Any requirements for off-street parking shall be in accordance with the following regulations:

(A)

Each off-street parking space shall have an area of not less than 150 square feet exclusive of access drives or aisles and each parking space shall have a minimum width of nine feet. There shall be adequate provision for ingress and egress to all parking spaces as determined by the zoning administrator. For one and two family dwelling units within an R-1, R-2, or R-3 zone, the required number of off-street parking places as established in the zoning code may be provided within access drives or driveways. All access drives or driveways shall not be less than ten feet wide. No access drive or driveway shall be located in any residential zone to provide access to uses other than those permitted in such zones. For residential uses in R-1, R-2, and R-3 districts driveways shall not exceed 20 feet in width at the street, or 20 percent of lot width, whichever is greater, and shall not be located between the right-of-way line and the front of a structure except in front of an attached garage, carport, or parking area.

(B)

Exclusive of hard surface driveways where parking is permitted as referenced in subsection 7.05.01(A) of this Code, off-street parking areas or parking structures for residential structures shall not be located between the required setback line and right-of-way line. On corner lots, exclusive of hard surface driveways, no off-street parking areas or parking structures for residential structures shall be located between the side street right-of-way line and the required front yard setback line for structures on the side street.

(C)

The number of off-street parking spaces required is set forth in these regulations (see Table B, Chapter 23.11). In the case of changes or additions to any existing structure or its use including requests for increased occupancy in residential uses, parking shall be required to meet the requirements for all uses of the premises. In the case of any use or combination of uses not specifically mentioned herein, the zoning administrator shall determine the number of required parking spaces based on similar or comparable use.

(D)

All permitted and required accessory off-street parking spaces, open or enclosed, shall be located on the same lot as the use to which such spaces are accessory, except that such parking may be provided within a radius of 1000 feet. The determination of distance will be the shortest from lot line to lot line. The property shall be in the same ownership as the use to which it is accessory and shall be subject to deed restrictions filed with the city, binding the owner and heirs, successors and assigns to maintain the required number of spaces available throughout the life of such use.

(E)

The number of required off-street parking spaces for a church, synagogue or house of worship may be satisfied in part or in whole by a joint use parking agreement(s) as per Section 23.08.04.

(F)

Within the B2-D downtown business zone, the off-street parking requirement for principal permitted business uses not including residential uses may be eliminated if there exists improved public parking to satisfy the requirements of Table B, Chapter 23.11.

(G)

Exclusive of portions of hard surface driveways where parking is permitted as referenced in accordance with subsection 7.05.01(A) of this Code, no person shall park a motor vehicle or motorcycle between the required setback line and right-of-way line in front of any residential structure. On corner lots, exclusive of hard surface driveways, no person shall park a motor vehicle or motorcycle between the side street right-of-way line and the required front yard setback line for residential structures on the side street.

(Ord. No. 0-133-21, § I, 12-13-2021)

(A)

The penalty for violation of Chapter 23.08 shall be a fine as determined by ordinance.

(B)

The service-safety director shall supply code enforcement officers, police officers and parking enforcement officers with citation tags, for the purpose of giving notice to persons violating any provisions of Section 23.08.01. The notice may be given by delivering such tag to the violator, or by affixing it to the vehicle in violation. The citation tags shall direct the violator to appear and to present such tag at a designated office of the city on or before a date and hour specified thereon.

In any zone, in connection with every building, or building group or part thereof hereafter erected, which are used for manufacturing or commercial uses or distribution by vehicles of material or merchandise where required there shall be provided and maintained, on the same zone lot with such building, off-street loading/unloading berth in accordance with the requirement of Table C Chapter 23.10 Each loading/unloading space shall be not less than ten feet in width, 40 feet in length, and have a minimum clearance of 14 feet, and may occupy all or any part of any required yard.

