Except as specifically provided elsewhere in this Zoning Ordinance, dwelling height and building density shall be not more than, and yards and lot size shall not be less than are specified in the Table below for the type of use in the district in which such use is located.
1. 
Residential District Regulations
Development in residential districts shall conform to the following regulations.
Development Standard
AO
R1
MF
R-G
MHP
MHS
Minimum Lot Area (sq. ft.) (1)
 
 
 
 
 
 
Single-family unit
44,000
5,500
 
–
–
–
Two-family unit
 
–
6,500
 
–
–
Gardenhome unit
–
–
 
5,500
–
–
Multifamily project or group home
–
–
7000
 
–
–
Manufactured home
–
–
 
–
4,600
4,600
Mobile home
–
–
 
–
4,600
4,600
Minimum Lot Dimensions (feet in width x feet in depth)
 
 
 
 
 
 
Single-family unit
150 x 150
50 x 110
 
 
–
 
Two-family unit
–
–
50 x 110
 
–
–
Gardenhome unit
–
–
 
50- x 110
–
–
Multifamily project or group home
150 x 150
5- [50] x 100
–
 
 
–
Manufactured home
–
–
–
 
40 x 115
 
Mobile home
–
–
–
 
–
40 x 115
Minimum Front Yard (feet)
40
25
15
15
20
20
Minimum Side Yard (feet)
 
 
 
 
 
 
One side yard (minimum)
15
5
(3)
0
20
5
The other side yard (minimum)
15
5
 
5
20
5
Minimum Rear Yard (feet)
20
20
10
5/Sing 15/Mul
20
20
Development Standard
AO
R1
MF
R-G
MHP
MHS
Maximum Floor Area Ratio
.20
.40
.60
.60
.40
.40
Maximum Height
 
 
 
 
 
