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Title 3 : Land Planning and Improvements
Parking, Loading, & Vehicular Areas
Parking, Loading, & Vehicular Areas
1210.01 Purpose and Applicability
Parking and loading facilities located off-street are desirable to enhance access to land uses and reduce congestion and hazards on public streets.
Such facilities are, however, often difficult to provide in neighborhoods that were developed before automobile and truck usage and the provision of off-street parking and loading became common. And the provision of off-street facilities can at times even be detrimental to the character of older parts of the City.
The provisions of this chapter therefore attempt to balance the benefits to the City of off-street parking and loading facilities with the physical and economic obstacles to their provision and with the desirability of retaining Barberton's traditional character.
This chapter sets requirements for off-street parking, loading, and other areas utilized by motor vehicles to reduce congestion and traffic hazards, provide proper access to land uses, and maintain and improve the character of business and residen-tial areas.
Applicability of the provisions of this chapter to each type of vehicular area shall be as specified below.
(1) Off-Street Parking Areas
(2) Off-Street Loading Areas
(3) Off-Street Stacking Areas
(4) All Other Vehicular Areas
1210.02 Provisions Applying to All Vehicular Areas
The requirements of this section shall apply to off-street parking areas, off-street loading areas, stacking areas, and all other vehicular areas, as defined herein.
Areas that are regularly used as parking, loading, stacking, or other vehicular areas shall be considered to be such areas whether or not formally designated for such purpose.
(b) Use of Vehicular Areas
(1) Allowable Uses
Except as otherwise provided herein, vehicular areas shall be used solely for:
A. parking or stacking of motor vehicles of patrons, residents, occupants, guests, visitors, employees, proprietors, officers, or suppliers of the use they serve
B. loading and unloading for such use
C. vehicle circulation and maneuvering
D. other customary accessory uses thereto, and
E. temporary parking by authorized construction, maintenance, or repair personnel or public service or utility personnel.
(2) Specifically Prohibited Uses
Except as permitted in division (b)(3), there shall be in vehicular areas no:
A. offering or display of vehicles or other merchandise for sale, rent, or lease, or
B. storage of any kind, or
C. motor vehicle dismantling, repair, restoration, or servicing work, nor storage of vehicles undergoing such work.
Uses prohibited in division (b)(2) shall be permitted as provided herein.
A. Vehicle sale, rental, storage, or repair shall be permitted respectively on the premises of lawful businesses engaged in such sale, storage, or repair, subject to division 1130.01(c)(2)
B. Vehicle repair shall be permitted to repair or service a disabled vehicle for no more than 72 hours in emergency situations
C. Retail sales shall be permitted in a parking structure as:
1. incidental retail that is an Accessory Use for the convenience of parkers, such as vending machines or a newsstand, or
2. ground floor retail uses within a parking structure, where such uses are allowed by the regulations of the applicable district.
D. Any prohibited use shall be permitted as an incidental non-commercial Accessory Use to single- and two-family detached or attached or townhouse dwellings or as otherwise permitted under City regulations, except that only incidental servicing, as defined herein, of motor vehicles shall be so permitted
E. Any prohibited use may be allowed as a Temporary Use under division (b)(4) of this Section.
(4) Temporary Uses
Vehicular areas shall be used temporarily for other than the purposes specified in division (b)(1)--such as for carnivals, farmers' markets, or Christmas tree or other merchandise sales--only if authorized as a Temporary Use under division 1310.04(a).
(c) Grading and Surfacing
All permanent vehicular areas shall be graded for proper drainage. Storm water runoff shall be discharged into City storm sewers or in an-other manner approved by the Service Director.
Except as provided in division (c)(2), all new vehicular areas shall be surfaced with Portland cement concrete, asphaltic concrete, brick, paving block, or other all-weather, dust-free, hardsurfaced material approved by the Building Commissioner, not including gravel or loose fill. All driveway approaches must be approved by the City Engineer.
Load bearing capacity for loading area surfacing shall be as approved by the Service Director.
A. I-3 District
On a lot in the I-3 Heavy Industrial District, no surfacing shall be required for any part of a vehicular area located more than 200 feet from a Residential District.
B. Deficient Storm Water Facilities
The requirement for surfacing shall be deferred on a property if the Service Director determines that City storm sewers or other drainage facilities are currently inadequate to handle the run-off that would be added by the surfacing.
Surfacing shall be required at such time as facilities have been provided adequate to handle such runoff.
