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No building or structure, or part thereof, shall be erected, constructed or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.
(1993 Code, § 82-452) (Ord. passed 10-12-1992)
(A) Intent.
(1) Within the districts established by this chapter or amendments that may later be adopted there exist lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment.
(2) It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(3) A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
(4) It is further recognized that certain nonconforming uses and structures do not significantly depress the value of nearby properties and are not contrary to the public health, safety and welfare and that such use or structure was lawful at the time of its inception and that no useful purpose would be served by the strict applications of requirements for nonconformities under this chapter and, therefore, 2 classes of nonconforming use and structure are designated, being class A and class B.
(5) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved and provided further that all work shall be done pursuant to a valid permit.
(B) Class A nonconforming uses or structures. Those nonconforming uses or structures which have been designated by the Planning Commission, after hearing, as class A, providing findings that the following conditions exist with respect to the use or structure.
(1) The use or structure was lawful at its inception.
(2) Continuance of the use or structure does not significantly depress property values of nearby properties.
(3) Continuance of the use or structure would not be contrary to the public health, safety or welfare or the spirit of this chapter.
(4) An improvement to an existing nonconforming condition will result.
(5) No useful purpose would be served by strict application of the provisions of this chapter with which the use or structure does not conform.
(C) Class A conditions. The decision to grant a class A designation shall be made in writing, setting forth the findings and reasons on which it is based. Conditions may be attached, including time limits where deemed necessary to assure the use or structure does not become contrary to the public health, safety or welfare or the spirit and purpose of this chapter and further to assure that at least the following standards are met.
(1) Screening and landscaping should be provided in keeping with community standards to provide compatibility with adjacent uses.
(2) Effects which may have a negative impact such as lighting, noise or visual impact should be minimized.
(3) Where such use is in close proximity to homes, parking should not be permitted to utilize curb side parking to an extent greater than the immediate property frontage of the nonconforming use.
(4) New signage should meet zoning district requirements. Existing nonconforming signs may be required to be eliminated or reduced in size and number as the Commission may, in its judgment, determine.
(5) The exterior building materials utilized in any alteration to the building shall be harmonious with materials on abutting properties whenever practical.
(6) Enlargement of a building may be allowed provided such enlargement does not create a more nonconforming yard setback condition which would impact on conforming properties in the immediate vicinity.
(7) The Commission may require such other safeguards and improvements as it may deem necessary to protect conforming uses in the surrounding area.
No class A nonconforming use or structure shall be resumed if it has been discontinued for 6 consecutive months or 18 months in any 3-year period. No class A nonconforming use or structure shall be used, altered or enlarged in violation of any condition imposed in its designation.
(D) Revocation of class A designation. Any class A designation shall be revoked, following the same procedure required for designation, upon a finding that as a result of any change of conditions or circumstances the use or structure no longer qualifies for class A designation.
(E) Class B nonconforming uses or structures. All nonconforming uses or structures, not designated class A, shall be class B nonconforming uses or structures. Class B nonconforming uses and structures shall comply with all the provisions of this chapter relative to nonconforming uses and structures. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
(F) Reactivation of discontinued nonconforming use or structure. A nonconforming use of land or structure which is discontinued or ceases to exist as specified in subsections (H)(3) and (J)(5) of this section may be reinstated as a class A nonconforming use or structure by the Planning Commission after hearing and after finding that the following conditions exist or will be met with respect to the use or structure.
(1) The proposed use will be the same type of use as the previous use which occupied the property or a new use which is no more intensive than the previous use. Example: In a residential zone a business use allowed in a B-1 Local Business District exists, such use may be replaced by another B-1 use or a higher use such as an OS-1 or RM use but shall not be replaced by a more intense use such as those allowed in a B-2, B-3, CBD or Industrial District.
(2) That conditions specified in subsections (B)(2) through (4) of this section will be complied with.
(3) A determination shall be made by the Planning Commission that the use or structure will be a blighting influence on the neighborhood if not allowed to be occupied.
(G) Nonconforming lots. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance to yard requirements may be obtained through the Board of Appeals.
(H) Non conforming uses of land. Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions.
(1) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.
