A. Purpose: The regulation of off street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right of way and to promote the safety and general welfare of the public, by establishing minimum requirements for off street parking of motor vehicles in accordance with the utilization of various parcels of land. The regulations and requirements set forth herein shall apply to all off street parking facilities in all of the zoning districts of the city.
B. Site Plan Drawing Necessary: All applications for a zoning permit in all zoning districts shall be accompanied by a site plan drawing with dimensions indicating the location of all off street parking and loading spaces.
C. General Provisions:
1. Reduction Of Existing Off Street Parking Space: Off street parking spaces existing upon the effective date hereof shall not be reduced in number or size unless said number or size exceeds the requirements set forth herein for a similar new use.
2. Change Of Use Or Occupancy Of Buildings: Any change of use or occupancy of any building or buildings including additions thereto requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations.
3. Stall, Aisle And Driveway Design:
a. Parking Space Size: Each parking space shall not be less than nine feet (9') wide and eighteen feet (18') in length, and each space shall be served by adequate access aisles. Accessible stalls shall meet the requirements of the state building code. Angle parking may be allowed by conditional use permit.
b. Within Structures: The off street parking requirements may be satisfied by providing space in a garage or carport.
c. Grade: The grade of any parking area shall not exceed five percent (5%).
d. Surfacing: Except in the TZ district, driveways and parking stalls shall be surfaced with asphalt or concrete. In industrial zones, driveways and parking stalls may be surfaced with gravel, or other materials equivalent in controlling dust and drainage, as approved by the city engineer. Plans for surfacing and drainage of driveways and stalls for five (5) or more vehicles shall be submitted to the city for review and the final drainage plan will be subject to written approval.
e. Striping: Except for single-family, two-family, and town house dwellings, all parking stalls shall be marked with white or yellow painted lines not less than four inches (4") wide or blue lines as required for disabled parking.
f. Lighting: Any lighting used to illuminate an off street parking area shall be hooded and so arranged as to reflect the light away from adjoining property, abutting residential uses and public rights of way.
g. Required Screening: All open off street parking areas of fifteen (15) or more spaces shall be screened and landscaped from abutting residential districts.
h. Driveway Turnarounds: In the case of single-family, two-family and town house dwellings, the installation of a vehicle turnaround space, immediately adjacent to the access driveway is permitted. Said space is to be no larger than ten feet (10') wide and fifteen feet (15') in length. Where possible, said space shall be located away from the principal structure and shall be no closer than twenty feet (20') from the street surface. Said space is not to be utilized for parking purposes.
D. Maintenance: It shall be the responsibility of the owner of the principal use, uses or buildings to maintain the parking space, accessways, striping and required screening.
E. Placement: All off street parking spaces will be regulated as follows:
1. Location: Off street parking spaces must be on the same lot under the same ownership as the principal use being served. As a conditional use, off street parking spaces can be on a separate lot not more than two hundred feet (200') from the principal building.
2. Head In Parking Prohibited: Except for single-family, two- family and town house dwellings, head in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street shall be prohibited.
3. No Parking Area: The boulevard portion of the street right of way may not be used for parking unless approved by the city council.
4. Setback Area: Required off street parking shall not be provided in required front yards or in required side yards, in residentially zoned districts.
5. Location Of Spaces For One- And Two-Family Dwellings: Required off street parking spaces for one- and two-family dwellings must be in the rear yard, side yards, garage, or carport. Parking spaces, including their access drives, provided in addition to required spaces must be paved with asphalt or concrete when such spaces are located in a front or side yard. Spaces in a rear yard may be surfaced with gravel.
6. Recreational Vehicles, Equipment, Trailers: Recreational equipment, recreational vehicles, utility trailers or equipment, and off road vehicles kept in a side yard or rear yard must be parked on a gravel, paved or concrete surface. Recreational equipment, recreational vehicles, utility trailers or equipment, and off road vehicles are limited to two (2) units and none are allowed to be on the front yard.
7. Enforcement: Violations may be enforced through tagging.
F. Use Of Required Area: Required off street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, repair work, storage of inoperable vehicles and/or storage of snow.
G. Accessible Parking Spaces: Accessible parking spaces shall be provided in accordance with the state building code.
H. Number Of Parking Spaces Required: The following minimum number of off street parking spaces shall be provided and maintained by ownership, easement and/or lease for the life of the respective uses herein set forth. Uses not specifically mentioned herein or unique cases shall be determined on an individual basis by the board of adjustment. Factors to be considered in such determination shall include (without limitation) size of buildings, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles.
Off street parking is not required for businesses in the C-1 central business district. New or enlarged structures must be provided with off street parking as required by this title.
1. Drive Ins: Drive aisle stacking space of fifty feet (50') for each drive in unit, plus one space for each table/booth.
2. Dwellings, Single-Family And Multi-Family Apartment: Two (2) spaces per unit. These requirements shall be over and above the required accessible spaces required by state or federal law.
