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1284.051   ELECTRIC VEHICLE CHARGING EQUIPMENT.
   (a)   The intent of this section is to facilitate and encourage the use of electric vehicles, to expedite the establishment of an effective electric vehicle infrastructure and establish minimum requirements for such infrastructure.
   (b)   Definitions.
      (1)   Accessible electric vehicle charging station means an electric vehicle charging station where the battery charging station is located within accessible reach of a barrier-free access aisle and the electric vehicle.
      (2)   Battery charging station means an electrical component, assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles.
      (3)   Battery electric vehicle means any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle's batteries and produces zero (0) tailpipe emissions or pollution when stationary or operating.
      (4)   Charging levels means the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms 1, 2, and DC are the most common charging levels, and include the following specifications:
         A.   Level 1 is considered slow charging with 120v outlets.
         B.   Level 2 is considered medium charging with 240v outlets, charging head and cord hard-wired to the circuit.
         C.   DC is considered fast or rapid charging. Voltage is greater than two hundred forty (240).
      (5)   Electric vehicle means a vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid, or an off-grid source, that is stored on board for motive purposes. "Electric vehicle" includes:
         A.   Battery electric vehicle.
         B.   Plug-in hybrid electric vehicle.
      (6)   Electric vehicle charging stations (EVCS) means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.
      (7)   Electric vehicle supply equipment (EVSE) means any equipment or electrical component used in charging electric vehicles at a specific location. EVSE does not include equipment located in or on the electric vehicles themselves.
      (8)   Electric vehicle infrastructure means conduit/wiring, structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations and rapid charging stations.
      (9)   Electric vehicle parking space means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.
      (10)   Electrical capacity shall mean, at minimum:
         A.   Panel capacity to accommodate a dedicated branch circuit and service capacity to install a 208/240V outlet per charger;
         B.   Conduit from an electric panel to future EVCS location(s).
      (11)   Plug-in hybrid electric vehicle means an electric vehicle that:
         A.   Contains an internal combustion engine and allows power to be delivered to drive wheels by an electric motor;
         B.   Charges its battery primarily by connecting to the grid or other off-board electrical source;
         C.   May additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and
         D.   Has the ability to travel powered by electricity.
   (c)   Number of Required Electric Vehicle Charging Stations.
      (1)   All new or reconstructed parking structures or lots with fourteen (14) or fewer parking spaces shall be allowed, but not required, to install EVSE.
      (2)   All new or reconstructed parking structures or lots with at least fifteen (15) but no more than forty-nine (49) parking spaces, or expanded parking structures or lots that result in a parking lot with fifteen (15) to forty-nine (49) parking spaces, shall install EVSE as required below.
         A.   Multiple-family residential land uses shall have at least one (1) or five percent (5%) of required parking as Level 2 stations or better for resident parking (whichever is greater, and rounding up to the next whole number when there is a fraction).
         B.   Non-residential and mixed-use land uses with parking spaces available for use by the general public shall have at least one Level 2 station or better.
      (3)   All new or reconstructed parking structures or lots with at least fifty (50) parking spaces or expanded parking structures or lots that result in a parking lot with fifty (50) or more parking spaces, shall install EVSE as required below.
         A.   Multiple-family residential land uses shall have at least one (1) or five percent (5%) of required parking as Level 2 stations or better for resident parking (whichever is greater, and rounding up to the next whole number when there is a fraction), and one DC station for guest parking.
         B.   Non-residential and mixed-use land uses with parking spaces available for use by the general public shall have at least two percent (2%) of required parking as Level 2 stations with a minimum of two (2) spaces served by Level 2 charging, with at least one (1) station adjacent to a handicapped accessible parking space. In non-residential zoned districts, DC charging stations may be installed to satisfy the EVCS requirements described above on a one-for-one basis.
   (d)   Reductions to EVSE Requirements. When the cost of installing EVSE required by this chapter would exceed five percent (5%) of the total project cost, the property owner or applicant may request a reduction in the EVSE requirements. The applicant should submit cost estimates or other relevant documentation for Planning Commission consideration. Relief may be granted in the sole discretion of Planning Commission where the project is under consideration by them.
   (e)   Permitted Locations.
      (1)   Level 1 and Level 2 EVCSs are permitted in every zoning district, when accessory to the primary permitted use. Such stations located at single-family, two-family, and multiple family shall be designated as private restricted use only.
      (2)   DC EVCSs are permitted in the non-residential districts, when accessory to the primary permitted use.
