(A) Requirements.
(1) All parking and loading space needs generated by development shall be accommodated off-street. Such spaces shall not be less in number than the parking and loading space requirements of Table 2 (See Appendix B following this chapter), except as provided in division (M) below of this section.
(2) An exception to division (A)(1) above shall be made in the six block core area of the city bounded by 2nd Avenue, 5th Avenue, 9th Street and 11th Street. Table No. 6 designates the off-street parking required for the following uses in that six block core area:
(a) Residential use groups (Table 6 Parking Six Block Core Area). Table 6 lists the residential use groups and designates whether a particular use is required to provide off-street parking in the six block core area of the city, as defined above. To determine if a use is required to provide parking:
1. Find the use in the first column.
2. Read across to the second column. The Schedule of Uses for the B-2 Central Business District has been listed for information only, since the six block core area listed above is located entirely within the B-2 District. Table 5 designates the only uses permitted within this district.
3. Read across to the third column. If the word “Required” is listed then off-street parking spaces shall be required. If the words “Not Required” are listed, then off-street parking spaces shall not be required. If the phrase “may be exempt as determined through conditional use permit process” is listed, the use may or may not be required to provide off-street parking depending upon the outcome of the conditional use permit process required for that use.
(b) Nonresidential use groups (Table 6 Parking Six Block Core Area. Table 6 lists the nonresidential use groups and designates whether a particular use is required to provide off-street parking in the six block core area of the city, as defined above. To determine if a use is require to provide parking:
1. Find the use in the first column.
2. Read across to the second column. The Schedule of Uses for the B-2 Central Business District has been listed for information only, since the six block core area listed above is located entirely within the B-2 District. Table 5 designates the only uses permitted within this district.
3. Read across to the third column. If the word “Required” is listed then off-street parking spaces shall be required. If the words “Not Required” are listed, then off-street parking spaces shall not be required. If the phrase “may be exempt as determined through conditional use permit process” is listed the use may or may not be required to provide off-street parking depending upon the outcome of the conditional use permit process required for that use.
(3) The sole purpose of Table 6 is to specify whether or not a particular use is required to provide parking in the six block core area of the city as defined in division (A)(2) above. Some uses listed in Table 6 may not be permitted by the underlying zoning district which encompass the six block core area. Table 6 shall not be read or utilized in any way to determine whether or not a specific use is permitted or not permitted by the underlying zoning district.
('69 Code, § 7-11.01) (Am. Ord. 821, passed 4-8-96; Am. Ord. 853, passed 1-12-98)
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) LOADING SPACE. A dustless and durable, hard surfaced area of adequate size for the delivery vehicles expected to be used, logically and conveniently located for bulk pickup and delivery, readily accessible when required parking spaces are filled, which shall be located totally outside of any street or alley right-of-way.
(2) PARKING SPACE. A dustless and durable, hard surfaced area adequate for parking an automobile with room for opening doors on both sides, together with a clear properly related access to a public street or alley and maneuvering room, which shall be located totally outside of any street or alley right-of-way.
('69 Code, § 7-11.02)
(C) Interpretation.
(1) Parking spaces for other permitted or conditional uses listed in this section shall be determined by the Administrator.
(2) Fractional numbers shall be rounded to the nearest whole number.
(3) Parking and loading spaces which were in existence on the effective date of this title or were provided voluntarily after such date shall not hereafter be reduced in number except to conform to the requirements herein.
(4) Parking and loading spaces shall be used solely for the intended use and not for the storage of goods, or of vehicles which are inoperable, for lease, rent or sale.
('69 Code, § 7-11.03) (Am. Ord. 847, passed 10-27-97)
(D) Proximity.
(1) Parking and loading spaces generated by development shall be located on the same parcel as the use which they are intended to serve.
(2) An exception to the provisions of division (D)(1) above may be made in the B-2 district, or whenever required parking and loading spaces cannot be located on the parcel in other districts because of development restrictions imposed by the presence of an existing principal structure which is to continue in use. Required parking may then be provided off the parcel, for permitted uses only, subject to the following requirements:
(a) If the use is residential, hotel, motel, or tourist home, the off-lot spaces shall be within 200 feet of the principal entrance or the entrance for individual occupants for whom spaces are reserved.
(b) If the use is other than residential, hotel, motel, or tourist home, the farthest portion of the parking lot shall be within 500 feet of an entrance to the establishment.
(c) Distances indicated above shall be measured along routes generally available to the pedestrians involved.
(d) Parking spaces may be at greater distances than those indicated above when approved by the Commission.
(e) Such off-lot spaces shall be located only in districts in which similar off-street parking is permitted.
(f) The off-lot parking area shall be:
1. Held in fee simple by the same owner as the use requiring the off-street parking space, or
2. Under lease, rental, or other form of agreement satisfactory to the administrative official as assuring continuing availability for required off-street parking for the use, or
3. Established by the city for the purpose of providing such off-lot parking for specified areas and/or land uses, and with number of spaces allocated by specific individual lots.
('69 Code, § 7-11.04) (Am. Ord. 821, passed 4-8-96)
(E) Collective usage.
