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Sec. 10-02-31 through Sec. 10-02-50 Reserved for Future Use.
A. The following regulations are applicable generally to all property within the City as set forth herein.
B. Waivers.
1. The Commission may, in its discretion, authorize and approve waivers from the requirements and standards of the generally applicable regulations in this Ordinance upon a finding that:
a. The approval of the waiver request will not be detrimental to the public safety, health, and welfare, or injurious to property within a reasonable proximity to the subject property involved in the waiver request.
b. The strict application of the applicable Ordinance standard will result in practical difficulties in the development due to the particular physical surroundings, unique constraints, or topographical conditions of the subject property. These conditions will not substantially alter the character of the subject district or zone.
c. The practical difficulties were not self-imposed and cannot be overcome by reasonable design alternatives. Financial hardship does not constitute a practical difficulty.
d. The waiver request is necessary and represents a minimal deviation from explicit Ordinance standards.
2. In approving waivers, the Commission may impose such conditions as will, in its judgment, substantially secure the objectives of these regulations.
3. Applications for waivers shall be submitted to the Commission with application forms as prescribed by the Plan Commission. On the application, the applicant shall describe the requested waivers and shall submit proposed findings of fact in support of each requested modification. The applicant shall bear the burden of establishing a sufficient factual basis for each requested modification.
(Ord. 20-29, § 2, 9-21-20)
A. Intent. Every use of land must include on-premises parking sufficient for the needs normally generated by the use. Parking shall be provided in a manner than is safe, accessible, well-designed, and mitigates environmental impacts.
B. Applicability. The standards of this section shall apply to new development and expansions greater than twenty percent (20%), as described below:
1. Expansion of a structure (GFA), use, number of dwelling units, or seating capacity beyond twenty percent (20%) requires that the entire site must be compliant with the standards herein.
2. If the expansion is less than twenty percent (20%), then only the expanded part of the use, building or site must be compliant with these standards.
3. If only the site, and not the use or building, is expanded by more than twenty percent (20%), then only the site must be compliant with these standards.
4. Where the development standards tables in Division II of this code identify parking as located in side or rear yards, one double-row of parking is permitted in front of the primary structure.
C. Calculation of Required Parking Spaces. In determining the required number of parking spaces, fractional spaces are rounded to the nearest whole number, with one-half (½) or more counted as an additional space. Where multiple uses exist on the same lot, the required parking minimum will be the sum of the required parking for each use. Parking reductions may be granted for shared parking as listed herein.
D. Minimum Parking Standards. The table below displays the minimum required parking standards by use. Uses not included in the table do not have prescribed parking space counts.
Uses | Off-Street Parking Count |
Uses | Off-Street Parking Count |
Animal Care Services | |
Boarding/kennel | 1 per every six kennels |
Animal grooming (without kennel) | 1 per animal grooming station |
Veterinary Clinic | 2 per examination room |
Arts and Entertainment | |
Motion Picture or Live Theater | 1 per 3 theater seats |
Automotive Retail | |
Retail - Convenience with gasoline | 1 per 350 sq. ft. of gross indoor showroom / office floor area |
Vehicular Sales - Automobiles | 1 per 350 sq. ft. of gross indoor showroom / office floor area |
Vehicular Sales - Motorcycles | 1 per 700 sq. ft. of gross indoor showroom / office floor area |
