SEC. 51A-4.301. OFF-STREET PARKING REGULATIONS.

(2) A person requesting the addition of a new use shall submit to the director all information necessary for the classification of the use, including, but not limited to:

(A) the nature of the use and whether the use involves dwelling activity, sales, or processing;

(B) the type of product sold or produced under the use;

(D) anticipated employment;

(E) transportation requirements;

(F) the nature and time of occupancy and operation of the premises;

(G) the off-street parking and loading demands;

(H) the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated; and

(I) the requirements for public utilities such as sanitary sewer and water.

(b) Use regulations. New use regulations must contain the following information:

(1) The definition of the use.

(2) The zoning districts within which the use is permitted.

(3) The required off-street parking.

(4) The required off-street loading.

(5) Any additional provisions reasonably necessary to regulate the use. (Ord. 19455)

SEC. 51A-4.221. SEXUALLY ORIENTED BUSINESSES.

(a) Purpose. All uses operated as sexually oriented businesses are subject to the licensing and locational restrictions in Chapter 41A. This section expressly classifies the sexually oriented businesses defined in Chapter 41A for zoning purposes. These classifications codify the existing practices of the building official and should not be construed as changing the locational restrictions in Chapter 41A.

(b) Definitions. In this section:

(1) ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”

(2) ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial establishment that as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:

(A) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, DVD’s, video cassettes or video reproductions, slides, or other visual representations that depict or describe “specified sexual activities” or “specified anatomical areas”; or

(B) instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities.”

(3) ADULT CABARET means a commercial establishment that regularly features the offering to customers of adult cabaret entertainment.

(4) ADULT CABARET ENTERTAIN-MENT means live entertainment that:

(A) is intended to provide sexual stimulation or sexual gratification; and

(B) is distinguished by or characterized by an emphasis on matter depicting, simulating, describing, or relating to “specified anatomical areas” or “specified sexual activities.”

(5) ADULT MOTEL means a hotel, motel, or similar commercial establishment that:

(A) offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign (as defined in this section) visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions; or

(B) offers a sleeping room for rent for a period of time that is less than 10 hours; or

(6) ADULT MOTION PICTURE THEATER means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

(7) ESCORT means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(8) ESCORT AGENCY means a person or business association that furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.

(9) NUDE MODEL STUDIO means any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

(10) NUDITY or a STATE OF NUDITY means:

(A) the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or

(B) a state of dress that fails to completely and opaquely cover a human buttock, anus, male genitals, female genitals, or any part of the female breast or breasts that is situated below a point immediately above the top of the areola.

(11) SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency, or nude model studio, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

(12) SIGN means any display, design, pictorial, or other representation that is:

(A) constructed, placed, attached, painted, erected, fastened, or manufactured in any manner whatsoever so that it is visible from the outside of a sexually oriented business; and

(B) used to seek the attraction of the public to any goods, services, or merchandise available at the sexually oriented business. The term “sign” also includes any representation painted on or otherwise affixed to any exterior portion of a sexually oriented business establishment or to any part of the tract upon which the establishment is situated.

(13) SPECIFIED ANATOMICAL AREAS means:

(A) any of the following, or any combination of the following, when less than completely and opaquely covered:

(i) any human genitals, pubic region, or pubic hair;

(ii) any buttock; or

(iii) any portion of the female breast or breasts that is situated below a point immediately above the top of the areola; or

(B) human male genitals in a discernibly erect state, even if completely and opaquely covered.

(14) SPECIFIED SEXUAL ACTIVITIES means and includes any of the following:

(A) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(B) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(D) excretory functions as part of or in connection with any of the activities set forth in Subparagraphs (A) through (C) of this paragraph.