All vehicular areas shall be maintained free of dust, trash, and debris.
Vehicular areas in current use shall be cleared of snow within a reasonable time after snowfalls.
The surfacing, curbing, wheel stops, lighting fixtures, marking, signage, and related appurtenances shall be maintained in good condition so long as such areas are used as vehicular areas.
(e) Landscaping and Screening
Landscaping and screening of vehicular areas shall be as provided in Chapter 1220, Landscaping and Screening.
(f) Driveways and Curb Cuts
Driveways to vehicular areas shall be subject to the provisions of division 1240.02(f) in Chapter 1240, Other Planning and Improvements Standards.
(Ord. 50-2001. Passed 4-23-01.)
1210.03 Provisions Applying to Parking and Loading Areas
(1) To Uses
Off-street parking and loading shall be provided in conformance with Tables 1210A - 1210D and other provisions herein for:
A. all uses established after the date of effect of this chapter, and
B. all existing uses that are conforming in the number of parking spaces and that are:
1. enlarged or expanded, or
2. otherwise changed in density, intensity, capacity, or other measure that determines requirements hereunder, or
3. changed to any other use to which different parking or loading requirements herein apply.
No additional spaces shall be required for expansion or change of a use if the standards herein would require an increase over the spaces already provided of below 15 percent.
Parking for changed, enlarged, or expanded uses that are nonconforming in the number of parking spaces shall conform to Table 1340A.
(2) To Spaces
The requirements herein shall apply to any provision, removal, enlargement, alteration, maintenance, or use of any off-street parking or loading spaces or areas that either:
A. are existing as of the effective date of these regulations, or
B. are new spaces or areas required to be provided or voluntarily provided in excess of the requirements herein.
The requirements apply to parking that is either a Principal or Accessory Use.
(3) To Open Sales Lots
Open sales lots or storage lots for motor vehicles shall not be considered as parking.
(b) Exceptions to Parking and
Variances to parking and loading requirements may be approved as Variances under division 1310.03(a).
(2) Alternative Space Needs Data
The Planning Commission may approve exceptions to parking and loading requirements as a Special Exception under division 1310.03(b) on the basis of submission by the applicant of parking or loading demand studies, documented industry standards, or other evidence of fact or expert opinion satisfactory to the Commission that:
A. peak parking demand for the use necessitates fewer spaces than required herein, or
B. other requirements of this chapter are inapplicable to the particular use.
(3) C-D District
No off-street parking or loading spaces shall be required for any use in the C-D Downtown Commercial District. This exemption is made in order to minimize curb cuts disruptive to safe and efficient pedestrian circuculation and to encourage provision Downtown, where land for parking is limited, of public parking spaces in centralized locations.
(4) Time-Shared Parking or Loading
The Planning Commission may, as a Special Exception under division 1310.03(b), credit off-street parking or loading spaces that are provided for one use toward the spaces required herein for another use that normally uses them at different times of the day, week, and/or year upon request of an applicant and subject to the requirements of this division.
If the Commission determines that any use proposing to share spaces
provided for another use is likely to regularly utilize such spaces during all or most of the same time periods, it shall disallow the crediting of such spaces.
B. Location of Shared Parking
Credited parking spaces shall be located no further from the additional use(s) to which they are to be credited than the distances specified in division 1210.06(b)(2), Distance From Use.
Credited spaces shall be included in a written agreement filed with the Commission and approved as legally sufficient by the Director of Law.
The agreement shall allow the utilization of credited spaces by the additional use(s) to which they are to be credited and specify the times, if any, to which such utilization is restricted.
2. Times of Use
The agreement shall specify the type of establishment and hours, days, or periods during the year during which spaces proposed for crediting are normally used thereby seven days a week for both the use(s) for which the spaces are provided and for the use(s) to which they are also to be credited hereunder.
3. Spaces Not Reserved
The agreement shall specify that no space to be credited shall be a reserved parking space, as defined herein, 24 hours a day.
A directional sign at each entrance to the facility shall indicate the avail-
ability of the spaces therein to each use to which they have been credited together with the limitations on when they may be occupied for each such use.
(c) Preservation of Existing Spaces
(1) Reduction in Compliance Prohibited
No off-street parking or loading spaces or areas provided in full or partial conformity with the provisions of these or previous regulations, shall be reduced in size, number, or other characteristic below or further below the requirements herein so long as the use they serve continues in operation unless they are replaced with equivalent spaces.
