Location of Parking Facilities.

Residential Uses. The required parking facilities for residential uses set forth in Section 9-2.1103 of this article shall be located on the same lot or parcel of land as the use such parking facilities are intended to serve. Such facilities shall be conveniently accessible and located at a place where the erection of garages or carports is permitted.

Uses Other Than Residential. The required parking facilities for uses other than residential set forth in said Section 9-2.1103 shall be located:

(i)

On the same lot or parcel of land as the use such parking facilities are intended to serve;

(ii)

On a lot or parcel of land held under joint ownership provided such parking facilities are located adjoining the uses served; or

(iii)

On a lot or parcel of land separated only by an alley from the lot or parcel of land on which the uses served are located provided:

(aa)

Such lots or parcels of land are in the same or joint ownership and separated only by an alley;

(ab)

Such lots or parcels of land would be contiguous for a distance of not more than 20 feet if not separated by such alley;

(ac)

Direct vehicular passage between such lots or parcels of land would be possible in conformity with the provisions of Subsection (c)(1) of Section 9-2.1106 of this article in the event the alley is vacated; and

(ad)

Such parking facilities are in close proximity to the actual uses served.

(b)

Location of Loading Facilities. The required loading facilities shall be located on the same lot or parcel of land as the use served.

(c)

Ingress and Egress. The required parking and loading facilities shall be provided with easily accessible and adequate ingress and egress from and to a street, highway, or alley as set forth in this article.

(d)

Reductions and Encroachments.

(1)

Land within the right-of-way of a proposed street or highway or within the planned ultimate right-of-way of a street or highway proposed to be widened shall not be used to provide the required parking or loading facilities.

(2)

Where vehicular access to a garage, carport, or automobile storage space on the same lot or parcel of land as the residential structure to which such parking facility would be accessory is not possible from any street, highway, or alley due to topographical or other conditions, or is so difficult to achieve that to require such access is unreasonable in the opinion of the Commission, such garage, carport, or automobile storage space shall not be required if:

(i)

Alternate parking facilities approved by the Commission are provided; or

(ii)

The Commission finds that alternate parking facilities are not feasible.

(3)

The required parking or loading facilities may not be reduced or encroached upon under the following circumstances, except with the approval by the Commission:

(i)

The required parking and loading areas may be reduced by the amount to which an equivalent space, similarly situated and subject to the same or current standards, conditions, and limitations, is provided for the use to which such facilities are appurtenant.

(ii)

Where the floor area of a building is reduced, the area devoted to the required parking and loading facilities based on the floor area of such building may be proportionately reduced.

(Ord. 159, § 75.01)

§ 9-2.1102 Shared Parking and Loading Facilities.

(a)

For Uses on Separate Lots or Parcels of Land. The required number of parking spaces for two or more buildings or uses may be provided collectively on separate lots or parcels of land provided the total number of parking spaces provided does not equal less than the combined requirements for the individual uses, unless otherwise provided in Subsections (c) and (d) of this section.

(b)

For Uses with Varying Requirements Located on the Same Lot or Parcel of Land.

(1)

In the event uses having varying parking and loading requirements are located on the same lot or parcel of land, the parking spaces provided, including the collective parking facilities, shall, except as provided in Subsections (c) and (d) of this section, equal the sum total of the requirements for the various individual uses computed separately in accordance with the provisions of this article.

(2)

Except as provided in Subsections (c) and (d) of this section, the parking and loading spaces designated for one use may not be counted or considered as also providing the required parking or loading for any other use.

(c)

Shared Parking for Certain Large Developments Having Disparate Uses. Properties located in the Commercial Planned Development (CPD) Zone, the Commercial General (C-G) Zone, the Commercial Service and Professional (CSP) Zone, the Light Manufacturing (M-1) Zone and the Heavy Manufacturing (M-2) Zone shall be eligible to count off-street parking spaces for more than one business or use under the following conditions and in accordance with the following procedures:

(1)

Eligible Properties. To be eligible for the standards contained in this Subsection (c), the property that is the subject of the application must be located in one of the zoning districts listed in this Subsection (c) and must satisfy all of the following additional criteria:

(i)

Consist of one or more lots or parcels of land that are either under common ownership or subject to a reciprocal parking agreement that allows for parking spaces on one parcel to be used by customers for businesses located on another lot or parcel;

(ii)

The lot or parcels are located south of Artesia Boulevard; and

(iii)

The structures on the site have a floor area of not less than 20,000 square feet. For purposes of calculating the required 20,000 square feet of floor area, the area on an open-air balcony or patio that is covered with a fixed roof and supported by posts or columns, shall be counted towards meeting the required minimum of 20,000 square feet. Areas underneath eaves or other projections or beyond walls, posts or columns shall not be counted towards meeting the 20,000 square foot floor area requirement.

(2)

Procedures and Findings. Property owners or businesses seeking to have shared parking under this Subsection (c) of this section must apply for a conditional use permit, which permit must be processed and approved in accordance with the procedures set forth in Article 17 of this chapter, except that such permit shall only be the subject of a recommendation from the Planning Commission and will require the approval of the City Council. In addition to the standard criteria for the approval of a conditional use permit, a conditional use permit for shared parking shall only be granted if the City Council also finds all of the following criteria to be satisfied:

(i)

The provisions of this Subsection (c) have been satisfied;

(ii)

A parking demand study has been prepared by a licensed traffic engineer, and that study shows, to the satisfaction of the City Council, that there are disparate uses existing or proposed on the site that will generate peak parking demands at different times of the day, and that at no one time in the day or evening, the number of parking spaces proposed for shared parking will cause a shortage of available on-site parking;

(iii)

The number of parking spaces that are permitted to be counted for more than one use does not exceed 30% of the total number of parking spaces required for the uses on the property;

(iv)

The property owner or business owner has improved or proposes to improve the parking lot and surrounding open space areas with all of the following amenities:

(aa)

A fountain or sculpture to the dimensions and character approved by the City,

(ab)

An outdoor public seating area with tables, chairs or benches covering an area of not less than 5% of the total land area of the parking lot area,

(ac)

Decorative paving treatments at the ingress and egress points to the parking lot, at pedestrian crossing areas, and along internal pedestrian walkway areas,

(ad)

Additional landscaping exceeding by 50% the amount of landscaping for the property required under other provisions of this chapter,

(ae)

Decorative or ornamental parking lot lighting fixtures,

(af)

The building façades facing the street and parking lot area shall be of the highest quality design, include articulation and embellishment in the building plane, vertical variation in the roof line, use of high quality building materials, and shall incorporate colonnades, awnings or other architectural features that provide outdoor pedestrian shelter and encourage pedestrian window shopping, and

(ag)

The applicant shall pay a fee, in an amount to be determined by resolution of the City Council, to pay for area-wide public parking improvements;

(v)

The City Council may impose conditions necessary to ensure the appropriate use of shared parking on the property that is the subject of the application.