(3) If such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(I) Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(1) No such structure may be enlarged or altered in a way which increases its nonconformity. Such structure may be enlarged or altered in a way which does not increase its nonconformity.
(2) Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
(3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(4) Should such structure be a pre-existing porch or deck, and provided that the structure's footprint remains the same or is made smaller, it may be replaced due to age or structural issues.
(J) Nonconforming uses of structures and land. If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions.
(1) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(3) If no structural alterations are made, any nonconforming use of a structure, or structure and land in combination, may be changed to another nonconforming use of the same or a more restricted classification, provided the use is equally appropriate or more appropriate to the district than the existing nonconforming use. Where a nonconforming use of a structure, land, or structure and land in combination is changed to a more conforming use, it shall not thereafter be changed to a less conforming use.
(4) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
(5) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or ceases to exist for 6 consecutive months or for 18 months during any 3 year period, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be excepted from this provision.
(6) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(K) Repairs and maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50% of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.
(1) Uses under exception provisions not nonconforming uses. Any use for which a general exception or conditional use approval is required as provided in this chapter shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district.
(M) Change of tenancy or ownership. There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures or structures and land in combination.
(N) Applications for temporary use permits. Businesses located in OS-1, B-l, B-2, B-3 and CBD Districts and churches, wherever located, within the corporate limits of the city, may make applications for temporary use permits where they desire to promote business sales which would normally be prohibited in their zoning district. Such application may only be made where the sales promotion bears a reasonable relationship to the business normally permitted in that district. The Planning Commission shall determine whether the lawful business bears a reasonable relationship to the prohibited business for which a special use permit is sought. Where the Planning Commission decides that such a reasonable relationship exists, it may grant a temporary use permit, provided:
(1) The principal use has previously been granted site plan approval;
(2) The principal use is in compliance with all current city zoning regulations;
(3) The temporary use does not create a public safety problem as determined by the Police Department;
(4) The temporary use does not exceed 30 days;
(5) Commitment is made to restore any lawn areas where temporary use may have taken place;
(6) Adequate parking would remain available for the building for the principal use;
(7) A zoning officer finds the application would not impair the health, safety, and welfare of the general public.
In conjunction with a temporary use permit, 1 sign not to exceed 20 square feet will be allowed and may be placed on the front or side yard setback, provided that it does not interfere with public safety as determined by the Police Department. Upon approval of the Planning Commission and the applicant meeting all of the conditions of approval, the Building Official is authorized to execute a temporary use permit.
(1993 Code, § 82-453) (Ord. passed 10-12-1992; Ord. passed 1-11-1999(1); Ord. passed 4-9-2007(1))
Accessory buildings, structures and uses, except as otherwise permitted in this chapter, shall be subject to the following regulations.
(A) Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all yard regulations of this chapter applicable to main buildings.
(B) Accessory buildings shall not be erected in any minimum side or front yard setback.
(C) A building accessory to a residential building may occupy not more than 25% of required rear yard, provided that in no instance shall the accessory building exceed 100% of the ground floor area of the main building. On a corner lot all of the land to the rear of the house may be utilized in the computation of percent of lot coverage for accessory buildings.
(D) A detached building accessory to a residential building shall not be located closer than ten feet to any main building nor shall it be located closer than five feet to any side or rear lot line. In those instances where the rear lot line is coterminous with an alley right-of-way, the accessory building shall be no closer than one foot to such rear lot line. In no instance shall an accessory structure be located within a dedicated easement right-of-way.
(E) No detached accessory structures in the R-1, R-2, RT, RM-1, RM-2, MH, OS-l, B-1 and P-1 Districts shall exceed 18 feet in height; provided, however, when the detached accessory building is located in a rear yard with a ground elevation lower than that of surrounding the primary residential structure, the height of the accessory building may be measured from a plane parallel to the first floor of the primary residential structure. Accessory structures in all other districts may be constructed to equal the permitted maximum height of structures in such districts.
(F) In no case shall a residential accessory structure have a flat, level roof. All accessory structure roofs must be sloped to allow water drainage.
