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Bella Vista City Zoning Code

ARTICLE IV

OFF-STREET PARKING AND LOADING

Sec. 109-94.- Purpose.

This article is intended to regulate the size, number, and location of off-street parking and loading spaces within the city in order to:

(1)

Protect adjoining properties from the adverse impacts associated with parking and loading spaces such as noise, appearance, and effect on property values;

(2)

Provide adequate areas for off-street parking and storage of motor vehicles, while at the same time preventing over-supply of parking in mixed-use circumstances; and

(3)

Encourage the use of energy efficient, alternative modes of transportation.

(Zoning Ord., § 500.01; Ord. No. 2009-23, § 500.01, 1-8-2010; Ord. No. 2011-04, § 500.01, 7-2-2011)

Sec. 109-95. - Applicability.

(a)

New development and expansion. Off-street parking and loading spaces shall be provided in accordance with these regulations for all new development, and for any existing development that is altered in a way that enlarges or increases capacity by adding or creating dwelling units, guest rooms, floor area or seats.

(b)

New use. Off-street parking and loading spaces shall be provided in accordance with these regulations when a new use is established on a lot.

(c)

Existing spaces. Parking spaces used in connection with an existing or continuing use or building on the effective date of the ordinance from which this article is derived, up to the number required by this article, shall be continued and may not be counted as serving a new structure or addition.

(d)

Permitted locations by right. Parking shall be located within the same zoning district as the use it serves. Required parking for uses allowed by right within a zoning district are allowed as a use by right in the same zoning district.

(e)

Permitted locations as a conditional use.

(1)

Parking located within residential zones and which serve uses in nonresidential zones may be allowed as a conditional use by the planning commission.

(2)

Parking for uses allowed as conditional uses within residential zones must also be approved as a conditional use. A conditional use for parking may be approved at the same time the use is approved or may be approved separately if additional parking is developed later.

(3)

The planning commission shall make a finding based upon the size, scale, and location of these activities that the proposed parking lot will not adversely affect adjacent residential uses or the residential character of the neighborhood.

(f)

Off-site locations. If off-street parking cannot be provided on the same lot as the principal use due to existing buildings or the shape of the parcel, parking may be located on other property under common ownership as the principal use not more than 200 feet distant from the principal use, subject to conditional use approval by the planning commission.

(Zoning Ord., § 500.02; Ord. No. 2009-23, § 500.02, 1-8-2010; Ord. No. 2011-04, § 500.02, 7-2-2011)

Sec. 109-96. - General standards.

(a)

Surfacing. All areas regulated under these regulations shall be constructed from asphalt, concrete, brick, or semi-permeable pavement. All parking shall be graded and drained to dispose of surface water into appropriate structures or appurtenances.

(b)

Barriers. Parking spaces shall be provided with wheel guards or curbs so located that no part of a parked vehicle will extend into or over sidewalks, property lines, or street rights-of-way.

(c)

Striping and marking. Parking lots spaces shall be striped to indicate the location of the individual spaces, directional arrows shall be provided at the entrance of aisles and entry drives, and accessible spaces shall be marked meeting current Americans with Disabilities Act (ADA) requirements. Such striping and marking shall be in accordance with the Manual on Uniform Traffic Control Devices.

(d)

Use of off-street parking and loading spaces. Required off-street parking and loading spaces shall be used solely for the parking of motor vehicles in operating condition, and shall not be used for the storage of vehicles, boats, motor homes, campers, mobile homes, materials, tractor trailers or other temporary storage unless they are located in a designated staging area and are screened, fenced or otherwise fully shielded from public view.

(Zoning Ord., § 500.03; Ord. No. 2009-23, § 500.03, 1-8-2010; Ord. No. 2011-04, § 500.03, 7-2-2011)

Sec. 109-97. - Accessibility.

(a)

Americans with Disabilities Act reference. Accessibility for persons with disabilities in parking lots and building approaches shall be as required by the current Americans with Disabilities Act and as may from time to time be amended.

(b)

Location and size. Location and minimum stall size of accessible parking spaces, passenger loading zones, or valet parking facilities, when provided for public or governmental buildings and facilities, shall meet the standards adopted in the Americans with Disabilities Act.

(c)

Buildings. Accessibility guidelines (ADAAG) for buildings and facilities, appendix A to 28 CFR part 36, or the current federal standard.

(d)

Signage. Accessible parking spaces for persons with disabilities shall be identified with signs in accordance with the Americans with Disabilities Act of 1990 or the current federal statute. Curb ramps shall be provided in accordance with Americans with Disabilities Act of 1990 wherever an accessible route crosses a curb in the parking lot.

