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(a) Approved final plans for a planned unit development (PUD) may be modified in accordance with the procedures set forth in Section 9.03(c).
(b) Minor changes may be permitted by the Planning Commission, following normal site plan review procedures outlined in Section 3.04, subject to its finding that:
(1) Such changes will not adversely or substantially affect the initial basis for granting approval; and
(2) Such minor changes will not adversely or substantially affect the overall PUD in light of intent and purpose of such development as set forth in Section 9.01.
ARTICLE 10
OFF-STREET PARKING AND LOADING
OFF-STREET PARKING AND LOADING
The purpose of this article is to ensure the provision of off-street parking facilities that are sufficient in number, adequately sized and properly designed to meet the range of parking needs and demands that are associated with land uses now in place in the City or with land uses allowed by this Ordinance.
Off-street parking facilities that are sufficient in number, adequately sized and properly designed to meet the range of parking needs and demands that are associated with the land uses allowed by this Zoning Ordinance shall be required in all districts, subject to the provisions of this article.
(a) Where Required. In all zoning districts, off-street parking facilities for the storage and parking of self-propelled motor vehicles for the use of occupants, employees, and patrons of the buildings hereafter erected, altered, or extended after the effective data of this Ordinance, shall be provided as herein prescribed. Such space shall be maintained and shall not be encroached upon so long as said main building or structure remains, unless an equivalent number of such spaces are provided elsewhere in conformance with this Ordinance.
(b) Existing Off-Street Parking at Effective Date of Ordinance. Off-street parking existing at the effective date of this Ordinance which serve an existing building or use, shall not be reduced in size to less than that required under the terms of this Ordinance.
(c) Required Greenbelt and Setbacks. Off-street parking, including maneuvering lanes, shall not be located within the required front setback and screened in accordance with Section 5.10. Off-street parking shall be permitted within the required side or rear yard setbacks, provided a minimum five (5) foot setback is maintained between off-street parking and the side and rear lot lines of all adjoining properties. At the discretion of the Planning Commission, existing platted lots of record with equal to or less than sixty- six (66) feet of frontage may be exempt from the greenbelt and setback requirements.
(d) Parking Duration. Except when land is used as storage space in connection with the business (including a repossession lot), or a repair or service garage, a twenty-four (24) hour time limit for parking in non-residential off-street parking areas shall prevail, it being the purpose and intention of the foregoing that the requirement of maintaining vehicle storage or parking space is to provide for the public safety in keeping parked cars off the streets, but such requirement is not designed to or intended to provide, and it shall be unlawful to permit, the storage or prolonged parking on any such parking area in any such district wrecked or junked cars, or for creating a junk yard or a nuisance in such areas.
(e) Units and Methods of Measurement. For the purpose of determining off-street parking requirements, the following units of measurement shall apply:
(1) Floor Area. Where floor area is the unit for determining the required number of off-street parking spaces, said unit shall mean floor area, as defined in Section 2.02.
(2) Employees. For requirements stated in terms of employees, the calculation shall be based upon the maximum number of employees likely to be on the premises during the largest shift.
(3) Places of Assembly. In stadiums, sports arenas, churches and other places of assembly in which those in attendance occupy benches, pews or other similar seating facilities, seating space required by the Building Code adopted by the City shall be counted as one (1) seat. In cases where a place of assembly has both fixed seats and an open assembly area, requirements shall be computed separately for each type and added together.
(4) Fractional Requirements. When units or measurements determining the number of required parking spaces result in a fractional space, any fraction shall require one (1) parking space.
(f) General Restrictions.
(1) All Districts.
A. The sale or repair of motor vehicles not owned by the occupant of the premises shall be prohibited in an off-street parking area, lot, or driveway.
B. The outdoor display of products and materials intended for retail sale and rental within off- street parking areas shall comply with the standards set forth in Section 6.18.
C. The storage of products, materials or equipment in semi-trailers shall be prohibited in any zoning district except the I-1 and I-2 Districts. The requirements of Section 5.13 shall apply to all such uses.
(g) Location of Parking.
(1) One and Two-Family Dwellings. Off-street parking shall be located on the same lot or parcel of the dwelling it is intended to serve, shall not be considered a parking lot under the provisions of this article, and is subject to the following:
A. Off-street parking serving one and two-family dwellings shall not be permitted in the required front yard except on the driveway or within a carport or garage.