(c) Zoning classification of sexually oriented businesses. The different types of sexually oriented businesses defined above are classified as follows for zoning purposes:

SEXUALLY ORIENTED BUSINESS	CHAPTER 51, ARTICLE IV, ZONING CLASSIFICATION	CHAPTER 51A, ARTICLE IV, ZONING CLASSIFICATION	CHAPTER 51A, ARTICLE XIII, ZONING CLASSIFICATION
Adult arcade	Inside commercial amusement See Section 51-4.208.	Commercial amusement (inside) See Section 51A-4.210.	Commercial amusement (inside) See Section 51A-13.306(d)(6)(A).
Adult bookstores or adult video stores	Retail stores other than listed See Section 51-4.211.	General merchandise or food store See Section 51A-4.210.	Retail sales See Section 51A-13.306(d)(5)(C).
Adult cabaret	Inside commercial amusement See Section 51-4.208.	Commercial amusement (inside) See Section 51A-4.210.	Commercial amusement (inside) See Section 51A-13.306(d)(6)(A).
Adult motel	Hotel and motel See Section 51-4.216.1.	Hotel or motel See Section 51A-4.205.	Overnight lodging See Section 51A-13.306(d)(7)(B).
Adult motion picture theater	Theatre See Section 51-4.208.	Theater See Section 51A-4.210.	Indoor recreation See Section 51A-13.306(d)(6)(B).
Escort agency	Office See Section 51-4.210.	Office See Section 51A-4.207.	Office See Section 51A-13.306(d)(4)(B).
Nude model studio	Photography studio See Section 51-4.211.	Personal service See Section 51A-4.210.	Personal service See Section 51A-13.306(d)(6)(D).

(d) Always a main use. A use being operated as a sexually oriented business shall at all times be considered a separate main use, and cannot be an accessory use within the meaning of Section 51A-4.217. (Ord. Nos. 24438; 24696; 26513; 27404; 27495; 27790)

Division 51A-4.300. Off-Street Parking and Loading Regulations.

SEC. 51A-4.301. OFF-STREET PARKING REGULATIONS.

(a) General provisions.

(1) Off-street parking is an accessory use and is subject to Section 51A-4.217(a).

(2) In any district except a central area district, the off-street parking requirements for each use are listed by use in Sections 51A-4.201 through 51A-4.217.

(3) When a lot is used for a combination of uses, the off-street parking requirements are the sum of the requirements for each use, and no off-street parking space for one use is included in the calculation of off-street parking requirements for any other use, except as otherwise provided in this division or in Division 51A-4.320.

(4) For purposes of determining required off-street parking, site area, as defined in Section 51A-2.102, does not include that area occupied by off-street parking, landscaped areas, and open space not used for storage or sales.

(4.1) For purposes of determining required off-street parking, floor area does not include the area of a building used exclusively to provide bicycle parking spaces.

(5) In determining the required number of parking spaces, fractional spaces are counted to the nearest whole number, with one-half counted as an additional space.

(6) No parking space located on a public street or alley may be included in the calculation of off-street parking requirements.

(7) Except for residential uses, head-in parking adjacent to a public street where the maneuvering of the vehicle in parking or leaving the parking space is done on a public street is excluded in computing off-street parking requirements.

(8) In all districts except a central area district, required off-street parking must be available as free parking or contract parking on other than an hourly or daily fee basis. This requirement does not apply to institutional uses or mechanized parking approved under Division 51A-4.340.

(9) A parking space must be at least 20 feet from the right-of-way line adjacent to a street or alley if the space is located in enclosed structure and if the space faces upon or can be entered directly from the street or alley. This provision controls over any building line platted to a lesser setback and any other provision of this article.

(10) Except as specifically permitted in this article, all off-street parking must be provided on the lot occupied by the main use.

(11) The board of adjustment may not authorize the placement of special parking, as defined in Division 51A-4.320, in a residential district.

(12) Off-street parking may be provided in a parking district in accordance with Section 51A-4.302.

(13) In an agricultural, multifamily, MH(A), or nonresidential district, a person shall not construct or maintain a parking lot or garage that has access to a public alley or access easement that abuts or is in an R, R(A), D, D(A), TH, TH(A), or CH district unless the director approves the means of access.

