1313.09  OFF-STREET LOADING.
   (a)   When Required.  Off-street loading space shall be required and maintained in connection with any building or part thereof, hereafter erected or altered which is to be occupied by uses requiring the receipt or distribution of materials or merchandise.
   (b)   Locations.
      (1)   Same Lot.  Off-street loading space shall be located on the same lot as the structure for which provided.
      (2)   Required Yards.  Off-street loading space may occupy all or any part of any required yard space, other than the front yard or side yard adjoining a street. The Town Council may authorize off-street loading in the front or side yard adjoining a street if such authorization would not result in traffic hazards.
      (3)   Landscaping.  Off-street loading spaces that adjoin or are across the street from property in a residential district, shall have a dense evergreen planting, fence, masonry wall, or such other screening, as may be determined by the Town Council. The Town Council shall also determine the height, location, and density of screening used to provide adequate protection to adjoining property.
   (c)   Duties to Provide.  The duty to provide the off-street loading space herein required shall be the joint and/or separate responsibility of the operator and owner of the structure or structures for which off-street loading space is required to be provided. No structure shall be designed, erected, altered, used or occupied unless the off-street loading space herein required is provided in at least the amount herein set forth; provided, however, that off-street loading space need not be provided for structures actually used, occupied and operated on the effective date of this article unless, after the effective date of this article, such structures are enlarged or expanded, or the uses within such structures are enlarged, expanded or changed, so as to require a greater amount of off-street loading space than the amount of off-street loading space not required to be furnished by reason of the foregoing exclusion, in which event, the structures hereby excluded shall not be used, occupied, or operated unless there is provided for the increment only of such structures, and maintained as herein required, at least the amount of off-street loading space that would be required hereunder if the increment were a separate structure.
   (d)   Designs, Development, and Maintenance.  Every parcel of land hereafter used for off-street loading space shall be designed, developed, and maintained in accordance with the following requirements. Off-street loading space:
      (1)   Repair, Dismantling, and Servicing of Vehicles.  Shall not be used for the sale, repair, dismantling, or servicing of any vehicles, equipment, materials, or supplies if such loading facilities are within two hundred (200) feet of a Residence in a Commercial District.
      (2)   Drainage and Surfacing. Shall be graded for proper drainage and provided with an all-weather surfacing material capable of bearing a line load of two hundred (200) pounds per square foot and shall be maintained at all times in such a manner as to prevent the release of dust and to be free to dust, trash, and debris.
      (3)   Access and Maneuvering.  Shall be provided with entrances and exits and each of which shall not be less than twelve (12) feet in width, nor more than thirty-six (36) foot of width, excluding any lane control island or other such device as may be commonly used to separate traffic, and shall be so designed as to provide adequate vehicular access and maneuvering space in a manner which does not unduly interfere with safe vehicular traffic movement.
      (4)   Protection. No portion of a vehicle shall project into a street, alley, or other public right-of-way while being loading or unloaded.
      (5)   Size.  Unless otherwise specified, a required off-street loading berth shall be at least twelve (12) feet in width by at least thirty (30) feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fifteen (15) feet.
      (6)   Off-Street Parking Requirements.  Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
Central loading facilities may be substituted for loading berths on the individual district lots provided the following conditions are fulfilled:
         A.   Each district lot served shall have direct access to the central loading area without crossing streets or alleys at-grade.
         B.   Total off-street loading berths provided shall meet the minimum requirements herein specified, based on the sum of several types of uses served. (Area of types of uses    may be totaled before computing number of loading berths).
         C.   No district lot served shall be more than five hundred (500) feet removed from the central loading area.
         D.   The tunnel or ramp connecting the central loading area with the district lot served shall be not less than seven (7) feet in width and have a clearance of not less than seven (7) feet.
      (7)   Below Minimum Required Facilities.  Uses for which off-street loading facilities are required herein, but which are located in buildings of less floor area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities, accessible by motor vehicle, off any adjacent alley, service drive, or open space serving that district lot.
   (e)   Amount of Space Required. At least the following amounts of off-street loading space shall be provided, plus an area or means adequate for maneuvering, ingress and egress.
   (f)   Modifications. The Town Council may authorize a modification, reduction, or waiver of the foregoing requirements, if it should find that, in the particular case appealed the peculiar nature of the business, trade, industry, or other use, or the exceptional situation or condition, would justify such action.
(Ord. 08-02.  Passed 12-4-08.)