B. Driveways and parking spaces serving dwellings constructed after the effective date of this Ordinance shall be located a minimum of two (2) feet from a side or rear lot line.
C. Single family residential dwellings shall have a maximum of one driveway, unless located on a corner lot.
D. Additional residential driveways and parking spaces may be permitted by the Planning Commission as a Special Land Use. Standards for additional drives within a front yard are as follows:
a. Only one additional driveway (for a maximum of two) may be considered in any front yard.
b. Driveways and parking shall not occupy more than fifty (50) percent of the required front yard and fifty (50) percent of any additional area of the front yard located outside of the required front yard. These requirements shall apply to all yards that abut a public street.
c. The maximum width for an additional circular drive proposed in any front yard shall be 12 feet.
d. The maximum width for any additional non-circular drive proposed in any front yard shall be the width of the door(s) and/or man doors serving the garage or 24 feet, whichever is larger.
(2) Multi-family residential uses within Single-family (R-1 and R-2) residential districts.
A. Driveways and parking for multi-family residential homes located in the R-1 or R-2 zoning districts must comply with the one and two-family dwelling standards in (1).
B. Additional driveways and parking spaces may be permitted by the Planning Commission as a Special Land Use. No additional driveways or parking spaces shall be considered in the front yard. A maximum of 50% of the total area of the rear and side yard may be considered for parking spaces or driveways.
(3) Multiple Family Residential within the RM Zoning District. The off-street parking facilities for multiple family dwellings shall be located on the same lot or parcel as the dwellings they are intended to serve, and shall consist of a parking lot as set forth in this article. In no event shall any parking space be located within ten (10) feet to any main building.
(4) All Other Uses. Off-street parking for all other uses, other than those listed in paragraph (g)(1) and (g)(2) hereof, shall be located on the same lot or parcel of the building or buildings they are intended to serve and are subject to the following conditions:
a. Special land use approval may be granted for off-street parking areas located within five hundred (500) feet of the permitted use requiring such off-street parking.
b. Parking is permitted in the front yard in the RM, O-1, CBD, B-1, B-2, I-1 and I-2 Districts with a minimum ten (10) foot setback from the street right-of-way provided.
c. The parking plan layout, points of access and screening shall be approved by the Planning Commission.
d. Screening shall be provided in accordance with Section 5.10.
e. Off-street parking shall be permitted within the required side or rear yard setbacks.
(5) Restriction of Parking on Private Property. It shall be unlawful for any person, firm, or corporation to park any motor vehicle on any private property without the authorization of the owner or agent of such property.
(a) The amount of required off-street parking spaces for new uses or buildings, additions thereto, and additions to existing buildings shall be determined in accordance with the table set forth in Section 10.04, no more or less may be approved except under the flexibility provisions found in Section 10.03(e) below. Parking requirements listed in Section 10.04 shall not include off-street stacking spaces for drive-through facilities that are listed in Section 10.07.
(b) Similar Uses and Requirements. When a use is not specifically mentioned, the requirements of off- street parking for a similar use shall apply.
(c) Collective Provisions. Nothing in this section shall be construed to prevent collective provisions of off-street parking facilities for two (2) or more buildings or uses, provided such facilities collectively shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with Section 10.04 of this article.
(d) Parking Exemption. As of the effective date of this Ordinance, buildings and uses located within the CBD, Central Business District shall be exempt from providing off-street parking, with the exception of new residential construction. Additionally, all existing off-street parking areas constructed prior to the effective date of this Ordinance shall remain.
(e) Flexibility in Application. The City recognizes that, due to the specific requirements of any given development, inflexible application of the parking standards set forth in Section 10.04 may result in development with inadequate parking or parking far in excess of that which is needed. The former situation may lead to traffic congestion or unauthorized parking on adjacent streets or neighboring sites. The latter situation may result in excessive paving and storm water runoff and a waste of space that could be left as open space.