(14) Off-street parking is not permitted in a visibility triangle as defined in Section 51A-4.602.

(b) Off-street parking provisions for residential districts.

(1) In residential districts, any off-street parking for nonresidential uses must comply with the minimum front yard requirements of Section 51A-4.401.

(2) In residential districts except an MF-3(A) or MF-4(A) district, required off-street parking for residential uses must be located behind a required front building line.

(3) In an MF-1(A), MF-1(SAH), MF-2(A), or MF-2(SAH) district, no required or excess parking may be placed in the required front yard.

(4) In an MF-3(A) or MF-4(A) district, any off-street parking for residential uses may extend to the front property line.

(5) Except for mechanized parking approved under Division 51A-4.340, in single family, duplex, townhouse, and CH districts, off-street parking must be provided at or below ground level.

(1) In nonresidential districts, any off-street parking may extend to the front property line.

(2) thru (5) Reserved.

(6) In order to provide adequate off-street parking for large scale mixed use development projects, the following are excluded in the calculation of off-street parking requirements:

(A) Ten percent of the required parking for the office use when that use totals in excess of 250,000 square feet in floor area and is developed on the same lot with a use qualifying for an exception under Subsections (c)(6)(B) or (C) of this section.

(B) Ten percent of the required parking for the hotel and motel use when that use totals in excess of 250 guest rooms and is developed on the same lot with a use qualifying for an exception under Subsections (c)(6)(A) or (C) of this section.

(C) Ten percent of the required parking for the retail and personal service uses, when those uses total in excess of 40,000 square feet in floor area and are developed on the same lot with a use qualifying for an exception under Subsections (c)(6)(A) or (B) of this section.

(D) Fifty percent of the required parking for the following uses when developed on the same lot with an office use with more than 250,000 square feet of floor area or a hotel or motel use with more than 250 guest rooms:

-- Bar, lounge, or tavern.

-- Carnival or circus (temporary)

-- Catering service.

-- Commercial amusement (inside).

-- Commercial amusement (outside).

-- Country club with private membership.

-- Drive-in theater.

-- Private recreation center, club, or area.

-- Public park, playground, or golf course.

-- Restaurant without drive-in service.

-- Restaurant with drive-in or drive-through service.

-- Theater.

(7) Retail mall parking.

(A) For purposes of this subsection:

(i) a “retail mall” is a building containing retail uses that occupy at least 400,000 square feet of gross floor area (excluding the pedestrian way). A retail mall may have additional uses; and

(ii) the term “recreation and entertainment uses” means the following uses:

-- Carnival or circus (temporary).

-- Commercial amusement (inside).

-- Commercial amusement (outside).

-- Country club with private membership.

-- Drive-in theater.

-- Private recreation center, club, or area.

-- Public park, playground, or golf course.

-- Theater.

(B) A retail mall is eligible for the parking requirement reduction in this subsection only if:

(i) all uses in the retail mall are physically attached to and have public access to an environmentally controlled pedestrian way; and

(ii) the floor area of the pedestrian way is at least seven percent of the gross floor area of the retail mall.

(i) 10 percent for all uses (including the pedestrian way), other than recreation and entertainment uses;

(ii) 50 percent for recreation and entertainment uses, other than theater uses, for floor area up to 10 percent of the gross floor area of the retail mall (including the pedestrian way); and

(iii) 50 percent for a theater use when the theater use is on the same building site as the retail mall and utilizes the same parking area as the retail mall.

(D) No reduction in required off-street parking spaces is allowed for that part of the gross floor area devoted to recreation and entertainment uses, other than theater uses, that is in excess of 10 percent of the gross floor area of the retail mall (including the pedestrian way).

(E) This subsection may not be used in conjunction with Section 51A-4.301(c)(6) to calculate a further reduction in the number of required off-street parking spaces for large scale mixed use development projects.

(d) Construction and maintenance provisions for off-street parking.

