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.
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)