Vehicular Sales - Recreational Vehicles and Boats | 1 per 700 sq. ft. of gross indoor showroom / office floor area |
Automotive Services | |
Vehicle Care Services - Major | 2 per repair bay |
Vehicle Care Services - Non-major | 2 per repair bay |
Personal Care Services | |
Adult Day Care | 1 per employee |
Child Day Care - Center | 1 per 200 sq. ft. of gross floor area |
Child Day Care - In Home | 2 spaces required |
Crematorium (standalone) | 1 per 700 sq. ft. of gross floor area |
Funeral Home | 1 per 250 sq. ft. of gross floor area |
Congregation | |
Event Center - Private Events and Conferences | 50% of total maximum occupancy |
Religious Assembly | 50% of total maximum occupancy |
Eating and Drinking | |
Beverage - Brewing and Distilling w/on-premise consumption | 1 per 350 sq. ft. of gross floor area |
Beverage Sales - Liquor and Beer Sit Down/Bar Establishment | 50% of total maximum occupancy |
Food Service - Quick Serve/Fast Food with Drive Through | 1 per 3 dining room seats and 2 waiting spaces per drive through lane |
Food Service - Quick Serve/Fast Food without Drive Through | 1 per 3 dining room seats |
Food Service - Fast Casual Restaurant | 1 per 200 sq. ft. of gross floor area |
Food Service - Full Service Restaurant | 50% of total maximum occupancy |
Medical | |
Health and Wellness - Fitness Facility/Gym | 1 per 300 sq. ft. of gross floor area |
Health and Wellness - Massage or Therapy | 2 per licensed professional |
Medical - Full Service Hospital | 3 per inpatient care room |
Medical - Outpatient and Urgent Care | 2 per licensed professional |
Medical - Psychiatric Facility - Standalone | 2 per licensed professional |
Medical - Office | 2 per licensed professional |
Medical - Standalone Emergency Services | 2 per licensed professional |
Studio - Gymnastics/dance/fitness | 1 per 300 sq. ft. of gross floor area |
Industrial | |
Beverage - Distribution | 1 per 1,500 sq. ft. gross floor area |
Equipment Repair - Heavy | 2 per service bay |
Equipment Repair - Light | 2 per service bay |
Beverage - Brewing and Distilling w/out on-premise consumption | 1 per 1,500 sq. ft. gross floor area |
Food Service - Processing | 1 per 1,500 sq. ft. gross floor area |
Food Service - Production | 1 per 1,500 sq. ft. gross floor area |
Manufacturing - Heavy | 1 per 2,500 sq. ft. gross floor area |
Manufacturing - Light | 1 per 1,500 sq. ft. gross floor area |
Storage - Outdoor | 1 per 250 sq. ft. of gross office/sales floor area |
Warehouse - Large Format | 1 per 5,000 sq. ft. gross floor area |
Warehouse - Small Format | 1 per 2,500 sq. ft. gross floor area |
Lodging | |
Camping | 1 spot per camping space |
Overnight Lodging - Bed and Breakfast | 1 per available room |
Overnight Lodging - Extended Stay | 1 per available room |
Overnight Lodging - Hotel | 1 per available room |
Overnight Lodging - Transient Occupancy | 1 per available room |
Office | |
Office - Corporate | 1 per 350 sq. ft. gross floor area |
Office - Call Center | 1 per 350 sq. ft. gross floor area |
Office - Professional Services | 1 per 350 sq. ft. gross floor area |
Institutional | |
Event Center - Public Meetings and Conventions | 50% of total maximum occupancy |
Library | 1 per 750 sq. ft. gross floor area |
Recreation | |
Shooting Range - Indoor Only | 1 per 750 sq. ft. gross floor area |
Residential | |
Dwelling - Attached Single-Family | 2 per dwelling unit |
Dwelling - Detached Single-Family | 2 per dwelling unit |
Dwelling - Multi-Family Building | 1 bedroom |
Dwelling - Multi-Family Building Complex | 1.75 per dwelling unit |
Dwelling - Mobile Home | 2 per pad |
Dwelling - Two-Family | 1 per dwelling unit |
Residential Care | |
Dwelling - Assisted | .75 per dwelling unit |
Dwelling - Group | .50 per bedroom |
Dwelling - Nursing | .50 per bed |
Dwelling - Developmental Disability | .50 per bedroom |
Retail | |
Neighborhood Grocery/Market (< 10,000 GFA) | 1 per 500 sq. ft. |
Retail - Large Format (>25,000 GFA) | 1 per 500 sq. ft. |
Retail - Medium Format (10,000-25,000 GFA) | 1 per 500 sq. ft. |
Retail - Small Format (0-10,000 GFA) | 1 per 500 sq. ft. |
Retail Services | |
Storage - Self-Store Indoor | 1 per 250 sq. ft. of gross office/sales floor area |