(G) Temporary carport and storage structures, whether manufactured or home-built, shall adhere to all requirements of § 82-545 for detached accessory structures. Permits for temporary carports and storage structures are limited to a period of two years, and said temporary carport or storage structure shall be removed upon expiration. Temporary carport and storage structures shall be securely fastened to ground in a manner sufficient to prevent its detachment due to wind or weather.
(H) When a building accessory to a residential building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, such building shall not project beyond the front yard line required on the lot in the rear of such corner lot. When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the side lot line of the lot to its rear, such building shall not project beyond the side yard line of the lot in the rear of such corner lot. In no instance shall a building accessory to a residential building be located nearer than ten feet to a street right-of-way line.
(I) Accessory buildings and structures shall be designed and constructed to be compatible with the design and construction of the principal building on the site. Design elements that should be considered in determining compatibility include: exterior building material (which need not be identical to the principal building but compatible in appearance), roof style and pitch, architectural style, and color.
(J) The provisions concerning the size and height in this section shall not apply to accessory buildings on a farm (such as barns and silos).
(K) Wireless transmission antennas and towers are subject to the following the requirements of § 82-459.
(1) A maximum height limit of 60 feet for towers and antennas is permitted in residential districts.
(2) No maximum height limit is required in nonresidential districts.
(3) In all districts a tower or antenna shall be located on the parcel or lot in such manner that the base of the tower or antenna is set back from all property lines not less than the height of the tower or antenna.
(L) Recreational equipment owned by residents of the city may be stored on their individual lots in accordance with the provisions of this section.
(1) All recreational equipment parked or stored shall not be connected to sanitary facilities; and shall not be occupied, except as provided in subsection (a) of this section.
(a) In any residential district it shall be lawful for only nonpaying guests at a residence to occupy a single recreational vehicle for a period not exceeding 72 hours. The total number of days during which recreational vehicles may be occupied under this subsection shall not exceed 10 in any calendar year on the premises of a dwelling unit.
(2) Recreational equipment shall be maintained in a clean, well-kept state so as not to detract from the appearance of the surrounding area. A suitable, securely fastened weatherproof cover shall be placed on all boats whenever stored outside. In lieu of a cover, canoes and rowboats may be stored such that they do not collect and retain rainwater. Snowmobiles, ATV’s, personal watercraft and similar vehicles shall be stored under a suitable, securely fastened weatherproof cover, or stored within an enclosed trailer.
(3) Recreational equipment shall be operable and shall have a current license or registration when applicable.
(4) Recreational equipment stored on residential lots may be parked in the following manner:
(a) Inside any enclosed structure.
(b) Outside in the rear yard on an improved surface (gravel, asphalt or concrete), no closer than five feet to any side or rear lot line, and no closer than ten feet to the primary residential structure.
(c) Outside in the side yard on an improved surface (gravel, asphalt or concrete), no closer than five feet to any side or rear lot line, and no closer than ten feet to the primary residential structure, and provided such parking shall be behind the front face of the primary residential structure.
(d) Outside on the front driveway or improved surface directly adjacent to the front driveway, provided that the vehicle is no closer than 15 feet to the front lot line. The provisions of § 82-454(L)(4)(c) do not apply to recreational equipment stored under the provisions of this section.
(e) Notwithstanding the provisions of this section, a recreational vehicle may be parked anywhere on the premises, or within a public right-of-way area where street parking is permitted, during active loading or unloading.
(f) The combined area covered by the dwelling, accessory structures, and the area covered by the outside storage of such units shall not exceed 40% of the net lot area.
(5) The provisions of this section shall not apply to recreational equipment officially designated for barrier-free use in accordance with state law, and used as the regular means of transportation by or for a handicapped person.
(M) A resident of a dwelling unit may have not more than one motorized vehicle for sale on the site of such dwelling unit at any time and in no instance shall vacant residential lots or parcels be utilized for the sale of vehicles. A resident may conduct minor automobile repairs of vehicles of the resident such as oil changes and tune ups between the hours from sunrise to sunset on the property of the resident’s dwelling unit; however, in no instance shall a resident repair the vehicle of other than a resident of the dwelling unit on such property. The sale of vehicles from a residential property shall not exceed two vehicles in any one year for a period not to exceed two weeks in any one year.
(N) Freestanding solar panels shall be considered an accessory building and shall be subject to the requirements for such, together with all other applicable building codes and ordinances.