Joint use of required parking spaces may occur where two or more uses on the same or separate sites are able to share the same parking spaces because their parking demands occur at different times. Joint use of required parking spaces is allowed only if the uses and housing types to which the parking is accessory are allowed in the zone where the parking is located. Joint use of required parking spaces is allowed if the following documentation is submitted in writing to code enforcement as part of a building or zoning permit application or Title 41 review:

A.

The names and addresses of the uses and of the owners or tenants that are sharing the parking;

B.

The location and number of parking spaces that are being shared;

C.

An analysis showing that the peak parking times of the uses occur at different times and that the parking area will be large enough for the anticipated demands of both uses; and

D.

A legal instrument such as an easement, deed restriction, or lease that guarantees access to the parking for both uses.

(Ord. No. 0-133-21, § I, 12-13-2021)

Every parking area for four or more cars, any structure used as a parking garage, or any loading area, or the portion of any access drive or driveway on the city right-of-way shall be developed and maintained in accordance with the following requirements. Plans for such areas shall be reviewed, approved or modified by the service-safety director or designated agent to insure compliance with these regulations.

(A)

Off-street parking areas or structures and off-street loading areas shall be effectively screened. The screening shall be on the sides which adjoin, abut, are adjacent to, or face premises situated in any residential zone or institutional building. Landscaping plan is required and must be submitted to the Athens City Tree Commission for review, and recommendation forwarded to the service-safety director for approval.

(B)

Except for access drives or driveways within R-1 and R-2 zones, no off-street loading/unloading area or parking area or part thereof shall be closer than ten feet to any dwelling, school, hospital, or institution for human care located on an adjoining or adjacent lot.

(C)

Any off-street parking area or off-street loading/unloading area for four or more cars shall be in accordance with Title 27 of this Code. Parking areas for three cars or fewer shall be covered by stone or other suitable material approved by the zoning administrator. Crushed stone and gravel surfaces are prohibited for parking areas for four or more cars and all paved areas shall be marked so as to provide for the orderly and safe loading/unloading, parking and storage of automobiles or trucks.

(D)

Any lighting used to illuminate any off-street parking or loading/unloading area shall be so arranged as to reflect the light away from adjoining premises.

(E)

Off-street parking facilities for multi-family structures containing four or more families shall be adequately lighted and in compliance with Section 23.03.25 of this Code.

(F)

Any off-street parking area and off-street loading/unloading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses in accordance with Title 27 of this Code.

(G)

Parking shall be permitted on the roof of a structure, provided a four-foot wall is constructed around the perimeter of the roof and structural plans are provided by a design professional.

(Ord. No. 0-133-21, § I, 12-13-2021)

The number of required parking spaces may be reduced from the minimum required number of parking spaces in Table B as follows:

1.

The minimum required vehicle parking spaces may be reduced up to 50 percent for the following:

a.

Low income housing tax credit projects.

b.

Replacing one vehicle parking space for every four bicycle parking spaces above the minimum required, as per Table D. This exception may account for up to 25 percent of the maximum parking space reduction allowed.

c.

Designated downtown redevelopment districts, special improvement districts, opportunity zones or innovation zones.

d.

Owner occupied duplex, infill, or rental conversion. Rental conversion must have had a valid rental permit for three of the last five years.

e.

Development sites in R-3, B-2, B2-D, B-3, and M zones that are within 1,500 feet of an existing public transit service stop.

f.

B2D uptown business zone with one and two bedroom housing units.

g.

Residential tax incremental financing projects.

h.

Developments with at least 50 percent universal design units.

i.

Housing with net zero or leed certification.

(Ord. No. 0-133-21, § I, 12-13-2021)

Automobile parking spaces that were required by code at the time of construction may be converted to other uses provided that:

1.

The property owner conducts a parking study, approved by the service safety director, demonstrating that current parking demand renders the spaces unnecessary; and

2.

The municipality has reduced the minimum parking requirement since the building was permitted such that the spaces to be converted would no longer be required.

(Ord. No. 0-133-21, § I, 12-13-2021)