 
In feet
35
35
35
–
 
–
In stories
2-1/2
2-1/2
2-1/2
–
 
–
Maximum Density (units/acre)
–
–
–
 
–
 
NOTES:
(1)
Additional lot area may be required in circumstances where disposal of septic wastewater will be discharged through on-site waste treatment facilities (including septic systems) in order to meet the requirements of the City’s ordinances.
(2)
Single-family and two-family units require a minimum 25-foot front yard; multifamily residential and group living structures require a minimum 25-foot front yard; zero lot line and gardenhome units require a minimum 15-foot front yard, except on arterial streets, where the minimum front yard shall be 25 feet.
(3)
Single-family and two-family units generally require a minimum 5-foot side yard on both sides; apartment dwelling units or group homes require a minimum 10-foot side yard on both sides. See Subsection 4 for side separation standards required of gardenhome units.
(4)
Single-family units and two-family units require a minimum 20-foot rear yard. Multifamily residential and group living structures require a minimum 20-foot rear yard.
2. 
Additional Standards for Zero Lot Line Dwellings
a. 
Development of a zero lot line dwelling shall occur only on a lot that has been specifically platted in accordance with the provisions of the New Deal Subdivision Ordinance to accommodate such a use.
b. 
See Section 303(4).
3. 
Yard Requirements along District Boundaries
Whenever a block face is intersected by a district boundary, all lots fronting on that block face shall conform with the minimum front yard requirements of the most restrictive district found on that block face.
4. 
Yard Requirements for Accessory Structures
See Sec. 401: Accessory Uses and Structures
5. 
Yard Determination by Zoning Administrator
Where a lot does not conform to typical lot and block configuration, the Zoning Administrator shall determine which lot lines shall be considered front, side and rear lot lines. In making this determination, the Zoning Administrator shall take into consideration the pattern of adjacent lots, as well as the frontage of lots across an intervening street. Building orientation or address shall not determine yard requirements.
6. 
Additional Standards for Front and Side Yards
a. 
Where on the effective date of this ordinance 35% or more of a block face between intersecting streets is developed with buildings which have observed, with a variation of five feet or less, a front yard greater or lesser than required by this Section, new buildings shall not be erected closer to the street right-of-way than the building line so established by those existing buildings. This regulation shall not be interpreted as requiring a minimum front yard of more than 50 feet.
b. 
Where a building line is shown on a plat recorded with the Lubbock County Clerk, and such building line provides a front yard and/or side yard greater than required by this Section and is part of a comprehensive plan for orderly development of a subdivision with either a uniform or staggered building line, no building shall be located more than 5 feet closer to the street right-of-way than the building line established on the plat, as long as other minimum setback standards of this Section are met.
c. 
For all uses in residential districts and for residential uses in any district, on a corner lot where another lot abutting the rear of that corner fronts onto a side street, there shall be a front yard required on all streetside boundaries of that corner lot. The minimum front yard required along streetside boundaries (of such corner lots) shall be equal to that minimally required on the interior lot which immediately adjoins each respective required front yard on the corner lot. For the purpose of this subsection, any separation by an alley, utility-owned right-of-way, watercourse or other drainage feature with a minimum width of 10 feet shall cause nearby lots to not be abutting.
(Ordinance 151 adopted 3/24/03)
1. 
Residential Uses in Nonresidential Districts