(O) Wind generators may be permitted in rear yards when the following conditions are met.
(1) The highest point of any portion of the generator shall not exceed 35 feet above the average grade of the lot.
(2) The generator device shall be placed no closer to any side or rear lot line than the total distance between the grade of the lot at the base of the tower and the highest point of any portion of the generator.
(3) The maximum diameter formed by a circle encompassing the outermost portions of the blades or other wind activated surfaces shall not exceed 30% of the distance between the ground and the highest point of any portion of the wind generator. The generator shall be so located that no portion of the structure would penetrate the vertical plane of any adjacent property line if it were to topple over in its normally assembled configuration.
(4) The construction of the tower, blades, base structure, accessory building and wiring shall meet all applicable local building codes and ordinances.
(P) In all office, service and business districts, rooftop equipment and apparatus shall be screened from ground level by being housed in a penthouse or structure constructed of the same type of building materials used in the principal structure or by building design.
(1993 Code, § 82-454) (Ord. passed 10-12-1992; Ord. passed 3-13-2000; Ord. passed 11-12-2002(2); Ord. passed 1-13-2003(2); Ord. 2014-04, passed 9-8-2014; Ord. 2018-01, passed 10-8-2018)
There shall be provided in all districts, at the time of erection or enlargement of any main building or structure, automobile off-street parking space, with adequate access to all spaces. The number of off- street parking spaces in conjunction with all land or building uses shall be provided, prior to the issuance of a certificate of occupancy, as prescribed in this section.
(1) The provisions of this section shall not apply to mobile home parks. Mobile Home Commission Rules 920, 925 and 926 shall apply to all mobile home courts.
(2) Off-street parking spaces may be located within a rear yard or within a side yard which is in excess of the minimum side yard setback unless otherwise provided in this chapter. Off-street parking shall not be permitted within a front yard nor within a minimum side yard setback unless otherwise provided in this chapter.
(3) Off-street parking for other than residential use shall be either on the same lot or within 300 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot. Ownership shall be shown of all lots or parcels intended for use as parking by the applicant.
(4) Residential off-street parking spaces shall consist of parking strip, driveway, garage, or a combination thereof and shall be located on the premises they are intended to serve. In R-1, R-2 and R-T residential zones, parking is not permitted in a front yard except on an improved driveway with a concrete, asphalt, gravel or stone surface. Such driveway shall not utilize more than 35% of the front yard.
(5) In all districts except the CBD Central Business District, any area once designated as required off-street parking shall not be changed to any other use unless and until equal facilities are provided elsewhere.
(6) In all districts except the CBD Central Business District, off-street parking existing at the effective date of this chapter in connection with the operation of an existing building or use shall not be reduced to an amount less than required in this section for a similar new building or use.
(7) Two or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately.
(8) In the instance of dual function of off- street parking spaces where operating hours of buildings do not overlap, the Board of Appeals may grant an exception.
(9) The storage of merchandise, motor vehicles for sale, trucks, or the repair of vehicles is prohibited except as otherwise provided in this chapter.
(10) For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accord with a use which is similar in type.
(11) When units or measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require 1 parking space.
(12) The requirements of subsection (13) of this section shall not be applicable to those uses located in the CBD Central Business District. Parking for CBD uses is provided in common parking lots intended to serve all activities of the Central Business District.
(13) For the purpose of computing the number of parking spaces required, useable floor area as defined in § 82-4 shall govern unless otherwise specified.
(14) Parking shall be provided in accordance with the number of spaces required in this section. Parking shall not exceed nor be less than the required space per unit of measure for new uses. In accordance with this section, the Planning Commission may approve additional or fewer spaces, provided the applicant demonstrates that adequate parking will be provided, excessive parking will be avoided and snow storage is accommodated.
The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule.