(1) Each off-street parking space must be provided in accordance with the following dimensional standards:

(A) A parking space parallel with the access lane must be 22 feet long and 8 feet wide. A one-way access lane must be at least 10 feet wide; a two-way access lane must be at least 20 feet wide.

(B) All other parking spaces must be provided in accordance with this section and the chart entitled “Parking Bay Widths” on page 271.

(i) 7.5-foot wide stalls must be double-striped and identified by pavement markings which indicate that the stalls are for small car parking.

(ii) 7.5-foot wide stalls may constitute no more than 35 percent of the required parking spaces for any use.

(2) For a use other than a single family, duplex, or vehicle storage lot use, each off-street parking space must be clearly and permanently identified by stripes, buttons, tiles, curbs, barriers, or another method approved by the building official.

(3) For a single family or duplex use, the surface of a parking space, maneuvering area for parking, or driveway must consist of an all-weather and drainable material which is approved by the building official, or a material specified in Subsection (d)(4).

(3.1) For a vehicle storage lot use, the surface of a parking space, maneuvering area for parking, or driveway must consist of an all weather material which allows delivery and release of vehicles in all weather conditions as approved by the director, unless paving surface requirements reasonably consistent with this paragraph and Subsection (d)(4) are provided in an ordinance granting or amending a specific use permit or a planned development district.

(4) For a use other than a single family, duplex, or vehicle storage lot use, the surface of an enclosed or unenclosed parking space, maneuvering area for parking, or a driveway which connects to a street or alley must be on a compacted sub-grade, and must consist of:

(A) concrete paving;

(B) hot mix asphalt paving which consists of a binder and surface course; or

(C) a material which has equivalent characteristics of Subsections (d)(4)(A) or (d)(4)(B) and has the approval of the building official.

(5) A person commits an offense if he stops, stands, parks, or maneuvers a motor vehicle on a lot, unless the vehicle is on a surface as required in Subsections (d)(3) and (d)(4). The registered owner of an unattended or unoccupied vehicle is presumed to be the person who illegally parked the motor vehicle. The records of the State Highway Department or the County Highway License Department showing the name of the person to whom the state highway license was issued is prima facie evidence of ownership by the named individual.

(5.1) A person commits an offense if he owns, occupies, or is in control of property on which a motor vehicle is maneuvered, stopped, stood, or parked, unless the vehicle is maneuvered, stopped, stood, or parked on a surface as required in Subsections (d)(3) and (d)(4).

(6) The owner of off-street parking for a use other than single family or duplex use shall:

(A) keep the maneuvering area and parking surface free of potholes;

(B) maintain wheelguards and barriers; and

(C) maintain non-permanent parking space markings such as paint, so that clear identification of each parking space is apparent.

(7) Off-street parking spaces for nonresidential uses and parking spaces along the perimeter of a commercial parking lot or garage must have wheel guards not less than 6 inches in height or other barriers approved by the building official. The wheel guard or barrier must be at least three feet from the screening and must be placed so that:

(A) no part of the automobile extends into the public sidewalk or adjoining property; and

(B) no part of the automobile contacts screening.

(8) All off-street parking spaces and areas must comply with the guidelines established in the Off-Street Parking Handbook. The director shall keep a true and correct copy of the Off-Street Parking Handbook on file in his office for public inspection and/or copying upon request.

PARKING WAY WIDTHS

PARKING ANGLE

7.5' STALL

8.5' STALL

9.0' STALL

10.0' STALL

AISLE

ONE ROW

TWO ROWS

AISLE

ONE ROW

TWO ROWS

AISLE

ONE ROW

TWO ROWS

AISLE

ONE ROW

TWO ROWS

ONE WAY

TWO WAY

ONE WAY

TWO WAY

ONE WAY

TWO WAY

ONE WAY

TWO WAY

ONE WAY

TWO WAY

ONE WAY

TWO WAY

ONE WAY

TWO WAY

ONE WAY

TWO WAY

ONE WAY

TWO WAY

ONE WAY

TWO WAY

ONE WAY

TWO WAY

ONE WAY

TWO WAY

12.0'