Within any nonresidential district, allowed residential uses shall conform with the residential bulk regulations regarding maximum floor area ratio, required yards and height that are most closely associated with the proposed type of residential use.
2. 
Nonresidential District Bulk Regulations
Except as specifically set forth elsewhere in this Zoning Ordinance, any nonresidential use in a nonresidential district shall conform to the following standards:
Standard
C-1
C-2
C-3
M1
M2
Maximum Height (ft.)
35
–
–
–
–
Minimum Lot Area (sq. ft.)
6,000
6,000
6,000
6,000
6,000
Minimum Lot Width (ft.)
50
50
50
50
50
Minimum Lot Depth (ft.)
80
80
80
80
80
Minimum Front Yard (ft.)
25
25
25
25
25
Minimum Side/Rear Yard (ft.)
10
10
10
10
10
*NOTE: For the purpose of this Section, separation by an alley, utility-owned right-of-way, watercourse or other drainage feature with a minimum width of 10 feet shall not be considered abutting.
3. 
Determination of Yard Requirements
Where a lot does not conform to the typical lot and block configuration, the Zoning Administrator shall determine which lot lines shall be considered front, side and rear lot lines. In making this determination, the Zoning Administrator shall take into account consideration of the pattern of adjacent lots, as well as frontage of lots across any intervening street. Addresses assigned to existing buildings shall not determine yard requirements.
(Ordinance 151 adopted 3/24/03)
1. 
Residential
Only one principal building for single-family or two-family residential use shall be located upon a lot in a commercial zoning district.
2. 
Nonresidential
More than one principal nonresidential building may be located on a lot, subject to the following requirements:
a. 
The principal buildings shall conform to all of the open space, parking and density requirements applicable to the district where they are located.
b. 
The Zoning Administrator shall review such projects to ensure an appropriate arrangement of buildings is proposed. Such review shall be subject to appeal to the City Council.
(Ordinance 151 adopted 3/24/03)
Outdoor storage and display shall be allowed in any nonresidential district in accordance with this Section. Any merchandise, material or equipment situated outdoors shall be subject to the requirements of this Section. For the purpose of this section, outdoor storage and display shall be broken down into three types, as follows.
1. 
Type 1: Outdoor Display
Type 1 Outdoor Display shall be allowed adjacent to a principal building wall and extending to a distance no greater than 5 feet from the wall. Such storage shall not be permitted to block windows, entrances or exits, and shall not impair the ability of pedestrians to use the building.
2. 
Type 2: Limited Outdoor Storage
Type 2 Limited Outdoor Storage shall not exceed 1,000 square feet or 10 percent of the total site area (whichever is greater).
3. 
Type 3: General Outdoor Storage
Type 3 General Outdoor Storage shall be allowed in unlimited quantity, subject only to the location restrictions below.
4. 
Exceptions
a. 
Vehicles (including boats) shall not be considered merchandise, material or equipment subject to the restrictions of this Section.
b. 
Waste generated on-site and deposited in ordinary refuse containers shall not be subject to the restrictions of this Section.
c. 
Areas enclosed by solid, opaque walls on at least three sides and covered by a solid, opaque roof shall not be considered outdoor.
5. 
Location of Outdoor Storage and Display
a. 
Unless specifically authorized elsewhere in the City’s ordinances, all outdoor storage and display shall be located outside the public right-of-way and/or at least 15 feet from the back edge of the adjacent curb or street pavement.
b. 
No outdoor storage or display shall be allowed in required side yards.
6. 
Allowed Storage Table
The three types of storage shall be allowed in the districts designated in the Table below.
Use
C-1
C-2
C-3
M1
Type A: Outdoor Display
X
X
X
X
Type B: Limited Outdoor Storage
 
