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Banner Elk City Zoning Code

PARKING AND

LOADING REGULATIONS

§ 152.070 PARKING AND LOADING REGULATIONS.

   It is the intent of these regulations that adequate parking and loading facilities shall be provided on private property in order to promote the public safety, to lessen congestion in the public streets, and to help make possible the full use of existing streets for traffic movement. Parking lots shall not be focal points for development. Parking and site circulation should be created behind buildings. To achieve these purposes, it is further intended that upon the erection of any building or the use of any lot, there shall be provided on the lot not less than the minimum space required herein. Compliance with these requirements shall be a continuing responsibility.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 400)

§ 152.071 OFF-STREET PARKING REQUIRED.

   Off-street automobile storage or parking space shall be provided on every lot on which any of the following uses are hereinafter established; exception may be made within the C-1 Central Business District when evidence is provided by the applicant that adequate on-street or public parking is available. No certificate of compliance will be issued upon completion of any building unless all off-street parking and loading requirements, shown upon the plans or made part of the zoning permit, shall be in place and ready for use and conforming to the requirements.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 401)

§ 152.072 DIMENSIONS AND DESIGN CRITERIA.

   (A)   General.
      (1)   Each parking space shall be not less than the dimensions provided in the second table below. The number of parking spaces provided shall be at least as great as the number specified in the first table below for various uses.
      (2)   Parking areas shall be designed to accommodate the following criteria.
         (a)   Unless no other practical alternative is available, parking areas shall be designed so that, without resorting to extraordinary movements, vehicles may exit such areas without backing onto a public street. This requirement does not apply to driveways that serve single-family residential units or duplexes.
         (b)   Parking areas of all developments shall be designed so that sanitation, emergency and other public service vehicles can serve such developments without the necessity of backing unreasonable distances (greater than 900 feet) or making other dangerous or hazardous turning movements.
         (c)   Parking area shall be designed so that vehicles cannot extend beyond the perimeter of such area onto adjacent properties, public rights-of-way, sidewalk or landscaped areas.
         (d)   Parking areas shall be graded and improved with either asphalt, concrete or pave-blocks to provide a surface that is stable and minimizes dust. Alternative pervious surfaces will be encouraged in areas where site constraints permit. Storm water runoff shall be directed to grass catchment areas (rain gardens or swales), or existing storm water systems, and allowed to percolate into the soil to the maximum extent practicable. The town shall review the proposed parking area and may require additional measures by the applicant to reduce or mitigate any negative impacts of storm water runoff. Exception: churches, theaters or assembly halls, whose peak attendance will be at night or on Sundays, may be exempt from the requirement to pave or concrete one-half of the parking spaces required; provided, the spaces are stabilized with turf or gravel and maintained in good condition.
Required Parking
Use
Minimum Parking
Maximum Parking
Required Parking
Use
Minimum Parking
Maximum Parking
Automobile repair
2 spaces for each working bay, plus 1 space for each employee
NA
Bed and breakfast homes, bed and breakfast inns, motels and hotels
1 space for each accommodation, plus 1 space for each 2 employees
2 spaces for each accommodation, plus 1 space for each 1 employee
Car sales, outdoor equipment and machinery sales
1 space for each two employees at maximum employment on a single shift, plus 1 space for each sales vehicle/ machinery
NA
Churches, other religious institutions and assembly places of public assembly without fixed seats
1 space for each 200 square feet of gross floor space directed to patron use
1 space for each 100 square feet of gross floor space directed to patron use
Churches, other religious institutions and places of public assembly with fixed seats
1 space for each 4 seats in the principal assembly room
1 space for each 2 seats in the principal assembly room
Colleges
1 space for each 4 students, plus 1 space for each faculty and staff member
NA
Commercial nurseries
1 space for each company vehicle, plus 1 space for each 4 employees
NA
Convenience stores
   With gas sales
2 spaces for each gas pump, plus 2 spaces for each vehicle bay or similar facility
NA
   Without gas sales
1 space for each 300 square feet of store gross floor area
1 space for each 150 square feet of store gross floor area
Libraries, art galleries, public buildings, professional business offices and banks
1 space for each 250 square feet of gross floor space
NA
Medical and dental offices and clinics
4 spaces for each doctor or dentist practicing at the office or clinic, plus 1 space for each employee
NA
Offices - professional, business or public, including banks
1 space for each 200 square feet of gross floor area
NA
Other retail business not specifically listed above
1 space for each 300 square feet of gross floor area
1 space for each 200 square feet of gross floor area
Personal care services - hair, nail, tanning
2 spaces for each employee
NA
Residential care facilities, rest and convalescent homes, homes for the aged and similar institutions
1 space for each 6 patient beds, plus 1 space for each staff or visiting doctor, plus 1 space for each 4 employees
NA
Residential dwellings, multi-family
2 spaces for each dwelling unit (to be rounded up)
NA
Residential dwellings, single-family and duplex
2 spaces for each dwelling unit
NA
Restaurants (carry-out/ delivery)
3 spaces for customers, plus 1 for each delivery vehicle
NA
Restaurants and beverage shops (dine-in)
1 space for each 3 seats in the restaurant
1 space per 50 square feet of gross floor area
Retail stores and shopping centers (greater than 10,000 sq. ft.)
1 space for each 500 square feet gross floor space
1 space for each 250 square feet of gross floor space
Schools, high and public
1 space for each staff member and employee, plus 1 space for each 10 students. Spaces should be calculated for the maximum staff and students for which the building is designed
NA
Schools, kindergartens, elementary and junior high, as well as child care facilities
1 space for each classroom and each staff member and employee; sufficient stacking room should be provided for child drop-off and pick-up areas
NA
Special use permit applicants (for uses not listed specifically in this table)
To be determined by the Planning Board dependent on this use, location of and amount of property, topography, hours of operation
To be determined by the Planning Board dependent on this use, location of and amount of property, topography, hours of operation
Warehouse and storage facilities including portions of facilities used for storage; provided, the minimum area for storage and warehousing is 750 square feet
1 space for each 750 square feet of floor area allocated exclusively for warehouse or storage use
NA
 
