(1)   Accessory Parking Standards.
(a)   Permitted Types.
Accessory parking may be provided as follows:
(.1)   A surface parking lot, provided that mechanical access surface parking lots are prohibited in all zoning districts.
(.2)   A parking garage, including a mechanical access parking garage.
(.3)   Private residence parking garages and carports, provided that: 683
(.a)   Private residence garages and carports may not exceed a maximum depth of 25 ft. and a maximum width of 35 ft.
(.b)   Private residence garages and carports with flat or shed roofs are subject to a maximum height limit of 10 ft. Private residence garages and carports with gable, hip or gambrel roofs are subject to a maximum height limit of 15 ft.
(b)   Location of Accessory Parking.
(.1)   Residential and Commercial Districts.
(.a)   General.
Except as specified in § 14-803(1)(b)(.1)(.b) (Exceptions) below, accessory parking in Residential and Commercial Districts must comply with the requirements in this § 14-803(1)(b)(.1)(.a).
(i)   Garages and carports which are attached to the principal building shall be governed by the same setback and yard provisions as the building itself. 684
(ii)   Surface parking spaces and detached garages and carports are prohibited in required front, side, and rear yards.
(iii)   Driveways that provide vehicular access to accessory parking spaces may be located in required front, side, or rear yards.
{For printable PDF version of image, click HERE}
(.b)   Exceptions.
(i)   Residential parking shall be permitted in the required rear yard of an attached building where the parking is accessed by a rear alley or shared driveway with a minimum width of 12 ft. 684.1
(ii)   Private residence garages and carports are permitted in any part of the rear yard provided that:
(A)   The permitted occupied area of the lot is not exceeded;
(B)   Any private residence garage or carport shall maintain a minimum setback of 3 ft. between the garage or carport and any property line; and 685
(C)   Any private residence garage or carport shall be set back at least 18 ft. from the edge of the sidewalk (or if there is no sidewalk, then the street) closest to the residence. 686
(iii)   Reserved. 687
(iv)   In Commercial districts, where a building with a primary use in the public, civic, and institutional, office, retail sales, or commercial services use categories is located on a lot whose side or rear lot line is abutting a Residential district, no more than one driving aisle with parking spaces on both sides of the aisle may be located between the primary structure and any lot line boundary abutting the Residential district.
{For printable PDF version of image, click HERE}
(.2)   Industrial Districts.
Surface parking lots or parking structures in any Industrial district may be located anywhere upon the lot, except in required front yards in the IRMX, ICMX, and I-1 districts.
(c)   Additional Regulations Applicable to Specific Zoning Districts. 688
The regulations of this § 14-803(1)(c) apply to the specified zoning districts. Should these regulations conflict with any other standard of this § 14-803, the stricter provision shall apply.
(.1)   Additional Regulations for RSA-5, RSA-6, RM-1, and CMX-2 Districts. 689
In the RSA-5, RSA-6, RM-1, and CMX-2 districts, accessory parking for any single-family, two-family or multi-family use in an attached or semi-detached building shall be prohibited unless it can be accessed from a shared driveway, alley, or rear street on which no on-street parking is permitted on the side of the rear street directly abutting the lot. In making a determination of whether on-street parking is permitted, L&I may rely on certification and documentation from the applicant.
(.2)   Additional Regulations for the CMX-2.5 District.
In the CMX-2.5 district:
(.a)   Accessory parking for any single-family, two-family, or multi-family use in an attached or semi-detached building shall be prohibited unless it can be accessed from a shared driveway, alley, or a rear street on which no on-street parking is permitted on the side of the rear street directly abutting the lot. In making a determination of whether on-street parking is permitted, L&I may rely on certification and documentation from the applicant. 690
(.b)   Accessory parking is not permitted between the building line and the street line.
(.3)   Additional Regulations for the CMX-3 District. 691
In the CMX-3 district:
(.a)   The vehicular entryways of private residence parking garages and carports shall be prohibited from fronting on any street.
(.b)   Accessory surface parking shall be prohibited for any single-family or two-family use unless it can be accessed from a shared driveway or alley.
(.c)   Accessory surface parking between the building line and the street line shall require special exception approval for lots less than 75,000 sq. ft. in area.
(.4)   Additional Regulations for RMX-3, CMX-4, and CMX-5 Districts. 692
In the RMX-3, CMX-4, and CMX-5 districts, special exception approval is required for the following:
(.a)   Surface accessory parking lots.
(.b)   Aboveground accessory parking garages, except that: 693
(i)   in the area bounded by Cherry Street, 23rd Street, John F. Kennedy Boulevard and the right-of-way of CSX Railroad, aboveground accessory parking garages are permitted. 694
(.c)   New accessory parking areas, except for underground parking garages.
(.d)   Additions to existing accessory parking areas, except for underground parking garages.

 

Notes

683
   Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 130804 (approved December 14, 2013).
684
   Amended, Bill No. 130764 (approved December 18, 2013).
684.1
   Amended, Bill No. 210075 (approved March 29, 2021).
685
   Amended, Bill No. 130764 (approved December 18, 2013); amended, Bill No. 161003-A (approved May 8, 2017).
686
   Amended, Bill No. 161003-A (approved May 8, 2017).
687
   Deleted, Bill No. 161003-A (approved May 8, 2017).
688
   Amended, Bill No. 161003-A (approved May 8, 2017).
689
   Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 120656-AA (approved February 6, 2013); amended, Bill No. 130804 (approved December 18, 2013); amended, Bill No. 150766 (approved December 8, 2015); amended, Bill No. 190380 (approved July 24, 2019); amended, Bill No. 210078-A (approved April 28, 2021).
690
   Amended, Bill No. 190380 (approved July 24, 2019).
691
   Added, Bill No. 150766 (approved December 8, 2015).
692
   Amended, Bill No. 150766 (approved December 8, 2015).
693
   Amended, Bill No. 170306-A (approved July 11, 2017). Section 4 of Bill No. 170306-A provides: "Sunset Provision. This Ordinance shall lapse on December 31, 2020, except as to any building permit then in effect."
694
   Enrolled bill numbered this as subsection (.a); renumbered by Code editor.