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For the purpose of this section, the term “private center” includes shopping centers, office parks, industrial parks, medical centers, apartment complexes, and business establishment.
a. Authority and Applicability
The owner or operator of a private center will have authority to display and/or designate the following:
1. Appropriate signs and markings which have been approved by the traffic engineer indicating the parking time limit which, the areas in which parking is permitted or prohibited, and the times when parking of vehicles is prohibited
2. Time limits, parking bans, parking spaces and no parking areas;
b. Approval Required
Subsection A is not effective until the owner or operator of a private center submits a parking plan to the traffic engineer for review and has received approval. Amendments to the private center parking plan must be submitted and reviewed in the same manner.
c. Erection and Content of Signs
The owner or operator of a private center is authorized to erect suitable signs of uniform size and design upon approval of the traffic engineer, which must be placed in parking areas advising the public of limited conditions of parking. A sign must be erected with the words painted thereon in legible red or green lettering setting out that parking in this area is limited to customers for the times indicated by signs, or as otherwise prohibited, as provided by subsections a. through c. of this section.
d. Pavement Marking
The owner or operator of a private center must mark off by painting on the parking area the most suitable manner in which cars may be parked, either 90 degree or angled parking.
e. Presumption of Registered Owner
The registered owner of any vehicle found in violation of rules displayed on signs posted pursuant to this code will be presumed to be the person who illegally parked the vehicle. A vehicle parked on the parking lot of the private center must be parked within the lines so marked.
f. Enforcement
1. The owner or operator of a parking area in a private center will have a responsibility to report such parking violations to police department personnel or other persons approved and authorized to enforce parking laws by the city council. Within this subsection, "owner" or "operator" means an individual, association, or corporation who has title to or possession of any such parking area, or a greater right to possession of any such parking area than one who violates thereon any provision of this section, including but not limited to any lessee or tenant of one holding such title.
2. Police department personnel or other persons so authorized by the city council will have and possess full and complete authority to enforce the provisions of this section and to issue parking citations to any vehicle which is parked in contradiction to the signs posted. (Ord. No. O-2000-68, 9-6-00)
g. Fire Lane
Fire lanes in private centers must be designated by the fire marshal and governed by Chapter 17 of the Tyler City Code.
a. All commercial and industrial structures must provide and maintain off-street facilities or areas for loading and unloading of merchandise and goods within the building or on the lot.
b. Where such loading facilities or areas are located adjacent to a residentially zoned district, or located across a street no wider than two lanes from a residential district, the loading area, space, or berth must be enclosed on three sides.
c. The minimum number of off-street loading facilities, areas, spaces, or berths must be provided in accordance with this section. The following schedules will be used to calculate the minimum number of loading spaces required for the uses listed.
d. Day Care and School Loading Requirements
1. Child day care centers, kindergartens, day schools and similar child care and training establishments, must provide loading and unloading space on an approved private driveway, off-street, sufficient in length to accommodate one motor vehicle per 10 children or students being cared for or enrolled at the establishment. (Ord. No. 0-2014-97; 10/22/14)
2. Loading and unloading spaces will not be required when the day care or school is located within:
(a) An office building as an accessory use provided as a service to employees or customers;
(b) A single-occupancy building as an accessory use provided as a service to its employees or customers;
(c) A shopping mall; or
(d) A religious institution with adequate off-street parking spaces.
Loading docks for any establishment which customarily receives goods between the hours of 9:00 p.m. and 8:00 a.m., and is adjacent to a residentially zoned district, must be designed and constructed so that the loading operation is visually screened, in order to reduce the effects of the noise of the operation on adjacent residences.
a. Purpose
These regulations are intended to ensure that an adequate amount of space is allocated for on-site maneuvering and circulation, that vehicles in a queue for service do not impede traffic on abutting streets, and that stacking lanes will not have nuisance impacts on nearby residential uses.
b. Applicability
1. The regulations of this section apply to all uses that include drive-through facilities and to all portions of a development that comprise the drive-through facility.