PARKING SPACE AND AISLE DIMENSIONS
PARKING SPACE AND AISLE DIMENSIONS
Aisle width
0°
30°
45°
60°
90°
   One-way
13 ft.
11 ft.
13 ft.
18 ft.
24 ft.
   Two-way
19 ft.
20 ft.
21 ft.
23 ft.
24 ft.
PARKING STALL
Standard
22 ft. x 9 ft.
18 ft. x 9 ft.
18 ft. x 9 ft.
18 ft. x 9 ft.
18 ft. x 9 ft.
Compact (a)
18 ft. x 8 ft.
16 ft. x 8 ft.
16 ft. x 8 ft.
16 ft. x 8 ft.
16 ft. x 8 ft.
NOTES TO TABLE:
(a) In parking areas containing 10 or more spaces, up to 20% of the parking spaces may be designated for compact cars only. If such spaces are provided, they shall be conspicuously designated as reserved for compact cars only
 
   (B)   Reduction on area and number of parking and loading spaces. No open area in an off-street parking area shall be encroached upon by buildings, storage or other use; nor shall the number of parking and loading spaces be reduced, except after the submission of proof to the Zoning Administrator that, by reason of reduction in floor area, seating capacity, number of employees or change in other factors controlling the regulation of off-street parking spaces, the proposed reduction is reasonable and consistent with the intent of this chapter.
   (C)   Mixed uses. In the case of mixed uses, the total requirement for off-street parking spaces shall be the sum of the requirements of the various uses computed separately and averaged.
   (D)   Setbacks.
      (1)   General location. All parking spaces required in this chapter shall be setback at least five feet from any adjacent street right-of-way, and at least eight feet from the edge of the street when no right-of-way exists beyond the street. In no case shall the location of parking spaces obstruct the visibility of a sight triangle, nor shall they be allowed within any setback area unless granted a variance by the Board of Adjustment.
      (2)   Parking location in the Heritage District Overlay. Parking spaces shall be located to the side and/or rear of the associated buildings they serve. Parking lots that serve as the principal use of a lot shall be exempt from this requirement; however, parking spaces should be setback a minimum of 15 feet so as not to be a dominant feature of the streetscape.
   (E)   Designation of parking spaces. All parking spaces required in this chapter shall be marked or designated by painted lines or an equivalent in a paved parking lot, and by some permanent, fixed markers in unpaved lots.
   (F)   Shared parking.
      (1)   The owner or agent of a land use which requires off-street parking spaces in accordance with this section may be permitted to provide a portion of the required parking at an off-premises location (shared parking); provided, the owner or agent can meet the following requirements.
         (a)   In the C-2, C-1P and M-U Zoning Districts and where a mix of uses are incorporated into a minimum five-acre site, the required parking may be reduced by a maximum of 25% in recognition of shared parking that occurs in mixed use developments and then only on the approval of a conditional use permit.
         (b)   All shared parking spaces shall be located within 400 feet of a public entrance of the principal structure incorporating the use associated with the required parking, or within 400 feet of the lot on which the use associated with such parking is located if the use is not within a principal building.
         (c)   The shared area shall be located in a commercial zoning district.
         (d)   The owner or agent requesting use of the shared parking provision shall provide written evidence that permission was granted by the owner of the land to be used for shared parking. The written evidence shall specify the number of spaces provided in the shared parking area, and that the parking area meets the provisions of this chapter.