Use | Number of Minimum Parking Spaces per Unit of Measure |
Use | Number of Minimum Parking Spaces per Unit of Measure | |
Residential | ||
Housing for the elderly | 1 for each 3 units and 1 for each employee; should units revert to general occupancy, then 2 spaces per unit shall be provided | |
Residential, one family | 2 for each dwelling unit | |
Residential, two family and multiple family | 2 for each dwelling unit | |
Mobile home | 2 for each mobile home plus 1 for each employee of a mobile home park | |
Bed and breakfast establishments | 1 for the owner/operator and 1 for each guest room | |
Institutional | ||
Churches and temples | 1 for each 3 seats or 6 feet of pews in the main unit of worship | |
Hospitals/health care centers | 2 for each 1 bed | |
Convalescent homes and nursing homes | 1 for each 4 persons in residence and 1 space for each 2 employees in the largest work shift | |
Elementary and junior high schools | 1 for each 1 teacher, employee or administrator, plus the requirements for the auditorium or stadium | |
High schools | 1 for each 1 teachers, employee or administrator and 1 for each 10 students, plus the requirements for the auditorium or stadium | |
Private clubs or lodges | 1 for each 3 persons allowed within the maximum occupancy load as established by local, county or state fire, building or health codes | |
Private golf clubs, swim clubs, tennis clubs or other similar uses | 1 for each 2 member families or individuals, plus spaces required for restaurant or bar which is open to the public | |
Golf courses open to the general public except miniature courses | 4 for each 1 golf hold and 1 for each employee, plus spaces required for each accessory use such as a restaurant or bar | |
Stadium and sports arena or similar place of outdoor assembly | 1 for each 4 seats or 8 feet of benches | |
Theaters and auditoriums | 1 space for each 3 seats, plus 1 for each 2 employees | |
Library, museum or post office | 1 for each 150 square feet of usable floor space | |
Nursery schools, group day care homes and day care centers | 1 for each care giver or teacher, plus off-street loading space for children entering and leaving the facility | |
Commercial | ||
Auto wash (automatic) | 1 for each 1 employee; in addition, reservoir parking spaces equal in number to 5 times the maximum capacity of the auto wash; maximum capacity of the auto wash shall mean the greatest number of automobiles possible under ground some phase of washing at the same time, which shall be determined by dividing the length of feet of each wash line by 20 | |
Auto wash (self-washing service or coin operated) | 3 for each stall in addition to the stall itself | |
Beauty parlor or barber shop | 2 spaces for each of the first 2 chairs, and 1-1/2 spaces for each additional chair | |
Bowling alleys | 5 for each bowling lane plus parking for accessory uses | |
Dance halls, roller rinks, exhibition halls, and assembly halls without fixed seats | 1 for each 3 persons allowed within the maximum occupancy load as established by the Fire Marshal | |
Drive-in restaurant | 1 for each employee and 1 for each 25 square feet of usable floor area | |
Drive-through | 1 for each employee and 5 stack-up spaces for each drive-through window or station | |
Carry-out (with no eating on premises) | 1 for each employee and 1 for each 60 square feet of usable floor area with a minimum of 4 spaces | |
Establishments for sale and consumption, on the premises, of beverages, food or refreshments | 1 for each 100 square feet of useable floor area or 1 for each 2 persons allowed within the maximum occupancy load as established by local, county or state fire, building, or health codes, whichever is greater | |
Furniture and appliance, household equipment, repair shops, showroom of a plumber, decorator, electrician, or similar trade, shoe repair and other similar uses | 1 for each 800 square feet of useable floor area (for that floor area used in processing, 1 additional space shall be provided for each 2 persons employed therein) | |
Gasoline service stations (full service) | 2 for each lubrication stall, rack or pit; and 1 for each gasoline pump island; and 1 for each vehicle used as part of the equipment of the gasoline service station; no spaces are required for self-service pumps; additional parking shall be provided for any accessory retail use as required for such use | |
Gasoline filling stations (self service) | 1 space plus 1 space for each employee on the largest working shift; but not less than 3 spaces in any instance; additional parking shall be provided for any accessory retail use as required for such use | |
Ice skating or roller rink | 1 for each seat or 6 feet of benches, or 1 for each 150 square feet of skating area, whichever is the greater | |
Laundromats and coin operated dry cleaners | 1 for each 2 machines | |