X
X
X
Type C: General Outdoor Storage
 
 
 
X
(Ordinance 151 adopted 3/24/03)
1. 
General Guidelines
a. 
If a Planned Development District ordinance does not establish specific guidelines for land uses, landscaping, facade treatment, screening, setbacks, signage, parking, etc., then the minimum standards of the most similar district shall apply, based on an interpretation by the Zoning Administrator. See the Table below.
Use
Standard
Single-Family Residential
Meet requirements of the single-family residential district that is closest in character to the proposed Planned Development
Multifamily Residential
Meet requirements of the multifamily residential district that is closest in character to the proposed Planned Development
Office
Meet CO, Office Commercial District requirements
C-1 Neighborhood Commercial
Meet CN, Neighborhood Commercial District requirements
C-2 General Commercial
Meet CG, General Commercial District requirements
C-3 Heavy Commercial
Meet CH, Heavy Commercial District requirements
Industrial
Meet ML, Light Manufacturing District requirements
b. 
In the case of differences between requirements of a Planned Development District specifically set forth in a particular PD District ordinance and the listed districts in the Table above, the PD District ordinance requirements shall apply.
c. 
In cases where the Zoning Administrator and applicant cannot reach agreement regarding the site plan’s conformance with the concept plan or written standards in a PD District ordinance, then the site plan shall be processed as a major site plan by the City Council according to the procedures contained in Sec. 209 [207]: Planned Development Review.
2. 
Development Standards
The following site development standards shall be considered minimum standards unless modified by the approved site plan:
a. 
Setback, landscaping, signage, and off-street parking standards which are as restrictive as those established for the particular districts in which the use would ordinarily be allowed.
b. 
Utility and street standards as established in the City’s Land Development and Subdivision Ordinance. Street paving widths may be reduced, if other provisions are made for pedestrians, and/or if on-street parking is prohibited.
c. 
Drainage standards as required by the Director of Public Works.
d. 
All private park areas shall have grounds and equipment maintained in an attractive manner. The dedication of such areas to open space uses and the maintenance costs associated with such areas shall be assured by appropriate covenants and restrictions.
e. 
If in the opinion of the City Council, adequate access for safety vehicles, and emergency ingress and egress by other vehicles, is not provided by the proposed public or private street system, additional safety lanes may be required. These safety lanes shall be a minimum of 20 feet in width. The type of surfacing required, if any, will be determined by the City Council. The safety lanes must remain free of any and all obstructions to access by safety vehicles at all times. These safety lanes shall be delineated on the site plan.
f. 
Internal circulation, with approval of the City Council, may be on private streets owned and maintained by an association, corporation, or other such legal entity approved by the City. A written agreement between the City and the legal entity shall be provided allowing vehicles and personnel of the City when on official business to use private streets or safety lanes for any purpose, at any time, without liability and further to allow the City to remove at any time any and all obstructions of any type in the safety lanes and assess the cost of removal to the owner or owners of the obstruction.
g. 
Where private streets are planned, the City Council may require dedication of right-of-way and/or construction of paving for a public street or streets through or into the planned development, as the City Council deems necessary.
h. 
In any planned development in which the provisions of this Zoning Ordinance and the City’s subdivision regulations are in conflict, the City Council, with recommendation from the Zoning Administrator, shall make the decision as to which shall prevail.
(Ordinance 151 adopted 3/24/03)
1. 
General Guidelines
a. 
A Planned Industrial Park ordinance shall establish specific guidelines for land uses, landscaping, facade treatment, screening, setbacks, signage, parking, etc.
b. 
Required development standards are set forth in the following Table.
Standard
Requirement
Lot Area (minimum)
6,000 square feet
Lot Width (minimum)
60 feet
Lot Depth (minimum)
100 feet
Front Yard (minimum)
25 feet
Side Yard (minimum)
10 feet
Rear Yard (minimum)
10 feet
Floor Area Ratio (maximum)
.80
Height (maximum)
35 feet/2 stories
c. 
In the case of differences between requirements of a particular Planned Industrial Park ordinance and the standards in the Table above, the Planned Industrial Park ordinance requirements shall apply.
2. 
Development Standards
The following site development standards shall be considered minimum standards unless modified by the approved site plan:
a. 
Setback, landscaping, signage, and off-street parking standards that are as restrictive as those established for the particular districts in which the use would ordinarily be allowed.
b. 
Utility and street standards as established in the City’s Land Development and Subdivision Ordinance. Street paving widths may be reduced, if other provisions are made for pedestrians, and/or if on-street parking is prohibited.
c. 
Drainage standards as required by the Director of Public Works.
d. 
All private park areas shall have grounds and equipment maintained in an attractive manner. The dedication of such areas to open space uses and the maintenance costs associated with such areas shall be assured by appropriate covenants and restrictions.
e. 
If in the opinion of the City Council, adequate access for safety vehicles, and emergency ingress and egress by other vehicles, is not provided by the proposed public or private street system, additional safety lanes may be required. These safety lanes shall be a minimum of 20 feet in width. The type of surfacing required, if any, will be determined by the City Council. The safety lanes must remain free of any and all obstructions to access by safety vehicles at all times. These safety lanes shall be delineated on the site plan.
f. 