The Planning Commission may permit deviations from the requirements of Section 10.04 and may require more or less parking based upon a finding that such deviations are more likely to provide a sufficient number of parking spaces to accommodate the specific characteristics of the use in question. The Planning Commission may also grant deviations in the instance where two (2) or more buildings or uses collectively provide the required off-street parking. In the case where collective parking may be permitted, the Planning Commission shall consider the hours of operation of the respective uses. The Planning Commission may attach conditions to the approval of a deviation from the requirement of Section 10.04 that bind such approval to the specific use in question. Where a deviation results in a reduction of parking, the planning Commission may further impose conditions which ensure that adequate reserve area is set aside for future parking, if needed. Where an area is set aside for reserve parking, it shall be easily developed, not devoted to a use other than open space, and shall be designed to accommodate attendant facilities such as maneuvering lanes and drainage.
Where a deviation results in a reduction of parking, the Planning Commission may require that an adequate usable reserve area is set aside for future parking. Where an area is set aside for reserve parking, it shall be easily developed, not devoted to a use other than open space and be designed to accommodate attendant facilities such as maneuvering lanes and drainage.
The amount of required off-street parking space for new uses or buildings, additions thereto, and additions to existing buildings shall be determined in accordance with the following table:
Use
| Number of Parking Spaces Required per Unit of Measure
|
Use
| Number of Parking Spaces Required per Unit of Measure
|
A. Residential Uses. | |
1) One or Two-Family Dwellings | 2 Per each dwelling unit |
2) Multiple Family Dwellings | 2 Per each dwelling, plus |
1 Per each ten (10) dwelling units | |
3) Mobile Home Parks | 2 Per each trailer site, plus |
1 Per each employee
| |
4) Bed and Breakfast Establishments | 1 Per each bedroom |
B. Institutional Uses. | |
1) Churches | 1 Per each three (3) seats based upon maximum seating capacity in the main place of assembly therein |
2) Private Clubs and Lodges | 1 Per each three (3) individual members allowed within the maximum occupancy load as established by fire and/or building codes |
3) Hospitals | 1 Per each four (4) beds, plus |
1 Per staff doctor, plus
| |
1 Per each employee @ peak shift
| |
4) Nursing Homes/Convalescent Centers, Adult Foster Care and Congregate Facilities | 1 Per each five (5) beds, plus |
1 Per each staff doctor, plus
| |
1 Per each employee @ peak shift
| |
5) Housing for the Elderly | |
Independent Living Facilities | 1 Per each dwelling unit, plus |
1 Per each employee @ peak shift
| |
Assisted Living Facilities | 1 Per each two (2) dwelling units, plus |
1 Per each employee @ peak shift
| |
6) Child Foster Family Group Homes | 1 Per each family member, plus |
1 Per each two (2) children
| |
7) Adult Foster Care Small Group Homes | 1 Per each employee/caregiver |
8) Child/Adult Group Day Care Homes | 1 Per each employee @ peak shift |
9) Child/Adult Day Care Centers | 1 Per each employee @ peak shift, plus |
1 Per each five (5) persons enrolled
| |
10) High Schools, Trade Schools, Colleges and Universities
| 1 Per each teacher, plus
|
1 Per each ten (10) students, plus
| |
1 Per each employee
| |
11) Elementary and Intermediate Schools
| 1 Per each teacher, plus
|
1 Per each twenty-five (25) students, plus
| |
1 Per each employee
| |
12) Stadiums, Sports Arenas and Auditoriums
| 1 Per each four (4) seats based upon maximum seating capacity
|
13) Publicly Owned Buildings | 1 Per each 250 sq. ft. of floor area |
14) Libraries and Museums | 1 Per each 200 sq. ft. of floor area, excluding areas devoted to bookshelves |
15) Spouse Abuse/Domestic Violence Shelters
| 1 Per each bedroom, plus
|
1 Per each employee
| |
C. General Commercial Uses. | |
1) Retail Stores, except as otherwise specified herein | 1 Per each 200 sq. ft. of usable floor area |
2) Supermarkets, Drugstores, and other self-serve retail establishments | 1 Per each 250 sq. ft. of usable floor area |
3) Convenience Stores | 1 Per each 150 sq. ft. of usable floor area |