18.0'

26.5'

32.5'

41.0'

47.0'

11.1'

20.0'

27.5'

36.4

43.9'

52.8'

10.7'

20.0'

27.5'

36.8'

53.6'

9.3'

20.0'

27.0'

37.7'

44.7'

55.4'

12.0'

18.0'

28.0'

34.0'

44.0'

50.0'

11.4'

20.0'

29.5'

38.1

47.6'

56.2'

11.0'

20.0'

29.5'

38.1'

56.9'

9.3'

20.0'

28.5'

39.2'

47.7'

58.4'

12.0'

18.0'

29.1'

35.1'

46.2'

52.2'

12.7'

20.0'

32.0'

39.3

51.3'

58.6'

11.4'

20.0'

31.0'

39.6'

59.2'

9.9'

20.0'

30.1'

40.2'

50.3'

60.4'

14.0'

18.0'

31.6'

35.6'

49.2'

53.2'

15.2'

20.0'

35.0'

39.8

54.8'

59.6'

14.0'

20.0'

34.0'

40.0'

60.0'

10.4'

20.0'

31.0'

40.6'

51.6'

61.2'

15.0'

18.0'

32.6'

35.6'

50.2'

53.2'

18.2'

20.0'

38.0'

39.8

57.8'

59.6'

17.0'

20.0'

37.0'

40.0'

60.0'

13.7'

20.0'

34.0'

40.3'

54.3'

60.6'

18.0'

35.1'

52.2'

21.8'

41.0'

41.0

60.2'

19.7'

20.0'

39.0'

39.3'

58.6'

17.5'

20.0'

37.0'

39.5'

56.5'

59.0'

18.0'

34.0'

50.0'

24.0'

42.0'

42.0

60.0'

22.0'

22.0’

40.0'

58.0'

20.0'

38.0'

56.0'

(e) Lighting provisions for off-street parking.

(1) Commercial parking lot. A commercial parking lot which offers service and collects revenue for use after dark (including attended, self-park, coin-actuated gated lots, and rentals on any basis) must be lighted beginning one-half hour after sunset and continuing throughout the hours of use or until midnight, whichever is earlier. If only a portion of the parking lot is offered for use after dark, only that part must be lighted. However, the portion offered for use must be clearly designated. The lighting of a commercial parking lot must meet the following minimum requirements:

(A) The intensity of lighting on the parking surface must be:

(i) an average of at least two footcandles, initial measurement, and at least one footcandle on a maintained basis; and

(ii) a minimum at any point of at least 0.6 footcandle initial, and at least 0.3 footcandle maintained or one-third of the average for the lighted area, whichever is greater.

(B) The light sources must be:

(i) indirect, diffused, or covered by shielded type fixtures; and

(ii) installed to reduce glare and the consequent interference with boundary streets.

(C) Fixtures must be attached to buildings or mounted on metal poles at a height of no less than 20 feet above the parking surface.

(D) Strings of lamps or bare bulbs are prohibited.

(E) A commercial parking lot contiguous to or directly across the street or alley from an A, A(A), R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) district must comply with Subsection (e)(2) instead of this subsection.

(2) Other off-street parking. Off-street parking for a use other than single family, duplex, or the commercial parking lot use that offers service after dark must be lighted beginning one-half hour after sunset and continuing throughout the hours of use or until 10 o’clock p.m., whichever is earlier. If only a portion of a parking area is offered for use after dark, only that part must be lighted. However, the portion offered for use must be clearly designated. The lighting of the off-street parking area must meet the following minimum requirements:

(A) The intensity of light on the parking surface must be:

(i) an average of at least one footcandle, initial measurement, and at least one-half footcandle on a maintained basis; and

(ii) a minimum at any point of at least 0.3 footcandle initial, and at least 0.2 footcandle maintained or one-third of the average for the lighted area, whichever is greater.

(B) The intensity of spillover light on neighboring residential lots, measured at a point five feet inside the residential lot line and five feet above the ground surface, may not exceed 0.1 footcandle.