Miniature golf courses | 2 spaces per hold plus 3 spaces for employees | |
Golf driving range | 1 space for each driving tee plus 3 spaces for employees | |
Mini storage rental units | 1 space for each employee and 1 space for each additional 50 storage rental units | |
Mortuary establishments | 1 for each 50 square feet of assembly rooms, parlors, and slumber rooms useable floor space | |
Motel | 1 for each rental unit, plus 2 additional spaces for management and/or service personnel | |
Motor vehicle sales and service establishments | 1 for each 200 square feet of useable floor area of sales room and 1 for each 1 auto service stall in the service room | |
Pool hall or club | 1 for each 3 persons allowed within the maximum occupancy load as established by the Fire Marshal | |
Retail stores except as otherwise specified herein | 1 for each 150 square feet of useable floor area | |
Planned commercial or shopping center | Applicant shall demonstrate parking demand, but not less than 1 space per 300 square feet of gross floor area | |
Amusement arcade | 1 for each 1 game table and 1 for each amusement device | |
Athletic clubs, exercise establishments, health studios, sauna baths, judo clubs and other similar uses | 1 parking space for each 3 persons allowed within the maximum occupancy load as established by local, county or state fire, building or health clubs plus 1 space per employee; in those instances where memberships are provided for, not less than 1 space per each 5 memberships shall be provided plus 1 space per employee or 1 space for each 2 clothing lockers, plus 1 space per employee, whichever is the larger | |
Establishments for adult entertainment | 1 for each 100 square feet of useable floor area or 1 for each 2 persons allowed within the maximum occupancy load as established by local, county or state fire, building, or health codes, whichever is greater | |
Offices | ||
Banks | 1 for each 100 square feet of useable floor area | |
Banks (drive-in) | 1 for each employee; in addition, reservoir waiting spaces at each service window or station shall be provided at the rate of 5 for each service window or station; each waiting space shall measure not less than 20 feet in length | |
Business offices or professional offices except as indicated in the following item | 1 for each 300 square feet of useable floor area | |
Professional offices of doctors, dentists or similar professions | 1 for each 75 square feet of useable floor area in waiting rooms, and 1 space for each examining room, dental chair or similar use area | |
Industrial | ||
Industrial or research establishments | 1 space on site for every 2 employees in the largest working shift or 1 for each 450 square feet of useable floor area in those instances where shift size is unknown; space on the site shall also be provided for all construction workers during periods of plant construction | |
Wholesale establishments | 1 for every 1 employee in the largest work shift, or 1 for every 1,700 square feet of useable floor space, whichever is greater | |
Warehouses | 1 for every employee in the largest work shift | |
Parking for Handicapped (All Districts) | ||
Shall comply with the provisions of the Americans With Disabilities Act (ADA). The number and layout of spaces required shall comply with ADA accessibility guidelines, including the following. | ||
Accessible Parking Spaces* (required minimum) Total Parking Spaces in Lot | Accessible Spaces | Guideline for Layout of Spaces |
1 - 25 | 1 | PU Diagram |
26 - 50 | 2 | |
51 - 75 | 3 | |
76 - 100 | 4 | |
101 - 150 | 5 | |
151 - 200 | 6 | |
201 - 300 | 7 | |
301 - 400 | 8 | |
401 - 500 | 9 | |
501 - 1,000 | 2** | |
1,001 and over | 20** | |
* Accessible spaces are required to be 8'0" wide, with an adjacent access aisle 5'0" wide. One in every 8 accessible spaces shall have an access aisle 8'8" wide (rather than 5') and shall be signed "van accessible."
** Percent of total.
*** Plus 1 space for each 100 over 1,000.
(1993 Code, § 82-455) (Ord. passed 10-12-1992; Ord. passed 9-14-1998(2); Ord. 2012-01, passed 6-11-2012)
Whenever the off-street parking requirements in § 82-455 require the building of an off-street parking facility, or where P-1 vehicular parking districts are provided, such off-street parking lots shall be laid out, constructed and maintained in accordance with the following standards and regulations.
(A) No parking lot shall be constructed unless and until a permit therefor is issued by the building official. Applications for a permit shall be submitted to the city in such form as may be determined to the city in such form as may be determined by the building official and shall be accompanied with two sets of plans for the development and construction of the parking lot showing the provisions of this section will be fully complied with.