(d)

Collective Parking for Certain Large Developments Having Disparate Uses. In the Commercial Planned Development (CPD) Zone or the Commercial Service and Professional (CSP) Zone, the required number of parking spaces for two or more buildings or uses that are proposed to be provided collectively, whether on the same lot or parcel or on separate lots or parcels, may be counted and considered as providing the required parking or loading for other uses on those same parcels or lots of land only under the following circumstances:

(1)

The two or more lots or parcels are located immediately adjacent to each other, are held under common ownership, and driveway access exists between those lots or parcels;

(2)

The two or more lots or parcels have a combined size of not less than two acres;

(3)

At least 75% of the total floor area of the buildings on the two or more lots are devoted to office and professional uses; and

(4)

The use that seeks to utilize the parking required for the other uses on the site is a nightclub and the nightclub does not commence operation before 9:00 p.m. on any day.

(Ord. 159, § 75.02; Ord. 621 § 3; Ord. 641, § 6)

§ 9-2.1103 Parking Spaces Required.

The following parking spaces shall be required:

(a)

Residential Uses.

(1)

Uses Principally Permitted in the Single-Family Residential (R-1) Zone. Except for single-family residential uses in the Multiple Density Residential (M-D-R) Zone, which shall satisfy the off-street parking requirements set forth in Section 9-2.2953(f), and legal nonconforming dwelling units that satisfy the off-street parking requirements in Section 9-2.2102(c)(3), uses principally permitted in the Single-Family Residential (R-1) Zone shall provide off-street parking spaces as follows:

(A)

General Rules. One parking space available for the parking of a motor vehicle shall be provided for each bedroom in a one-family dwelling, except as otherwise provided in Subsection (a)(1). For purposes of this Subsection (a)(1), "bedroom" shall mean any room, other than a living room, dining room, kitchen, bathroom, or laundry room, that is at least 70 square feet in size, can be closed off from hallways or other rooms by way of doors, and is designed or reasonably suitable for use as sleeping quarters. When an unenclosed paved parking space in front of a garage is permitted to be counted toward the minimum off-street parking space requirement, the parking space shall be comprised of a paved pad designed so that an automobile can be parked on it, and the distance between the garage and the public right-of-way shall be at least 20 feet.

(B)

Lots with a Minimum Width of Fifty Feet or Greater.

(i)

New One-Family Dwellings. For one-family dwellings constructed after (August 16, 2005) on lots with a minimum width of 50 feet or greater, the following standards shall apply:

For two or fewer bedrooms, there shall be two enclosed parking spaces in a garage.

For three bedrooms, there shall be two enclosed parking spaces in a garage and one paved parking space in front of the garage.

For four bedrooms, there shall be three enclosed parking spaces in a garage and one paved parking space in front of the garage.

For five bedrooms, there shall be three enclosed parking spaces in a garage and two paved parking spaces in front of the garage, or the number of off-street parking spaces specified in the conditional use permit issued for the development pursuant to Section 9-2.2804(d).

For six bedrooms, there shall be three enclosed parking spaces in a garage and three paved parking spaces in front of the garage, or the number of off-street parking spaces specified in the conditional use permit issued for the development pursuant to Section 9-2.2804(d).

For seven bedrooms, there shall be four enclosed parking spaces in a garage and three paved parking spaces in front of the garage, or the number of off-street parking spaces specified in the conditional use permit issued for the development pursuant to Section 9-2.2804(d).

For eight bedrooms, there shall be four enclosed parking spaces in a garage and four paved parking spaces in front of the garage, or the number of off-street parking spaces specified in the conditional use permit issued for the development pursuant to Section 9-2.2804(d).

(ii)

Additions or Expansions to Add One or More Bedrooms. For additions or expansions to one-family dwellings that existed prior to the effective date of this Subsection (a)(1) (August 16, 2005), where the addition or expansion includes one or more bedrooms, and which are located on lots with a width of 50 feet or greater, the standards set forth in Subsection (a)(1)(B) shall apply, except that for an existing dwelling that currently has three bedrooms and is proposed to be increased to four bedrooms, there shall be two enclosed parking spaces in a garage and two paved parking spaces in front of the garage provided the total square footage of the addition or expansion does not exceed 50% of the floor area of the previously existing dwelling.

(C)

Lots Less Than Fifty Feet in Width But Greater Than Twenty-five Feet in Width. For new one-family dwellings constructed after (August 16, 2005) on lots less than 50 feet in width but more than 25 feet in width, and for additions or expansions to one-family dwellings that existed prior to the effective date of this Subsection (a)(1) (August 16, 2005) on lots less than 50 feet in width but more than 25 feet in width, the following standards shall apply:

(i)

For two or fewer bedrooms, there shall be two enclosed parking spaces in a garage.

(ii)

For three bedrooms, there shall be two enclosed parking spaces in a garage and one paved parking space in front of the garage.

(iii)

For four bedrooms, there shall be two enclosed parking spaces in a garage and two paved parking spaces in front of the garage.

(iv)

(v)

For more than five bedrooms, there shall be a minimum of three enclosed parking spaces and three paved parking spaces in front of the garage, or the number of off-street parking spaces specified in the conditional use permit issued for the development pursuant to Section 9-2.2804(d).

(D)

Lots Twenty-five Feet in Width or Less.

