10-3-3719: PARKING; TRANSITIONAL USE:
Notwithstanding any other provision of this chapter, commercial off street automobile parking shall be permitted as a transitional use upon property in the multiple residential zone (R-4) subject to each and all of the following conditions:
   A.   Such site area shall have a side common property line, other than a rear property line, the whole of which adjoins, or is separated only by an alley from, property located in the commercial zone (C-3).
   B.   Such use shall extend not more than four (4) subdivided lots into a residential zone.
   C.   1. There shall be provided minimum setbacks of five feet (5') from any front property line and of not less than twenty feet (20') plus ten percent (10%) of the site width in excess of fifty feet (50') from any side common residential property line, but such setback need not exceed thirty five feet (35'); provided, however, for parking structures built on one or two (2) lots, the setback from the front property line shall be not less than ten feet (10'). Any parking structure erected or constructed adjacent to an area designated on the zoning map as commercial-retail overlay zone (C-R) which is separated only by an alley from property located in such zone shall be set back so that the alley may be widened to a width of not less than twenty feet (20'); provided, however, the side setbacks from adjacent residential properties may be reduced as set forth in subsection 10-3-3408D of this chapter.
      2.   No setback need be provided adjacent to an alley or for parking facilities which are completely subsurfaced and covered. All setback areas shall be improved in landscaping in a type, amount, arrangement, and manner satisfactory to the architectural commission and shall be maintained, as provided, in an attractive and clean condition.
      3.   Setback areas from a side common residential property line shall be improved as provided in this section, and an easement therefor shall be dedicated to the city for park, alley, and public utility purposes. The city may require that a portion or all of such setback area be improved as an alley in accordance with plans and specifications for alley paving and improvements on file in the office of the public services division. When required, such alley shall be not less than twenty feet (20') in width and shall be located as close as practicable to the portion of the parking site developed for parking.
      4.   Setback areas required by this section on properties separated from properties by an alley from property located in the commercial-retail overlay zone (C-R) shall be improved as an alley in accordance with plans and specifications for alley paving and improvements on file in the office of the public services division, and an easement therefor shall be dedicated to the city for alley and public utility purposes.
   D.   A detailed plot plan, showing the exterior boundaries of the entire site, the location of existing and proposed improvements, driveways, bumper guards, walls, fences, signs, landscaping, type of surfacing and other details of development, shall be submitted and approved by the architectural commission, the planning official, and the public works administrator.
   E.   A report by a traffic consultant who is a member of the Institute Of Traffic Engineers, containing an analysis of internal and external effects shall be submitted in connection with the information required by subsection D of this section.
   F.   No portion of the parking area shall be used for the sale or servicing of automobiles, the sale or storage of goods, wares, or merchandise, or for any purpose other than that of automobile parking. Such use shall not include the storage of automobiles in connection with a used or new car business.
   G.   Where parking is provided other than within a structure, proper barriers acceptable to the architectural commission shall be provided in order to fully screen the parking from the horizontal view of the street and adjacent properties and to comply with the noise abatement provisions of this code. Such barriers shall include, but not be limited to, solid masonry walls and landscaped earth berms or other devices at least six feet (6') in height, except that on structures located on properties separated by an alley from the commercial-retail overlay zone (C-R), such barriers shall be solid masonry walls. Barriers shall not be required for the side of any lot which faces the commercial lot which the parking area serves.
   H.   Where parking is provided in a structure, such structure shall be limited in height to thirty five feet (35') measured from the high point of the natural grade at the perimeter of the structure to the top of the topmost parking surface or the roof of the structure, whichever is higher. Where the property used for parking has a common property line with property zoned for residential uses or is separated by an alley or park from property zoned for residential uses, structures shall be provided with wall enclosures facing such property zoned for residential uses and shall be of solid masonry construction with no openings and shall extend from the ground level to six feet (6') above the topmost parking surfaces of the structure. On any side of the parking structure where a solid wall is not required, parking within such a structure shall be shielded from view, except for necessary access, by incombustible walls which shall extend at least six feet (6') in height above the parking surface at the ground level and at least fifty four inches (54") in height above the parking surface on all levels above the ground level, except that such walls shall not be required on any ground level that faces the commercial lot that the parking structure serves. (1962 Code § 10-806; amd. Ord. 69-O-1340, eff. 3-20-1969; Ord. 76-O-1596, eff. 2-19-1976; Ord. 79-O-1721, eff. 2-15-1979; Ord. 95-O-2239, eff. 7-7-1995)