Regulation of off-street parking and loading spaces in this chapter is to alleviate or prevent congestion of the public rights-of-way and so to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking, loading and unloading from motor vehicles in accordance with the utilization of various parcels of land and structures. All applications for a building permit, in all districts, shall be accompanied by a site plan, drawn to scale and dimensioned, indicating the location of off-street parking and loading spaces in compliance with the requirements set out in this subchapter.

(‘81 Code, § A1-61) (Ord. 291, passed 4-21-83; Am. Ord. 443, passed 5-18-89; Am. Ord. 455, passed 7-27-89; Am. Ord. 479, passed 4-12-90)

   All uses existing upon the effective date of the adoption of this chapter shall be required to reasonably comply, as determined by the Zoning Administrator, with the minimum parking requirements set forth in this chapter. Whenever a building or part thereof is changed in usage, such that the new use requires more parking than the old, the extent to which the use is changed shall be required to comply fully with the provisions of this chapter.

(‘81 Code, § A1-61) (Ord. 291, passed 4-21-83; Am. Ord. 443, passed 5-18-89; Am. Ord. 455, passed 7-27-89; Am. Ord. 479, passed 4-12-90)

   (A)   The term “floor area” for the purpose of calculating the number of off-street parking spaces shall be the net usable floor area of the various floors, devoted to retail sales, services, office spaces, processing and fabrication exclusive of hallways, utility space, restrooms and storage areas other than warehousing.

   (B)   Each parking space shall not be less than nine feet wide and 20 feet in length and each space shall be served adequately by access drives. If the stall is adjacent to a curb or a landscaped area, the required length of the space may be reduced by 1½ feet.

   (C)   On-street parking spaces shall not be utilized in providing the minimum required number of parking spaces for each use under this chapter.

   (D)   All spaces shall be served by access aisles of the following widths, based on the angle of the parking stalls:

   Parking Angle     Aisle Width

    90-degree      24 feet; two-way

    60-degree      18 feet; one-way

    45-degree      15 feet; one-way

(‘81 Code, § A1-61) (Ord. 291, passed 4-21-83; Am. Ord. 443, passed 5-18-89; Am. Ord. 455, passed 7-27-89; Am. Ord. 479, passed 4-12-90)

   (A)   The purpose of this section is to reduce the visual clutter, surface soil runoff, facilitate stormwater infiltration, promote the general safety and welfare, and protect the property values of adjoining properties by controlling the number of vehicles that may be parked on a residentially zoned lot, and the impervious surface created by driveways.

   (B)   Parking in all residential districts shall be subject to the following requirements:

      (1)   Required off-street parking in the residential districts shall be on the same lot as the principal building unless otherwise approved by the City Council;

      (2)   Non-passenger vehicles shall not be parked or stored in a residential district except when loading, unloading or rendering a service. Under no circumstances shall parking facilities accessory to residential structures be used for open air storage of non-passenger vehicles;

      (3)   All motorized vehicles, regardless of type, method of propulsion, or placement on a trailer, and all Class II vehicles and trailers shall be parked or stored on a paved surface. A surface constructed of pervious material may be used if approved by the city;

      (4)   No person shall cause, undertake, permit or allow the outside parking and storage of vehicles on residentially zoned property unless it complies with the following requirements:

         (a)   A property located in the R-1, R-2, R-3, R-4, R-5, and R-CL zoning districts, or planned development districts where the primary use is single-family residences may have a maximum of four passenger vehicles, in addition to any permitted motorcycles, recreational vehicles or trailers, parked or stored outside the residence for the occupants of that property provided all passenger vehicles are parked or stored on the lot as regulated by the city code. A permitted accessory unit dwelling shall not be entitled to park additional vehicles than are otherwise allowed for the primary dwelling unit.

         (b)   The city may approve an annual “on site parking permit” for outdoor parking of more than four but not to exceed six passenger vehicles, on an R-1, R-2, R-3, R-4, R-5, R-CL zoned property, or planned development districts where the primary use is single-family residences, provided it meets the following standards:

            1.   The applicant’s property shall conform to the parking standards set forth in § 155.378 hereof;

            2.   The owner shall pay a permit fee as stated in the appendix to Chapter 35;

            3.   All vehicles must be parked or stored on the established paved driveway and not on the street;

            4.   No vehicle shall encroach into or otherwise block a sidewalk, trail, path or any roadway; or within the area between any sidewalk and roadway; and

            5.   All vehicles must be operational and properly licensed.

      (1)   On a residential lot one acre or larger, not more than four of any combination of recreational vehicles or trailers of any class may be parked or stored outside, provided at least two are completely screened from view from public roads or adjacent properties.

