§ 153.125 OFF-STREET PARKING, GENERAL.
   (A)   In all zoning districts, off-street parking requirements for the storage and parking of self-propelled motor vehicles for the use of occupants, employees and patrons of the buildings hereafter erected, altered, or extended shall be provided as prescribed in this subchapter. Such space shall be under the direct control, either by ownership or long-term lease, of the owner of the buildings or use served, shall be maintained, and shall not be encroached upon so long as the main building or structure remains, unless an equivalent number of such spaces are provided elsewhere in conformance with this subchapter.
   (B)   The determination of the required spaces and the regulation thereof shall be governed by the following regulations.
      (1)   Area requirement. For the purpose of this section, 300 square feet of lot area shall be deemed a parking space for one vehicle, including access aisle, except that 180 square feet of lot area which has direct means of ingress and egress from an alley or street may also be deemed a parking space.
      (2)   Fractional units. In computing units or measurements to determine the number of required spaces, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one space.
      (3)   Loading spaces. Loading spaces shall not be construed as supplying off-street parking space.
      (4)   Location of spaces. The off-street parking facilities required for one- and two-family dwellings shall be located on the same lot or plot of ground as the building they are intended to serve and shall consist of a parking strip, parking apron, or garage. A parking strip or driveway shall be located such that it leads to at least one parking space in a yard other than the required front or street side yard. Additional spaces may be located in the required front or street side yard provided the space is not located in a space bound by the front building line, the side building line nearest the parking strip or driveway and the front lot line (see Figure 6.1 in § 12 of Appendix A to this chapter) or on corner lots the space bound by the front lot line, the street side yard lot line (see Figure 6.2 in § 12 of Appendix A to this chapter). (See also § 72.23 of this code of ordinances.) Off-street parking facilities required for all other uses shall be located on the lot or on property within 400 feet of any entrance to the building such parking is intended to serve, measured between such entrance and the nearest point of such required parking area.
      (5)   Surfacing.
         (a)   Off-street parking and loading areas, including access drives, for all uses shall be surfaced with either:
            1.   Six inches of portland cement concrete; or
            2.   Two inches of asphaltic concrete laid over a base of crushed stone with a compacted thickness of six inches and shall be graded and drained to dispose of all surface water on the property.
         (b)   1.   Exception to divisions (B)(5)(a)1. and (B)(5)(a)2. above for single-family dwellings parking spaces, strips, or aprons shall be surfaced with asphalt, concrete, or six inches of stone mix or gravel.
            2.   Gravel and stone mix surfaces shall be maintained such that the parking space, strip, or apron is free from ruts or holes.
            3.   If stone mix or gravel is used the parking area must be clearly defined by use of side borders of landscape ties, treated wood, brick concrete, or other similar border materials.
            4.   All parking spaces, strips, or aprons that are not in compliance with this section must be brought into compliance by June 1, 2001.
         (c)   Surfacing similar to that described above shall be required in the case of any “Off-Street Parking A” automobile parking area approved by the City Planning Commission as a special approval use under the provisions of § 153.128. To assure the actual completion of improvements required as a condition for the special approval, a performance guarantee in an amount sufficient to cover the construction cost of the adequate improvements, such cost to be determined by the Department of Engineering, shall be required. (See § 153.563.)
      (6)   Parking barriers. Parking barriers, where required in §§ 153.128(B)(7) and 153.129(E) and (K), shall consist of continuous curbs or bumper rails of either wood, metal, or concrete as defined by the city building regulations, securely anchored, and be not less than six inches or more than 24 inches in height above the surface of the parking area involved.
      (7)   Similar uses. In the case of a use not specifically mentioned, the requirements for off-street parking facilities for a use which is so mentioned and is similar shall apply.
      (8)   Existing spaces. Off-street parking existing on the effective date of this chapter, which serves an existing building or use, shall not be reduced in size to less than required under the terms of this subchapter.
      (9)   Seating allocation. In stadiums, sports arenas, churches, and other places of assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each 24 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities under this section.
      (10)   Mixed uses in same building. In the case of mixed uses in the same building or on the same property, the total requirements for off-street parking and loading shall be the sum of the requirements for the particular individual uses computed separately in accordance with § 153.126.
