§ 153.183 GENERAL REQUIREMENTS.
   (A)   Yard preservation. Off-Street parking and off-street loading facilities shall not occupy required livability space; shall not occupy the required front year, street side yard or side yard (except in the Agricultural, Residential and Office districts where vehicles may be parked in the required front yard for residential uses); and when a B or C district abuts an O or R district, shall observe the front yard requirements of the O or R district for a distance of 200 feet into the B or C district (except the CBD).
   (B)   Loading berth not for parking space. Space allocated to any required off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facilities.
   (C)   Parking space not for loading berth. Space allocated to any required off-street parking shall not be used to satisfy the space requirements of any off-street loading facilities.
   (D)   Loading berth not for other purposes. Required off-street parking spaces and required off-street loading berths shall not be used for the storage, sales, dismantling, or servicing of any vehicle, equipment, materials, or supplies.
   (E)   Proximity of off-street parking spaces and loading berths to land use served. Required off-street parking spaces and required off-street loading berths shall be located on the lot containing the use for which the required spaces or berths are to be provided. However, off-street parking spaces on an abutting property may be used to meet the off-street parking requirements provided the parking spacing on any abutting properties are secured through a long-term lease of 25 or more years.
   (F)   Access to parking space. The capacity of an off-street parking area shall be the number of parking spaces having required dimensions located thereon. Space design shall be such that each space can be entered without passing through another space.
   (G)   No maneuvering on public street. Required off-street parking in commercial, office, industrial and multifamily developments other than townhouses, zones shall be so arranged that no maneuvering incidental to parking movements takes place on any public street.
   (H)   Joint use parking area. The number of off-street parking spaces required for each building or use shall be determined by reference to the appropriate Use Unit 0-28 (§§ 153.141 through 153.174) within which the proposed use is classified. Where several different uses will share a joint parking area, the parking requirements shall be computed based upon the overall development. For any use not listed, or where listed regulations are not applicable in the judgment of the Area Plan Commission staff, parking requirements shall be determined by planning staff. Computations of required parking spaces by planning staff shall be final.
   (I)   Lighting. Lighting used to illuminate off-street parking areas, if any, shall be by constant light and shall be so arranged as to direct the light away from properties within a residential or office district which do not contain uses for which the parking is being provided.
   (J)   Parking surface. As set forth herein, unenclosed off-street parking areas, off-street loading areas and driveways associated therein shall be surfaced with an all-weather material. (See definition ALL-WEATHER MATERIAL, § 153.270). Surfacing shall be completed prior to the initiation of the use.
      (1)   Agriculture Zoning District and zoned areas designated as R-1, R-2, R-3 and RMH which are located in unincoporated Posey County and not within the City of Mount Vernon, Town of Cynthiana or Town of Poseyville; and zoned areas designated as B-1, B-1A, B-2 and B-3, which are located in unincorporated Posey County and not within the City of Mount Vernon, Town of Cynthiana or Town of Poseyville: all weather material parking surface requirements shall not apply subject to division (5) below.
      (2)   All zoned areas designated as residential not excluded in division (1) above: unenclosed parking areas, off-street loading areas and driveways associated therein shall be surfaced with all-weather material (See definition ALL-WEATHER MATERIAL, § 153.270). Surfacing shall be completed prior to the initiation of the use.
      (3)   All PUD, O, R-O, Business, Commercial and CBD Zoning Districts, not excluded in division (1) above: unenclosed off-street parking areas, off-street loading areas and driveways associated therein shall be surfaced with an all-weather material. (See definition ALL-WEATHER MATERIAL, § 153.270). Surfacing shall be completed prior to the initiation of the use.
      (4)   All manufacturing districts: all weather material parking surface requirement shall only apply to the required parking spaces.
      (5)   Not withstanding divisions (1) through (4) above, all zoning districts must comply with the following: all transitions or approaches to a paved roadway shall be constructed with a six foot all-weather material approach to the paved roadway. Paved roadway excludes “chip and seal.”
      (6)   Nothing in divisions (1) through (5) above supercedes any local, state, or Federal requirement in contradiction with these provisions.
(Ord. 12-16, passed 8-8-12; Am. Ord. 2015-2, passed 1-22-15)