(e)

Minimum number of accessible spaces. The following table shall be used to determine the minimum number of accessible parking spaces to be provided for persons with disabilities:

Total parking spaces Minimum number of accessible spaces
1—25 One
26—50 Two
51—75 Three
76—100 Four
101—150 Five
151—200 Six
201—300 Seven
301—400 Eight
401—500 Nine
501—1,000 Two percent of total spaces
Over 1,000 20 spaces plus one space for each 100 spaces over 1,000

 

(f)

Facilities providing medical care.

(1)

Outpatient facilities. Outpatient units and facilities shall provide a minimum of ten percent of the total number of parking spaces provided serving each such outpatient unit or facility, but in no event shall less than one such parking space be provided.

(2)

Specialized facilities. Units and facilities that specialize in treatment or services for persons with mobility impairments shall provide 20 percent of the total number of parking spaces provided serving each such unit or facility, but in no event shall less than one such parking space be provided.

(g)

Multifamily dwellings. Multifamily dwellings containing four or more dwelling units shall provide accessible parking spaces as follows:

(1)

Fair Housing Act reference. Accessible parking shall be provided which meets the provision in the Final Housing Accessibility Guidelines, 24 CFR, chapter 1, subchapter A, appendix II, of the Fair Housing Act of 1968, as amended, or the current federal standard.

(2)

Number of required accessible spaces. Designated accessible parking shall be provided for at least two percent of the dwelling units and at facilities such as swimming pools and clubhouses that serve accessible buildings.

(3)

Visitor parking. Accessible visitor parking that provides sufficient access to grade level entrances of multifamily dwellings is also required.

(Zoning Ord., § 500.04; Ord. No. 2009-23, § 500.04, 1-8-2010; Ord. No. 2011-04, § 500.04, 7-2-2011)

Sec. 109-98. - Parking and loading space location.

(a)

On-site. Required off-street parking and loading spaces shall be located on the same lot as the principal use, except as provided under section 109-95.

(b)

Setbacks.

(1)

In districts zoned A1, RE, R1, and R2, required off-street parking shall not be located within a front or side building setback.

(2)

In R3 and RMH Districts, a parking setback of 15 feet shall be established from the property line or right-of-way. Off-street parking and loading spaces are allowed in the building setback, but not off the driveway, and not in a manner that obstructs sidewalks or visibility.

(3)

In all commercial and industrial districts, the following shall apply:

a.

Front and exterior side of lot. A parking setback of 20 feet shall be established from the property line or right-of-way.

b.

Rear and interior side of lot. A parking setback of 15 feet shall be established from the property line or right-of-way for rear and interior side lot.

c.

Off-street parking and loading spaces are allowed in the building setback, but not off the driveway, and not in a manner that obstructs sidewalks or visibility.

(Zoning Ord., § 500.05; Ord. No. 2009-23, § 500.05, 1-8-2010; Ord. No. 2011-04, § 500.05, 7-2-2011)

Sec. 109-99. - Parking and loading space dimensions.

(a)

Passenger vehicle parking spaces.

(1)

A standard parking space shall be a minimum length of 19 feet and a minimum width of nine feet.

(2)

Curvilinear parking spaces occurring on the arc of a curve will be allowed, provided that the dimensional requirements of 90 degree spaces are met.

(b)

Loading spaces. Each loading berth shall be a minimum length of 30 feet and a minimum width of ten feet. All loading berths have a minimum clearance of 14 feet above finished grade.

(c)

Two-wheeled, motorized vehicle spaces. Each two-wheeled, motorized vehicle parking space shall be a minimum width of four feet, six inches and a minimum length of 12 feet.

(d)

All dimensions outlined in this section are exclusive of access drives and aisles.

(Zoning Ord., § 500.06; Ord. No. 2009-23, § 500.06, 1-8-2010; Ord. No. 2011-04, § 500.06, 7-2-2011)

Sec. 109-101. - Passenger vehicle parking spaces allowed.

(a)

Parking and loading schedules.

(1)

Off-street parking schedule A. The required number of off-street parking spaces shall be calculated in accordance with the following off-street parking schedule.

(2)

Waivers from the requirements of this section shall be submitted to the planning commission which may grant said waiver upon such conditions as it deems appropriate, subject to appeal by the applicant to the city council.