4) Video Stores | 1 Per each 100 sq. ft. of usable floor area |
5) Department Stores | 1 Per each 250 sq. ft. of usable floor area |
6) Furniture, Appliances, Hardware, Electronics, and Household Equipment Sales | 1 Per each 400 sq. ft. of usable floor area, plus |
1 Per each employee
| |
7) Appliance Repair Shops | 1 Per each 800 sq. ft. of usable floor area, plus |
1 Per each employee
| |
8) Motels and Hotels | 1 Per each guest bedroom, plus |
1 Per each employee, plus amount required for accessory uses, such as a restaurant or cocktail lounge | |
9) Drive-in, Drive-through and Fast Food Restaurants | 1 Per each 125 sq. ft. of usable floor area, plus |
1 Per each employee
| |
10) Sit-Down Restaurants | 1 Per each three (3) seats, based upon maximum seating capacity, plus
|
1 Per each employee
| |
11) Taverns/Bars | 1 Per each three (3) persons allowed within the maximum occupancy load as established by fire and/or building codes, plus |
1 Per each employee
| |
12) Sidewalk Cafes | 1 Per each three (3) seats |
13) Garden Stores, Building Material Sales | 1 Per each 800 sq. ft. of lot area used for said business provided for herein |
14) Movie Theaters
| 1 Per each four (4) seats based on the maximum seating capacity, plus
|
1 Per each employee
| |
15) Self Service Laundry
| 1 Per each two (2) machines
|
16) Dry Cleaners | 1 Per each 250 sq. ft. of usable floor area |
17) Reception Halls | 1 Per each three (3) individuals allowed within the maximum occupancy load as established by fire and/or building codes |
18) Bus Terminal Stations | 1 Per each three (3) individuals, allowed within the maximum capacity load as established by the fire and/or building codes |
19) Shops of Interior Decorators, Plumbers Electricians, Exterminators and Similar Services and Trades
| 1 Per each 800 sq. ft. of usable floor area |
20) Wholesale Stores/Clubs | 1 Per each 200 sq. ft. of usable floor area, plus |
1 Per each three (3) employees
| |
21) Funeral Home and Mortuaries | 1 Per each 50 sq. ft. of usable floor area |
22) Florist Shops | 1 Per each 250 sq. ft. of usable floor area, plus |
1 Per each employee
| |
D. Automotive Uses. | |
1) Automobile Dealerships | 1 Per each 200 sq. ft. of showroom floor area, plus |
1 Per each employee, plus
| |
1 Per each service stall
| |
2) Automobile Repair Garages | 2 Per each service stall, plus |
1 Per each employee, plus
| |
1 Per each service vehicle
| |
3) Automobile Filling Stations without a Convenience Store
| 1 Per each pump unit, plus |
2 Per each service stall, plus
| |
1 Per each employee
| |
4) Automobile Filling Stations with a Convenience Store
| 1 Per each pump unit, plus |
2 Per each service stall, plus
| |
1 Per each employee, plus
| |
1 Per each 100 sq. ft. of usable floor area devoted to retail sales and customer service | |
5) Automobile Washes (self-serve) | 1 Per each wash stall, plus |
1 Per each vacuum station, plus
| |
1 Per each employee
| |
6) Automobile Washes (Automatic) | 1 Per each 200 sq. ft. of usable floor area of customer waiting and service areas, plus |
1 Per each vacuum station, plus
| |
1 Per each employee
| |
7) Collision or Bump Shops, and other similar uses | 2 Per each stall or service area, plus
|
1 Per each employee | |
8) Outdoor Sale of Automobiles | 1 Per each 400 square feet of outdoor display area, plus |
1 Per each employee
| |
E. Office and Service Uses. | |
1) Medical and Dental Offices
| 1 Per each 150 sq. ft. of usable floor area |
2) Executive, Administrative and Professional Offices | 1 Per each 200 sq. ft. of usable floor area |
3) Banks | 1 Per each 200 sq. ft. of usable floor area |
4) Barber and Beauty Shops
| 3 Per each chair
|
5) Photography Studios | 1 Per each 200 square feet of usable floor area, plus |
1 Per each employee
| |
6) Pharmacies
| 1 Per each 100 square feet of usable floor area, plus |
1 Per each employee
| |
7) Veterinary Offices and Hospitals | 1 Per each 200 sq. ft. of usable floor area |
8) Data Processing and Computer Centers | 1 Per each 250 sq. ft. of usable floor area |
9) Personal Service Establishments | 1 Per each 100 sq. ft. of usable floor area |
F. Recreational Uses. | |
1) Bowling Alleys | 4 Per each bowling lane, plus |
1 Per each employee, plus
| |
Amount required for accessory uses such as a restaurant or tavern | |
2) Private Tennis, Swim or Golf Clubs, or other similar uses | 1 Per each two (2) members, plus |