(i) be indirect, diffused, or covered by shielded type fixtures;

(ii) be installed to reduce glare and the consequent interference with boundary streets; and

(iii) not be visible from property that is:

(aa) occupied by a residential use; and

(bb) located within 600 feet of the light source.

(D) Fixtures must be attached to buildings or mounted on metal poles. If any portion of a fixture is over 20 feet in height, that portion may not be located above a residential proximity slope. (See Section 51A-4.412.)

(E) Strings of lamps or bare bulbs are prohibited.

(3) Special exception. The board of adjustment may grant a special exception to the height restrictions in this subsection if the board determines, after a public hearing, that the special exception will not adversely affect neighboring property. In determining whether to grant a special exception, the board shall consider the following factors:

(A) Hours of use for the parking area.

(B) Size and configuration of the lot on which the parking area is located.

(f) Screening provisions for off-street parking.

(1) The owner of off-street parking must provide screening to separate the parking area from:

(A) a contiguous residential use or vacant lot if either is in an A, A(A), R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) district and the parking area serves a nonresidential use; or

(B) a contiguous single family or duplex use or a vacant lot if any of these are in an R, R(A), D, D(A), TH, TH(A), or CH district and the parking area serves a multifamily use.

(2) If an alley separates a parking area from another use, the use is considered contiguous to the parking area. If a street separates a parking area from another use, the use is not considered contiguous to the parking area.

(3) Screening for off-street parking required under Subsection (f)(1) must be a brick, stone, or concrete masonry, stucco, concrete, or wood wall or fence that is not less than six feet in height. The wall or fence may not have more than ten square inches of open area for each square foot of surface area, and may not contain any openings or gates for vehicular access. The owner of off-street parking must maintain the screening in compliance with these standards.

(4) The board may not grant a special exception to the height requirements for screening around off-street parking.

(5) In an office district, all off-street surface parking lots, excluding driveways used for ingress or egress, must be screened from the street by using one or more of the following three methods to separately or collectively attain a minimum height of three feet above the parking surface:

(i) Brick, stone, or concrete masonry, stucco, concrete, or wood wall or fence.

(ii) Earthen berm planted with turf grass or ground cover recommended for local area use by the director of parks and recreation. The berm may not have a slope that exceeds one foot of height for each two feet of width.

(iii) Evergreen plant materials recommended for local area use by the building official. The plant materials must be located in a bed that is at least three feet wide with a minimum soil depth of 24 inches. Initial plantings must be capable of obtaining a solid appearance within three years. Plant materials must be placed a maximum of 24 inches on center over the entire length of the bed unless the building official approves an alternative planting density that a landscape authority certifies as being capable of providing a solid appearance within three years.

(6) For purposes of Subsection (f)(5):

(A) the height of screening is measured from the horizontal plane passing through the nearest point of the surface of the parking lot; and

(B) screening may be placed in a visibility triangle as defined in the visual obstruction regulations in Section 51A-4.602(c) of this chapter. Any screening placed in a visibility triangle must be two and one-half feet in height measured from the top of the adjacent street curb. If there is no adjacent street curb, the measurement is taken from the grade of the portion of the street adjacent to the visibility triangle.

(g) Reserved.

(h) Residential alley access restrictions for nonresidential uses.

(1) The following residential alley access restrictions are established in order to promote safety and protect the public from disturbances that interfere with the quiet enjoyment of residential properties. Between the hours of 10 p.m. and 7 a.m., no person may use a public alley or access easement that abuts or is in an R, R(A), D, D(A), TH, TH(A), or CH district for the purpose of delivering or receiving any goods or services to or from a nonresidential use in a nonresidential district. It is a defense to prosecution under this paragraph that the person is:

(A) a governmental entity;

(B) a communications or utility company, whether publicly or privately owned; or

(2) The board of adjustment may grant a special exception to the alley access restriction in Paragraph (1) if the board finds, based on evidence presented at a public hearing, that strict compliance with the restriction would result in the material and substantial impairment of access to the property as a whole. In determining whether access would be materially and substantially impaired, the board shall consider the following factors:

(A) The extent to which access to the restricted alley between the hours of 10 p.m. and 7 a.m. is essential to the normal operation of the use or uses to which the special exception would apply.