Storage - Vehicular and Boat | 1 per 250 sq. ft. of gross office/sales floor area |
Financial Services | 1 per 250 sq. ft. of gross office/sales floor area |
Tattoo Services | 1 per 250 sq. ft. of gross office/sales floor area |
Personal Care and Beauty Services | 2 per client station |
Clothing Services - Dry Cleaning | 1 per 250 sq. ft. of gross sales floor area |
Mixed Use | |
Mixed-Use (mix of permitted uses) | Residential: 1 per unit (must be a reserved space) Non-Residential: As required by specific use |
Wholesale | |
Auction Facility | 10 per auction bay |
E. Parking Space Dimensions and Drive Aisles. Parking spaces and drive aisles shall conform to the following minimum dimensions:
Parking Space Angles (One-way travel unless otherwise stated) | Minimum Width (feet unless indicated by “as inches) | Minimum Length (feet) | Minimum Drive Aisle Width (feet) |
Parallel parking | 8 | 22 | 12 |
Parallel parking (two-way travel) | 9 | 22 | 24 |
Ninety-degree parking | 10 | 18 | 22 |
Sixty-degree parking | 10' 5" | 18 | 17 |
Forty-five-degree parking | 12' 9" | 19 | 13 |
Angled parking measurements are illustrated below:
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Parking dimensions for spaces in the Old Town District may be reduced to nine (9) feet by eighteen (18) feet.
F. Parking Area Surfaces. All driveways and parking areas for all uses shall be paved with concrete, asphalt, pavers, or pervious pavers. Porous pavement should be used to the greatest degree possible, and the Stormwater Technical Standards Manual should be referenced for Best Management Practices (BMP).
G. Parking Reductions. Reduction of the number of parking spaces required for a property under this Ordinance may be reduced if any of the following conditions are satisfied. Conditions that warrant a reduction in required parking spaces are listed in the table below:
Parking Reduction | Rate | Maximum Reduction |
Parking Reduction | Rate | Maximum Reduction |
Shared Parking | The minimum parking provision for shared parking between multiple uses shall be the largest required minimum parking of all users, plus 20% of the parking minimum assigned for every subsequent use. | Total parking demand shall not be reduced by more than 30% of overall demand. No two (2) of the same use shall share parking. |
Bicycle Parking | Parking spaces may be reduced at a rate of one (1) vehicular space per four (4) bicycle parking spaces. | Four (4) parking spaces - if a property is within 800 feet of a multi-use trail or on-street bicycle lane, the maximum reduction shall be increased to eight (8) parking spaces. |
Transit | A primary entrance located within 1,300 feet of an operational transit stop, shall be eligible for a reduction of three (3) parking spaces. | Three (3) spaces per every transit stop. |
Public Parking | A primary entrance located within 1,000 feet of a public parking facility, regardless of whether such public parking is publicly or privately owned, shall be eligible for a reduction at a rate of two (2) parking spaces for every thirty (30) parking spaces available to the general public at such parking facility; subject to availability as identified by the garage owner. | No Maximum Reduction |
Rideshare | A primary entrance located within 500 feet of an active ridesharing program. | Three (3) spaces for every rideshare car, or 25% of required spaces, whichever is larger. |
On-Street Parking | The existence of public, striped on-street parking abutting the applicant’s property shall be eligible for a reduction in the required minimum number of parking spaces at a rate of one (1) space for each on-street parking space adjacent to the subject property. | 25% |
Mature Tree Preservation | The preservation of a mature tree with a trunk diameter greater than twelve inches (12") shall be eligible for a reduction in the required minimum number of parking spaces at a rate of four parking spaces for each mature tree preserved on the subject property. | 25% |
H. Bicycle Parking.
1. Applicability.
a. Bicycle parking shall be provided for all new construction and building expansions beyond twenty percent (20%) that are located within five hundred feet (500') of a multi-use trail.