2. The regulations apply to new developments, the addition of drive-through facilities to existing developments, and the relocation of existing drive-through facilities.
3. Any use in any district that has drive-through lanes and windows must provide sufficient space on site for vehicles to queue while customers is being served, placing an order, or waiting to place an order or to receive service.
c. Parts of a Drive-Through Facility
A drive-through facility is composed of two parts:
1. The stacking lanes, the space occupied by vehicles queuing for the service to be provided; and
2. The service area, where the first point of service occurs. The following activities are considered points of service: menu boards, service windows, gas pumps, air compressors, vacuum cleaner stations.
d. Setbacks and Landscaping
1. Service points and stacking lanes on lots abutting RE, R-1A, R-1B, R-1C, R-1D, R-2, PUR, and PXR-zoning districts must be set back at least 80 feet and landscaped in accordance with the “B” buffer yard standards of Sec. 10-322. (Ord. No. 0-2014-97; 10/22/14)
2. Service points and stacking lanes on lots abutting office and mixed-use zoning districts must be set back at least 30 feet and landscaped in accordance with the “B” buffer yard standards of Sec. 10-322.
3. If the service points and stacking lanes are within 50 feet of and visible from the roadway, they must be set back at least 20 feet from the right-of-way and landscaped in accordance with the bufferyard planting standards of Article VI, Division B.
e. Exceptions
A stacking lane is not required for accessory facilities where vehicles do not routinely stack up while waiting for the service. Examples are window washing, air compressor, and vacuum cleaning stations.
f. Site Plan Required
The development site plan must show the location and dimensions of the following:
1. Driveways;
2. Stacking lane, including lane markings;
3. Drive aisle between stacking land and on-site parking areas;
4. Service points (including menu boards and service windows);
5. Associated facilities (including communications systems and access aisles);
6. Adjacent residential uses.
g. Stacking Lane Design and Layout
1. Stacking lanes must be designed so that they do not interfere with on-site parking and vehicle circulation.
2. Stacking spaces must be nine feet wide by 20 feet long.
3. All stacking lanes must be clearly identified, through such means as striping, landscaping, pavement design, and signs.
4. Stacking starts at first stopping point.
5. Layout must provide for a minimum nine feet wide escape lane allowing motorists to exit the stacking lane before reaching the drive-thru window. (Ord. No. 0-2010-119; 11/10/10)
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Example Layouts
6. Stacking spaces necessary for the provisions of drive-through lanes shall be determined using the following table:
Type of Facility | Inbound Vehicles | Outbound Vehicles |
Type of Facility | Inbound Vehicles | Outbound Vehicles |
Drive-in bank | 2 spaces per service position | 1 space per service position |
Drive-in beverage, food sales / pharmacies | 4 spaces per service position | 1 space per service position |
Laundry / Cleaners | 3 spaces per service position | 1 space per service position |
Attendant car wash | 10 spaces per service to wash line | 6 spaces between end of wash stall and other circulation lane |
Automatic car wash | 3 spaces per service position | 1 spaces per service position |
Automatic car wash as an accessory use | 2 spaces per service position | 1 spaces per service position |
Service station | 4 spaces per aisle | 1 space per aisle |
Gatehouse (residential) | <50 lots = one space per ten lots; > 50 lots = five spaces | 1 space |
(Ord. No. 0-2010-119, 11/11/10) (Ord. No. 0-2016-76; 08/24/16)
h. Noise
Speakers associated with drive-through facilities may not be audible from abutting residential zones or any abutting lots occupied by residential uses. Sound attenuation walls, landscaping or other buffering measures may be required to ensure that the facility will not have adverse noise-related impacts on nearby residential uses.
i. Interpretation and Appeal
If questions of interpretation or the application of the requirements of this division to a particular land use or occupancy of a structure arise, the planning director in coordination with the development services engineer must, based on findings of fact, make a determination of the off-street parking, loading, or access requirements. A property owner if not satisfied with the director's determination, may appeal such determination to the zoning board of adjustment under the variance procedure.
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