Internal circulation, with approval of the City Council, may be on private streets owned and maintained by an association, corporation, or other such legal entity approved by the City. A written agreement between the City and the legal entity shall be provided allowing vehicles and personnel of the City when on official business to use private streets or safety lanes for any purpose, at any time, without liability and further to allow the City to remove at any time any and all obstructions of any type in the safety lanes and assess the cost of removal to the owner or owners of the obstruction.
g. 
Where private streets are planned, the City Council may require dedication of right-of-way and/or construction of paving for a public street or streets through or into the planned development, as the City Council deems necessary.
h. 
In any planned industrial park in which the provisions of this Zoning Ordinance and the City’s subdivision regulations are in conflict, the City Council, with recommendation from the Zoning Administrator, shall make the decision as to which shall prevail.
(Ordinance 151 adopted 3/24/03)
1. 
Structures Allowed Above Height Limits
Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, steeples, roof signs, flagpoles, chimneys, smokestacks, radio and television antennas, water tanks, silos, or similar structure may be erected above the height limits in Sec. 501 and 502, but no penthouse or roof structure, or any space above the height limit shall be allowed for the purpose of providing additional floor space.
(Ordinance 151 adopted 3/24/03)
No uses allowed exclusively in the M1 or M2 districts shall be allowed within 100 feet of any adjoining residential district.
(Ordinance 151 adopted 3/24/03)
1. 
Required Privacy Fences
a. 
A privacy fence shall be required where the side or rear lot line of a nonresidential use is adjacent to either of the following.
i. 
A residential district boundary other than the AO District.
ii. 
An existing residential use.
b. 
This requirement shall not apply when an equivalent fence already exists.
c. 
Properties immediately across a body of water, transportation, drainage or utility right-of-way, street or alley shall be considered adjacent if the intervening body of water, transportation, drainage or utility right-of-way, street or alley, is less than 80 feet wide.
2. 
Height Standards for Fences
a. 
All privacy fences shall meet the visual clearance requirements of Sec. 510 below.
b. 
Maximum Fence Height in Residential Districts.
i. 
No portion of any fence or enclosure in any residential district, excluding an AO district, shall exceed a height of 8 feet.
ii. 
A substantially open fence with a ratio of solid portion to open portion equal to or less than 1 (solid) to 4 (open) may be constructed up to a height of 10 feet.
3. 
Maximum Height in Required Front Yards.
i. 
Notwithstanding any provisions of this ordinance to the contrary, any fence or enclosure extending into a required front yard shall not exceed a height of four feet.
ii. 
Fences on land located in the C2, C3, M1 and M2 Districts shall be exempt from this requirement.
iii. 
In the AO District, a substantially open fence with a ratio of solid portion to open portion equal to or less than 1 (solid) to 4 (open) may be constructed up to a height of 6 feet.
4. 
Fence Construction Materials in Residentially Zoned Areas
Fences in residentially zoned areas may not be constructed of materials other than wood, galvanized chain link, wrought iron, brick, stone or finished concrete. Any additional material a citizen wishes to use must be granted prior approval from the City Council. The replacement of more than 25 percent in a one (1) year period of an existing fence not constructed of materials authorized herein shall require reconstruction of the fence with the materials authorized herein.
(Ordinance 188 adopted 4/26/10)
Except for freestanding signs with appropriate visual clearance below the display area, any fence, structure, sign, tree or landscaping on a corner lot and situated within 30 feet of the intersection of the two street property lines shall not exceed a height of three feet, including topography, measured from the top of the street curb or, in the absence of a raised curb, 3-1/2 feet above elevation of the center of the pavement. For this purpose, the restricted area shall be considered as a triangle rather than an area bounded by an arc.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
1. 
Off-Street Parking Required
a. 
General Requirements.
No Certificate of Occupancy shall be issued for the use of land or a building for residential, commercial, industrial or any other purpose until adequate off-street parking as required in this Section has been provided.
b. 
Major Repair or Alterations.
i. 
For the purpose of calculating parking, major repair or alteration shall refer to either of the following construction activities: 1) expansion of floor area of an existing building equal to or in excess of 25 percent of the present floor area of the building in question; or 2) repairs or alterations to an existing building that are expected to increase the monetary value of the building by a factor of 50 percent or more, as determined by the Building Official.
ii. 
Except in the C-1 District, no Certificate of Occupancy shall be issued for major repair or alteration of an existing attached single-family, two-family, multifamily, commercial or industrial building or structure unless off-street parking in conformity with this Section has been provided.
iii. 
Except in the C-1 District, no Certificate of Occupancy shall be issued for major repair or alteration of an existing detached single-family structure unless off-street parking in conformity with this Section is provided. For major repair or alteration of a detached single-family structure, off-street parking and any connection to the right-of-way for the public street or alley may consist of an all-weather surface; a paved surface shall not be required.
c. 
Change of Occupancy.
Except in the C-1 District, no Certificate of Occupancy shall be issued to allow a change from one major occupancy category to another (as identified by the Building Code adopted by the City of New Deal) unless off-street parking in conformity with minimum standards of this Section has been provided. The amount of additional parking shall be limited to the required parking calculated for the new use minus any required parking calculated for any previous use of the building.
2. 
Required Off-Street Parking Table
Use
Off-Street Parking Required
RESIDENTIAL
 