A use that undergoes a reduction in floor area or other measure specified herein for determining the number of required spaces may nonetheless reduce the number of spaces to those required herein for the smaller use.
(2) Current Lease or Agreement Required
A party providing required spaces through a lease or other agreement under division 1210.04(c)(2) or (c)(3) shall possess a currently valid lease or other agreement therefor at all times that the use remains in operation.
(3) Conversion of Residential Garages
Residential garages shall not be converted into non-parking use if the level of compliance with parking requirements herein will be reduced, or the degree of nonconformity increased, after such conversion.
Uses providing illuminated open parking spaces or loading spaces shall provide not less than 0.2 footcandles of illumination at the surface of each parking space.
Illumination shall be shielded, diffused, or indirect so as not to produce glare on abutting lots or public streets.
No later than 30 minutes after the close of the parking or loading facility or of all the uses it serves, lighting facilities for off-street parking and loading areas shall be extinguished or, if needed for security in the judgment of either the parking provider or the Building Commissioner, reduced to an intensity approved by the City Engineer.
(1) Access from Street
Each off-street parking and loading area shall have vehicular access to and from a public street or alley in a manner that will least interfere with traffic movement thereupon.
(2) Aisle or Drive Required
Each required off-street parking space and loading space not having direct access to a street or alley shall open directly upon an aisle or driveway of such width and design as to provide a safe and efficient means of vehicular access.
Dimensions of aisles shall be as provided in Table 1210D. Dimensions of driveways shall be as provided in Table 1240E.
(3) Small Parking Areas Exempt
Uses required hereunder to provide 6 or fewer parking spaces or less than 2 loading spaces are exempt from the requirements of division (e)(2) as they apply to parking spaces or loading spaces, respectively.
(4) Tandem Parking Exempt
Tandem parking spaces, as defined herein, shall be allowed for parking or loading only:
A. for valet parking, as also defined herein, or
B. for parking used exclusively by parkers who normally leave the parking facility at the same time, such as parking for sporting or entertainment events or worship services, or
C. for all parking spaces provided for the exclusive use of any individual single-, two-, or multiple-family residential dwelling unit except the first space provided therefor.
(5) Forward Vehicular Motion
Off-street parking areas, except for uses pro-viding 6 or fewer parking spaces, and off- street loading areas shall be designed to enable vehicles to enter or leave them moving in a forward direction. Space for vehicle maneuvering necessary for compliance herewith shall be provided on the lot.
(6) Dead-End Aisles
Except in the case of attended parking areas, as defined herein, spaces at the end of deadend aisles shall be provided with back-up space for the vehicles parked therein that has been approved as sufficient by the City Engineer.
(f) Other Provisions
(1) Spaces Credited to a Single Use
No parking or loading space shall be credited as a required parking or loading space for more than one use---or as both a parking space and a loading space for the same use---except for spaces qualifying as Time- Shared Parking or Loading under division (b)(4) of this section.
Required parking spaces may, however, be available as parking spaces to more than one use, as in shopping center parking lots or City parking facilities.
(2) Site Plan Required
A Site Plan showing off-street parking and loading facilities shall be required as provided in Table 1320C.
The Building Commissioner may defer this requirement in any instance in which the specific use of the premises, and therefore the specific parking and loading requirements applicable, are not yet determined, such as may be the case for an industrial subdivision.
(3) Temporary Parking or Loading Areas
A temporary off-street parking or loading area not conforming to one or more requirements of this chapter may be approved as a Temporary Use under division 1310.04(a).
(4) Occasional Parking or Loading Areas
Off-street parking or loading areas that do not conform to one or more requirements of this chapter may be approved by the Planning Commission as a Special Exception under division 1310.03(b) if they are used repeatedly but only on an occasional, non-daily basis.
All signs accessory to off-street parking and loading areas shall conform to the provisions of Chapter 1230, Sign Regulations.
1210.04 Number of Parking Spaces Required
The number of parking spaces required for any use shall be determined by:
(1) the applicable figures in Tables 1210A and 1210C, and
(2) reductions to such figures as provided in division (d) of this section.
More than one type of reduction may be applied to a single use. Each such reduction shall be separately computed based on the number of spaces required in Tables 1210A and 1210C.
Spaces required hereunder may be any of the types of spaces specified in division (b) of this section. They may be provided through any of the means specified in division (c) of this section.