(B) The extent to which the property as a whole has reasonable access to other public streets, alleys, or access easements in addition to the restricted alley.

(C) The extent to which strict compliance with the alley access restriction will necessarily have the effect of substantially reducing the market value of the property.

(3) In granting a special exception under this subsection, the board shall:

(A) specify the use or uses to which the special exception applies; and

(B) establish a termination date for the special exception, which may not be later than five years after the date of the board’s decision.

(4) In granting a special exception under this subsection, the board may:

(A) authorize alley access only during certain hours; or

(B) impose any other reasonable condition that would further the purpose and intent of the alley access restriction.

(5) Notwithstanding any of the above, a special exception granted by the board under this subsection for a particular use automatically and immediately terminates if and when that use is changed or discontinued. (Ord. Nos. 19455; 19786; 20361; 20383; 20884; 21200; 21209; 21210; 21290; 21658; 21663; 22053; 22026; 23013; 24843; 25047; 28073; 29128; 30893)

SEC. 51A-4.302. PARKING [P(A)] DISTRICT REGULATIONS.

(a) General provisions.

(1) The parking district must be either contiguous to or perpendicularly across an adjoining street or alley from a main use.

(2) The owner of a lot in a parking district contiguous to an A, A(A), R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) district shall provide and maintain a minimum front yard of ten feet.

(b) Procedures for establishing a parking district.

(1) The applicant for a parking district shall comply with the zoning amendment procedure for a change in a zoning district classification.

(2) At the time of applying for a change in zoning district classification, the applicant shall submit a site plan that includes:

(A) the dimensions, bearings, and street frontage of the property;

(B) the location of the parking spaces and the use the parking district serves;

(D) screening, lighting, and landscaping; and

(E) any other information the director determines necessary for a complete review of the proposed development. (Ord. 19455)

SEC. 51A-4.303. OFF-STREET LOADING REGULATIONS.

(a) Required off-street loading standards.

(1) The off-street loading requirements for each use are listed by use in Sections 51A-4.201 through 51A-4.217.

(2) Reserved.

(3) A structure containing more than one use must meet the loading requirements for the sum of the requirements for each use, except if one use occupies 90 percent or more of the floor area of the structure, the off-street loading requirement is calculated as if the use occupied the entire structure.

(b) Location and design standards.

(1) Except as specifically provided in this section, required off-street loading spaces must be provided on the same lot as the use served.

(2) The first required off-street loading space must be of the medium or large size and at least 40 percent of the required off-street loading spaces must be of the medium or large size except:

(A) for a single retail or personal service use in Chapter 51A over 60,000 square feet, or for a retail use in Chapter 51 over 60,000 square feet, the first 25 percent of the loading spaces must be of the large size, then 25 percent must be of the medium or large size; and

(B) for hotels and motels, one required off-street loading space must be of the large size, and at least 75 percent of the required spaces must be of the large or medium size.

(3) In determining the size of the required number of loading spaces in Subsection (b)(2) above, fractional spaces are counted to the nearest whole number, with one-half counted as an additional space.

(4) Each large size off-street loading space must have a width of not less than 11 feet, a length of not less than 55 feet, and a height of not less than 14 feet.

(5) Each medium size off-street loading space must have a width of not less than 11 feet, a length of not less than 35 feet, and a height of not less than 13 feet.

(6) Each small size off-street loading space must have a height of not less than 7.5 feet, and either a length of not less than 25 feet with a width of not less than 8 feet, or a length of not less than 20 feet with a width of not less than 10 feet.

(7) Ingress to and egress from required off-street loading spaces must have at least the same vertical height clearance as the off-street loading space.