      (3)   If the primary use of the parcel is the retail electric charging of vehicles, then the use shall be considered an automobile service station for zoning purposes. Installation shall be located in zoning districts which permit automobile service stations.
   (f)   General Requirements for Multi-Family Residential and Non-Residential Development Parking.
      (1)   Accessible Spaces. A charging station will be considered accessible if it is located adjacent to, and can serve, an accessible parking space as defined and required by the American with Disabilities Act (ADA). It is not necessary to designate the EVCS exclusively for the use of vehicles parked in the accessible space.
      (2)   Public use EVSE shall be subject to the following requirements:
         A.   The EVSEs shall be located in a manner that will be easily seen by the public for informational and security purposes.
         B.   The EVSE must be operational during the normal business hours of the use(s) that it serves. The EVSE may be de-energized or otherwise restricted after normal business hours of the use(s) it serves.
      (3)   Equipment Design Standards.
         A.   Battery charging station outlets and connector devices shall be mounted to comply with state code and must comply with all relevant Americans with Disabilities Act requirements. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designed and located as to not impede pedestrian travel or create trip hazards on sidewalks.
         B.   Electric vehicle charging devices may be located adjacent to designated parking spaces in a garage or parking lot as long as the devices do not encroach into the required dimensions of the parking space (length, width, and height clearances).
         C.   The design should be appropriate to the location and use. Facilities should be able to be readily identified by electric vehicle users and blend into the surrounding landscape/architecture for compatibility with the character and use of the site.
      (4)   Usage Fees. The property owner or manager may collect a service fee for the use of EVSE.
(Ord. 2020-021A. Passed 6-15-20.)
1284.06 LOCATION OF REQUIRED PARKING SPACES.
   (a)   In addition to specific requirements contained in each district regulation, the location of off- street parking facilities shall further be regulated according to the following provisions:
      (1)   The parking spaces required for residential buildings in a Residential District shall be located on the same zoning lot with the building or use served.
      (2)   Required guest parking in a multi-family, cluster one-family detached dwelling, or a one- family attached development, shall be equally distributed throughout the development.
      (3)   Areas Computed as Parking Spaces for Residential Uses. Areas that may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street.
      (4)   Off-street parking spaces for non-residential uses shall be located on the same lot as the structure or use unless off-site parking is provided pursuant to Section 1284.07, Allowance for Off-site Parking.
      (5)   All required off-street parking spaces shall have direct access to an aisle or driveway without the need to move any other vehicle, except as otherwise specifically permitted in this chapter.
      (6)   Parking in Designated Areas Only. Any vehicle customarily or seasonally parked on any lot shall be so parked only in parking areas specifically constructed for such purposes, and shall not be parked on tree lawns, sidewalks, lawns or other areas required by this Code to be landscaped. No parking of a vehicle shall be permitted on any portion of a lot designated as an accessory structure such as a patio, porch, or deck.
(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)
1284.07 ALLOWANCE FOR OFF-SITE PARKING.
   (a)   All off-site parking spaces shall be located on the same lot as the structure or use, except when parking spaces are provided in compliance with all the requirements of this section.
      (1)   The use shall supply at least fifty percent (50%) of its required spaces on-site. The Planning Commission may grant an exception to this requirement under the following criteria:
         A.   Proximity of the proposed parking area to the use served;
         B.   Ease and safety of access between the proposed parking area and the use served;
         C.   The use to be served by the off-site parking; and,
         D.   The hours of operation of the use to be served by the off-site parking.
      (2)   Off-site parking spaces shall be within three hundred (300) feet walking distance, measured along the route of public access to the property, of a building entrance or use. If the pedestrian access is to cross an arterial street, appropriate safety measures shall be present to help the pedestrian cross the street. In any event, safe and convenient pedestrian access, such as a sidewalk or path, shall exist or be provided from the structure or use to the parking lot.
      (3)   Contiguous lots providing off-street parking for more than one (1) use shall provide sufficient spaces to comply with the combined total parking requirements for all uses except when the allowance for shared parking is granted in compliance with Section 1284.08, Allowance for Shared Parking.
      (4)   The off-site lot may be located in a different zoning district than the structure or use it serves if a parking facility is permitted in the different zoning district.
      (5)   The lot used for an off-site parking facility shall be owned by or leased for at least a twenty (20)-year term or through a permanent easement by the owner of the use being served. The Zoning Administrator and the Law Director shall approve such lease or easement. If the term of the use is limited by a conditional use approval, then the term of the lease agreement may be limited accordingly. At the expiration of the term of a lease, the owner shall replace the off-site parking or end the use that required the parking.
