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The off-street parking and off-street loading facilities (whether they are principal uses or accessory uses, or they are minimum requirement for the initiation, enlargement, or change of use) shall meet the requirements of this chapter as follows.
(B) Use expansion. When the intensity of use of any building or structure or lot is altered through the addition of dwelling units, floor area, seating capacity or other units of measurement, and said change results in an increase in the required number of parking or loading berths, the off-street parking and loading facilities shall provide for such increase in intensity of use.
(C) Use change. Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking and/or loading requirements shall comply with such new use. However, if the building or structure was erected prior to the effective date of this ordinance or the use is non-conforming as to parking and loading requirements then parking and loading requirements for a change in use shall be governed by § 153.207, Parking and Loading Non-Conforming Uses.
(D) Accessory off-street parking and loading facilities. Accessory off-street parking and loading facilities in existence as of the effective date of this ordinance and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than, shall not be further reduced below the requirements for a similar new building or use under the provisions of this chapter.
(Ord. 12-16, passed 8-8-12)
(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, RMH, RS, RT, and RM which are located in unincoporated Posey County and the City of Mount Vernon and not within the Town of Cynthiana or Town of Poseyville; and zoned areas designated as B-1, B-1A, B-2, B-3, O, CS, CG, and CH which are located in unincorporated Posey County and the City of Mount Vernon and not within the 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) Notwithstanding 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; Am. Ord. 2023-13, passed 6-21-23)
(A) Dimensions table. Table 10-1 and Figure 10-1 below detail required dimensions for off-street parking areas. This includes stall width, aisle width and bay width. Dimensions are provided for 90°, 60° and 45° orientation.
(B) Orientation. The 90° angle orientation is preferable. However, in the event 60° or 45° angle orientation is employed, the use of interlocking herringbone patterns shall not be permitted.
(C) Pedestrian movement. To ensure full sidewalk width, for pedestrian movement, a three foot wide overhang area shall be provided when parking area design is such that parked cars are headed in toward sidewalk. A three foot overhang shall also be provided where parking is allowed immediately adjacent to a building. (Note: These requirements do not increase required stall length. However, they do require that a curb line be designated three feet back from the diagram. Bumper guards may also be used for this designation).
(D) Parking space access. Each required parking space shall be accessible via a driveway or parking aisle from a public street without passing through another required space.
(E) Screening. Unenclosed off-street parking areas which are principal uses shall be screened by the erection of a screening wall or fence on the lot line or lines in common with a residential or office district. Unenclosed off-street parking areas, containing six or more spaces, which are accessory to uses not required to provide screening shall be screened by the erection of a screening wall or fence on the lot line or lines in common with an RS/R-1 District. However, if the parking area is located more than 50 feet from the RS/R-1 lot line the screening requirement shall not apply.
(Ord. 12-16, passed 8-8-12)
(A) Loading area. Unless otherwise specified, a required off-street loading area shall be at least ten feet in width, 30 feet in length, exclusive of aisles, and shall have a vertical clearance of at least 14 feet.
(B) Loading area access. Required off-street loading area shall be provided access to and from a public street or alley by an access drive of at least ten feet in width designed to permit convenient access by semi-trailer trucks.
(C) Load area separation. Unenclosed off-street loading areas shall not be located within 50 feet of any abutting property which is within a residential or office district unless it is totally within an enclosed building or screened on all sides abutting the residential or office district by a screening wall or fence.
(D) Lighting. Lighting used to illuminate an off-street loading area shall be so arranged as to direct the light away from the properties within a Residential or Office District which do not contain uses for which the loading area is being provided.
TABLE 10-1: REQUIRED PARKING AREA DESIGN DIMENSIONS
Degree Orientation | (S) Stall Width (ft.) | (D) Stall Length or Depth (ft.) | (C) Curb Length (ft.) | (A) Aisle Width (ft.) | (W) Bay Width (ft.) |
90 | 9.5 | 19 | 9.5 | 28 | 66 |
60 | 9.5 | 16.5 | 11 | 22 | 55 |
45 | 9.5 | 13.5 | 13.4 | 19 | 46 |
![](https://export.amlegal.com/media/f00d3b1eba49cf1ed0605a6e194e02352692c607/IMAGES/0-0-0-2989.jpg)
Figure 10-1: Parking Area Dimensions
(Ord. 12-16, passed 8-8-12)
NONCONFORMING USES AND STRUCTURES
Within the districts established by this chapter there exists uses, structures and lots which were lawful before this chapter was adopted or amended, but which will be prohibited under the terms of this chapter or future amendments. These uses, structures and lots, herein referred to as “nonconforming uses” may continue as regulated by this chapter, provided the nature of the nonconformity is not increased.
(Ord. 12-16, passed 8-8-12)
Any nonconforming use of land (such as junk yard, and storage areas) lawfully existing upon the effective date of this chapter may continue subject to the following provisions.
(A) A nonconforming use may be changed only to a use of the same or more restrictive classification, provided the use is permitted as a use of right and not by special exception and does not increase any other nonconforming aspect (building, parking, signing, and the like). (Note: while most uses may be found to be a use of right in some district, there are some uses that are not permitted as a use of right in any district and are permitted only by special exception).
(B) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of this chapter or amendment thereof.
(C) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of this chapter or amendment thereof.
(D) No additional structure (other than fences) shall be erected in connection with such nonconforming use of land. If any such nonconforming use of land ceases for any reason for a period of more than 12 months (except when government action impedes access to or use of the premises), any subsequent use of such land shall conform in all respects to the regulations of the district in which located.
(E) A nonconforming use of land, if discontinued for 12 consecutive months shall NOT be resumed.
(F) Nonconforming use variances on unimproved lots are expressly prohibited under I.C. 36-7-918.3.
(Ord. 12-16, passed 8-8-12)
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