      (2)   On residential lots smaller than one acre, a resident may park or store the following outside: either one Class I recreational vehicle or trailer and either one Class II recreational vehicle or trailer; or not more than two Class I recreational vehicles or trailers. Under no circumstances, shall there be more than one Class II recreational vehicle or trailer parked or stored outside on residential lots smaller than one acre at any one point in time.

      (3)   Motorized recreational vehicles or recreational equipment on trailers and Class II trailers shall be parked or stored on a paved surface entirely on the vehicle owner's property. If parked in the front of the primary residence, all recreational vehicles and trailers regardless of classification shall be located on the established driveway. If stored in the rear yard, Class II recreational vehicles and Class II trailers shall be 10 feet from the rear lot line, or 20 feet from any street-side lot line. When parked or stored outside, trailers shall be emptied of all refuse, debris, junk, or other materials.

      (4)   Recreational vehicles are not to be occupied or used for living, sleeping or housekeeping purposes while parked or stored on any lot; except nonpaying guests of the owner of the property may occupy one recreational vehicle in addition to those permitted herein. Such vehicle shall be parked subject to the provisions of this section and used for sleeping purposes for a period not to exceed seven consecutive days at one time or more than 14 days total in one calendar year.

(‘81 Code, § A1-61) (Ord. 291, passed 4-21-83; Am. Ord. 443, passed 5-18-89; Am. Ord. 455, passed 7-27-89; Am. Ord. 479, passed 4-12-90; Am. Ord. 729, passed 6-26-03; Am. Ord. 834, passed 2-28-08; Am. Ord. 1050, passed 10-11-18) Penalty, see § 155.999

   (A)   Required parking facilities serving two or more uses may collectively provide off-street parking, except in residential districts, provided that the total number of parking spaces is not less than the sum total of the requirements for each use computed separately.

   (B)   In the case where operating hours do not overlap, the city may allow the parking spaces to be reduced below the total requirements of the individual uses under the following conditions:

      (1)   The proposed joint parking space is within 400 feet of the entrance of the use it will serve;

      (2)   The applicant(s) shall show that there is no substantial conflict in the principal operating hours of the two or more buildings or uses for which joint use of off-street parking facilities is proposed; and

      (3)   A properly drawn legal instrument, approved by the city, executed by the parties concerned, for joint use of the off-street parking facilities shall be filed with the City Clerk.

(‘81 Code, § A1-61) (Ord. 291, passed 4-21-83; Am. Ord. 443, passed 5-18-89; Am. Ord. 455, passed 7-27-89; Am. Ord. 479, passed 4-12-90)

   (A)   Required off-street parking space in commercial, industrial, or institutional districts, including those within a planned development district, shall not be utilized for open storage of goods, overnight parking of vehicles, storage of vehicles or for vehicles which are inoperable, or for lease, rent or sale, except where otherwise permitted.

   (B)   Notwithstanding the foregoing, the occupant of a property zoned for commercial, industrial or institutional uses may store up to three passenger motor vehicles or one non-passenger motor vehicle on the property, provided each vehicle is: (1) owned or leased by the occupant; (2) regularly used in connection with and as an integral component of the operation of the principal use on the property; (3) is not larger than the footprint of a standard passenger vehicle parking stall, except the one permitted non-passenger motor vehicle shall not be larger than the aggregate footprint of the length of two contiguous parking stalls; and (4) parked and stored in a designated parking spaces as approved by the city. In no case shall the number of permitted stored vehicles under this division exceed three for any given parcel of record. This exemption does not permit the outdoor storage of equipment, trailers, recreational vehicles, recreational camping vehicles, motorcycles or other similar vehicles, semi-tractors, or vehicles for sale.

