(a) Traffic impact studies, access management, and curb cuts. All requirements and regulations related to traffic impact studies, access management, curb cuts, and similar requirements are located in Chapter 1026 of the Middletown Code of Ordinances.
(b) Driveways. All private driveways shall comply with the requirements of applicable sections of Chapter 1410 of the Middletown Code of Ordinances.
(c) Cross-access requirements.
(1) Development that includes nonresidential uses shall allow for shared, private vehicular access among all buildings and/or lots within the development and with adjacent lots to the maximum extent feasible in order to facilitate movement of customers and their vehicles without generating additional turning movements on public streets.
(2) Where cross access is provided across multiple lots, a cross-access easement shall be recorded with the applicable county recorder prior to issuance of a certificate of occupancy. Cross access shall be provided subject to the following provisions:
A. Cross-access routes shall permit shared automobile access to driveways and parking areas for all nonresidential uses in the development, and to the maximum extent feasible, to adjacent lots and development. The use of parking spaces may be restricted to the owner's customers and tenants only.
B. The Development Code Administrator may waive the requirement for cross access, in whole or in part, administratively, where cross-access is deemed impractical due to vehicular safety issues or environmental constraints such as severe topography.
(d) Location.
(1) Except as otherwise expressly provided in § 1218.04(f)(2), all required off-street parking, loading, and vehicle stacking spaces shall be located on the same lot as the principal use.
(2) Parking lots, parking spaces, vehicle stacking spaces, and loading spaces shall be subject to this section, unless otherwise expressly stated in this code.
(3) Where a buffer is required pursuant to § 1216.06, no vehicular use area may be located in the required buffer area and related setback.
(4) Vehicular use areas with five or more parking spaces shall be set back a minimum of five feet from all rights-of-way and ten feet from all residential lots or lots used for public or institutional uses unless shared parking or joint parking arrangements are made. In cases where buffering is required, a wider setback may be required.
(5) Off-street parking areas shall not be permitted in the front yard (see § 1204.10(a)) of any use in any O-1, O-2, B-3, I-1, BC (including all subdistricts) or residential zoning districts unless located on a paved driveway.
(e) Fire code. All vehicular use areas shall conform to all requirements set forth in the applicable fire code as adopted by the City of Middletown.
(f) Accessibility. All vehicular use areas shall be designed and improved in compliance with applicable building and design codes to ensure compliance with the Americans with Disabilities Act.
(g) Use of vehicular use areas.
(1) Off-street vehicular use areas required by this section shall be used solely for the parking of motor vehicles in operating condition of patrons, occupants or employees of such uses.
(2) No motor vehicle repair work or service of any kind, except emergency repairs, shall be permitted in or in association with any off-street vehicular use area, except that off-street vehicular use areas for residential uses may be used for occasional auto washing or minor repairs of vehicles owned by the occupant.
(3) Off-street parking areas shall not be used for the storage or display of vehicles, trailers, boats, etc. for sale unless such display is in conjunction with a business establishment whose principal business is in the sale or lease of vehicles, trailers, or boats or if the vehicle being sold is the personal vehicle of the lot owner.
(4) The sale of merchandise in a parking area shall be permitted only in accordance with § 1206.01.
(h) Grading, surface, and maintenance.
(1) All grading and storm water control plans relating to the parking areas shall be reviewed and approved by the City Engineer before any work can commence.
(2) All parking areas shall be properly graded and drained so as to dispose of all surface water accumulated within the area of the parking lot.
(3) Except for temporary parking permitted as part of a temporary use or any pervious surface permitted above, all open off-street parking areas shall be graded and provided with a hard surface of asphaltic, bituminous cement, concrete or other properly bound pavement so as to provide a durable and dustless surface, including private parking areas on residential lots.
(4) Up to 50% of parking spaces may be constructed of a pervious surface, as approved by the City Engineer. The City Engineer shall review the design of any areas surfaced with a pervious surface. Failure to maintain the pervious surface in good working order as may be necessary dependent on the type of surface shall be considered a violation of this code subject to Chapter 1228: Enforcement and Penalties.
(5) The surfacing requirements in divisions (h)(3) and (h)(4) above shall not apply to an off-street parking area located in any I-1 or I-2 District which is located at least 100 feet from any lot in any residential zoning districts except that a dustless surface shall be provided in any case. However, any access drive to such unpaved lot shall be paved for a distance of at least 20 feet from any public right-of-way.
(6) The total surface area of a private parking area, including driveways, in the front yard shall not exceed 50% of the total surface area of the front yard in all residential districts.
(7) Parking areas with more than five spaces shall be so graded and drained as to dispose of all surface-water accumulation by means of catch basins or intakes so that water from these areas does not run across a public sidewalk or directly into a public street.
(i) Parking and storage of major recreational equipment and large utility trailers.
(1) In any residential zoning district, there shall be no parking or storage of major recreational equipment or large utility trailers in any front yard of a dwelling (see § 1204.10(a)) within 35 feet of the right-of-way line. Temporary parking is allowed for a period of 72 hours within any seven consecutive days for loading and unloading purposes.
(2) Major recreational equipment, the related trailers, and large utility trailers may be parked or stored outdoors in the side or rear yard of a residential premises, provided that:
A. All vehicles and trailers shall be parked or stored in a single location on the premises; and
B. All parking spaces shall meet the surface requirement as specified in division (h) hereof. Alternative hard surface brick or interlocking paver material may be used.
(3) Major recreational equipment or large utility trailers may be parked or stored, in any condition, within a fully enclosed garage that is located in accordance with § 1206.01.
(4) The vehicle or trailer shall be properly licensed and registered for highway use as required by the State, and the vehicle shall be maintained in good condition so that it can be readily transported (wheels shall not be removed; tires shall not be flat; and the vehicle shall not be fixed to the ground).
(5) No business shall be conducted within major recreational equipment while it is parked on residential premises.
(6) No major recreational equipment shall be used for dwelling purposes.
(j) Parking of commercial vehicles on residential lots.
(1) Only those vehicles that are classified as a Class 1 (Light Duty) or Class 2 (Light Duty) vehicle by the Federal Highway Administration are permitted to be parked or stored on residential lots. All other classification of vehicles may only be parked or stored on residential lots when within a fully enclosed building.
(2) The above prohibition does not apply to commercial vehicles that are delivering goods to a residence, related to service calls, related to construction on the site, or other similar activities where commercial vehicles may be required.
(Ord. O2018-02, passed 2-20-2018)