(i)

New One-Family Dwellings and Additions or Expansions to Existing Dwellings. For new one-family dwellings constructed after (August 16, 2005) on lots 25 feet in width or less, and for additions or expansions to one-family dwellings that existed prior to the effective date of this Subsection (a)(1) (August 16, 2005) on lots 25 feet in width or less, the following standards shall apply:

For one bedroom, there shall be one enclosed parking space in a garage.

For two or three bedrooms, there shall be one enclosed parking space in a garage and one paved parking space in front of the garage.

For four bedrooms, there shall be two enclosed parking spaces in a garage and one paved parking space in front of the garage.

For five bedrooms, there shall be two enclosed parking spaces in a garage and two paved parking spaces in front of the garage, or the number of off-street parking spaces specified in the conditional use permit issued for the development pursuant to Section 9-2.2804(d).

For more than five bedrooms, there shall be a minimum of two enclosed parking spaces in a garage and two paved parking spaces in front of the garage, or the number of off-street parking spaces specified in the conditional use permit issued for the development pursuant to Section 9-2.2804(d).

(E)

Summary Chart or Off-Street Parking Requirements for Single-Family Residential Uses. The following chart summarizes the parking requirements for principally permitted uses in the Single-Family Residential (R-1) Zone. In the event of a conflict between the text of this Subsection (a)(1) and the following chart, the provisions of the text shall control.

Principally Permitted Single-Family Residential Uses in the Single-Family Residential (R-1) Zone Required Off-Street Parking Spaces
No. of Bedrooms	Width of Lot
No. of Bedrooms	50 Feet or Greater	More than 25 Feet—Less than 50 Feet	25 Feet or Less
1	2 Enclosed1	2 Enclosed	1 Enclosed
2	2 Enclosed	2 Enclosed	1 Enclosed + 1 Paved²
3	2 Enclosed + 1 Paved	2 Enclosed + 1 Paved	1 Enclosed + 1 Paved
4 (New Residence)	3 Enclosed + 1 Paved	2 Enclosed + 2 Paved	2 Enclosed + 1 Paved
4 (Addition or Expansion)³	2 Enclosed + 2 Paved	2 Enclosed + 2 Paved	2 Enclosed + 1 Paved
5⁴	3 Enclosed + 2 Paved	3 Enclosed + 2 Paved	2 Enclosed + 2 Paved
6⁴	3 Enclosed + 3 Paved	3 Enclosed + 3 Paved (Minimum)	2 Enclosed + 2 Paved (Minimum)
7⁴	4 Enclosed + 3 Paved	3 Enclosed + 3 Paved (Minimum)	2 Enclosed + 2 Paved (Minimum)
8⁴	4 Enclosed + 4 Paved	3 Enclosed + 3 Paved (Minimum)	2 Enclosed + 2 Paved (Minimum)

Notes:
1.	The term "Enclosed" means the parking space is enclosed in a garage.
2.	The term "Paved" means the parking space is not enclosed but is comprised of a paved pad located in front of the garage and designed so that an automobile can be parked on it, provided that the distance between the garage and the public right-of-way is at least 20 feet.
3.	This applies to additions or expansions to an existing dwelling in accordance with Subsection (a)(1)(B)(ii) to add one bedroom to an existing three bedroom home.
4.	For dwellings with five or greater bedrooms, the number of indicated parking spaces shall be provided, or the number of off-street parking spaces specified in the conditional use permit issued for the development pursuant to Section 9-2.2804(d).

(F)

Exemption for Additions or Expansions That Do Not Include Bedrooms. The standards set forth in subparagraphs (B), (C), (D) of paragraph (1) of Subsection (a) of this Section 9-2.1103 shall not apply to additions or expansions to one-family dwellings that existed prior to February 1, 2007 that meet all of the following requirements:

(i)

The addition or expansion does not exceed 50% of the floor area of the previously existing dwelling;

(ii)

The addition or expansion to the previously existing dwelling does not result in a net increase in the number of bedrooms that existed prior to the addition or expansion of the dwelling.

(2)

Two-Family Dwellings, Three-Family Dwellings, and Apartment Houses.

(A)

For two-family dwellings, three-family dwellings, and apartment houses, off-street parking shall be provided in a garage in the following amounts and ratios, with any fractions rounded down to the nearest whole number:

(i)

For dwelling units with two or fewer bedrooms, there shall be two enclosed parking spaces per dwelling unit;

(ii)

For dwelling units with three bedrooms, there shall be two and one-half (2 1/2) enclosed parking spaces per dwelling unit;

(iii)

For dwelling units with four bedrooms, there shall be three enclosed parking spaces per dwelling unit; and

(iv)

For dwelling units with more than four bedrooms, there shall be two enclosed parking spaces per dwelling unit and 1/2 enclosed parking space for each bedroom in a dwelling unit above the first two bedrooms.

(B)

Guest Parking for Four or More Dwelling Units and Apartment Houses. In addition to the required off-street parking spaces set forth in Subsection (a)(2)(A) of this section, lots or parcels with four or more dwelling units or apartment houses shall provide guest parking in an unenclosed space in the following amounts and ratios, with any fractions rounded down to the nearest whole number:

(i)

One guest parking space for developments with four or more dwelling units and for apartment houses, with one additional guest parking space required for each three units after the fourth unit. (Examples: four unit development = one guest parking space; five unit development = one guest parking space; six unit development = one guest parking space; seven unit development = two guest parking spaces; eight unit development = two guest parking spaces; nine unit development = two guest parking spaces; 10 unit development = three guest parking spaces.)

(3)

Clubs, Fraternity and Sorority Houses, Rooming and Boardinghouses, and Similar Structures Having Rooms. For clubs, fraternity and sorority houses, rooming and boardinghouses, and similar structures having rooms there shall be two parking spaces for each three guest rooms. In dormitories, each 100 square feet shall be considered equivalent to a guest room.

(4)

Hotels. For hotels there shall be one parking space for each guest room.

(5)

Motels and Motor Hotels. For motels and motor hotels there shall be one parking space for each sleeping room and 1/2 space per kitchen unit.

(b)

Commercial Uses.