         (e)   The owner or agent requesting the use of shared parking shall sign a statement accompanying the certificate of compliance that the validity of the certificate is contingent upon the provision of the requisite number of parking spaces. Reduction of the number of required parking spaces or other violations of this section shall result in the revocation of the certificate of compliance.
         (f)   The shared parking area shall be identified with one sign that shall not exceed four square feet in area and four feet in height.
      (2)   In the C-2, C-1P and M-1 Zoning Districts and where a mix of uses are incorporated into a minimum of five feet from adjacent street right-of-way, and at least eight feet from the edge of the street when no right-of-way exists beyond the street. In no case shall the location of parking spaces obstruct the visibility of a sight triangle.
   (G)   Handicapped parking requirements. For all new and expanding developments which require new parking facilities, handicapped parking shall be provided in accordance with requirements of the state’s Building Code Volume l-C, as revised.
   (H)   Driveways.
      (1)   Driveways serving multi-family, commercial or industrial development shall be permitted in accordance with the standards of the state’s Department of Transportation; provided, however, a commercial or industrial development shall be limited to no more than two driveways on any one road and no more than three driveways total. Additional driveways may be permitted when reviewed by the Administrator and deemed that they are necessary to improve traffic movement, increase sight distances or for other safety reasons.
      (2)   Developments shall share driveways with adjoining developments where possible. In addition, adjoining uses shall provide safe and efficient access to neighboring parking areas so vehicular traffic and pedestrians can move directly to the adjoining use without first returning to the public right-of-way or street. Driveways as a means of the only ingress and egress shall be allowed in the setback areas as determined in § 152.028 of this chapter.
   (I)   Visibility at intersections. On a corner lot in any zoning district, no planting, structures, sign, fence, wall or obstruction to vision more than two and one-half feet in height measured from the centerline of the street shall be placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line connecting points on said street right-of-way. The sight triangle, as required by the state’s Department of Transportation, is illustrated below; however, this sight triangle may be varied by the Administrator on town and private streets as deemed necessary:
   (J)   Parking of tractor trailers or semi-trailers for storage. At no time can a tractor trailer or semi-trailer be parked within view, with or without the truck or tractor, in any zoning district in the town for the purpose of storage of goods for retail, new or used. Individual utility trailers may be used within the town as long as they are used for the specific purpose they were designed for.
(Ord. passed 10-1-1990; Ord. passed 3-14-2005; Ord. passed 6-11-2007; Ord. passed 7-14-2008; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 401)

§ 152.073 OFF-STREET LOADING AND UNLOADING SPACE REQUIRED.

   (A)   Every lot on which a retail, service, trade, wholesale or industrial use is hereinafter established shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. Such space shall have access to an alley, or if there is no alley, to a street. For the purpose of this section, an off-street loading space shall have minimum dimensions of 12 feet by 40 feet.
   (B)   Required space shall be considered as follows:
 
Retail, service or trade business
1 space for each 5,000 sq. ft. of gross floor area
Truck terminals
Sufficient space to accommodate the maximum number of trucks to be stored or to be loaded or unloaded at the terminal at any one time
Wholesale and industrial uses
1 space for each 10,000 sq. ft. of gross floor area
 
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 403)