3. Elderly (Senior Citizen): One parking space per unit.
4. General Retail: Five (5) spaces per one thousand (1,000) square feet of floor plus one space for each employee.
5. Hotels, Motels, Tourist Homes And Cabins: One space for each room or suite.
6. Industrial And Manufacturing: One space per each employee on the shift of the greatest employment, plus one truck space for each twenty thousand five hundred (20,500) square feet of gross floor area. (See also loading space regulations.)
7. Nursing Homes, Convalescent Homes: One space for each two (2) residents or patients plus one space for each two (2) employees plus one reserved space for emergency vehicles.
8. Office Buildings, Public Buildings, Professional Offices, Medical And Dental Clinics: Two (2) spaces for each one thousand (1,000) square feet of floor area plus one space for each employee.
9. Restaurants, Cafes, Private Clubs Serving Food And/Or Drinks, Bars, On Sale Nightclubs: One space for each table/booth in dining area, one space for every four (4) seats in bar area.
10. School, Public Or Private, Elementary And Junior High: At least one parking space for each classroom plus one additional space for each thirty (30) student capacity.
I. Joint Facilities: The council may approve a conditional use permit for one or more businesses to provide the required off street parking facilities by joint use of one or more sites where the total number of spaces provided is less than the sum of the total required for each business should they provide them separately.
1. The building or use for which application is being made to utilize the off street parking facilities provided by another building or use shall be located within three hundred feet (300') of such parking facilities.
2. Documentation as specified by the city shall be submitted demonstrating that there is not substantial conflict in the principal operating hours of the two (2) buildings or uses (for which joint use of off street parking facilities is proposed).
3. A properly drawn legal instrument, executed by the parties concerned for joint use of off street parking facilities, duly approved as to form and manner of execution by the city attorney, shall be filed with the city and recorded with the Clay County recorder.
J. Off Site Parking: Any off site, off street parking which is used to meet the requirements of this title shall be a conditional use.
K. Design Standards:
1. All off street automobile parking facilities shall be designated with appropriate means of vehicular access to a street or alley as well as maneuvering areas. Detailed plans shall be submitted to the proper official for approval for all curb cuts or driveway openings before a permit may be obtained therefor.
2. Parking areas shall be paved with an asphalt or concrete surfacing, afford adequate drainage and shall have bumper guards where needed.
3. Off street parking areas for one- or two-family uses shall be in the rear, side yards, garage, carport, upon a well defined driveway or in an area not to exceed twelve feet (12') in width.
4. Off street parking areas for multiple-family units of three (3) or more shall park on a designated parking lot. In no case, unless approved by the zoning official in the issuance of a zoning permit or by the city council in cases of conditional uses, shall parking be permitted on the front yard.
5. Parking areas shall be used for automobile parking only with no sales, dead storage, repair work, dismantling or servicing of any kind permitted.
6. If lighting is provided, it shall be arranged to reflect away from the residential area, and also away from any public street or highway.
7. Violations shall be enforced through tagging.
8. The driveway in front of an enclosed parking space cannot be considered a separate parking space.
L. Loading Space: On the same premises with every building devoted to retail trade, retail and wholesale food markets, warehouses, supply houses, wholesale or manufacturing trade, hotels, hospital, laundry dry cleaning establishments or other buildings where large amounts of goods are received or shipped, erected in any district after the date of the adoption of this title, the owner or occupant shall provide loading and unloading space as follows:
1. Buildings of seven thousand five hundred (7,500) square feet of floor area, one loading space.
2. Each loading space shall be not less than twelve feet (12') in width, thirty five feet (35') in length, and fifteen feet (15') in height.
3. Loading space may not infringe on right of way or boulevard.
M. Parking Lots Of Commercial Or Industrial Uses Located In Residential Districts: When, in its opinion, the best interests of the community will be served thereby, the city council may permit, temporarily or permanently, the use of land in a residential district for a parking lot where the land abuts or is across the street from a district other than a residential district, provided that:
1. The lot is to be used only for the parking of passenger automobiles of employees, customers, or guests of the person or firm controlling and operating the lot, said person to be responsible for its maintenance.
2. The parking lot and that portion of the driveway back of the building line is to be adequately screened from the street and from adjoining property in a residential district by a sight obscuring fence or wall not less than four feet (4') high and located back of the building setback line; all lighting is to be arranged so that there will be no glare therefore annoying to the occupants of adjoining property in a residential district, and the surface of the parking lot is to be smoothly graded, hard surfaced, and adequately drained.
3. No charge is to be made for parking on the lot.
4. The lot is not to be used for sales, repair work, or servicing of any kind.
5. Entrance to and exit from the lot are to be located so as to do the least harm to the residential district.
6. No advertising sign or material is to be located on the lot.
7. All parking is to be kept back of the setback building line by barriers unless otherwise specifically authorized by the city council.
8. Such other conditions as may be deemed necessary by the city council to protect the character of the residential district.
N. Uses Not Specified: For any and all uses or structures not specifically provided for, the board of adjustment shall determine the necessary parking spaces after considering all the parking demands generated by the use.
(Ord. 230, 5-6-2002)