The regulation of loading spaces in this ordinance is to alleviate or prevent congestion of the public right of way so as to promote the safety and general welfare of the public by establishing minimum requirements for off street loading and unloading from motor vehicles in accordance with the specific and appropriate utilization of various parcels of land or structure. (Ord. 1988-12, 12-19-1988)

   A.   Off Street: All required loading berths shall be off street and located on the same lot as the building or use to be served.

   B.   Distance From Intersection: All loading berth curb cuts shall be located, at a minimum, fifty feet (50') from the intersection of two (2) or more street rights of way. This distance shall be measured from the property line.

   C.   Distance From Residential Use: No loading berth shall be located closer than one hundred feet (100') from a residential district unless within a structure.

   D.   Prohibited In Front Yards: Loading berths shall not occupy the required front yard setbacks.

   E.   Conditional Use Permit Required: A conditional use permit shall be required for new loading berths added to an existing structure, where the loading berths are located at the front or at the side of the building on a corner lot.

      1.   Pedestrians: Loading berths shall not conflict with pedestrian movement.

      2.   Visibility: Loading berths shall not obstruct the view of the public right of way from off street parking access.

      3.   General Compliance: Loading berths shall comply with all other requirements of this ordinance.

   F.   Traffic Interference: Each loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will cause the least interference with traffic. (Ord. 1988-12, 12-19-1988)

All applications for a building or an occupancy permit in all zoning districts where a loading berth is required by section 1300.10 of this chapter shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of loading spaces in compliance with the requirements set forth in this chapter. (Ord. 1988-12, 12-19-1988)

   A.   Reduction Of Existing Off Street Loading Spaces Or Lot Area: Off street loading spaces or lot area existing upon the effective date hereof shall not be reduced in number or size unless said number or size exceeds the requirements set forth herein for a similar new use.

   B.   Nonconforming Structures: Should a nonconforming structure or use be damaged or destroyed by fire, it may be reestablished if elsewhere permitted in this ordinance; except, that in doing so, any off street loading space which existed before shall be retained.

   C.   Change Of Use Or Occupancy Of Land: No change of use or occupancy of land already dedicated to loading spaces shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for loading berth requirements below the minimum prescribed by this ordinance.

   D.   Change Of Use Or Occupancy Of Buildings: Any change of use or occupancy of any building or buildings, including additions thereto, requiring additional loading berths shall not be permitted until there is furnished such additional berths as required by this ordinance. (Ord. 1988-12, 12-19-1988; amd. 2005 Code)

It shall be the joint and several responsibility of the lessee and owner of the principal use, uses or buildings to maintain in a neat and adequate manner, the loading berth(s), accessways, striping, landscaping and required fences. (Ord. 1988-12, 12-19-1988; amd. 2005 Code)

All loading berths and accessways shall be improved with not less than six inch (6") class 5 base and two inch (2") bituminous surfacing to control the dust and drainage according to a plan submitted to and subject to the approval of the city engineer. Coal tar based sealants shall be prohibited materials in the maintenance or reconditioning of paved loading areas, driveways, or other paved areas on a property. (Ord. 2013-004, 6-17-2013)

Any space allocated as a required loading berth or access drive so as to comply with the terms of this ordinance shall not be used for the storage of goods, inoperable vehicles or snow and shall not be included as part of the space requirements to meet the off street parking requirements. (Ord. 1988-12, 12-19-1988)

Except in the case of multiple dwellings, all loading areas shall be screened and landscaped from abutting and surrounding residential uses in compliance with section 1000.7 of this ordinance. (Ord. 1988-12, 12-19-1988)

   A.   Nonresidential Developments: Unless otherwise specified in this ordinance, the first loading berth shall be not less than seventy feet (70') in length, and additional berths required shall be not less than thirty feet (30') in length, and all loading berths shall be not less than ten feet (10') in width and fourteen feet (14') in height, exclusive of aisle and maneuvering space.

   B.   Multiple-Family Dwellings: The size and location of the required loading berths shall be subject to the review and approval of the city engineer. (Ord. 1988-12, 12-19-1988)

The number of required off street loading berths shall be as follows:

   A.   Commercial And Industrial Uses: All buildings shall have at least one off street loading berth. Buildings which are ten thousand (10,000) square feet or more shall have, at a minimum, two (2) loading berths.

   B.   Multiple-Family Dwellings: One off street loading berth shall be provided for each principal dwelling structure in excess of four (4) units.

   C.   Other Uses: Other uses not specifically mentioned herein or unique cases shall be determined on an individual basis by the council. Factors to be considered in such determination shall include (without limitation) size of buildings, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles.

   D.   Space Reductions: Subject to the review and processing of a conditional use permit as regulated by chapter 400 of this ordinance, the city may reduce the number of required off street loading spaces when the use can demonstrate in documented form a need which is less than required. In such situations, the city may require land to be reserved for loading space development should use or needs change.

   E.   B-4 District Loading Requirements: Within the B-4 district, the city may approve development and uses which do not comply with the required number of loading spaces as a conditional use permit; provided, that:

      1.   A development agreement running with the land is completed in which it is agreed that the property in question is financially responsible for its proportionate share of the city sponsored and provided loading space construction, maintenance, and loading site acquisition for on street or lot loading space. Said responsibility shall be determined on the basis of the property's loading space shortage based upon ordinance requirements, in relationship to the total loading space shortage, as defined by this chapter for a defined service and benefit area. The "service and benefit area" shall include all properties which benefit from the available loading space serving a particular retail and commercial neighborhood or district.

      2.   The amount of loading space provided on the property in question is the maximum amount possible, taking into account the use and design objectives of the B-4 district as outlined by this ordinance and the comprehensive plan.

      3.   The loading space shortages created by the development are not premature or in excess of the supply which can be provided by the city through a public loading system on a long term basis.

      4.   The provisions of subsection 400.2F of this ordinance are considered and satisfactorily met. (Ord. 1988-12, 12-19-1988)

AL849   Zoning Ordinance - Appendix A   App A-1400