1290.04 OFF-STREET PARKING A AREAS; RESIDENTIAL DISTRICTS ADJOINING BUSINESS OR INDUSTRIAL DISTRICTS.
   (a)   Off-street parking A areas may be permitted in all residential districts following site plan approval in accordance with Section 1296.01, Site Plan Review. However, off-street parking A areas may be approved only when it is reasonably indicated that business or industrial property in adjoining or adjacent areas is unavailable or impractical for the development of an off-street parking facility.
   Notice of a request for site plan approval of an off-street parking A area shall be sent by mail or by personal delivery to the owners of property within three-hundred (300) feet of the boundary of the property in question, and to all the occupants of all structures within three-hundred (300) feet, except that the notice shall be given not less than five (5) days and not more than fifteen (15) days before the application will be considered. If the name of the occupant is not known, the term “occupant” may be used in making notification. Notification need not be given to more than one (1) occupant of a structure, except that if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one (1) occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four (4) dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. The notice shall:
      (1)   Describe the nature of the request;
      (2)   Indicate the property which is the subject of the request;
      (3)   State when and where the request will be considered; and
      (4)   Indicate when and where written comments will be received concerning the request.
   (b)   Off-street parking A areas shall be considered a conditional accessory use to adjoining business property, and, as such, the same shall be used for customer vehicle parking of such adjoining business only. Further, penetration of residential property for the establishment of off-street parking A areas shall not exceed one-hundred twenty-five (125) feet measured at right angles from the residential property line adjoining a Business or Industrial District, except as may be provided in an officially adopted community development plan or project, and shall be subject to the following requirements:
      (1)   No repairs or service to vehicles and no display of vehicles for purposes of sale shall be carried on or permitted upon such premises.
      (2)   All land between the boundaries of the parking facility and the barriers referred to in paragraph (b)(7) hereof, as well as the surface of the parking area, shall be kept free from tall grass, weeds, rubbish, refuse and debris and shall be landscaped to conform with the requirements of this Zoning Code.
      (3)   The parking surface, and all required access drives and maneuvering aisles, shall be covered with a pavement of concrete or plant-mixed bituminous material and shall be graded and drained to the storm sewer so as to dispose of surface water which might accumulate within or upon such area. No surface water from such parking area shall be permitted to drain onto adjoining property.
      (4)   Off-street parking A areas shall be curbed with concrete curbs and gutters. Necessary curbs or other protection for the public and for the protection of adjoining properties, streets and sidewalks shall be provided and maintained.
      (5)   When lighting facilities are used, reflectors shall be installed to reflect the light away from adjacent residential areas. All parking lot lighting shall be designed, located, and shielded to prevent glare onto adjacent properties, and shall be arranged to prevent adverse effects on motorist visibility on adjacent rights-of-way. The source of illumination shall not be more than fifteen (15) feet above the parking surface.
      (6)   Side yards shall be maintained for a space of not less than ten (10) feet between the side lot lines of adjoining lots and the parking area. The depth of the front yard or setback line from the street, as established for houses in any block in any given residential area, shall be continued and made applicable to parking space in such residential area. No person shall use the space between such setback line and the sidewalk for the parking of motor vehicles. However, the barrier described in this paragraph (b)(7) shall be located on the setback line as required in this paragraph.
      (7)   Whenever such parking area adjoins residential property and/or a residential street or alley, a solid masonry wall, ornamental on both sides, and not less than six (6) feet in height, shall be erected and maintained between the required yard space and the area to be used for parking. Such walls shall be constructed of the same materials as that of the main or principal building, and be faced with either brick, decorative block, or pre-cast concrete formed into a decorative pattern and painted in the same color scheme as that of the principal building. A greenbelt, berm, or buffer strip as defined in Section 1296.03(d), Landscaping Standards, shall also be installed along with the required wall. Bumper guards of a type described in Section 1290.05(k), Off-Street Parking B Areas; Business Districts, shall be provided to prevent vehicles from striking such wall or shrubbery. All required walls, fences or other barriers shall be properly maintained and kept free of debris, signs or advertising. However, if, in the opinion of the Planning Commission, the side yard and/or greenbelt, berm, or buffer strip would serve no good purpose, the Zoning Board of Appeals may waive such requirement and provide only the wall between the residential use and the business or industrial use.
      (8)   Entrance to such area shall be only from an adjoining principal use or an adjoining alley. Parking lots shall be designed to prevent vehicles from backing into the street, backing into an access drive, or requiring the use of the street for maneuvering between parking rows.
      (9)   Plans for the development of any parking facility must be submitted in triplicate to the Building Department and must be approved by the Building Superintendent prior to the start of construction. The Superintendent may also forward such plans to the City Engineer, City Planner, Police Department, Fire Department, and Public Works and Public Services Department for review and comment. The construction shall be in accordance with the Building Code and this Zoning Code, and such construction shall be completed and approved by the Building Department and the Police Department before actual use of the property as a parking lot.
      (10)   No person shall leave, park or store, or permit to be left, parked or stored, any motor vehicle in an off-street parking A area for a period longer than eighteen (18) hours. It is the purpose and intent of this paragraph that the requirement is to provide for keeping parked motor vehicles off the streets, but such requirement is not designed to permit the storage of unregistered or unlicenced, wrecked or junked cars or vehicles. No person shall park or permit to be parked any motor vehicle in such parking area between 12:00 midnight and 6:00 a.m., unless the adjacent business maintaining such parking area remains open after 12:00 midnight, in which case the lot shall be closed and all parked cars removed within thirty (30) minutes after the business has closed.
      (11)   During the time the facility is closed and not available for the parking thereon of motor vehicles, a suitable chain or gate shall be placed across every exit and entrance for motor vehicles. Such chain or gate shall be securely locked and access to the lot shall be effectively barred.
      (12)   No charge for parking shall be made in an off-street parking A area.
      (13)   The use of any loud noise producing device or public address system shall be prohibited.
(Res. 98-340A. Passed 9-21-98. Res. 2020-299A. Passed 10-5-20, Eff. 10-19-20.)