(1)

Automobile Sales, Boat Sales, Trailer Sales, Retail Nurseries, and Other Open Uses Not in a Building or Structure. For automobile sales, boat sales, trailer sales, retail nurseries, and other commercial open uses not in a building or structure there shall be one parking space for each 1,000 square feet of open area devoted to displays or sales; provided, however, where such area exceeds 10,000 square feet, only one parking space need be provided for each 5,000 square feet of such area in excess of the first 10,000 square feet contained in such area or one space for each two employees, whichever is greater.

(2)

Bowling Lanes. For bowling lanes there shall be three parking spaces for each lane.

(3)

Business, General, and C-S-P, C-N, and C-G Zones. For general commercial businesses in the C-S-P, C-N, and C-G Zones there shall be one parking space for each 250 square feet of floor area.

(4)

Churches, Temples, Synagogues, Chapels, Mortuaries, and other Places of Public Assembly. For churches, temples, synagogues, chapels, mortuaries, and other places of public assembly there shall be one parking space for each three fixed seats within the main auditorium, or one space for every 35 square feet of seating area within the main auditorium where there are no fixed seats. A seat shall mean 18 lineal inches of seating space when seats are arranged in rows or pews.

(5)

Indoor Swap Meets. For indoor swap meets, there shall be one space for each 150 square feet of floor area devoted to indoor swap meet vendor spaces.

(6)

Motion Picture Theater.

(i)

For motion picture theaters with fixed seats, the parking required for the establishment shall be the greater of either of the following:

(aa)

One parking space for each three fixed seats plus five employee parking spaces for the first screen and two additional employee parking spaces for each additional screen; or

(bb)

One parking space for each three persons allowed under the maximum occupancy load for the proposed establishment, as calculated pursuant to the Building Code of the City of Artesia, provided, however, that the occupancy load ratio for purposes of this parking requirement shall be one person for each 15 square feet of floor area.

(ii)

For motion picture theaters without fixed seats, there shall be one parking space for each 35 square feet in the establishment, plus employee parking spaces, as specified in paragraph (i) (aa) of this subparagraph (6).

(7)

Offices, Business, and Professional. For business and professional offices there shall be one parking space for each 300 square feet of floor area.

(8)

Restaurants, Cafés, Night Clubs, Bars, Cocktail Lounges and Other Similar Places Dispensing Food or Refreshments. Restaurants, cafés, night clubs, bars, cocktail lounges and other similar places dispensing food or refreshments shall provide off-street parking as follows:

LARGE PROPERTIES (45,000 s.f. or greater)	TYPE OF RESTAURANT/USE	PARKING REQUIREMENTS
A. Large Properties (45,000 s.f. or greater). Properties with one or more buildings totaling at least 45,000 square feet of gross floor area:	(1) Restaurants	1/200. One parking space for each 200 square feet of gross floor area.
	(2) Take-out restaurants including, but not limited to, coffee, ice cream, yogurt, juice, beverage and doughnut shops, bakeries, deli, sandwich and specialty food shops	1/250. If no customer seating, then one parking space for each 250 square feet of gross floor area.
	(3) Night clubs, bars, cocktail lounges, and areas in which live entertainment is provided, and similar uses, including areas in which any such use occurs in a restaurant	1/60. One (l) parking space for each 60 square feet of gross floor area. In no event shall less than 10 parking spaces be provided for such use.
MEDIUM PROPERTIES (20,000—45,000 s.f.)	TYPE OF RESTAURANT/USE	PARKING REQUIREMENTS
B. Medium Properties (20,000 to 45,000 s.f.). Properties with one or more buildings totaling 20,000 or more but less than 45,000 square feet of gross floor area:	(1) Restaurants	1/175. One parking space for each 175 square feet of gross floor area.
	(2) Take-out restaurants including, but not limited to, coffee, ice cream, yogurt, juice, beverage and doughnut shops, bakeries, deli, sandwich and specialty food shops	(a) 1/250. If the take-out restaurant has no customer seating, then one parking space for each 250 square feet of gross floor area. (b) 1/200. If the take-out restaurant is less than 1,500 square feet of gross floor area and has not more than 600 square feet of customer seating, then one parking space for each 200 square feet of gross floor area.
	(3) Night clubs, bars, cocktail lounges, and areas in which live entertainment is provided, and similar uses, including areas in which any such use occurs in a restaurant	1/60. One parking space for each 60 square feet of gross floor area. In no event shall less than 10 parking spaces be provided for such use.
SMALL PROPERTIES (less than 20,000 s.f.)	TYPE OF RESTAURANT/USE	PARKING REQUIREMENTS
C. Small Properties (less, than 20,000 s.f.). Properties with one or more buildings totaling less than 20,000 square feet of gross floor area:	(1) Restaurants	1/150. One parking space for each 150 square feet of gross floor area.
	(2) Take-out restaurants including, but not limited to, coffee, ice cream, yogurt, juice, beverage and doughnut shops, bakeries, deli, sandwich and specialty food shops	(a) 1/250. If the take-out restaurant has no customer seating, then one parking space for each 250 square feet of gross floor area. (b) 1/175. If the take-out restaurant is less than 1,500 square feet of gross floor area and has not more than 600 square feet of customer seating, then one parking space for each 175 square feet of gross floor area.
	(3) Night clubs, bars, cocktail lounges, and areas in which live entertainment is provided, and similar uses, including areas in which any such use occurs in a restaurant	1/60. One parking space for each 60 square feet of gross floor area. In no event shall less than 10 parking spaces be provided for such use.
OLD DOWNTOWN AREA	TYPE OF RESTAURANT/USE	PARKING REQUIREMENTS
D. Old Downtown Area. Within the area along Pioneer Boulevard bounded by 186th Street on the north, southerly parcels of 187th Street on the south, the first alley east of Pioneer Boulevard on the east and first alley of Pioneer Boulevard on the west.	(1) Restaurants	1/250. One parking space for each 250 square feet of gross floor area.
	(2) Take-out restaurants including, but not limited to, coffee, ice cream, yogurt, juice, beverage and doughnut shops, bakeries, deli, sandwich and specialty food shops	1/250. One parking space for each 250 square feet of gross floor area.
	(3) Night clubs, bars, cocktail lounges, and areas in which live entertainment is provided, and similar uses, including areas in which any such use occurs in a restaurant	1/60. One parking space for each 60 square feet of gross floor area. In no event shall less than 10 parking spaces be provided for such use.
	ADDITIONAL REQUIREMENTS IN THE OLD DOWNTOWN AREA
	In addition to the parking requirements specified in this subsection (D), restaurants, take-out restaurants, drive-thru restaurants, nightclubs, bars, and cocktail lounges located in the "Old Downtown Area" shall be required to meet the following additional standards and requirements: 1. Not more than 50% of the total square footage of gross floor area on either side of Pioneer Boulevard in the Old Downtown Area shall be occupied by the uses covered by this section. Once this limit is obtained, no additional uses covered by this section shall be permitted in this area. 2. The application must be submitted for review and approval by the City's contract urban planning professional (architect or planner), together with a deposit of fees to pay for such review. The urban planning professional shall work with the applicant to ensure a high-quality architectural design that helps achieve the City's goal of developing a successful and vibrant destination Old Downtown Area and shall base his or her action to approve or disapprove the submittal based on the required findings for development review approval contained in Section 9-2.2005 of the Artesia Municipal Code. 3. The property owner shall eliminate rear parking lot boundary fences or walls and allow for cross-pedestrian and cross-vehicular traffic between and across adjoining parking areas, when the property is adjacent to a property used as a restaurant. 4. The property owner or applicant pays a parking facility in lieu fee in an amount set by resolution of the City Council for each parking space required for the proposed use under this section that cannot be accommodated on the property based on the existing number of on-site parking spaces and other existing and continuing uses on the property. The fee may be reduced pursuant to an agreement with the City if the property owner provides a publicly available pedestrian accessway of a minimum of five feet in width from the rear to the front of the property, subject to City staff approval.