SCHEDULE A: PARKING SPACES REQUIRED

Residential UsesNumber of Spaces
Single-family detached Two per dwelling unit
Single-family attached Two per dwelling unit
Duplex Two per dwelling unit
Multifamily One per one-bedroom unit
Two per two-bedroom unit
Three per three-bedroom and larger units
Manufactured housing (all) Two per dwelling unit
Manufactured housing park Two per unit, plus one for each ten units
Zero lot line single-family Two per dwelling unit

 

(Zoning Ord., § 500.08; Ord. No. 2009-23, § 500.08, 1-8-2010; Ord. No. 2011-04, § 500.08, 7-2-2011; Ord. No. 2015-18, § 1, 8-24-2015; Ord. No. 2021-10, §§ 1—3, 5-24-2021)

Sec. 109-102. - Off-street loading requirements.

In all districts, accessory off-street loading berths, open or enclosed, shall be provided in conformity with the requirements set forth in this section and shall be so arranged so that parking and maneuvering will be on private property.

(1)

Location of off-street loading berths.

a.

Same lot as use. Off-street loading berths shall be located on the same lot as the use for which they are provided.

b.

Setback. Such berths may occupy all or any part of any required building setbacks. Off-street berths are subject to provisions of section 109-99. No such berth may be located closer than 50 feet to any other property in an agricultural or residential district.

c.

Surfacing and marking. Any required off-street loading space shall be surfaced with a durable and dustless surface and shall be so arranged and marked as to provide for orderly and safe unloading and loading.

(2)

Number of off-street loading berths. The number of off-street loading berths required for various uses is set forth in the table below. The planning commission may reduce these requirements after receiving and reviewing a development plan through a waiver.

OFF-STREET LOADING SCHEDULE

Use Floor Area
(Square Feet)
Number of Berths
Retail and service, warehouse, wholesale, and manufacturing uses 3,000 to 25,000 One
25,001 to 85,000 Two
85,001 to 155,000 Three
155,001 to 235,000 Four
235,001 to 325,000 Five
325,001 to 425,000 Six
425,001 to 535,000 Seven
535,001 to 655,000 Eight
655,001 to 775,000 Nine
775,001 to 925,000 Ten
925,001 or more Ten, plus one per 200,000 square feet above 925,001
Office, nursing home, hospital, hotels and institutions 3,000 to 100,000 One
100,001 to 335,000 Two
335,001 to 625,000 Three
625,001 to 945,000 Four
945,001 or more Five, plus one per 500,000 square feet above 945,001

 

(Zoning Ord., § 500.09; Ord. No. 2009-23, § 500.09, 1-8-2010; Ord. No. 2011-04, § 500.09, 7-2-2011)

Sec. 109-103. - Vehicle stacking requirements.

In addition to meeting the off-street parking requirements of these regulations, establishments with drive-through facilities shall comply with the following minimum vehicle stack space standards.

(1)

Stack space schedule.

a.

Fast-food restaurants: 110 feet, as measured from the order station.

b.

Banks: 70 feet, as measured from the teller drop.

c.

Automatic car washes: 50 feet, as measured from the entrance.

d.

Other uses: 30 feet, as measured from the pick-up window.

(2)

Design and layout. Vehicle stack spaces shall be subject to the following design and layout standards:

a.

Stack spaces shall be designed so as not to impede pedestrian access to the building, on and off-site traffic movements, or movements into or out of parking spaces.

b.

Stack space lanes shall be a minimum of eight feet wide, and shall be separated from other internal driveways with painted lines or curbing.

(Zoning Ord., § 500.10; Ord. No. 2009-23, § 500.10, 1-8-2010; Ord. No. 2011-04, § 500.10, 7-2-2011)

Sec. 109-104. - Parking for two-wheeled motorized vehicles.

(a)

When two-wheeled, motorized vehicle parking is required. All proposed new construction requiring passenger vehicle parking shall require two-wheeled, motorized vehicle parking. All proposed and required expansions in passenger vehicle parking lots shall also meet the requirements of this section.

(b)

Amount of two-wheeled, motorized vehicle parking required. The following table shall be used to determine the minimum number of two-wheeled, motorized vehicle parking spaces to be provided:

TWO-WHEELED, MOTORIZED VEHICLE PARKING SPACES

Total spaces required Equivalent total off-street passenger vehicle parking required by code in a nonresidential development Equivalent total off-street passenger vehicle parking required by code in a residential development
Two 1—25 1—50
Three 26—50 51—100
Four 51—100 101—150
Five 101—150 151—200
Six 151—300 201—350
Seven 301—500 351—500
Eight 501—750 501—750
Nine 750—1000 750—1000
One additional space per Each additional 500 spaces Each additional 150 spaces

 

(c)

Location of two-wheeled, motorized vehicle parking.

(1)

Spaces shall be located within 250 feet of a public entry.