(8) Each required off-street loading space must be designed with a reasonable means of vehicular access from the street or alley in a manner which will least interfere with traffic movement. Each off-street loading space must be independently accessible so that no loading space blocks another loading space. Trash removal facilities and other structures must not block a required loading space. The design of the ingress, egress, and maneuvering area must be approved by the director of development services.

(9) Off-street loading facilities for more than one building site may be provided in a common terminal if connections between the building and terminal are off-street.

(10) If a publicly owned off-street truck terminal presently exists, is under construction, or is funded for construction, the required off-street loading for a use that is located on a lot contiguous to or perpendicular across the street from the terminal must be provided in the publicly owned off-street truck terminal if the truck terminal is designed to accommodate the loading needs of the use, as determined by the director of facilities and real estate management.

(11) If a use is served by a publicly owned off-street truck terminal, the owner of that use shall provide an off-street connection to the truck terminal, and shall pay a rental fee, as determined by city council.

(12) In an office district in Chapter 51A, or an NO, LO, MO, or GO district in Chapter 51, off-street loading spaces may not be located in the required front yard.

(13) Main uses under 10,000 square feet in size may share a common off-street loading space provided that the space is located within a walking distance of 150 feet from an exit of each use that it serves. For purposes of this paragraph, “walking distance” is measured along the most convenient pedestrian walkway between the nearest point of the loading space and the exit of the use.

SEC. 51A-4.304. OFF-STREET STACKING SPACE REGULATIONS.

(a) Site plan submission. All required off-street stacking spaces must be shown on a site plan that is approved by the building official and made part of the certificate of occupancy record for the use.

(b) Site plan requisites. A site plan submitted for review under this section must:

(1) show all existing and proposed points of ingress and egress, circulation and maneuvering areas, and off-street parking and loading areas; and

(2) separately tabulate the number of required off-street parking, loading, and stacking spaces in a conspicuous place on the plan for quick and easy reference.

(1) The purpose of stacking space requirements is to promote public safety by reducing on-site and off-site traffic congestion. A stacking space may be located anywhere on the building site provided that it can effectively function in a manner consistent with its purpose.

(2) At a minimum, a stacking space must be 8 feet wide and 18 feet long.

(3) A space at a drive-in or drive-through window, menu board, order station, or service bay may qualify as a stacking space.

(4) An area reserved for stacking spaces may not double as a circulation driveway or maneuvering area.

(d) Off-street stacking special exception.

(1) The board of adjustment may grant a special exception to authorize a reduction in the number of off-street stacking spaces required under this article if the board finds, after a public hearing, that the stacking demand generated by the use does not warrant the number of off-street stacking spaces required, and the special exception would not create a traffic hazard or increase traffic congestion on adjacent and nearby streets. The maximum reduction authorized by this subsection is two spaces for each of the first two drive-through windows, if any, or 25 percent of the total number of required spaces, whichever is greater, minus the number of spaces currently not provided due to already existing nonconforming rights.

(2) In determining whether to grant a special exception under Paragraph (1), the board shall consider the following factors:

(A) The stacking demand and trip generation characteristics of all uses for which the special exception is requested.

(B) The current and probable future capacities of adjacent and nearby streets based on the city’s thoroughfare plan.

(3) In granting a special exception under Paragraph (1), the board shall specify the use or uses to which the special exception applies. A special exception granted by the board for a particular use automatically and immediately terminates if and when that use is changed or discontinued.

(4) In granting a special exception under Paragraph (1), the board may:

(A) establish a termination date for the special exception or otherwise provide for the reassessment of conditions after a specified period of time;

(B) impose restrictions on access to or from the subject property; or

(C) impose any other reasonable condition that would have the effect of improving traffic safety or lessening congestion on the streets.

(5) The board shall not grant a special exception under Paragraph (1) to reduce the number of off-street stacking spaces required in:

(A) a planned development district; or

(B) an ordinance granting or amending a special use permit. (Ord. Nos. 19786; 20272)

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