      (6)   No changes shall be made to the off-site parking lot that would reduce the parking provided for the use, unless other arrangements to provide parking are made by the owner of the use. Those arrangements shall be approved by the Zoning Administrator prior to any changes taking place.
      (7)   Any required handicapped parking or loading spaces for a use shall be located on-site.
      (8)   An existing nonconforming parking lot to be used under this section as off-site parking shall be landscaped, paved and striped according to the standards of this chapter and this Zoning Code.
(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)
1284.08 ALLOWANCE FOR SHARED PARKING.
   Two (2) or more uses may share parking facilities without providing the minimum number of on- site required spaces for each use, when parking spaces are provided in compliance with all the requirements of this section.
   (a)   The minimum required number of parking spaces for the combined uses may be reduced by twenty percent (20%) for shared parking when hours of operation overlap. Residential uses shall not be allowed to share parking facilities.
   (b)   The shared use of required parking spaces shall be permitted for uses that are not normally open, used or operated during the same hours, provided that no more than fifty percent (50%) of the required parking spaces are shared.
   (c)   The parking facility to be shared shall be owned by the owner of one (1) of the uses or leased for at least a twenty (20)-year term or through a permanent easement by the owner of the uses being served. Such lease or easement shall be approved by the Zoning Administrator and the Law Director.
   (d)   No changes shall be made to the shared parking facility that would reduce the parking provided for the uses, unless the owner of one (1) of the uses makes other arrangements to provide parking. No such changes shall be made without Zoning Administrator approval prior to any changes taking place.
   (e)   Parking spaces to be shared shall not be reserved for a specific person, individual, or use on a twenty-four (24)-hour basis.
   (f)   Handicap parking spaces shall not be shared, unless the uses that are to share the spaces are adjacent to the handicap spaces and no inconvenience to the users of such spaces would be created.
   (g)   Loading spaces, when provided, shall not be shared.
   (h)   Any proposed change in the use of a structure that shares a parking facility will require proof to the Zoning Administrator that adequate parking is available.
   (i)   Parking facilities to be shared shall be located on the same lot or lots as the use for which the parking spaces are intended, except when the parking facility complies with all the requirements of Section 1284.07, Allowance for Off-site Parking.
(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)
1284.09 DEFERRED CONSTRUCTION OF REQUIRED SPACES.
   If the number of parking spaces required in Section 1284.04 is substantially larger than the number anticipated by the applicant and the applicant provides sufficient evidence that supports the reduced parking needs, a site plan may be approved with a lesser number of parking spaces provided:
   (a)   The total number of spaces initially provided shall not be less than seventy percent (70%) of the spaces required by Schedule 1284.04.
   (b)   Suitable area(s) must be reserved for the construction of the balance of the total number of spaces otherwise required by the Schedule and shall be illustrated on the site plan in locations and with landscaping in full compliance with this Code.
   (c)   That Planning Commission, upon reevaluation of the project's parking needs, may at any time direct that some or all of the land-banked spaces be constructed.
   (d)   Any additional parking shall be provided according to the approved site plan and only after approval of the construction plans by the City Engineer.
(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)
1284.10 OFF-STREET WAITING SPACES FOR DRIVE-THRU FACILITIES.
   (a)   All uses that provide a drive up or drive-thru service wherein customers stop or wait in line in motor vehicles for service shall provide queuing space arranged on the premises in single or multiple lanes pursuant to the following:
      (1)   Food service and sales, vehicle washes, or similar uses - one hundred fifty (150) lineal feet,
      (2)   Pharmacies, dry cleaning, and similar low volume services - one hundred (100) lineal feet,
      (3)   Drive through financial services, including automatic teller machines - one hundred fifty (150) lineal feet.
      (4)   Width of each lane shall be a minimum of ten (10) feet.
   (b)   Reduction in Queuing Area. A shorter queuing area may be approved by the Planning Commission upon the agreement of the applicant to provide additional area if customers begin to stack on public streets or interfere with traffic flow.
   (c)   Vehicles Prohibited within the Public Right-of-Way. In any case, vehicles shall not be permitted to wait within the public right-of-way for service at such drive up or drive-thru facilities nor shall traffic hazards or nuisances be created.
   (d)   Access. No waiting/queuing spaces for a drive up or drive-thru service shall be permitted which would obstruct access into or out of any off-street parking space on the property.
   (e)   Location of Drive up or Drive-thru Services. Drive up and drive-thru lanes, queuing spaces, speakers, and order windows shall not be located in the required front, side, or rear setbacks including the required setback adjacent to street rights-of-way.
(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)
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