(2)

Spaces shall be clustered together as a cohesive area of at least two spaces. Several groups of spaces may be provided as long as other location requirements are met.

(3)

Spaces shall be positioned so that pedestrian and passenger vehicle traffic movements are not impeded.

(4)

Spaces shall not be located within bus stops, loading zones, or other curb space where on-street parking is permitted unless approved by the planning and development department.

(5)

Space shall have adequate lighting for the operation of combination and key locks at night and to minimize theft.

(6)

Spaces shall have a 15-foot clearance from the edge of fire hydrants.

(7)

Spaces shall have a four-foot clearance from existing street furniture, including mailboxes and light poles.

(8)

Spaces shall have a ten-foot clearance from any gratings.

(9)

Spaces shall not interfere with Americans with Disabilities Act standards.

(d)

Surface. All motorized, two-wheeled vehicle parking spaces shall be constructed from concrete, brick, or stone pavers.

(e)

Signage and markings. Each parking space shall be individually designated with striping to the spatial requirements of section 109-99.

(1)

Buffer zone. Each cluster of parking spaces shall be provided with a striped buffer zone as to provide for orderly and safe unloading and loading of vehicles. The minimum width of such buffer striping shall be as wide as the number of spaces within the cluster. The minimum length of such buffer striping shall be as long adjacent passenger vehicle spaces minus the required length of motorized, two-wheeled vehicle parking spaces. The words "Motorcycle Parking" shall be marked within the buffer zone.

(2)

Signage required. Each cluster of spaces shall be designated by its own conspicuously posted upright sign, either freestanding or wall mounted. Each sign shall be no smaller than 12 inches by 18 inches and shall have its lower edge no less than four feet above grade.

(Zoning Ord., § 500.12; Ord. No. 2009-23, § 500.12, 1-8-2010; Ord. No. 2011-04, § 500.12, 7-2-2011; Ord. No. 2015-18, § 1, 8-24-2015; Ord. No. 2024-23, § 1(Exh.), 11-25-2024)

Sec. 109-105. - Bicycle parking requirements.

(a)

When bicycle parking racks are required. All proposals subject to section 109-95 shall meet the requirements of this section.

(b)

Amount of bicycle parking racks required. The following table shall be used to determine the minimum number of bicycle parking racks to be provided:

BICYCLE PARKING RACKS

Total bicycle racks required Equivalent total off-street automobile proposed in a nonresidential development Equivalent total off-street automobile parking proposed in a residential development
One 1—20 1—30
Two 21—40 31—60
Three 41—60 61—90
Four 61—80 91—120
Five 81—100 121—150
One additional rack per Each additional 100 spaces Each additional 150 spaces

 

(c)

Definition of a bicycle parking rack. Each bicycle parking rack shall hold a minimum of two bicycles.

(d)

Spacing of racks. Each bicycle parking space shall have two feet by six feet clear space, paved or unpaved, beside the rack allowing each rack to potentially count as two spaces. The two-foot dimension may overlap another bicycle parking space such that racks positioned in a parallel row may be two feet, six inches on center.

(e)

Position of bicycle parking racks.

(1)

Bicycle parking racks shall be located within 50 feet of a public entry.

(2)

Bicycle parking facilities should have adequate lighting for the operation of combination and key locks at night and to minimize theft.

(3)

Bicycle parking racks should be positioned so that no pedestrian traffic is impeded.

(4)

Bicycle parking racks should not be located within bus stops, loading zones, or other curb space where on-street parking is permitted unless approved by the mayor or his designee.

(5)

Bicycle parking racks shall have a 15-foot clearance from the edge of fire hydrants.

(6)

Bicycle parking racks should have a four-foot clearance from existing street furniture, including mailboxes and light poles.

(7)

Bicycle parking rack location shall not interfere with Americans with Disabilities Act standards.

(f)

Shared bicycle parking. Any property owner required to have bicycle parking may elect to establish a shared bicycle parking facility with any other property owner within the same block to meet the combined requirements.

(g)

Procedure for compliance. For projects requiring bicycle parking, the bicycle parking shall be indicated on the site plan that is submitted to the planning commission for approval. All site plans must be drawn to scale.

(Zoning Ord., § 500.13; Ord. No. 2009-23, § 500.13, 1-8-2010; Ord. No. 2011-04, § 500.13, 7-2-2011; Ord. No. 2021-10, § 4, 5-24-2021)

Sec. 109-106. - Appeals.

Appeals of this article shall be made as stipulated in section 109-42.

(Zoning Ord., § 500.14; Ord. No. 2009-23, § 500.14, 1-8-2010; Ord. No. 2011-04, § 500.14, 7-2-2011)