(‘81 Code, § A1-61) (Ord. 291, passed 4-21-83; Am. Ord. 443, passed 5-18-89; Am. Ord. 455, passed 7-27-89; Am. Ord. 479, passed 4-12-90; Am. Ord. 738, passed 11-13-03; Am. Ord. 1089, passed 6-10-21) Penalty, see § 155.999

   Property that constitutes required off-street parking area may not be separated, through sale or other means, from the property containing the principal use for which the parking area is required.

(‘81 Code, § A1-61) (Ord. 291, passed 4-21-83; Am. Ord. 443, passed 5-18-89; Am. Ord. 455, passed 7-27-89; Am. Ord. 479, passed 4-12-90) Penalty, see § 155.999

   If it is clearly demonstrated by the owner that the required parking is in excess of the actual demand, all of the required parking need not be constructed initially. A minimum of 75% of the spaces required must be built initially. The remainder of the required spaces, as shown on the site plan, are to be constructed by the owner when the city determines they are needed. The area of future parking must be sodded with grass and kept free of shrubs or trees. To ensure the construction of the future spaces, a financial guarantee may be required by the city.

(‘81 Code, § A1-61) (Ord. 291, passed 4-21-83; Am. Ord. 443, passed 5-18-89; Am. Ord. 455, passed 7-27-89; Am. Ord. 479, passed 4-12-90)

   (A)   Access and location. Parking areas shall be designed so as to provide an adequate means of access to a public street. Driveway access shall not be less than 24 feet in width, except for single- and two-family dwellings; shall not exceed 30 feet in width and shall be located to cause the least interference with traffic movement. All off-street parking spaces shall have access off driveways and not directly off a public street. Except for single- and two-family dwellings, the minimum driveway radius shall be 15 feet.

      (1)   In single-family residential districts, any area intended to be used for parking spaces, driveways, storage of motor vehicles, or vehicle maneuvering areas shall be surfaced with concrete, asphalt or brick pavers. Pervious material may be permitted when approved by the city.

      (2)   In multi-family residential, commercial, industrial, or institutional districts, any area intended to be used for parking spaces, driveways, loading areas, open sales or storage lots, vehicle maneuvering, and the like, shall be surfaced with concrete or bituminous materials. Pervious material may be permitted when determined to be a low risk of contamination and approved by the city.

   (C)   Lighting. Lighting shall be accomplished in a manner as to have no direct source of light visible from the public right-of-way or adjacent land. Lighting shall be provided, where necessary, to aid in the maneuvering of vehicles.

   (E)   Marking of spaces. Parking spaces and pedestrian ways shall be clearly painted or clearly marked.

   (F)   Driveway location. Driveways shall be placed in the boulevard area in the space defined by an extension of the side lot lines to a perpendicular intersection with the street center line. Side lot lines which terminate on a cul-de-sac shall be extended to the center.

   (G)   Driveway setbacks. Driveways serving single-family detached or duplex lots shall be located not less than 30 feet from a curb line intersection. Other driveways shall be located no less than 50 feet from the curb line intersection of local or neighborhood collector streets and 100 feet on community collector or minor and principal arterial streets.

   (H)   Driveway grade. Driveways may exceed a grade of 10% where approved by the city. A level area shall be provided for an automobile in front of the garage on residential lots.

   (I)   Walkways. Surfaced walkways shall be provided from parking areas and recreation areas to the entrances of buildings, except for single- and two- family dwellings.

   (J)   Landscaping. Parking lots must be landscaped.

      (1)   Driveways with a single driveway approach shall not exceed 40% of the width of the lot up to a maximum of 36 feet whichever dimension is the smaller provided the driveway between the curb and right-of-way line does not exceed 30 feet in width.

      (2)   Circular driveways with driveway approach cuts serving the same lot shall not exceed the maximum 36 feet when the width of both driveways are combined.

      (3)   Any driveway approach not directly leading to an attached or detached garage or accessory structure shall be located beside the attached garage abutting the primary structure.

   (M)   Number of driveway approaches in residential districts. Only one driveway approach will be allowed from a single-family residential lot to the same street, except that two driveway approaches to the same street may be allowed when the lot frontage on that street is at least 120 feet. Lots having frontage on more than one street will be allowed driveway approaches consistent with the standards in this chapter.