(b) Types of Parking Spaces
Except as specifically provided otherwise in this chapter and subject to applicable regulations therein, any of the types of parking spaces
listed in this division may be used to satisfy in whole or in part the requirements herein to provide off-street parking.
(1) Types of Spaces by Location
A. On-Site Spaces
On-site spaces are off-street spaces provided on the same lot as the establishment(s) they serve.
B. Off-Site Spaces
Off-site spaces are off-street parking spaces provided on a different lot than the establishment(s) they serve and that are subject to the requirements of division 1210.06(b).
C. On-Street Spaces
In special circumstances only, on-street spaces may be credited toward a requirement for off-street parking as provided in division (d)(2)D of this section.
(2) Other Types of Spaces
Required parking spaces may be either free or paid parking. Required spaces for employees and residents shall be without time limit; other spaces may have time limits. Required spaces may be in open surface parking or in structures.
(c) Options for Parking Space Provision
Except as specifically provided otherwise herein, the requirement herein for a use to provide the number of off-street parking spaces specified in division (a) of this section may be satisfied in any of three ways.
(1) Direct Provision by the Use
A use or property owner may install and maintain parking spaces on land it controls.
(2) Leases or Other Agreements
A use may obtain required parking spaces under a lease, an agreement for Time-Shared Parking under division 1210.03(b)(4), or another agreement for the provision of spaces that are under different ownership or control than the use they serve.
Such agreement shall have been approved for legal sufficiency by the Director of Law, shall confirm the availability of the spaces to the use, and shall be transferable to subsequent uses on the same property.
(3) Financial Support of Multi-User Parking
If approved by the Planning Commission as a Special Exception, a use may provide partial financial support for installation and maintenance of parking spaces provided jointly for multiple uses, such as in City parking lots or multi-user private lots.
(d) Reductions in Number of Spaces
A. Applicant Must Establish Eligibility
The applicant for any reduction in number of spaces under this division (d) shall be completely responsible
for providing, and certifying in an affidavit to the completeness and ac-curacy of, all data and information required to establish eligibility therefor.
B. Reporting of Reductions
Any action taken to reduce the number of required parking spaces under division (d) shall be reported in writing within 5 days of the action to the Building Commissioner.
C. Change in Eligibility for Reduction
A use that provides a reduced number of spaces as permitted herein but ceases to comply with the applicable requirements therefor for any reason and does not then supply the number of spaces required without the reduction, shall become nonconforming with respect to the number of spaces. A parking reserve area under division (e) may be required in order to prevent such nonconformity.
A use that did not initially comply with the requirements for a reduction, including the required approval specified, but that later complies, shall qualify for the reduction subject to the other provisions herein.
(2) Types of Reductions
A. Uses Sharing Patrons and Employees
The Building Commissioner may find based on data submitted by the applicant that a use requiring parking is combined with a second use utilizing the same parking area that:
1. serves as a subsidiary use, and
2. shares all its employees with the first use, and
3. is normally utilized by customers, visitors, or employees only as part of a stop to utilize the first use.
Upon making such findings, he or she shall waive the spaces required for the second use.
For example, a service station with a convenience food store that is sub-sidiary to the station, is normally patronized only while doing business with the service station, and is serviced by the same employees, shall be required to provide only the spaces required for the service station.
B. Captive Market Uses
The Planning Commission may determine that a use not qualifying under division (d)(2) does not require the normal amount of parking because it benefits from a captive market.
With a captive market, a use draws a significant number of customers or visitors who do not arrive at the use by motor vehicle because the use is located on the same lot as, or within walking distance of, a second use or uses that generate such customer or visitor traffic.
For example, a restaurant located in an office building may draw some customers from the offices therein and may not therefore require parking for those customers. Or a convenience market may be located close enough to a concentration of housing to draw pedestrian traffic therefrom.
The Commission may in such cases reduce the parking required for the first use by an amount approximating the percentage of captive market patronage accounted for by the second use.
C. Reduction for Employee Spaces Demand Reduction
The Planning Commission may reduce the number of spaces required
for the employees of a use if the use submits binding written agreements approved as legally sufficient by the Director of Law for the institution of and continuing maintenance by an employer of programs likely in the judgment of the Commission to significantly reduce demand for employee parking. Such programs may involve car pooling, subsidy of employee bus fares, charging employ-ees for parking, or other measures.