(9)

Skating Rinks, Ice and Roller. For ice skating and roller skating rinks there shall be:

(i)

One parking space for every 100 square feet of seating area;

(ii)

One parking space for every 250 square feet of retail and snack shop area; and

(iii)

One parking space for every 1,030 square feet for the rest of the floor area.

(10)

Computer Internet Access Business. For businesses operating a computer Internet access business, there shall be one parking space for each two computer terminals that may be operated by customers, or one parking space for each 200 square feet of floor area, whichever is greater.

(11)

Car Rental Facilities. For car rental facilities there shall be one parking space for each 250 square feet of building floor area, in addition to one parking stall for each rental car stored on-site.

(12)

Billiard Halls. For billiard halls, there shall be two parking spaces for each pool table.

(13)

Sports and Recreational Facilities. For sports and recreational facilities there shall be:

(i)

One parking space for every 100 square feet of seating area;

(ii)

One parking space for every 250 square feet of retail and snack shop area; and

(iii)

One parking space for every 1,030 square feet for the rest of the floor area.

(14)

Athletic Studios. For athletic studios there shall be one parking space for every 175 square feet of gross floor area.

(15)

Outdoor Seating. Commercial uses that incorporate outdoor seating shall provide off-street parking spaces in accordance with this section, unless otherwise provided or allowed by Sections 9-2.1356(h) and 9-2.1357(j) of this Code.

(16)

Gymnasiums/Fitness Centers. For gymnasiums/fitness centers there shall be one parking space for every 200 square feet of gross floor area.

(c)

Industrial Uses.

(1)

For industrial uses of all types, except buildings used exclusively for warehouse purposes, there shall be:

(i)

One parking space for each two employees on the largest shift or for each 500 square feet of floor area, whichever is greater; and

(ii)

One parking space for each vehicle operated or kept in connection with the use.

(2)

For public utility facilities, including, but not limited to, electric, gas, water, and telegraph facilities not having business offices on the premises there shall be:

(i)

One parking space for each two employees on the largest shift; and

(ii)

One parking space for each vehicle used in connection with the use;

(iii)

A minimum of two parking spaces shall be provided for each such use, regardless of the building space or number of employees.

(3)

For buildings used exclusively for warehouse purposes there shall be one space for each two employees on the largest shift or one space for each 2,500 square feet of floor area, whichever is greater.

(d)

Other Uses.

(1)

Child Care Centers and Children's Homes. For child care centers and children's homes there shall be one parking space for each employee on the largest shift.

(2)

Hospitals. For hospitals there shall be one and one-half (1-1/2) parking spaces per patient bed.

(3)

Rest Homes, Homes for the Aged, and Sanitariums. For rest homes, homes for the aged, and sanitariums there shall be one parking space for each four residents in accordance with the residential capacity of the home as listed on the required license or permit and one parking space for each employee.

(4)

Schools, Accredited General Curriculum Through Twelfth Grade. For accredited general curriculum through twelfth grade schools there shall be:

(i)

One and one-half (1-1/2) parking spaces per classroom; and

(ii)

One parking space for each five fixed seats and for every 35 square feet of seating area where there are no fixed seats in the school auditorium, gymnasium, or similar place of assembly.

(5)

Special Uses, Including Public Uses Not Elsewhere Classified. For special uses, including public uses not elsewhere classified, the number of parking spaces shall be determined by the Commission.

(e)

Old Downtown Area Exception. Properties in that area along Pioneer Boulevard, which is bounded by 186th Street on the north, 187th Street on the south, the first alley west of Pioneer Boulevard, and the first alley east of Pioneer Boulevard, are exempt from having to satisfy the required number of parking spaces specified in this section if:

(1)

The proposed use for the property is listed as a principal use permitted in the Commercial General (C-G) Zone and is a use categorized in this section (parking) as requiring parking at a ratio that is no more intense or stringent than one parking space for each 250 square feet of floor area.

(2)

The size of the building or buildings on the property has not increased or expanded, in terms of gross square footage, since May 14, 1986 and no such expansion is proposed in connection with the proposed use.

In the event the use proposed is: (i) not a principally permitted use in the Commercial General (C-G) Zone; (ii) has a parking requirement provided in this section more intense or stringent than the ratio of one parking space for each 250 square feet of floor area; (iii) or the size of the building has increased, or is proposed to be increased, on or after May 14, 1986, then this exception shall not apply and the proposed use shall be required to meet the current parking standards set forth in this section. The burden of proof in satisfying the criteria for this exception shall be on the property owner.