(1) Mixed occupancies. In the cases of two or more uses in the same building, the total requirements for off-street parking facilities shall be the sum of the requirements for the several uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as herein after specified in division (E)(3) below, for joint use.
(2) Cooperative parking facility. Up to 15% reduction in the number of required parking spaces for four or more separate uses; 10% for three separate uses; and 5% for two separate uses may be authorized by the Administrator following approval of a plan which provides for a collective parking
facility of no less than 20,000 square feet, serving two or more buildings or uses developed through voluntary cooperation or under any parking district which may hereafter be provided by law.
(3) Joint but alternative use. The Administrator may authorize the joint use of parking facilities under the following conditions:
(a) Up to 50% of the parking facilities by night-time uses may be supplied by the off-street parking facilities of day-time uses.
(b) Up to 50% of the parking facilities of day-time uses may be supplied by the off-street parking facilities of night-time uses.
(c) Up to 100% of the parking facilities of a church or auditorium incidental to a graded school may be supplied by the off-street parking facilities of day-time uses.
(d) For the purpose of this section:
1. DAY-TIME USES are defined as offices, banks, retail stores, personal service or repair shops, household equipment or furniture stores, manufacturing or wholesale or similar primarily day-time uses, and
2. NIGHT-TIME USES are defined as auditoriums incidental to graded schools, churches, bowling alleys, dance halls, theaters, bars or restaurants, motels, or similar primarily night-time or Sunday uses.
(e) Conditions required for joint use:
1. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use, shall be located within 500 feet of such parking facilities.
2. The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed.
3. A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney shall be filed with the Administrator. Joint use parking privilege shall continue in effect only so long as such an instrument, binding on all parties, remains in force. If such instrument becomes legally ineffective, then parking shall be provided as otherwise required by division (A) above of this section.
('69 Code, § 7-11.05)
(F) Parking and storage of certain vehicles.
(1) The parking of a disabled vehicle within a residential or commercial district for a period of more than two weeks shall be prohibited, unless such vehicle is stored in an enclosed garage or other accessory building.
(2) Automotive vehicles or trailers of any kind or type without current license plates or trucks over one ton shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. However, two recreation vehicles (i.e. one boat and one travel trailer) may be stored in the rear yard if they have a current license.
('69 Code, § 7-11.06)
(G) Design.
(1) Plot plan. Any application for a building permit shall include therewith a plot plan, drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with this Ordinance.
(2) Size. The minimum acceptable parking lot design criteria shall be that corresponding to the nine-foot stall width in Table 7 Parking Lot Standards - Design Criteria. (See Appendix G following this chapter.)
(3) Surfacing and drainage.
(a) Parking and loading areas shall be graded and drained to dispose of all surface water accumulated within the area. All required parking and loading spaces and access drives shall be paved, except for residential uses of less than four units.
(b) In order to better protect and enhance public health, safety, and general welfare, construction of a dustless and durable hard surface is required on any part of a parcel of property used primarily for parking, where such parcel is located in the B-3 General Business District, and where such parcel abuts property located within a residential zone.
(4) Lighting. Any lighting used to illuminate off-street parking or loading areas shall be directed away from residential properties in such a way as not to create a nuisance to either residential properties or oncoming vehicles.
('69 Code, § 7-11.07) (Am. Ord. 821, passed 4-8-96; Am. Ord. 847, passed 10-27-97)
(H) Procedures on publicly established parking. Where the city proposes to establish parking lots to provide off-lot parking for specific uses within such areas, and where off-lot parking spaces in such lots are to be allocated to lands within such areas in order to assist in meeting the off-street parking requirements of this title, these procedures shall be followed:
(1) A report shall be prepared by the Commission for official action by the City Council, containing the following information and recommendations:
(a) Reasons for establishing area (a statement of the arguments for public action in the case, including a recital of the peculiar problems of the area which make it difficult or impossible for individual property owners to provide parking as required by this title and the public benefits to be expected as a result of public participation in the provisions for such parking.)
(b) Boundaries include all land intended to be primarily benefited by the establishment of the facility shall not extend farther than provided in division (D)(2) above.
(c) Boundaries and layout of the proposed lot, total number of parking spaces to be provided, and location of vehicular and pedestrian accessways and other features, including buffering, general landscape treatment, and the like.
(d) Net area, within the boundaries established under division (G) above of this section of lots on which uses requiring off-street parking under the terms of this title exist or might be expected to be established, or net area of lots which are or might be expected to be occupied by particular classes of uses to which spaces are to be allocated.
(e) Allocation formula to be applied, expressed as number of parking spaces per 1,000 square feet of net lot area.
(2) Upon formal approval of such proposal by the Council and completion of the parking lot, allocation of off-lot parking spaces according to the formula approved shall become effective. The Council shall establish an annual fee per off-street parking space in such lot, and may from-time to time amend such fee. No owner of land shall be required to pay such fee except in connection with reservation or use of all or part of his allocation, but no portion thereof shall be alienated from the land to which it applies except on written consent of the owner if the fee has been paid or by consent of the city on payment of the fee, if the owner has not paid such fee. Such allocation may be for periods of only one year, renewable for periods of only one year. Subject to these requirements:
(a) An owner of land desiring to use all or part of the allocation running with such land to satisfy all or part of the requirements of this chapter for off-street parking may do so upon payment of the annual fee per space established by the Council.