Group housing, including assisted living facilities, retirement centers, rooming or boarding houses (not including dormitories or nursing or convalescent homes)
1 space/residential unit
Multifamily dwelling
1 Bedroom apartment
2 Bedroom apartment
3 Bedroom apartment or larger
1.5 spaces/unit
1.75 spaces/unit
2.0 spaces/unit
Single-family dwelling or two-family dwelling
2 spaces/dwelling unit
NONRESIDENTIAL
 
Day Care
1.5/employee
Furniture store, including home appliance stores
1 space/400 gross SF
Hotels, motels, dormitories
1 space/2 guestrooms plus 1 space/4 employees
Hospitals, convalescent homes, nursing homes
1 space/4 patient beds plus
1 space/staff doctor and
1 space/4 employees
Office buildings, including commercial, government and professional buildings, and medical and dental clinics
1 space/300 SF gross
Places of public assembly, private clubs and lodges, bowling alleys, sports arenas, stadiums, gymnasiums and fitness centers, amusement parks, racetracks, fairgrounds, churches, funeral homes, libraries, museums
1 space/400 SF gross OR
1 space/10 seats for patron use, whichever is greater
Restaurants, bars, taverns, nightclubs, diners
1 space/4 seats for patron use
Retail trade and service establishments including personal service shops, equipment or repair shops, gas stations, motor vehicle sales or repair, banks and other financial institutions (not including furniture and home appliance stores)
1 space/200 SF gross
Schools
Elementary school
Middle school
High school, college, university, business or trade school
1.5 spaces/classroom
3 spaces/classroom
9 spaces/classroom
Theaters, movie houses
1 space/10 seats for patron use
Manufacturing and industrial plants, warehouses, research labs, and food processing plants
1 space/4 employees
3. 
Rules for Determining Off-Street Parking Requirements
a. 
When calculation of required off-street parking results in the requirement for a fractional space, any fraction up to and including 1/2 shall be disregarded in the calculation, and fractions over 1/2 shall require one additional off-street parking space.
b. 
In the case of a use not specifically listed in the table above, the Zoning Administrator shall determine a use on the table that is substantially similar to that proposed, and apply the accompanying off-street parking requirement.
c. 
No part of required off-street parking facilities shall be included as parking required for another structure or use, except as provided in subsection 5, below.
d. 
In the case of multiple principal uses located on a single lot or tract of land, the total required off-street parking shall equal the sum of the parking required for each of the various uses calculated separately. Except as provided in subsection 5 below, required off-street parking for one use shall not be considered as required off-street parking for any other use.
e. 
For the purpose of computing off-street parking requirements for various retail trade activities, floor area shall mean the gross floor area used or intended to be used for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not mean floors or parts of floors used principally for non-public purposes, such as the storage, incidental repair, processing or packaging of merchandise, for show windows, or for offices incidental to management or maintenance. Fitting rooms, dressing rooms and alteration rooms shall also be excluded from the definition of floor area for the purpose of computing off-street parking requirements for various retail trade activities.
f. 
Where an open surface is consistently used for an activity allowed by the zoning district where it is situated, such open area shall be considered the same as if it were floor area within a building.
g. 
In no circumstance shall new construction or installation of any principal building on a lot require any less than 2 off-street parking spaces to be provided in accordance with this Section.
4. 
Location of Off-Street Parking Facilities
a. 
All required off-street parking spaces shall be located on the same lot or tract of land as the building and/or activity they are intended to serve, except as provided below.
b. 
The use of remote or off-premises parking shall be allowed to satisfy the requirements of this Section, including shared parking. Such parking shall be located no more than 400 feet from the facility or activity requiring such parking, and a permanent parking easement shall be secured and legally recorded. Remote or off-premises parking shall comply with all of the standards of this Section.
c. 
Required off-street parking spaces may be separated by an alley no more than 30 feet wide, from the same lot or tract of land as the building and/or activity which those off-street parking spaces are intended to serve.
5. 
Shared Parking
Developments or uses with different operating hours or peak business periods may share off-street parking spaces if approved as part of an Alternative Access and Parking Plan and if the shared parking complies with the all of following standards.
a. 
Shared parking spaces must be located within 400 feet of the primary entrance of all uses served, measured along the shortest legal, practical walking route.
b. 
A shared parking analysis shall be submitted to the Zoning Administrator, clearly demonstrating the feasibility of shared parking. The study must address, at a minimum, the size and type of the proposed development, the composition of users of the development sharing off-street parking, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. A shared parking analysis found not acceptable by the Zoning Administrator may be appealed to the City Council.
c. 
A shared parking plan shall be enforced through written agreement among all owners of record. An attested copy of the agreement between the owners of record must be submitted to the Zoning Administrator for recording. Recording of the agreement must take place before issuance of a building permit for any use to be served by an off-site parking area. A shared parking agreement may be rescinded only if all required off-street parking spaces are otherwise provided in accordance with this Section.
6. 
Maintenance and Design of Public Off-Street Parking Facilities
a. 
All required off-street parking facilities shall be adequately maintained by the owner in accordance with the specifications of this Zoning Ordinance, so as to continually provide a suitable area for off-street parking use.
b. 
The standards of this Section shall be a continuing obligation of the property owner. It shall be unlawful to discontinue, change or dispense with any required off-street parking spaces without establishing alternative parking that meets the requirements of this Section. It shall also be unlawful to use buildings or land without acquiring and developing appropriate areas for off-street parking that meet the requirements of this Section.
c. 
All areas used for required off-street parking shall be paved, unless specifically exempted by other provisions of this Section.
d. 
A curb, wheel stop or other suitable barrier may be required by the Zoning Administrator to separate off-street parking areas from public rights-of-way for streets.
e. 
All off-street parking facilities shall be so graded and drained as to suitably dispose of all surface water accumulated within the area.
f. 
Parking shall not be allowed in visual clearance triangles (see Sec. 510).
g. 
No open area in a required off-street parking area shall be consistently encroached upon by any other use, including, but not limited to refuse disposal or commercial display, sale, repair, dismantling or servicing of merchandise, materials, equipment or vehicles.
h. 
For off-street parking spaces accessory to residential uses in AO districts, where parking spaces are located greater than 50 feet from the lot line adjacent to an existing or proposed driveway approach from the public street, paved parking and a paved connection to the public street right-of-way shall not be required. An all-weather surface may be substituted for the paving requirement.
7. 
Minimum Dimensions for Off-Street Parking
Type of Parking
Width
Length
Maneuvering
 
