town Center District when such spaces are located within 300 feet of a given building for a particular use.

Reserve parking.

The Borough Council may permit up to a 20% reduction in the number of parking spaces required in Figure 14-1 in § 290-1402D(3)(a), provided that a reserved parking area that can accommodate such future parking is set aside in accordance with the provisions herein.

The location of the initial phase of parking and the area set aside for reserved parking shall be clearly indicated on a land development plan in accordance with Chapter 240, Subdivision and Land Development. The reserved parking area shall be clearly noted on the plan for possible future use.

The reserved parking area shall not include areas for required yards, setbacks or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this chapter, such as natural resources protected by Article X. Required landscaping for the parking area shall not interfere with the potential future use of the reserved parking area. The applicant shall provide a landscaping plan for the reserved area as part of the land development plan submission.

The developer shall enter into a written agreement with the Borough Council that, within five years following the issuance of the occupancy permit, an assessment of the parking shall be made and additional parking spaces reserved for future use shall be provided at the landowner's expense should it be determined by the Borough Council that the full parking space requirement, or portion thereof, is necessary to satisfy the need of the use(s).

The applicant shall demonstrate through the use of empirical data from other similar built projects and/or studies that a lesser standard can adequately serve the proposed use(s) to the satisfaction of the Borough, or the applicant may pay an agreed upon fee to the Borough for a study to be completed to determine an appropriate standard. In any event, the Borough shall hold in escrow an amount equal to the cost to construct and install the unbuilt parking spaces, and the land development plan shall include calculations for the potential impervious surface area for the potential addition of the reserved parking. If the use is determined to be adequately serviced by the parking provided in accordance with § 290-1403B(4)(d) above, the escrow funds shall be released. If the provided parking is determined, at the sole discretion of the Borough, to be inadequate, the property owner shall cause the required parking to be constructed, at their sole expense. After such time as the required parking has been constructed, the Borough shall release the escrow funds, less any amount owed to the Borough. If the property owner fails to construct the required spaces, the Borough may use the escrow funds to have the spaces constructed.

Fee in lieu of required parking permitted in the Town Center (TC) District.

As an alternative to the provision of required off-street parking, an applicant for a nonresidential use may seek a conditional use approval from Borough Council, in accordance with Article XVII, to pay a one-time fee in lieu of required parking. It shall be the preference of Borough Council that required parking be provided on site or that, where this proves infeasible, an applicant consider the other options listed in this § 290-1403B prior to or in conjunction with requesting fee in lieu of parking. Where, in the opinion of the Borough Council in response to the applicant's request for conditional use approval, other alternatives in this section do not present a feasible means of providing some or all of the off-street parking required by this article, the Council may authorize the payment of a one-time fee in lieu of the actual creation of some or all of the required parking by the applicant.

The amount of the fee shall be specified in the parking fee schedule adopted by resolution of the Borough Council.

All fees collected and all interest earned thereon shall be placed in the Borough general fund. Such fees and interest shall be used only for the acquisition and/or lease of land or the improvement of land owned or leased by the Borough for off-street parking within the Town Center (TC) Zoning District and the installation of off-street parking on such land. Such collected fees shall be expended for the purposes set herein within 10 years of the receipt thereof.

§ 290-1404 Off-street loading and unloading.

Loading and unloading spaces shall be located off street, with proper access from a street or alley. All required loading berths shall be located in the side- or rear-yard area of the lot to be served. Each loading berth shall be separated from internal drives and not used in the calculation of parking space requirements.

General requirements.

Off-street loading and unloading space or spaces, with proper and safe access from street or alley or from a private traffic aisle or access driveway connecting with a street or alley, shall be provided on the same lot as the use for which it intended to serve, either within a structure or in the open, except as provided for in § 290-1404D. The ingress and egress of loading operations shall not require maneuvers in a public street and shall minimize interference with regular traffic movements.

Loading and unloading spaces shall have paved surfaces to provide safe and convenient access during all seasons.

Loading facilities shall not be constructed between the building line and a street right-of-way line, except as provided in § 290-1404D.

Required off-street parking space shall not be used for loading and unloading purposes except during hours when business operations are suspended, except as provided in § 290-1404D.

Alleys may be required to give access for loading areas in the rear of properties.

(6)

Areas provided for loading and unloading of delivery trucks and other vehicles and for servicing by refuse collection, fuel and other service vehicles shall be so arranged that they may be used without blocking or interfering with the use of any parking space, access driveways, traffic aisle, pathways, sidewalks, streets, or within the front, side or rear yard setbacks, except as provided in § 290-1404D below.

(7)

All loading berths and circulation areas which abut a residentially zoned district or residential use shall be buffered and screened in accordance with § 290-1105, Screening.

(8)

All off-street loading berths shall be constructed and maintained for as long as the use for which they are designed to serve remains in existence.

Size.

For structures and uses that are served only by smaller vehicles, such as vans, the minimum size for each berth shall be 10 feet in width and 20 feet in length, with a minimum vertical clearance of 12 feet, by approval of Borough Council.

For structures and uses that are served by larger vehicles than specified in § 290-1404B(1), such as tractor-trailers, the minimum size for each berth shall be 14 feet in width and 50 feet in length, with a minimum vertical clearance of 16 feet.

Required number of off-street loading berths.

Every commercial, industrial or institutional use shall have a minimum of one off-street loading space, except as provided in § 290-1404D. Where there is an aggregate gross floor area of 20,000 square feet or more for each use, one additional off-street loading space shall be provided for each additional 20,000 square feet of gross floor area or part thereof.

Where a structure or use includes more than one type of use, the number of berths required shall be the sum of the requirements for each separate use, unless approved under § 290-1404D.

Alternatives. Where off-street loading cannot be accommodated on site due to site constraints that preclude the installation of appropriate off-street loading, turning movements for or access for applicable delivery vehicles, applicants for a development may submit for one of the following off-street loading alternatives through the conditional use approval process in accordance with Article XVII:

Use of public alleys and streets. The Borough Council may approve the use of public alleys and streets for loading and unloading, provided the following conditions are met:

The applicant demonstrates that loading and unloading may be conducted without blocking or interfering with vehicular and pedestrian traffic.

Loading and unloading shall not generally interfere with the use of on-street parking spaces.

Loading and unloading is limited to off-peak hours but no earlier than 7:00 a.m.

Common loading and unloading facilities. Required off-street loading spaces may be provided cooperatively for two or more uses on the same lot or on adjacent lots.

Loading in a required off-street parking space or lot.

The parking space or lot being used is associated with the use being served, unless as approved in conjunction with § 290-1404D(2).