2. Bicycle Parking Design, Location and Count.
a. Bicycle parking areas shall be designed so that when fully occupied, bicycles, including trailers, shall not obstruct an adjacent sidewalk, path, or other pedestrian way.
b. Bicycle parking spaces shall be near the main entryway into the primary structure or located inside the primary structure.
c. Bicycle parking spaces shall be provided at a rate of 1 bicycle parking space per twenty (20) vehicle parking spaces. No more than ten (10) bicycle parking spaces shall be required for any primary structure.
I. Parking Provision Greater than the Required Minimum.
1. Parking may be provided at a rate that exceeds the required minimum number of parking spaces. However, if the amount of parking provided exceeds one hundred fifty percent (150%) of the required parking minimum, additional perimeter tree planting will be required at a rate of one tree with a minimum caliber diameter of three inches (3") at the time of planting for every eight (8) parking spaces that exceed one hundred fifty percent (150%) of the minimum required number of parking spaces.
(Ord. 20-29, §2, 9-21-20; Ord. 21-44, §1, 10-4-21)
A. The requirements for commercial off-street loading facilities shall be provided in accordance with the following standards for any new structure which requires the receipt or distribution of materials or merchandise by trucks or similar commercial vehicles.
B. The following requirements shall pertain to the location of loading berths:
1. All required loading berths shall be located on the same lot as the use served;
2. Loading facilities shall not be located within two hundred feet (200') of a residential property;
3. In no case shall a loading berth be located in such a manner as to require loading/unloading vehicles to back into or maneuver within a public right-of-way or overhang adjacent property;
4. A plan shall be submitted and approved during the review process that shows how the loading will occur; and
5. No permitted or required loading berth shall be located within fifty feet (50') of the nearest point of intersection of any two streets.
6. Loading or unloading may not interfere with or encroach on fire and emergency vehicle lanes, parking areas, sidewalks, bike lanes, drive aisles or queuing areas.
7. Loading areas are not permitted within one hundred feet (100') of a residential dwelling.
8. Loading areas may not block required parking, or the associated circulation for required parking.
9. Loading areas must be located to the side or the rear of the building and may not be placed between the street and the building or any front facade of a building.
C. Unless otherwise specified, a required off-street loading berth shall be as follows:
1. For local pickup and delivery trucks: Twelve feet (12') in width by thirty feet (30') in length with a forty-five-foot (45') maneuvering apron and shall have a vertical clearance of at least twelve feet (12'). Maneuvering apron shall be at least twenty feet (20') from the centerline of the street.
2. For over-the-road tractor-trailers: Twelve feet, six inches (12' 6") in width by sixty feet (60') in length with a seventy-foot (70') maneuvering apron and shall have a vertical clearance of at least fifteen feet (15'). In no case, shall the loading berth be less than one hundred forty-five feet (145') from the centerline of the street.
D. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.
E. All off-street loading berths shall be surfaced with concrete or other appropriate material meeting the durability requirements. Bituminous asphalt may be used on the portions of the apron outside of the landing/parking space.
F. Space allocated for off-street loading use shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
G. Uses for which off-street loading facilities are required herein, but which are located in buildings of less floor area than the minimum prescribed, shall provide adequate receiving facilities accessible by motor vehicles off any adjacent alley, service drive, or open space on the same lot.
H. Vehicle loading areas shall be screened from adjacent uses with a five feet (5') buffer area planted with shrubs or trees to form a fully opaque planted screen. A fence made of wood may be substituted for the fully opaque planted screen.