(B) Adequate ingress and egress to the parking lot shall be provided and approved by the city engineer who shall have full power to regulate and determine the places of ingress and egress so that traffic on the streets and highways of the city shall be controlled, regulated and coordinated and to require the installation and maintenance of suitable barriers to insure the safety of pedestrians passing any such parking lot, in order to provide for the greatest possible public safety and welfare. Such necessary directional signs and controls as are required by the city shall be established and maintained by the owner or lessee of the parking lot. All drives and parking shall be surfaced in a manner equivalent to that which is provided for the parking areas under § 82-404.
(C) All spaces shall be provided adequate access by means of maneuvering lanes.
(D) All drives shall be surfaced in a manner equivalent to that which is provided for the parking areas under § 82-404. Screening and landscaping and lighting shall be provided in keeping with the requirements of §§ 82-403 and 82-405. Plans for the layout of a parking lot shall show a total dimension across two tiers of spaces and one aisle (maneuvering lane) of at least the standards as required in § 82-400.
(E) Off-street parking areas shall be provided with a continuous and completely obscuring wall or fence in accordance with the specifications of § 82-403, on all sides where the next zoning district is designated as a residential district.
(Ord. passed 10-10-1992)
On the same premises with every building, structure or part thereof, involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading in order to avoid undue interference with public use of dedicated streets or alleys. Such space shall be provided as follows:
(A) All spaces in OS-1, B-1, B-2 and B-3 districts shall be provided in the ratio required in §§ 82-426 et seq., under minimum rear yard.
(B) All spaces shall be laid out in the dimensions of at least ten by 50 feet, or 500 square feet in area, with a clearance of at least 14 feet in height. Loading dock approaches shall be provided with a pavement having an asphaltic or Portland cement binder so as to provide a permanent durable and dustless surface. All spaces in I and IRO districts shall be provided in the following ration of spaces to usable floor area.
Gross floor area
(in Square feet) | Loading and unloading spaces required in terms of square feet of usable floor
area |
0—20,000 | One space |
20,000—100,000 | One space plus one space for each 20,000 square feet in excess of 20,001 square feet |
100,000—500,000 | Five spaces plus one space for each 40,000 square feet in excess of 100,001 square feet |
(Ord. passed 10-12-1992)
Because the uses referred to in this section possess unique characteristics making it impractical to include them in a specific use district classification, they may be permitted by the city council after review by the planning commission under the conditions specified, and after public hearing. In every case, the uses hereinafter referred to in this section shall be specifically prohibited from all residential districts. These uses require special residential districts. These uses require special consideration since they service an area larger than the city and require sizable land areas, creating problems of control with reference to abutting use districts. Reference to those uses failing specifically within the intent of this section is as follows:
(A) Outdoor theaters. Because outdoor theaters possess the unique characteristic of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they may be permitted in I-1 districts. Outdoor theaters shall further be subject to the following conditions:
(1) The proposed internal design shall receive approval from the building official and the city engineer as to adequacy of drainage, lighting and other technical aspects.
(2) Points of ingress and egress shall be available to the outdoor theater from abutting major thoroughfares (86-foot right-of-way or greater), and shall not be available from any residential street.
(3) All vehicles waiting or standing to enter the facility shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.
(4) The area shall be so laid out as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within, and directed onto the premises of the outdoor theater site.
(B) Commercial television and radio towers, public utility microwaves, cellular transmissions towers and public utility TV transmitting towers. Radio and television towers, public utility microwave and public utility TV transmitting towers, and their attendant facilities, shall be permitted in I-1 districts provided such use shall be located centrally on a continuous parcel of not less than one times the height of the tower to all points on each property line. The site shall in no instance be used for the storage of vehicles or any material not required for the principal use. Outdoor storage of any kind shall be expressly prohibited.
(C) Airports and landing fields. Airports and landing fields, including structures accessory to such facilities and for the operation of an airport, may be permitted in an area zoned for industrial purposes, provided access directly to the site is from an abutting major thoroughfare, provided that land under runway approaches shall not be put to any use which might later serve as a basis for an effective argument that the space above should not be used by aircraft, and provided by the Civil Aeronautics Administration be submitted with the request for use.
(Ord. passed 10-12-1992)
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