 
 
1-Way
2-Way
90 degree angle parking
8 feet
17 feet
23 feet
23 feet
60 degree angle parking
8 feet
18 feet
18 feet
23 feet
45 degree angle parking
8 feet
17 feet
15 feet
23 feet
a. 
Minimum required parking width shall be measured perpendicular to the parking angle.
b. 
Minimum required parking length shall be measured along a line parallel to the parking angle.
c. 
Minimum required maneuvering area shall be measured behind each parking space, perpendicular to the building or parking line.
d. 
When off-street parking facilities are located adjacent to a public alley, the unobstructed width of the alley may be assumed to be a portion of the maneuvering space requirement shown above.
e. 
Any distinctly separate off-street parking area for two or fewer spaces may utilize public right-of-way for maneuvering. Otherwise, in any district, off-street parking shall not include head-in parking adjacent to a public street wherein the maneuvering is done.
f. 
Where off-street parking facilities are provided in excess of the minimum amounts specified, or where off-street parking facilities are provided but not required by this Section, said facilities shall comply with the minimum requirements for parking and maneuvering space herein specified.
8. 
Vehicle Stacking Areas
A minimum number of off-street stacking spaces shall be provided as follows:
Activity Type
Minimum Spaces
Measured From
Bank teller lane
4
Teller or Window
Automated teller machine
3
Teller
Restaurant drive-through
4
4
Order Box
Order Box to Order Window
Carwash stall, automatic
4
Entrance
Carwash stall, self-service
3
Entrance
Gasoline pump island
2
Pump Island
Other
Determined by Zoning Administrator based on study by applicant
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
1. 
Minimum Requirements
Every nonresidential building having at least 20,000 square feet of gross floor area hereafter erected, converted, extended or enlarged, shall provide and maintain the following off-street loading spaces.
a. 
A minimum of one off-street loading space is required.
b. 
For buildings that are occupied by manufacturing, storage, goods display, retail trade, wholesale trade and other similar industrial or commercial uses, one additional space for each additional 40,000 square feet or major fraction thereof shall be required.
c. 
For offices, hotels, hospitals, schools and similar institutional uses, one additional space for each additional 60,000 square feet or major fraction thereof shall be required.
2. 
Size of Loading Space
Each required loading space shall be not less than 10 feet in width, 45 feet in length and 14 feet in height.
3. 
Location of Loading Space
a. 
All required off-street loading spaces shall be located entirely on the same lot or tract of land as the building they are accessory to.
b. 
All required off-street loading spaces shall be located entirely outside of public rights-of-way for streets and alleys.
c. 
No open area in a required off-street loading area shall be consistently encroached upon by any other use, including but not limited to refuse disposal, required off-street parking and maneuvering area, or the commercial display, sale, repair, dismantling or servicing of merchandise, materials, equipment or vehicles.
d. 
In no case shall off-street parking or vehicle stacking spaces required by this Zoning Ordinance be part of the area used to satisfy off-street loading requirements.
e. 
Access to required loading spaces shall be provided by nearby alleys and public streets, and preferably by means of exclusive service drives for trucks.
4. 
Maintenance and Design of Off-Street Loading Spaces
a. 
All required off-street loading spaces shall be adequately maintained by the owner, in accordance with the specifications of this Zoning Ordinance, so as to continually provide a suitable area for off-street loading.
b. 
The standards of this Section shall be a continuing obligation of the property owner. It shall be unlawful to discontinue, change or dispense with any required off-street loading spaces without establishing alternative loading areas that meet the requirements of this Section. It shall also be unlawful to use buildings or land without acquiring and developing appropriate areas for off-street loading space that meet the requirements of this Section.
c. 
All areas used for required off-street loading shall be paved in accordance with minimum paving standards of this Zoning Ordinance.
5. 
Existing Loading Space
Loading space being maintained in connection with any existing principal use of a building on the effective date of this Zoning Ordinance shall thereafter be maintained so long as the building remains, unless equivalent replacement space is provided conforming to the requirements of this Section; provided, however, that maintenance of more loading spaces than are herein required for new construction shall not be required.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)