(‘81 Code, § A1-62) (Ord. 291, passed 4-21-83; Am. Ord. 455, passed 7-27-89; Am. Ord. 479, passed 4-12-90; Am. Ord. 834, passed 2-28-08; Am. Ord. 878, passed 2-11-10; Am. Ord. 1050, passed 10-11-18) Penalty, see § 155.999

   The following minimum parking spaces shall be provided and maintained by ownership, easement or lease, for and during the life of the respective uses hereinafter set forth. Where a specific requirement is not stated, the City Council shall determine the adequacy of parking when approving a site plan. These requirements are subject to upward or downward revisions based on the experiences of the city:

   (A)   Single-family or two-family dwelling. Two parking spaces for each dwelling unit in addition to any garage space which may be provided, as in § 155.341(B).

   (B)   Multiple dwelling (including townhouses). One and one-half parking spaces and one garage space per unit shall generally satisfy the parking requirements; however, upward or downward revisions may be required at the time of site plan review based on the accessibility of the open parking spaces to all tenants and guests of the multiple dwelling complex. Garage (enclosed) parking spaces shall be required in addition to the surface spaces and shall be provided at the rate of one space per apartment unit and two spaces per townhouse unit. Garage spaces must be either underground or attached to the multiple-residential structure.

   (C)   Motel. One space for each dwelling unit or lodging room plus one additional space for each eight units. Additional spaces shall be required for liquor or restaurant facilities on the premises.

   (D)   Church, auditorium or undertaking establishments. One parking space for each 3½ seats based on the design capacity of the main assembly hall.

   (E)   Hospital. One and one-half parking spaces for each three patient beds, plus one space for each two employees, plus one space for each staff doctor.

   (F)   Rest homes, nursing homes, sanitariums or homes for the aged and children. One space for each four beds plus one space for each two employees and one space for each staff doctor.

   (G)   Day nurseries. Ten spaces, plus one space for each 500 square feet in the principal structure.

   (H)   Medical or dental clinic. Three parking spaces for each staff doctor practicing on the premises at any one time or one space for each 150 square feet of gross floor area, whichever is greater.

   (I)   Office buildings or professional offices having less than 6,000 square feet of floor area. One parking space for each 150 square feet of floor space.

   (J)   Office buildings or professional offices having 6,000 square feet or more of floor area. One parking space for each 150 square feet of floor space for the first 6,000 square feet of floor area; thence one parking space for each 200 square feet of floor area thereafter.

   (K)   Theater. One parking space for each three seats.

   (M)   Bowling alley. Five parking spaces for each alley, plus additional spaces as may be required herein for related uses such as a restaurant or liquor facility.

   (N)   Motor fuel station. Four off-street parking spaces, plus two off-street parking spaces for each service stall if any.

   (O)   Retail store. One parking space for each 150 square feet of floor area up to a total floor area of 20,000 square feet; thereafter, one space for each 200 square feet of floor area.

   (P)   Restaurants and on-sale liquor establishments:

      (1)   Class I restaurants and other establishments with on-sale liquor licenses. Class I restaurants without liquor licenses and Class III restaurants: one space per 2.5 customer seats; and one space per five seats of outdoor eating area, excluding the first ten outdoor seats.

      (2)   Class II restaurants. One space per three customer seats; and six stacking spaces for each drive-in window.

      (3)   Any restaurant and on-sale liquor establishment lawfully existing on the effective date of this division shall not be subject to the parking requirements in this division and shall continue to be subject to one parking space for each three seats based on capacity design. The parking requirements in this division shall become applicable upon any expansion or alteration which results in more customer seating of said restaurant or on-sale liquor establishment.

   (Q)   Banks or savings and loans. One parking space for each 250 square feet of gross floor area, plus six stacking spaces for each drive-in window.

   (R)   Car wash. Five parking spaces for each washing lane, plus one space for every two employees.

   (S)   Auto repair, major; auto sales (new); auto sales (used); boat and marine sales; garden supply store or building material sales. Ten customer parking spaces, plus one additional customer space for each 800 square feet of floor area over 1,000 square feet, plus one additional space for every two employees.

   (T)   Manufacturing, fabricating or processing of a product or material. At least four off-street parking spaces, plus one additional space for each 800 square feet of building.