(Ord. 159, § 75.05; Ord. 247, § 1; Ord. 264, § 4; Ord. 388, § 3; Ord. 417, § 1; Ord. 439, § 1; Ord. 513, § 6; Ord. 515, § 2; Ord. 517, § 6; Ord. 575, § 8; Ord. 587, § 9; Ord. 631, § 6; Ord. 634, § 6; Ord. 655, § 5; Ord. 668, § 9; Ord. 685, §§ 10, 11; Ord. 706, §§ 6—8; Ord. 08-727, § 7; Ord. 08-728, § 7; Ord. 08-736, § 10; Ord. 08-737, § 6; Ord. 09-743, §§ 7, 8; Ord. 10-755, § 7; Ord. 11-774, § 6; Ord. 13-791, § 10; Ord. 19-875, § 8; Ord. 20-893, § 4; Ord. 20-905, § 5; Ord. 19-878, § 13; Ord. 22-932, § 6; Ord. 22-934U, § 6; Ord. 24-959, 10/14/2024)

§ 9-2.1104 Parking Facilities: Site Plans.

A site plan shall be submitted to the Commission pursuant to the provisions of Article 20 of this chapter prior to the establishment of any required parking facility for three or more motor vehicles. Such site plan shall contain a detailed parking arrangement, accurately dimensioned, showing individual parking spaces not less than nine feet by 20 feet in size, with the aisles and driveways indicating adequate ingress and egress.

(Ord. 159, § 75.09)

§ 9-2.1105 Parking Facilities: Paving, Marking, Bumper Guards, Screening, Lighting, Mechanical Lifts, and Outdoor Dining and Seating Safety Standards.

(a)

Paving. The required parking spaces, maneuvering areas, and any driveway used for access thereto shall be paved with:

(1)

Concrete surfacing to a minimum thickness of three and five-eighths (3-5/8) inches and shall include expansion joints as necessary; or

(2)

Asphalt type surfacing compacted to a minimum thickness of one and one-half (1-1/2) inches, laid over a base of crushed rock, gravel, or other similar material compacted to a minimum thickness of three inches.

(b)

Marking of Parking Spaces. Wherever two or more motor vehicles require parking spaces, each space shall be clearly marked with paint or other easily distinguishable material. Each small car parking space shall be clearly marked "SMALL CAR ONLY."

(c)

Bumper Guards and Wheel Stops. Bumper guards or wheel stops, where appropriate, shall be provided for all the required motor vehicle parking spaces, except spaces established in a garage or carport.

(d)

Walls for Side and Rear Yards. Where the required parking facilities for three or more motor vehicles are located on land adjoining a residential or agriculture zone, such parking facilities shall have a solid masonry wall, not less than five feet nor more than six feet in height, established along the side and rear lot lines adjoining such zones; provided, however:

(1)

Where such wall is located within 10 feet of any street, highway, or alley and would interfere with the line of sight of the driver of a motor vehicle leaving the property on a driveway, or moving past a corner at the intersection of two streets or highways, such wall shall not exceed a height of 42 inches.

(2)

Such wall shall be not less than six feet in height above the surface of the adjoining property.

(e)

Lighting. The lighting for outdoor parking areas shall be arranged to prevent glare or directed illumination in any adjacent residential or agricultural zone.

(f)

Any portion of any lot or parcel which is used by a business for the commercial sale or storage of new or used vehicles including, but not limited to, automobiles, trucks, recreational vehicles, boats and trailers, shall be paved in accordance with the provisions of Subsection (a) of this section.

(g)

Notwithstanding any other provision of this section, mechanical parking lifts may be utilized to satisfy the parking requirements contained in this Article 11, subject to the following additional requirements:

(1)

The main structure to which the use requiring off-street parking applies is no less than 15,000 square feet in area, excluding any underground parking, nor less than two stories in height, and is situated in any commercial zone. Such structure and the underlying property must be fully compliant with all provisions of this Code.

(2)

The mechanical parking lifts are used in connection with commercial building of which at least 75% of the structure is to be utilized for office, retail, and service and professional business.

(3)

Mechanical parking lifts may be utilized to satisfy no more than 20% of an applicant's or property owner's parking requirements as set forth in this Code.

(4)

Each parking lift shall be located above ground in an approved area and shall be completely screened from view from any major arterial roadway within the City and from surrounding properties.

(5)

No more than one vehicle per individual mechanical parking lift shall be permitted, and each approved mechanical parking lift, together with the underlying approved parking space, shall constitute two required parking spaces, provided all other requirements of this Code applicable to parking spaces are satisfied.

(6)

Each mechanical parking lift shall be operated only by a valet or attendant employed by an owner or tenant of the affected property authorized to operate the parking lift. Each lift shall have a security device satisfactory to the Planning Director to prevent unauthorized use.

(7)

For uses requiring a conditional use permit, a request to satisfy parking requirements by means of a mechanical parking lift shall be considered as part of the conditional use permit process. Where no conditional use permit is required, a proponent of a mechanical parking lift must obtain Development Review Board approval.

(8)

Specific mechanical parking lift design characteristics, including size, color and placement, as well as operational rules, shall be considered during the conditional use permit or Development Review Board approval process.

(h)

Outdoor Dining and Seating Safety Standards.

(1)

Vehicle Impact Protection Devices Required. Vehicle impact protection devices, as defined and described in this subsection, shall be required adjacent to parking spaces that are angled between 30 to 90 degrees relative to an immediately adjacent outdoor pedestrian seating area.

(2)

Exemptions. The installation of vehicle impact protection devices shall not be required on properties subject to Subsection (h)(1) of this section if:

(i)

The parking spaces that require vehicle impact devices are reconfigured or re-striped to eliminate front-end parking angled between 30 to 90 degrees relative to the immediately adjacent outdoor pedestrian seating area; or

(ii)

The outdoor pedestrian seating is permanently removed.

(3)

Elements of Vehicle Impact Protection Devices. Required vehicle impact protection devices shall take the form of bollards, as defined and provided below:

(i)

Bollards, posts and guard posts shall comply with all of the following requirements:

(A)

Constructed of steel or other material not less than four inches in diameter.

