(A) General requirements.
(1) Parking, requirements for legal nonconforming uses.
(a) All legal nonconforming uses in structures of 1,200 square feet or greater shall be required to provide parking at the rates applicable for the use as specified in this section.
(b) The Zoning Administrator shall confirm whether or not it is feasible for the owner or developer of such lots to provide all of the required parking spaces.
(c) His or her decision shall be based on the following:
1. Whether existing development on the lot leaves inadequate space for the required parking;
2. Whether the development standards set forth in this section, and elsewhere in the code of ordinances for any new development on the lot leave inadequate space on the lot to accommodate the required parking;
3. Whether the required number of parking spaces are available on other lots in accordance with this section; and
4. Whether additional land can be acquired to expand the lot to accommodate the required parking.
(d) If it is physically impossible to provide such parking the Zoning Administrator may waive the same or all of the required parking.
(2) Location of parking spaces.
(a) All parking spaces required to serve buildings or uses erected or established after the effective date of this subchapter shall be located on the same zoning lot as the building or use served, except that parking spaces to serve business, commercial, industrial and office buildings or uses may be located off lot if within 500 feet of such use if said parking spaces are located in a business, industrial or office district. If any parcel is located within 100 feet of, and but for the interpositions of a public street is contiguous with, a publicly maintained parking lot, the parking spaces in such lot may be counted to meet the parking space obligations of this subchapter with the permission of the Plan Commission.
(b) Buildings or uses existing on the effective date of this subchapter which are subsequently altered or enlarged so as to require the provision of parking spaces under this subchapter, may be served by parking facilities located on land other than the zoning lot on which the building or use served is located, provided such facilities are within 500 feet walking distance of a main entrance to the use served. Owners of property, nonconforming as to parking, who elect to provide parking and become conforming may locate such parking on land other than the zoning lot on which the building or use is located, as allowed in this section.
(3) Parking prohibited in required front and corner side yards. Off-street parking spaces, open to the sky, may be located in any yard except the required front yard or corner side yard. Enclosed building structures and carports containing off-street parking shall be subject to all applicable yard requirements.
(4) Control of off-street parking facilities.
(a) In cases where parking facilities are permitted on land other than the zoning lot on which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which the parking facilities are accessory.
(b) Private possession may be either by deed or long-term lease or contractual arrangement, the term of such lease or contractual arrangement to be determined by the Zoning Administrator; and such deed or lease shall be filed with the Zoning Administrator. The deed or lease shall require such owner or his or her heirs or assigns to maintain the required number of parking facilities for the duration of the use served or the deed or lease.
(5) Size of parking stalls. Except for parallel parking spaces, each required off-street parking space shall be at least nine feet in width and at least 17.5 feet in length, exclusive of access drives or aisles, ramps, columns or office or work areas. Such space shall have a vertical clearance of at least seven feet, and shall be measured at right angles to the axis of the vehicle. For parallel parking, the length of the parking space shall be increased to 22 feet. Compact car spaces, with minimum dimensions of eight feet by 16 feet may be substituted for a portion of the required spaces.
(6) Handicapped parking. Any parking area to be used by the general public shall provide parking spaces designated and located to adequately accommodate the handicapped, and these shall be clearly marked as such. The number of handicapped spaces shall conform to the schedule of parking requirements at § 157.183(B) and shall be located in close proximity to the principal building. The designation of handicapped parking stalls shall constitute consent by the property owner to the enforcement of the restriction of such spaces to handicapped motorists by the town.
(7) Access. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.
(8) Collective provision.
(a) Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than 90% of the separate requirements of each such use and all regulations governing location of accessory parking spaces in relation to the uses served are adhered to. Except for the following provisions, no parking space or portion thereof shall serve, or be counted as a required space for more than one use unless otherwise authorized by the Zoning Administrator.
(b) The Zoning Administrator may authorize a reduction in the total number of required parking spaces for two or more nonresidential uses jointly providing off street parking when their respective hours of operation do not normally overlap. Reduction of joint use parking shall be subject to the following conditions:
1. No more than 50% of the parking spaces required for a building or use may be supplied by parking facilities required for any other building or use;
2. The number of shared spaces for two or more distinguishable land uses shall be determined by mutual consent of the parties involved; and
3. The property owners involved in the joint use of off-street parking facilities shall submit a legal agreement approved by the Town Attorney guaranteeing that the parking spaces shall be maintained so long as the use requiring parking is in existence or unless the required parking is provided elsewhere in accordance with the provisions of this subchapter. Such instrument shall be recorded by the property owner with the (Warrick County Recorder) and a copy filed with the Zoning Administrator.
(9) Fractional space. When determination of the number of off-street parking spaces required by this subchapter results in a requirement of a fractional space, that fractional space may be disregarded. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing or both, on 90% of the premises at any one time.
(10) Utilization. Except as may otherwise be provided for the parking of trucks in the granting of special uses, required accessory off-street parking facilities shall be solely for the parking of passenger automobiles of patrons, occupants or employees of such uses.
(11) Design maintenance.
(a) Plan. The design of parking lots or areas shall be subject to the approval of the Zoning Administrator.
(b) Character. Accessory parking spaces may be open to the sky, or enclosed in a building,
(c) Surfacing. All open off-street parking areas, shall be surfaced with a hard surface material.
(d) Landscaping and screening. Screening and landscaping of off-street parking areas shall be provided pursuant to the requirements of § 157.065.
(e) Lighting. Any lighting used to illuminate off-street parking areas shall be designed and equipped to cast light down from the fixture head, away from residential properties and public streets in such a way as not to cause glare. However, in no case shall such lighting exceed three footcandles measured at the lot line.
(B) Specific requirements.
(1) All off-street parking spaces hereinafter required by this subchapter, except those required for one- and two-family dwellings, shall be designed in accordance with one of the formula set forth in the off-street parking schedule, § 157.183. Off-street parking spaces shall be provided in accordance with the classes as hereinafter set forth in the off-street parking schedule. Parking spaces for accessory uses not specifically enumerated within a parking class shall be assumed to be included in the principal (permitted or special) use requirement. If, for any reason the classification of any use, for the purpose of determining the amount of off-street, parking or the number of spaces to be provided by such use is not readily determinable hereunder, the parking class of such use shall be established by the Zoning Administrator.
(2) The calculation of parking spaces for a given business shall always include one space for each vehicle owned by the business.
(3) When computing required parking spaces, the total number of required spaces shall be based upon use(s) of the zoning lot or portion thereof. Therefore, one principal use may actually contain two or more parking class uses (e.g., retail sales and warehousing).
(C) Bicycle parking facilities. Bicycle parking facilities are recommended to be a stationary bicycle storage rack designed to secure the frame and one of the wheels of the bicycle where the bicyclist provides only the locking mechanism.
(Ord. 1997-1, § 130.10(B), passed 1-22-1997)