      (11)   Collective use of spaces. Nothing in this subchapter shall be construed to prevent collective provisions of off-street parking facilities for two or more buildings or uses; provided, that collectively, such facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with § 153.126.
      (12)   Joint use of spaces. Not more than 50% of the off-street parking requirements for a specific use may be satisfied by the applicant for a building permit or certificate of occupancy by establishing that the owner of the property on which the proposed building or use is to be established has, in connection therewith, the legal right of record to the joint use of private off-street parking facilities meeting the requirements of this chapter and which are provided by other uses not normally open, used, or operating during the principal operating hours of the proposed use. The legal right herein referred to as other than by joint ownership of the land shall be for the useful life of the building in which the use is to be established as determined by the Chief Inspector. All questions as to the existence of such legal right shall be determined by the City Attorney, and the applicant shall furnish such abstracts of title, title searches, and legal instruments for examination as the City Attorney may find necessary to make such determination.
      (13)   Irrevocable use. All required off-street parking spaces shall be stated in an application for a building permit and shall be reserved irrevocably for such a use.
      (14)   General conditions. Except when land is used as a storage space in connection with the business of a repair or service garage, the time limit for parking in off-street parking areas shall prevail in accordance with § 153.129(L), it being the purpose and intention of the foregoing that the requirements of maintaining vehicle storage or parking space is to provide for the public safety in keeping parked cars off the streets, but such requirement is not designed to or intended to provide for, and it shall be unlawful to permit, the storage or parking on such open land of wrecked or junked cars, or for creating a junkyard or a nuisance in such area.
      (15)   Restriction of parking on private property. It shall be unlawful for any person, firm, or corporation to park any motor vehicle on any private property, or use said private property as parking space, without the express or implied consent, authorization, or ratification of the owner, holder, occupant, lessee, agent, or trustee of such property.
      (16)   Exempt from parking requirements. All uses located within designated areas containing municipal off-street parking facilities, as are identified on the Zoning Map, are exempt from the requirements in § 153.126, but if parking is provided such areas shall be improved pursuant to applicable requirements contained in §§ 153.127 through 153.131, inclusive.
      (17)   Curbing/bumper blocks. Concrete curbing or concrete or treated wood tire bumper block of a minimum height of six inches and a maximum height of 12 inches shall be located around the perimeter of the parking facility, excluding areas of ingress and egress.
      (18)   Parking lot landscaping.
         (a)   In addition to requirements for landscaping setback areas and buffers, all off-street parking lots of more than 40 spaces shall incorporate and provide protected landscaped areas located within the parking lot. The ratio of landscaped area to number of parking spaces shall be 100 square feet for each 20 parking spaces. The minimum size for an interior parking lot landscaped island shall be 100 square feet. Required parking lot setback areas shall not satisfy the requirement for interior landscaping. Applicants are encouraged to locate landscaped islands adjacent to end parking stalls to protect end vehicles and improve sight distance. (See division (B)(19) below.)
         (b)   In all landscaped areas, at least one evergreen tree with a minimum height of four feet or one deciduous tree with a minimum caliper of three inches shall be provided for every 200 square feet of parking lot landscaping required. The landscaping shall be provided with a variety of plant materials including trees of a selected variety and size as may be practical for planting and architectural effect. When parking lot landscaping is provided in one or more end islands, the maximum mature height of shrubs and similar species shall be 30 inches and the minimum canopy height of deciduous trees shall be eight feet, in order to provide clear sight distance.
      (19)   Parking islands. In order to delineate on-site circulation, ensure adequate sight distance at the intersection of parking aisles, ring roads and private roads, protect vehicles at the end of parking bays, and define the geometry of internal intersections, end islands (painted or landscaped/ curbed) shall be required at the end of all off-street parking spaces adjacent to an aisle or road. At a minimum, one landscaped island (see division (B)(18) above) shall be provided for every two painted islands. End island design shall generally conform to concept shown in Appendix A, § 13.
(Prior Code, § 153.115) (Ord. D-1418, § 601, passed 11-22-1982, effective 1-21-1983; Ord. D-1887, passed 2-19-2001, effective 3-1-2001; Ord. D-1922, passed 6-17-2002, effective 6-27-2002)