(B)

Spaced so that one post or bollard is provided for each parking space required to have the device, with the post or bollard located on the centerline of the parking space. The City's Planning Director may approve minor deviations to these spacing requirements to accommodate site conditions and different sizes of parking spaces or loading areas.

(C)

Set with the top of the post not less than three feet and not greater than four feet above finished grade.

(D)

Located between the vehicle parking space or drive aisle and the seating area of the building to be protected.

(E)

Such bollards or posts shall be black, grey, safety yellow, bronze, stainless steel, concrete finish or similar color, as approved by the Planning Commission or Planning Director, as applicable.

(F)

The color and design of the bollards or posts shall be consistent throughout each shopping center, unless otherwise approved by the Planning Commission for those projects subject to Planning Commission approval, or by the Planning Director for those projects exempt from Planning Commission review and approval.

(G)

Bollards or posts shall be properly maintained, including no visible rust or corrosion, and be kept in uniform alignment. Use of protective or decorative sleeves is permitted.

(4)

ADA Compliant Parking Spaces. Where a parking space is required to be ADA compliant and is located in an area of a parking lot specified in Subsection (h)(1) of this section so as to require vehicle impact protection devices adjacent to the parking space, bollards or posts may be substituted for wheel stops and the ADA signage may be mounted on a pole that is mounted or affixed to the post or bollard.

(5)

Conflicts with other Laws. In the event the terms of this subsection or its application to a particular parking lot would cause a parking lot to not comply with a provision of Federal or State law or another provision of the City's Municipal Code, City staff shall apply this subsection in a manner to carry out the provisions of both Federal and State law and the other provisions of this Code and the provisions of this subsection. When there is an irreconcilable conflict between the provisions of this subsection and the provisions of Federal or State law or other provisions of this Code, the provisions of Federal and State law and the other provisions of this Code shall prevail over this subsection and only to the extent necessary to avoid a violation of those other laws or Code provisions. If the Planning Director determines that the provisions of Federal or State law or the other provisions of this Code prevail over this subsection with respect to a particular lot or parcel, the Planning Director shall provide the owner of that lot or parcel with such determination in writing within 10 calendar days of the date of his or her determination.

(6)

Minor Adjustments. The Planning Commission or the Planning Director may approve minor modifications to the vehicle impact projection standards contained in this subsection to accommodate for the location of above ground or underground utilities or other existing or planned features of the development, provided the modifications achieve the same protections as intended by this subsection.

(7)

Amortization Periods. A property owner shall be provided between one and three years to comply with the requirements of this subsection as follows:

(i)

Reconfiguration of Parking Spaces. If a property owner does not wish to install vehicle protection devices and desires to qualify a property as exempt by reconfiguring parking spaces, the property owner shall provide the Planning Director with written notice of intent to claim this exemption within 30 calendar days following receipt of notice of the requirements of this subsection from the Planning Director. The property owner shall reconfigure or re-stripe the applicable parking spaces on or before the end of the twelfth (12th) month following the effective date of the ordinance adopting this subsection. If the parking spaces are not reconfigured or re-striped within the 12 month amortization period, the property shall be subject to and comply with the vehicle impact protection device requirements set forth in Subsection (h)(1).

(ii)

Removal of Outdoor Pedestrian Seating Areas. If a property owner does not wish to install vehicle protection devices and desires to qualify a property as exempt by removing outdoor pedestrian seating areas, the property owner shall provide the Planning Director with written notice of intent to claim this exemption within 30 calendar days following receipt of notice of the requirements of this subsection from the Planning Director. The property owner shall remove the applicable outdoor pedestrian seating areas on or before the end of the twenty-fourth (24th) month following the effective date of the ordinance adopting this subsection. If the outdoor pedestrian seating areas are not removed within the 24 month amortization period, the property shall be subject to and comply with the vehicle impact protection device requirements set forth in subsection (h)(1).

(iii)

Installation of Vehicle Impact Protection Devices. The vehicle impact protection devices required by Subsection (h)(1) shall be installed on or before the end of the thirty-sixth (36th) month following the effective date of the ordinance adopting this subsection.

(Ord. 159, § 75.08; Ord. 264, § 6; Ord. 318, § 1; Ord. 433, § 1; Ord. 610, § 6; Ord. 15-817, §§ 9, 10)

§ 9-2.1106 Parking Facilities: Dimensions, Maneuvering Areas, Driveways; Modifications, Landscaping.

(a)

Parking Space Dimensions. The minimum size of a required standard parking space shall be a width of eight and one-half (8-1/2) feet and a length of 18 feet. The minimum size of a small car parking space shall be a width of seven and one-half (7-1/2) feet and a length of 15 feet. Whenever a parking space is required by this Code, it shall be presumed a standard sized space is required unless a contrary intent is clearly indicated.

Notwithstanding the provisions of this subsection, the parking space dimensions specified herein shall not apply to any approved mechanical parking lift. However, each approved mechanical parking lift shall be located within a parking space meeting the requirements of this subsection.

(b)

Maneuvering Areas Adjacent to Parking Spaces. Maneuvering areas adjacent to the parking spaces shall be arranged in accordance with proper design standards adopted by the Commission.

(c)

Required Driveways Other Than Maneuvering Areas.

(1)

Other Than Residential Uses. Required aisles or driveways, other than maneuvering areas, to serve other than residential uses shall have a minimum width of 20 feet to accommodate one-way vehicular traffic, except as otherwise provided in this section.

(2)

Driveways for Residential Uses. Driveways, other than maneuvering areas, serving to provide vehicular access to residential uses in any zone shall conform to the following provisions:

(i)

Driveways serving not more than two dwelling units shall have a width of not less than nine feet.

(ii)

Driveways serving three or more dwelling units shall have a width of not less than 18 feet. In lieu of an 18 foot driveway, two driveways of not less than 10 feet each may be substituted. Where used, such driveways shall have directional signs provided to insure one-way ingress and egress respectively.

(d)

Turnaround Areas. Any required garage, carport, or parking space situated more than 100 feet from the street or highway from which access is taken, and served by a driveway or aisle less than 20 feet in width, shall have a motor vehicle turnaround area adjacent thereto.