Amount required for accessory uses such as a restaurant or tavern | |
3) Golf Courses, except Miniature or "Par 3" Courses
| 5 Per each hole, plus
|
1 Per each employee, plus
| |
Amount required for accessory uses such as a restaurant or tavern | |
4) Dance Halls, Pool or Billiard Parlors, Roller or Skating Rinks, Exhibition Halls and Assembly Halls without fixed seats | 1 Per each three (3) persons allowed within the maximum occupancy load as established by local or County fire, building or health codes |
5) Miniature or "Par 3" Golf Courses, Amusement Parks and Carnivals
| 3 Per each hole, plus
|
1 Per each employee
| |
6) Music, Dance and Artistic Studios | 1 Per each 100 sq. ft. of usable floor area |
G. Industrial Uses. | |
1) Manufacturing, Research, Design, Processing, Assembly, Testing and Repair Center
| 1 Per each employee, or
|
1 Per each 800 sq. ft. of usable floor area (whichever is greater)
| |
2) Self-storage Facilities | 1 Per each 150 storage spaces or fraction thereof, with no less than three (3) for office use |
3) Warehouses and Storage Buildings | 1 Per each employee, or |
1 Per each 2,000 sq. ft. of usable floor area (whichever is greater) | |
4) Contractors Offices
| 1 Per each employee
|
5) Wholesale Establishments and Mills
| 5 Total, plus
|
1 Per each employee @ peak shift, or
| |
1 Per every 1,700 square feet of usable floor space (whichever is greater)
| |
6) Metal Fabrication and Tool and Die Shops
| 1 Per each 200 sq. ft. of office floor area, or
|
1 Per each 800 sq. ft. of usable floor area (whichever is greater) | |
7) Newspaper Offices with or without Printing Presses
| 1 Per each 200 sq. ft. of office floor area, plus
|
1 Per each employee
| |
8) Industrial Automobile Washes | 1 Per each 200 sq. ft. of usable floor area of customer waiting and service areas, plus |
1 Per each employee
| |
In addition to the parking required for passenger vehicles as set forth in Section 10.04, off-street barrier-free parking facilities shall be designed in accordance with applicable State and/or Federal standards, whichever is more restrictive.
The construction of any parking lot or driveway shall be in accordance with the requirements of the provisions of this article and a certificate of zoning compliance granted before use of the property and before a Certificate of Occupancy is issued. Unless incorporated into a site plan that is prepared and approved in accordance with Section 3.04, plans for the development of any parking lot must be submitted to the Zoning Administrator. The plans shall be prepared at a scale to be determined by the Zoning Administrator and indicating existing and proposed grades, drainage, pipe sizes, parking of all dimensions, type of curbing, drive and aisle dimensions, lighting, adjacent, sidewalks, landscaping, surfacing and base materials to be used and the layout of the proposed parking lot.
(a) No parking lot shall be constructed unless and until a permit therefore is issued by the Zoning Administrator. An application for such permit shall be submitted in such form as may be determined by the Administrator and shall be accompanied by two (2) sets of plans for the development and construction of the parking lot showing that this article will be fully complied with.
(b) All such parking lots, driveways, maneuvering lanes, or loading areas shall be constructed with a paved surface area as required under this article, shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area, and shall be completely constructed prior to final occupancy. Drainage for parking lots and driveways shall meet the City's Engineering Design Standards and be designed to preclude drainage of water onto adjoining properties or toward buildings.
(c) All lighting used to illuminate an off-street parking area shall be so installed as to be confined within, and directed onto, the parking area only, and shall meet with the standards set forth in Section 8.05.
(d) Parking lots shall be landscaped and screened in accordance with the standards set forth in Section 5.10. The standards are intended to minimize noise, glare and other nuisance characteristics as well as to improve the environment of the site and surrounding area. Large parking lots shall be broken down into sections as appropriate for the type and size of the development. Sections shall also be separated by landscaped dividing strips, berms and similar elements.