D. Reduction for Use of On-Street Spaces
The Planing Commission may approve as a Special Exception the crediting toward required parking spaces of one on-street space per 20 feet of street frontage located within the applicable distance specified in division 1210.06(b)(2) excluding driveways and no-parking areas. To approve such crediting, the Commission shall find that:
1. such spaces will be reasonably available to the use, and
2. without such crediting, provision of the required number of spaces less all other applicable reductions provided by this division is impractical.
E. Reduction for Senior Housing
The Planning Commission may as a Special Exception reduce by no more than 50 percent the number of spaces required for multi-family residential buildings upon finding that:
1. such buildings consist of not less than 90 percent senior citizen dwelling units, as defined herein, and
2. probable lower vehicle ownership among residents as evidenced by data submitted by the applicant will reduce resident parking demand.
F. Reduction Under PUD
The number of required spaces may be reduced for a development approved under Planned Unit Develop-ment procedures as provided in Section 1310.06.
G. Other Reductions
The number of required spaces may be reduced on the basis of alternative data on parking space needs under division 1210.03(b)(2), timeshared parking under division 1210.03(b)(4), or by Variance under division 1210.03(a)(1).
(e) Parking Reserve Areas
(1) When Required
An on- or off-site open area reserved for possible future conversion to parking may be required as a condition of a reduction in the number of required parking spaces under division 1210.03(b) or 1210.04(d) or other provision of this Code.
In determining whether to require such an area, the applicable Review Body shall consider:
A. the likelihood of a future need for additional parking, and
B. the availability of land therefor either on the site or within the distances specified for off-site parking in division 1210.06(b)(2).
(2) Size of Reserve Area
The reserve area shall be large enough to accommodate in surface parking a number of parking spaces equal to the difference between:
A. the number of spaces provided for the use and
B. the number required by Table 1210A or 1210C without the reduction(s) that require a reserve area.
The Site Plan required by Table 1320C shall show the boundaries of the reserve area.
(3) Use of Reserve Area
A parking reserve area shall be used only for open space, outdoor recreation, outside storage where permitted, or other purposes that would not impose significant obstacles to its later conversion to parking. Vegetative ground cov-er shall be installed and maintained in all areas not requiring a different surface for any such use.
(4) Other Requirements
A parking reserve area shall be sized, located, and otherwise arranged so as to allow, upon its conversion to parking, conformance to all requirements of City regulations that applied to off-street parking at the time of its original installation.
(5) Covenant and Guarantee
Prior to the issuance of a Certificate of Com-
pliance for any use required to provide a parking reserve area, the applicant for the Certificate shall execute and record with the Summit or Wayne County Recorder, as applicable, a covenant running with the land for the benefit of the City of Barberton.
The covenant shall specify that at such time as the City determines that eligibility has ceased for an applicable parking space reduction utilized on the property, the property owner will install the number of reserve spaces, or any portion thereof specified by the Building Commissioner, within 90 days of the date of the Commissioner's written request or within any extension thereof that he or she may grant.
The Commissioner shall make such request only upon determining that the spaces required to be installed are necessary to achieve the purposes of this chapter. The covenant shall remain in effect until the number of reserve spaces has been reduced to zero.
The property owner shall provide a financial guarantee of future installation of parking in the reserve area until such time as the City has determined the reserve area is no longer needed for additional parking. The guarantee shall conform to the requirements of Section 1350.02.
1210.05 Parking of Special Vehicles
(a) Parking of Commercial Vehicles
The requirements of this division (a) shall apply to all commercial vehicles, as defined herein, including those that are restorable vehicles, as also defined herein.
(2) In Residential Districts
A. Restricted Vehicles
There shall not be parked or stored on a lot in a Single- or Two-Family Residential District:
1. any commercial vehicle weighing more than 9,000 pounds unloaded, or
2. over 1 commercial vehicle below such weight per dwelling unit, or
3. any trailer not used for recreational purposes, such as to tow a boat or snowmobile.
Notwithstanding division (a)(2)A, any vehicle specified therein may be parked or stored:
1. in an enclosed building that conforms to regulations applicable in the District, or
2. temporarily for loading or unloading of household belongings for the purpose of moving a residence, or
3. temporarily for deliveries, repairs, construction, landscaping, earth moving, maintenance, garbage pickup, or utility or service calls.
C. Other Regulations
No vehicle of any kind parked or stored in any Residential District shall by virtue of its contents or of the activities associated with it create health or safety hazards or nuisances affecting neighboring properties.