(b) An owner of land who has used all of the allocation running with such land to satisfy part of the requirements of this title for off-street parking may use remaining unused allocations of others for temporary satisfaction of all or part of the remaining parking requirements, but only upon written consent of the owner or owners of other allocations who have paid the fee to reserve them, but are not using them, or from remaining unreserved allocations upon which no fee has been paid. Written consent of owners assigning unused spaces shall specify number of spaces released, and that number of spaces remaining under the control of such owners is sufficient to meet the requirements of this title for his use. Unreserved allocations may be assigned by the city upon payment of the annual fee per space. In either case, assignment shall be for a period of one year only, and the person to whom spaces are assigned shall agree that unless the number of off-street parking spaces required by the use is maintained, the nature or extent of the use will be changed to conform with the off-street parking provided.
(3) In connection with temporary assignments of unused allocation of parking spaces, no owner of land shall be permitted temporary use of a number of spaces equal to more than his full allocation, or more than 25% of the total number of unreserved spaces.
('69 Code, § 7-11.08)
(I) Off-street nonconformities. The requirements of this chapter shall be subject to §§ 155.200 through 155.206.
('69 Code, § 7-11.09) (Am. Ord. 853, passed 1-12-98; Am. Ord. 942, passed 10-14-02; Am. Ord. 1118, passed 9-10-18)
(J) Enforcement. This section is subject to §§ 155.225 and 155.999. ('69 Code, § 7-11.10)
(K) Installation of required parking.
(1) The hard surfacing of all parking and loading spaces generated by development shall be accomplished within one year from the date that the development occurred requiring the hard surfaced parking and loading spaces, except as provided in division (K)(2) below of this section.
(2) The one year time limit, stated in division (K)(1) above, for providing the hard surfacing of all parking and loading spaces generated by development, may, upon a finding of no significant impact, be suspended by the Planning Commission if the property on which development is to occur does not abut on any hard surfaced street. The Planning Commission may, at its discretion, suspend the one year time unit for all the area required to be hard surfaced, as specified in this section, or only a portion of the required hard surfaced parking area. Such suspension may be for a specified time period or until certain specified conditions exist, but under no circumstances shall the suspension exceed the date on which the street on which the subject property abuts is hard surfaced. A suspension of the time limit shall, without further notice to the owner of property allowed such a suspension, automatically expire at such time as the time period suspended by the Planning Commission expires, the specified conditions exist, or the street on which the subject property abuts is hard surfaced.
(3) The Planning Commission shall base a finding of no significant impact shall be based on the following criteria:
(a) Location of the proposed development and its proximity to uses that may have a significant impact from the generation of dust, erosion or other pollution.
(b) Size and layout of the required parking area, including number and type of vehicle traffic.
(c) Potential erosion and other pollution from the parking area.
(4) The suspension of the time limit shall be requested in writing by the owner of the property and this request must be submitted together with the following:
(a) Site plan.
(b) Floor area of the existing uses and any proposed uses in the development.
(c) Number of employees, and number of employees by shift.
(d) Estimates of volume of any type of vehicular traffic to, from or within the development, i.e. scheduled deliveries or shipments.
(Ord. 818, passed 11-13-95)
(L) Low volume occasional uses.
(1) As an alternative to hard surfacing of parking and loading areas required under division (A) above and Table 2, high density crushed rock may be used to surface areas of low volume occasional use.
(2) Definitions. For the purpose of this division (L), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) LOW VOLUME OCCASIONAL USE. An area which is used infrequently and in such a manner as to minimize dust and surface maintenance problems. "Infrequently" would require that the area:
1. Generate no more than five tractor-trailer trips per week; and
2. Generate no more than 20 automobile trips per week, or in the case of a mini storage facility no more than two automobile trips per week per storage unit; and
3. The area is not typically used by pedestrians.
(b) HIGH DENSITY CRUSHED ROCK. A type of material which will not generate quantities of fugitive dust and polluted runoff in excess of that typically found to be generated by conventional hard surfacing; and of which not more than 3% of the material by weight shall pass through a standard number 200 sieve. Examples of acceptable materials would include:
1. Crushed stone such as crushed granite, quartzite or other durable natural stone excluding sandstone, shale and limestone;
2. Crushed bituminous but not crushed concrete pavement; and
3. Washed natural gravel substantially free of material less than 1/8-inch in diameter.
(3) Any required parking or loading area which utilizes high density crushed rock under the terms of this section shall be maintained in such a way as to provide safe, all weather access to such parking or loading area.
(4) Upon any change in use from a low volume occasional use to another use, hard surfaced parking shall be installed within one year of the change in use as required in division (A) above, Table 2 and Table 7.
(Ord. 847, passed 10-27-97; Am. Ord. 1102, passed 12-12-16) Penalty, see § 155.999