(e)

Modifications of Maneuvering and Parking Space Layouts. The Commission, without notice or hearing, may grant a modification of the maneuvering area, parking space layout, or driveways required by this section where topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable situation making it impractical to require compliance with such requirements. All requests for modifications shall be subject to the provisions of Article 20 of this chapter relating to site plan review.

(f)

Required Parking Lot Landscaping. All parking areas containing five or more automobile parking spaces shall be landscaped and permanently maintained with suitable nursery stock. A detailed landscape and irrigation plan shall be submitted with the application for approval and shall clearly set forth landscaping and irrigation as required in this section. Landscaping and irrigation shall be installed in accordance with the following standards:

(1)

Required Landscaping. Subject to the provisions herein, not less than 8% of the total vehicle parking lot area shall be landscaped with minimum three foot wide (inside dimension) planters located adjacent to rights-of-way providing ingress and egress, and along the perimeter of the parking lot. The precise distribution of landscaping shall be subject to approval by the Development Review Board based upon the submitted landscape and irrigation plan.

(2)

Planting Areas. All required planting areas shall be not less than three feet in width nor eight feet in length (inside dimension) provided further that all planting areas shall be enclosed within a raised concrete planter box no less than six inches high by six inches wide unless, due to existing physical features of shorter length is deemed necessary by the Planning Director. All paved parking areas shall be separated from landscaped areas which abut a building by concrete curbing no less than six inches high by six inches wide. Notwithstanding the foregoing, concrete planter boxes serving as wheel stops shall be no less than 48 inches wide (inside dimension) to accommodate the overhang of parked vehicles.

(3)

Unusable Parking Space. Notwithstanding the provisions of Subsection (f)(2) above, all spaces within a paved parking area made unusable by reason of design or parking layout and exceeding more than 24 square feet shall be landscaped. Such landscaping shall be in addition to the minimum 8% required pursuant to paragraph (1) of this subsection and shall be set forth in the required landscape and irrigation plan.

(4)

Trees. An average of one tree, minimum 15 gallon size of species satisfactory to the Planning Director shall be planted for each five, single row parking spaces, or each 10, double row parking spaces, provided within a required parking lot.

(5)

Size and Landscape Coverage Requirements. Acceptable landscaping shall consist of a combination of trees, shrubs, and live groundcover, which groundcover shall not exceed 50% of the total landscaped area within any planter. Special consideration shall be given to such trees, shrubs and live groundcover's eventual size, spread, susceptibility to disease and pests, durability and adaptability to existing soil and climatic conditions.

(6)

Each landscaped area shall be regularly and permanently maintained so that all trees, plants and shrubs remain in a health, thriving condition. The following additional maintenance shall be regularly performed:

(i)

Aeration and dethatching of turf areas.

(ii)

Regular replenishment of mulch.

(iii)

Regular pruning and fertilizing of trees, plants and shrubs and weeding of all landscaped areas so as to maintain such areas in an appropriately trimmed and weed-free condition.

(iv)

Prompt replacement of any and all diseased, dying or dead trees, plants and shrubs.

(7)

Automatic Irrigation System Required. All required landscaping shall be irrigated by an automatic irrigation system which shall be set forth in the landscape and irrigation plan and shall be approved by the Planning Director prior to installation. All required irrigation systems shall be permanently maintained to operate in optimum, fully functioning and leak-free condition. Such maintenance shall include, but is not limited to:

(i)

Prompt adjustment, repair and/or replacement of valves, sprinkler heads and automatic controllers as necessary.

(ii)

Repair and replacement of broken water lines as necessary.

(iii)

Maintenance of static water pressure at the point of connection to the public water supply sufficient to provide adequate and regular irrigation.

(Ord. 159, § 75.06; Ord. 264, § 5; Ord. 388, § 4; Ord. 605, § 5; Ord. 610, § 7)

§ 9-2.1107 Parking Facilities: Circulation.

(a)

The required parking facilities for three or more motor vehicles shall be arranged to permit vehicular traffic to move into and out of the parking area without the backing of any motor vehicle onto a street or highway.

(b)

Parking areas having more than one aisle or driveway shall have directional signs provided in each aisle or driveway.

(Ord. 159, § 75.07)

§ 9-2.1108 Parking Facilities: Ownership.

Property on which required parking is established shall be under the same ownership as the use it is intended to serve. Any joint ownership or operation resulting from the establishment of collective parking facilities, as provided for in Section 9-2.1102 of this article, shall be construed as complying with the provisions of this section.

(Ord. 159, § 75.03)

§ 9-2.1109 Parking Facilities: Development Time.

The provisions of this article set forth the spaces and facilities required for off-street parking which shall apply at the time the subject building or structure is erected or placed on the ground. The provisions of this article shall also apply when an existing building is altered or enlarged by the addition of dwelling units or guest rooms or when the use in question is intensified by the addition of floor space, seating capacity, or change of use.

(Ord. 159, § 75.04)

§ 9-2.1110 Loading Facilities: Areas and Access: Modifications.

The following provisions shall apply to all required loading facilities:

(a)

The minimum area required for a loading space shall be not less than 250 square feet where the gross floor area of all buildings on the lot or parcel of land is not more than 20,000 square feet.

(b)

The minimum area required for a loading space shall be not less than 500 square feet where the gross floor area of all buildings on the lot or parcel of land is more than 20,000 square feet and not more than 50,000 square feet.

(c)

The minimum area required for a loading space shall be not less than 750 square feet where the gross floor area of all buildings on the lot or parcel of land exceeds 50,000 square feet.

(d)

The minimum required loading area shall be not less than 10 feet in width and 25 feet in length and shall have an unobstructed height of not less than 14 feet.

(e)

The required loading area shall be accessible from a street, highway, or alley.

(f)

The Commission, without notice or hearing, may grant a modification of the loading facilities required by this section where topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable situation making it impractical to require compliance with such requirements. All requests for modifications shall be subject to the provisions of Article 20 of this chapter relating to site plan review.

PARKING STANDARDS

(Ord. 159, § 75.10)