(3) In Other Districts
There shall be no restrictions on parking or storage of commercial vehicles in non-residential districts other than as provided in division 1210.06(a) or elsewhere in City regulations.
(b) Parking of Recreational Vehicles
(1) In Residential Districts
A single recreational vehicle, as defined herein, per dwelling unit may be parked or stored for more than 3 consecutive days on a lot in a Residential District subject to the restrictions herein. The provisions herein shall not apply to van conversions.
A. Not Used as Dwelling
The vehicle shall not be occupied for living or sleeping purposes while on the lot.
Please Note: To view the Recreational Vehicle Parking Graphic, see page 1210-13 of the printed version of the Barberton Development Code
B. Stored Collapsed
It shall be stored in its collapsed position if it is a vehicle of the collapsible type not stored in a garage, carport, or covered parking space.
C. Parking Locations
1. Short-Term Parking
The vehicle may be parked or stored for no longer than 72 hours in an actual front or corner side yard for purposes of loading or unloading.
2. Long-Term Parking
The vehicle may be parked or stored for over 72 hours only in the locations specified herein.
a. Inside a Structure
The vehicle shall be parked in a garage, carport, or covered parking space, where one exists on the prem-ises large enough to accommodate the vehicle.
b. In Rear or Side Yard
Otherwise, the vehicle shall be parked in the driveway or a widening thereof with surfacing conforming to division 1210.02(c) located in an actual rear or interior side yard behind the front building line and no less than 3 feet from any lot line.
Otherwise, where the dwelling unit does not have its own driveway (as may be the case with multi-family units), the vehicle shall be parked in an open off-street parking space on the premises outside of an actual front or corner side yard or in an off-street space off the premises.
(2) In Other Districts
There shall be no restrictions on parking of recreational vehicles in non-residential districts.
(c) Parking of Collector Vehicles
A maximum of 2 restorable vehicles, as defined herein, owned by one or more residents of the premises may be parked in the open on any lot in an RS, RT, or RA District subject to the requirements herein.
(1) Type of Vehicle
No such vehicle shall be a commercial vehicle, as defined herein.
The vehicle shall be located in conformance with the standards for location of recreational vehicles in division (b)(1)C of this section, except that in no case shall such a vehicle be located in an actual front or corner side yard.
If located in the open, the vehicle shall be concealed with a car cover or comparable covering except while being actively worked on.
To prevent entry by small children, vehicle doors, tailgates, hatches, and trunk lids shall be either locked or wired shut except while actively being worked on.
(5) Parts and Tools
Detached vehicle parts, materials, and tools shall not be stored in the open.
The provisions of this division shall not be interpreted to allow any business related to the repair, dismantling, restoration, or sale of such vehicles except as may be allowable under other provisions of this Code.
(d) Parking of Junk Vehicles
No junk vehicle, as defined herein, shall be parked or stored in any district unless it is parked:
(1) entirely within an enclosed building, or
(2) in connection with a motor vehicle servicing or repair shop; dismantling or restoration service; junk, salvage, or wrecking yard; motor vehicle sales establishment; or other business employing such vehicles in its operations.
Junk vehicles parked or stored in the open shall be subject to the screening requirements of Chapter 1220, Landscaping and Screening.
1210.06 Other Parking Provisions
(a) Allowable Open Parking
No motor vehicle, boat, or trailer shall be parked or stored on the premises of any use other than in a completely enclosed structure except:
(1) vehicles owned, leased, temporarily borrowed, or rented by persons or organizations lawfully occupying the premises, and
(2) vehicles proprietors, officers, or employees of organizations occupying the premises used to reach work the same day, and
(3) vehicles of customers, clients, suppliers, contractors, guests, or visitors parked temporarily while visiting occupant persons or organizations or for loading, unloading, moving, construction, maintenance, repair of the premises, or for public service or utility work, and
(4) vehicles awaiting service, repair, or delivery to or pick-up by a customer of a vehicle repair or service establishment that are parked no longer than 72 hours prior to and 72 hours after such service, with no more than 2 such vehicles per service bay parked overnight
(5) vehicles available for sale, rent, or lease on the premises of uses permitted under applicable City regulations to engage in such business.
No unlicensed semi-trailer or other unlicensed com-mercial vehicle shall be parked or stored in the open on any premises for purposes of storage of any materials therein.