I. The overnight parking of semi-trucks shall not occur between the hours of 10:00 p.m. and 7:00 a.m. except in designated areas in the rear of a building.
(Ord. 20-29, § 2, 9-21-20)
A. Applicability. All new construction of buildings over ten thousand (10,000) square feet of GFA within the Old Town district must provide facilities for the loading, pick-up, and drop-off for rideshare passengers and postal deliveries.
B. Standards. For every ten thousand (10,000) square feet of GFA, not fewer than one (1) and not more than four (4) designated delivery and rideshare drop-off spaces must be provided within one hundred feet (100') from an entrance.
(Ord. 20-29, § 2, 9-21-20)
A. Applicability. The following standards apply to all new or expanded drive-thru(s), which shall include any pick-up window, and the addition of drive-thru facilities on existing properties:
1. Drive-thru(s) may not be located within one hundred feet (100') of a residential dwelling or school.
2. If within two hundred feet (200') of a residential dwelling, drive-thru(s) may not operate between the hours of 11:00 p.m. and 6:00 a.m.
3. Drive-thru(s) are not permitted anywhere in Old Town.
B. Stacking Lane Requirements. The following table displays the minimum number of stacking spaces required in the lane that provides access to the service window, or service machine. The number of stacking spaces is determined by use as per the table below. All drive-thru(s) windows must be located so that they do not interfere with vehicular or pedestrian circulation.
Minimum Required Drive-Thru Stacking Spaces (from first window) | |
Use | Minimum Spaces |
Minimum Required Drive-Thru Stacking Spaces (from first window) | |
Use | Minimum Spaces |
Financial Services (per bay) | 3 |
Food Service with Drive-Thru (1 window) | 6 |
Food Service with Drive-Thru (2 window) | 8 |
Automotive services - self-serve (per bay) | 3 |
Car Wash (automated) | 3 for each bay; 5 for a conveyor wash facility |
Clothing Services - Dry Cleaning, Other Uses | 3 |
C. Stacking Lane Design and Construction. Drive-thru stacking lanes must adhere to the following standards:
1. All stacking spaces must have a minimum width of ten feet (10') along straight segments, twelve feet (12') along curved segments, and the stacking space length must be a minimum of twenty feet (20').
2. Drive-thru lanes must be separated by striping and may not interfere with off-street parking or the lanes utilized for maneuvering in and out of off-street parking spaces.
3. Establishments with drive-thrus must provide a by-pass lane whereby vehicles may circulate around the structure separate from the drive-thru lanes.
4. There must be one (1) trash receptacle provided per drive-thru lane.
5. Pedestrian walkways shall be clearly visible and emphasized by enhanced paving or markings where they intersect drive-in or drive-thru aisles.
D. Menu Board Count and Area. The following regulations shall apply to menu boards and directional signage within drive-thru facilities:
1. Two menu boards per drive-thru aisle are permitted.
2. Associated directional signage that gives directions to vehicles through the parking lot and drive-thru is permitted and may not be used for advertising purposes. These boards may not exceed thirty two (32) square feet.
3. Drive-thru directional signs may not be larger than five (5) square feet and must be located adjacent to the drive through lane.
4. Menu boards may internally illuminate for the sole purpose of lighting menu writing or graphics and may not flash or have any visible bulbs or LED lighting. Electronic menu boards are permitted provided the content does not change more than four (4) times in any twenty-four (24)-hour period.
5. All menu boards must be oriented toward the driver in the drive-thru aisle that it is serving and may not face the right-of-way.
E. Drive-thru Noise and Hours.
1. Drive-thru speakers shall not emit more than 50 decibels and shall not be audible above ambient noise from adjacent properties. When adjacent to a residential zone or a building not in a residential zone but used for residential purposes, the hours of operation of the drive-thru shall not be earlier than 6 a.m. and not later than 11 p.m. each night of the week.
(Ord. 20-29, §2, 9-21-20; Ord. 21-44, §1, 10-4-21)
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