   (U)   Furniture store, appliance store, wholesale or warehouse (up to 6,000 square feet in area). One space for each 400 square feet of gross floor area, plus one additional space for each 800 square feet of gross floor area over 6,000 square feet.

   (V)   Veterinary clinics. One space for each 400 square feet of gross floor area.

(‘81 Code, § A1-63) (Ord. 291, passed 4-21-83; Am. Ord. 455, passed 7-27-89; Am. Ord. 479, passed 4-12-90; Am. Ord. 505, passed 3-14-91; Am. Ord. 730, passed 7-10-03; Am. Ord. 861, passed 6-11-09)

   Manufactured homes not meeting the standards of the Uniform Building Code, not placed on a permanent foundation and having any horizontal axis less than 18 feet shall not be permitted to be located, for storage or habitation, in any zoning district, except in an approved manufactured home park, without a special permit being issued by the City Council for a period not to exceed one year.

(‘81 Code, § A1-22) (Ord. 291, passed 4-21-83) Penalty, see § 155.999

   (A)   Purpose. The purpose of this section is to permit no more than one accessory unit dwelling (AUD) in a one-family detached dwelling (R-1 district only) by conditional use permit. The R-1 zoning district requires a minimum lot size of 40,000 square feet which ensures that additional housing will have less impact on neighboring properties. Because this conditional use will be located in established one-family residential districts (single family home neighborhoods), the installation and use of accessory unit dwelling must be strictly controlled to avoid adverse physical, social, economic, environmental and aesthetic impacts. By allowing only those accessory unit dwellings that are in compliance with all of the performance standards of this section, the character and quality of existing neighborhoods will be protected.

   (B)   Definitions. For the purpose of this chapter the following definition shall apply unless the context clearly indicates or requires a different meaning.

      ACCESSORY UNIT DWELLING ("AUD"). A subordinate habitable unit dwelling added to or created within a one-family detached dwelling (hereinafter PRIMARY RESIDENCE ) that provides the basic requirements of shelter, heating, cooking and sanitation.

   (C)   Conditional use permit required. No property within a one-family residential district shall have more than one unit dwelling, unless a conditional use permit is first obtained from the city for an AUD.

   (D)   Performance standards. In addition to the provisions governing conditional use permits elsewhere in this chapter, any AUD permitted by a conditional use permit hereunder shall meet the following requirements:

      (1)   The primary residence must be located within an R-1 zoning district and have a minimum lot size of 40,000 square feet.

      (2)   A property owner, which shall include title holders and contract purchasers, must reside in either the primary residence or the AUD as their permanent residence. The property owner may be absent from the property for a period not to exceed 180 consecutive days, but must reside in the home not less than 180 consecutive days per calendar year, and during which period the subject property continues to be the applicant's legal and principal residence.

      (3)   An AUD may not be subdivided or otherwise segregated in ownership from the primary residence structure.

      (4)   An AUD's total floor area shall be no more than 40% of the primary residence's footprint and an AUD shall not be less than 300 square feet. The City Council may approve a larger floor area where the petitioner can demonstrate that the additional size is clearly subordinate to the principal dwelling, the exterior changes to the house do not substantially alter its single family character and the resulting total floor area and size of the house is consistent with the size of the homes in the immediate neighborhood.

      (5)   The lot area coverage from the primary residence, an AUD and all other impervious surface shall not exceed 35% of the lot or parcel area.

      (6)   An AUD shall be designed and maintained as to be consistent with the architectural design, style, appearance and character of the primary residence as a single-family residence. If an AUD extends beyond the current footprint or existing height of the main building, such an addition must be consistent with the existing facade, roof pitch, siding and windows.

      (7)   An AUD shall be located within or attached to the primary residence and shall not be permitted in structures detached from the primary residence, including, but not limited to, accessory buildings, detached garages, or workshops.

      (8)   An AUD may be created by the conversion of living space within the primary residence, but not by conversion of garage space unless, thereafter, space is available for a two-car garage on the lot without the need for a variance and the converted AUD complies with all state and city regulations and codes.

      (9)   The total number of occupants in the AUD may not exceed three persons. The AUD shall contain no more than two bedrooms.

      (10)   Two off-street parking spaces shall be required for the AUD, in addition to the two off- street parking spaces required for the primary residence. In no case shall more than four motor vehicles be parked outside of the primary residence.