(e) Adequate ingress and egress to and from the parking lot by means of clearly limited and defined drive or maneuvering lane, shall be provided for all vehicles. Such ingress and egress to and from a parking lot lying in an area zoned for other than one-family residential use shall not be across land zoned for one-family residential use. The minimum width of the drive or maneuvering lane shall be governed by subsection (g); however, the Planning Commission may approve a narrower drive based upon unique and non-owner created circumstances. Backing directly onto a public or private street is prohibited.
(f) Where necessary to prevent encroaching upon pedestrian walkways or damaging required landscaping, wheel stops shall be provided. No portion of a parking space and/or maneuvering aisle shall obstruct or encroach upon a public sidewalk.
(g) Plans for the layout of off-street parking facilities shall be in accordance with the following minimum regulations:
Maneuvering Lane Width | Entrance Drive Width | |||||
Parking Pattern | One-way | Two-way | One-Way | Two-way | Parking Space Width | Parking Space Length
|
0° Parallel | 14 ft. | 22 ft. | 14 ft. | 22 ft. | 9 ft. | 25 ft. |
30° - 53° | 16 ft. | 22 ft. | 14 ft. | 22 ft. | 9 ft. | 20 ft. |
54° - 74° | 20 ft. | 24 ft. | 14 ft. | 22 ft. | 9 ft. | 20 ft. |
75° - 90° | 20 ft. | 24 ft. | 14 ft. | 22 ft. | 9 ft. | 20 ft. |
(h) Each entrance and exit to and from an off-street parking lot located in an area zoned for other than one-family residential use shall be at least twenty-five (25) feet from any adjacent property located in a one-family residential district.
(i) Wherever a wall extends to an alley which is a means of ingress and egress to and from an off-street parking area, it is permissible to end the wall not more than ten (10) feet from such alley line in order to permit a wider means of access to the parking area.
(j) Driveways serving one and two-family dwellings.
(1) Driveways constructed after the effective date of this Ordinance shall be a minimum of ten (10) feet in width and constructed with a paved surface area approved by the Zoning Administrator and installed within one (1) year of occupancy of the dwelling.
(2) Driveways shall be no wider than the width of the door(s) and/or man doors serving the garage or 24 feet, whichever is larger.
(3) Driveways may continue around the side of a garage to provide an additional parking space in the side yard adjacent to the garage, no wider than 10 feet and meeting the setbacks of Section 10.02(g)(1).
(4) Existing gravel driveways that are improved or expanded shall consist of processed road gravel (22A or the equivalent), spread to a depth of six (6) to eight (8) inches and compacted. Said gravel driveways shall be contained through the use of landscape timbers or similar materials to prevent the spread of gravel or expansion of the driveway.
(5) In all cases when an existing driveway is improved or expanded, the driveway approach shall be paved to the sidewalk. In areas where there is the concrete curb and gutter, the approach shall be concrete. Where there is no sidewalk, the driveway approach shall be paved to the property line. However, these provisions may be waived by the Zoning Administrator where unusual drainage conditions exist.
(k) Driveway Approaches and Aprons.
(1) Concrete and/or asphalt driveway approaches and driveway aprons serving any use within the City that exists prior to any local or major street reconstruction shall be replaced during local and major street reconstruction at no cost to the property owner. The City Engineering Department shall determine the area of the driveway approach and/or driveway apron area and whether concrete or asphalt is to be used, based upon the project design of the local or major street reconstruction.
(2) Gravel driveway approaches and driveway aprons serving any use within the City which exists prior to any local or major street reconstruction shall be replaced during local and major street reconstruction at no cost to the property owners. The City Engineering Department shall determine the area of the driveway approach/driveway apron area and whether concrete or asphalt is to be used, based upon the project design of the local or major street reconstruction.
(3) The approach or apron shall be installed, where there is an existing sidewalk, to the sidewalk, and where there is no sidewalk, the approach shall be installed to the property line, or to a proposed sidewalk, as determined by the City Engineering Department.
(4) The future cost to replace and/or repair the driveway approach or apron after installation by the City shall be the sole responsibility of the owner after expiration of the construction warranty.
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