The supporting structure of an open carport shall not be located within required front or side yards, except as set forth in this Section. Carports in required yards may be approved as an administrative adjustment in accordance with the provisions of Sec. 202, provided the standards of the following subsections 1, 2 and 3 are met.
1. 
Location
a. 
There is no other practical location on the subject property for a carport that would meet the minimum yard requirements established for the particular zoning district in which the subject lot is located.
b. 
In order to allow a carport to encroach within the required front yard, a previously constructed carport located within a required front yard must exist on a lot on the same or opposing block face.
c. 
The proposed carport must be compatible with the neighborhood and will not negatively affect other nearby properties.
2. 
Construction
Construction of a carport in a required yard shall conform to all of the following criteria:
a. 
The front face of the roof shall be set back at least 10 feet from the front property line, and shall be separated by at least 15 feet from the back of the street curb (or edge of the street pavement if a curb does not exist) and shall not extend more than 18 feet into the minimum front yard required on the subject lot.
b. 
The roof edge and vertical structural supports for any carport shall not be located closer than two feet to the side property line.
c. 
A minimum of 7-1/2 feet from the finished floor level of any carport situated within the minimum front or side yard required on the lot shall be open and unencumbered by any walls, screening or glazing on the sides or front of the structure, except as may be necessary for vertical structural supports which shall be no greater than 12 inches in width or diameter, or unless the carport borders the side wall of the house, in which case that one side of the carport may be enclosed by the wall of the house.
d. 
No more than 20 percent of the minimum front yard area required on a lot shall be covered by the roof on a carport allowed by this Section.
3. 
Continuing Compliance
Any carport authorized in accordance with this Section to extend into minimum required front or side yards shall be subject to continuing compliance with the following requirements.
a. 
The minimum clearance required on the sides of any such carport (along that portion which extends into required yards) shall continually remain open and unencumbered by any walls, screening or glazing.
b. 
The area underneath any such carport shall continually remain clear of any junk, household trash, yard trash, debris or any and all other objectionable unsightly matter, as generally required by the ordinances of the City of New Deal.
4. 
Existing Carports
Existing carports which encroach into minimum front or side yards required by this Zoning Ordinance shall be exempted from the requirements of this Zoning Ordinance intended to prevent the installation of carports within minimum front or side yards, subject to each such carport’s compliance with all the following conditions.
a. 
The carport was completed at that location prior to January 1, 2003.
b. 
The carport does not encroach into the public right-of-way, into an easement specifically designated to be open or unencumbered by buildings, or onto an adjacent lot.
c. 
The carport is set back a minimum of 5 feet from the back of a curb bordering pavement in an adjoining street right-of-way or, if a curb does not exist, from the edge of pavement in that adjoining street right-of-way.
d. 
The carport is structurally sound, in the opinion of the Building Official.
e. 
The carport is substantially open and unencumbered by side walls, screening or glazing in any of the minimum front or side yards required by this Zoning Ordinance.
f. 
The area underneath any such carport is and remains continually clear of any junk, household trash, yard trash, debris or any and all other objectionable matter.
g. 
The carport is accessory to a principal building located on the same lot as that carport, regardless of whether that carport is attached to or detached from the principal building.
5. 
Carports Considered Legally Nonconforming
a. 
Existing carports which encroach into minimum required front or side yards and which were installed before enactment of minimum yard requirements shall be considered legally nonconforming.
b. 
Any existing carports which encroach into minimum front or side yards required by this Zoning Ordinance and which were authorized in accordance with a variance or special exception duly approved by the City Council shall also be considered legally nonconforming.
c. 
In no case shall this Section be construed to legitimize any carport encroaching into a public right-of-way, into an easement specifically designated to be open or unencumbered by buildings, or onto an adjacent lot.
(Ordinance 151 adopted 3/24/03; Ordinance 151A adopted 7/27/09)