Where off-site parking is permitted hereunder, the premises of a use shall be considered for purposes of this division to include the off-site parking area.
(b) Off-Site Parking
(1) When Permitted
Except as may be specifically provided other-wise in this Code, in RS, RT, and RA Districts required off-street parking for dwellings shall be provided on the same lot as the use served. Parking spaces within garages or carports and on driveways shall be counted as required spaces for such dwellings.
In all other cases, required parking may be fully or partially provided off-site on a separate lot that is in the same possession by deed, lease, or other written instrument as provided in division 1210.04(c)(2).
(2) Distance From Use
Required parking provided off-site shall be located within the distance provided below.
Maximum Walking Distance From Use Served in Feet:
Customers, Clients & Visitors [a]
Commercial, Entertainment,Retail Office:
[a] Valet parking is exempt from this requirement.
[b] The Planning Commission may approve a greater distance for employee parking if shuttle bus or van service is provided during AM and PM peak hours between the parking area and the use with a frequency the Commission deems adequate and if the distance to be walked by an employee using the service does not exceed the table figure.
For purposes of determining the applicability of this division, the Planning Director shall determine how many of the spaces required are to be considered as employee spaces, customer/visitor spaces, and resident spaces. He or she may require information from the provider for use in making this determination. His or her determination may be appealed as provided in division 1310.03(c).
(3) Districts Allowed In
In a Residential District, an off-site parking area shall be a Permitted Use if it exclusively serves one or more uses that are Permitted Uses in the same district.
It shall be a Conditional Use if:
A. it serves a use or uses that are Conditional Uses in the district, or
B. it is located on a lot within the distances specified in division (b)(2) of a non-residentially zoned lot and exclusively serves such lot.
In non-residential districts, off-site parking areas for any use shall be a Permitted Use.
Please Note: To view the Parking in Street Yards Graphic, see page 1210-16 of the printed version of the Barberton Development Code
(c) Parking In Yards
(1) Yards Permitted In
A. Street Yard Parking Prohibited
In RM Multi-Family Residential, O Office, and I Industrial Districts, Accessory Use parking areas for other than single-or two-family or townhouse dwellings shall not be located in actual front or corner side yards. Such yards shall be landscaped as provided in Chapter 1220.
B. Yard Parking Permitted
Except as provided in division (c)(1)A, off-street parking areas may be located in any required or actual yard, subject to the landscaping requirements of Chapter 1220.
Please Note: To view the Single-Family Parking Graphic, see page 1210-16 of the printed version of the Barberton Development Code
(2) Parking in Residential Yards
In RS, RT, and RA Districts, coverage of actual yards by parking areas, driveways, or parked vehicles shall not exceed the figures in the table below.
Maximum Coverage in Percent of Yard Area
Front or Corner Side:
RT, RA Districts
In RS Districts where there is no attached garage and the dimensions of actual side yards and the absence of an alley preclude vehicular access to the interior side and rear yards, maximum coverage of front and corner side yards shall be 35 percent.
C. On Driveway Only
In RS, RT, and RA Districts all motor vehicles not enclosed within a building shall be parked entirely upon a driveway or comparably surfaced wi-dening thereof and shall not encroach upon any sidewalk.
(d) Interconnection of Parking
(1) Interconnection Required
To enhance convenience for the public and avoid unnecessary and potentially hazardous turning movements on public streets, an open accessory off-street parking area shall be connected to any other such area or por-tion thereof it abuts that is located either on the same lot or on an abutting lot.
This requirement shall apply to parking areas serving any retail, personal service, entertainment, retail office, or other office use(s), all as defined herein, open to the public.
(2) Means of Connection
Such connection shall be by either:
A. an alley abutting both areas, or
B. an access drive on the lot that allows convenient motor vehicle movement in both directions between the areas without entering the street.
(3) Easements Required
Easements judged legally sufficient by the Director of Law allowing traffic to move between such parking areas on abutting parcels in different ownership shall be submitted to the Building Commissioner prior to issuance of a Certificate of Compliance for any such parking areas not connected by an alley.
If the current owner of an abutting lot will not grant such easement, the parking area on the subject lot shall be so designed as to allow such connection in the future.
No off-street parking area, whether or not currently abutting another such parking area, shall be approved without submission of an agreement by the property owner to grant
such easement to any future abutting parking area to which these provisions may apply. Such agreement shall have been approved as legally sufficient by the Director of Law.