      (11)   A home with an approved AUD shall not be eligible to obtain a permit to park additional vehicles outside of the residence in conjunction with § 155.373(B)(1)(c).

      (12)   No more than one AUD shall be permitted on a lot or parcel.

      (13)   An AUD shall not be permitted if three AUDs exist, as permitted under this section, within a radius of 2,640 feet (one-half mile) of the proposed AUD.

      (14)   Home occupations may be allowed, subject to existing regulations, but shall only be permitted in either the AUD or the primary residence, but not both.

      (15)   The primary entrance to the AUD shall be located in such a manner as to be unobtrusive from the same view of the building which encompasses the entrance to the primary residence.

      (16)   An AUD shall comply with all state laws, City Code requirements, and building, plumbing, electrical, mechanical, and fire code regulations.

      (17)   The primary residence and AUD shall be created and maintained in compliance with the property maintenance regulations set forth in the City Code.

      (18)   The primary residence and AUD shall be connected to municipal sewer and water.

      (19)   In order to encourage the development of housing units for people with disabilities, the city may allow reasonable deviation from the City Code provisions to install features that facilitate accessibility. Such facilities shall be in conformance with the UBC.

      (20)   AUDs shall be permitted only where it is demonstrated that the accessory unit will not have an undue adverse impact on adjacent properties and where there will not be a substantial alteration of the character of the neighborhood.

      (21)   An additional garage may be constructed, provided only one garage is visible from the public street and complies with all state and city laws and regulations.

      (22)   No accessory dwelling unit or portion thereof shall be used or allowed to be used as a rental unit, for any period less than 30 consecutive days, by a person for payment of a fee or other compensation to the owner, under a lease of contract, written or verbal.

(Ord. 729, passed 6-26-03; Am. Ord. 1121, passed 6-8-23)

   Purpose. Outdoor dining areas are permitted accessory uses in conjunction with a Class I, Class II, or Class III restaurant provided that the following requirements are met:

      (1)   No portion of the outdoor dining area shall be located or occur within any public right-of-way, including sidewalks/trails, boulevard areas or streets.

      (2)   No portion of the outdoor dining area shall be located or occur closer than two feet from any property line.

      (3)   If the outdoor dining area is proposed to be within a city drainage and utility easement, then the property owner shall be required to execute a license agreement prepared by the City Attorney authorizing the use of the city’s easement.

      (4)   The City Council may restrict days, hours, nature and volume, and other aspects of entertainment in any outdoor dining area, including a prohibition against all forms of music, radio, television, and other entertainment, to protect the safety, repose, and welfare of residents, businesses and other uses near the establishment.

      (5)   The outdoor dining area shall be handicap accessible and not restrict accessibility in other areas inside or outside the restaurant or food establishment.

      (6)   If the outdoor dining area is located on a private sidewalk area abutting the restaurant building or within a parking area for the building, then the outdoor dining area shall not interfere with any pedestrian or vehicular traffic on the site. A minimum five-foot wide area of sidewalk shall remain clear for pedestrian travel.

      (7)   The outdoor dining area shall be subordinate to the principal restaurant building and shall not exceed 40% in area of the square footage of the principal restaurant building.

      (8)   The outdoor dining area shall be kept in a clean and orderly manner. No food or beverages may be stored outdoors, unless a suitable means for such storage has been reviewed and approved by the city.

      (9)   The City Council may restrict the hours of operation of an outdoor dining area based upon the proximity of the area to residential dwelling units, and upon considerations relating to the safety, repose, and welfare of residents, businesses, and other uses near the establishment.

      (10)   A fence surrounding an outdoor dining area shall be suitable for the intended use. If a fence is required, a fencing plan shall be submitted with the site plan for the outdoor dining area for review and approval by the city.

      (11)   The outdoor dining area must conform to all fire and building codes related to the number and types of exits that are required.

      (12)   The Planning Commission or City Council may require the notification of property owners if the outdoor dining area is located closer than 600 feet from residential properties.

      (13)   The parking regulations related to minimum required spaces as set forth in this chapter shall apply and compliance met.

      (14)   The maximum impervious surface requirements set forth in this chapter shall apply and compliance met.

(Ord. 794, passed 8-24-06)