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Black Mountain City Zoning Code

CHAPTER 10

- OFF-STREET PARKING AND LOADING REGULATIONS

10.1.1 - Suitable areas required for parking vehicles.

A.

Areas suitable for parking automobiles in off-street locations shall be required in all zoning districts, except in the central business district (CB), at the time of initial construction of any principal building producing an increase in dwelling units, guest rooms, floor area, seating or bed capacity, or when a conversion in use occurs.

B.

The off-street parking areas shall have direct vehicular access to a street and shall be provided and maintained in accordance with the requirements set forth herein.

C.

Parking lots shall generally be located at the rear or at the side of buildings to the extent practicable and shall be screened from public rights-of-way and sidewalks by land forms, landscaping, fencing or evergreen vegetation so as to provide a barrier that will be at least three feet wide. Parking lots abutting residential zoning districts must be screened by an opaque fence or vegetative buffer of at least ten feet in width and a minimum of six feet in height of sufficient density to act as a screen as determined by the zoning administrator.

10.2.1 - Parking space area.

A.

For the purposes of this chapter, a standard car off-street parking space shall be no less than nine feet wide and 18 feet long.

B.

Two-way entrances or aisles to a parking lot with parking on both sides of the aisle shall be no less than 24 feet wide.

C.

Two-way entrances or aisles where parking is only provided on one side of the aisle shall be no less than 22 feet wide.

D.

One-way entrances or aisles where parking is only provided on one side of the aisle shall be no less than 14 feet wide.

E.

In all districts except for the central business district and the industrial districts, two-way entrances should be no greater than 24 feet wide, or 30 feet wide if used by trucks with more than two axels, in order to calm the speed of entering traffic and protect pedestrian safety. One-way entrances should be no less than 12 feet and no greater than 14 feet for one-way traffic.

F.

No parking space shall be closer than eight feet to the paved portion of any street or located on any street right-of-way.

G.

Parking areas shall be constructed with proper drainage and stormwater management practices and a well maintained traffic directional system.

H.

No grade within the parking area or access lanes shall exceed 14 percent.

10.3.1 - Parking surfaces.

A.

All vehicular parking areas in commercial and industrial districts and parking areas of more than four spaces in all other districts shall be constructed of a durable and dustless surface. This section shall not apply to parking areas at private dwellings in single and duplex dwelling structures or to areas where the use is strictly for display or parking of vehicles for sale.

B.

Any person may petition the town for a variance from parking surfaces in accordance with the procedures outlined in section 1.7.3.

C.

Terrain, configuration of the lot, and the anticipated amount of vehicle activity shall be considered in making this permitting decision.

D.

Use of permeable pavements or other surface technologies are welcome as long as they are maintained in good condition and function, and documentation is provided as to the maintenance program for the parking lot. Use of permeable surfaces may result in a reduction of stormwater SCMs in accordance with section 8.2.11.

10.4.1 - Location on other property and shared parking.

A.

If the required automobile parking space cannot reasonably be provided on the same lot with the principal use, the spaces may be provided on other off-street property under the same ownership or on other property rented or leased, provided such property lies within 300 feet walking distance of the main entrance to the principal use. The automobile parking spaces shall be associated with the principal use and shall not be reduced or encroached upon in any manner which would reduce the number of parking spaces below the required minimum.

B.

Shared parking.

1.

The zoning administrator may approve the joint use of up to 100 percent of the required parking spaces for two or more uses located on the same parcel or adjacent parcels, provided that the developer can demonstrate that the uses will not overlap in hours of operation or in demand for the shared spaces.

2.

Any sharing of required parking spaces located on different parcels shall be documented by written agreement between the owner of the parking area and the party seeking to use the shared parking area., and such agreement shall be recorded in the Office of the Register of Deeds for Buncombe County.

3.

The owner of said lot will relinquish his development rights over the property until such time as parking space is provided elsewhere or the shared parking agreement expires or is amended.

4.

Should the uses change such that the new uses overlap in hours of operation or increase demand for the shared spaces, the shared parking approval shall be amended accordingly or shall become void. Parking meeting the requirements of this chapter shall then be provided for each use.

10.5.1 - Use of public rights-of-way for maneuvering.

When determining parking area requirements for individual uses, portions of the public rights-of-way for streets may not be considered as permissible for maneuvering incidental to parking. Direct access to individual parking spaces from public rights-of-way shall not be allowed.

10.6.1 - Curb cuts and access points.

A.

All site plans shall be reviewed for "access management." Access management is the implementation of design intended to address organized and controlled traffic movement to minimize traffic conflict, provide efficient traffic flow, and to provide a more pedestrian-friendly development pattern. Access management should address the location and design of public street and driveway connections to the primary roadway, as well as promote site design that minimizes the total number of connections needed throughout the corridor.

B.

Points of ingress and egress shall be via openings in concrete, asphalt, rock or other curbing provisions, commonly referred to as curb cuts in accordance with the town driveway requirements and the approval of the N.C. Department of Transportation when involving a state road.

C.

Wherever feasible, access points to town or state roads shall be designed to provide shared access to parking lots by abutting properties, and shall be designed to channel traffic onto side streets, preferably those with traffic signalization, thereby reducing the number of curb cuts.

D.

In no case shall a curb cut or other access point be less than ten feet nor more than 30 feet in width. No more than two curb cuts per lot shall be permitted except in commercial or industrial districts where two shall be permitted on each street upon which the lot fronts or as allowed as part of a special use permit.

1.

The distance measured along the right-of-way line between the edges of adjacent access points shall be at least 25 feet.

2.

Unless the access point will be shared between two or more adjoining properties, all access points shall be located at least five feet from all property lines perpendicular to the street.

3.

The number, width and location of curb cuts shall be such as to minimize traffic and pedestrian hazards.

E.

No curb or other access point shall be located closer than:

1.

Twenty feet from the intersection point of the street's rights-of-way or property lines involved.

2.

Thirty feet from the access point to any street intersection.

F.

All curb-cuts and driveways that intersect sidewalks shall include pedestrian markings of zebra stripes, textured asphalt stamping such as streetprint, or brick pavers or other material that visually designate the pedestrian thoroughfare and connects to the sidewalk.

10.7.1 - Off-street parking space requirements.

Off-street parking spaces shall be provided for uses listed below as specified. Any use not specifically listed below shall be required to meet the off-street parking space requirements of that use which most closely resembles the proposed use in character and intensity, as determined by the zoning administrator. All parking requirements set forth by this subchapter include provisions for parking for handicapped individuals as stated by any state or federal regulations.

UseOff-Street Parking Requirements
Automobile service stations Two parking spaces for a grease rack or wash rack and one space for each gas pump.
Banks, savings and loans, credit unions and business and professional offices One space for each 300 square feet gross floor space plus one space for each two employees and loading spaces.
Convenience rental and retail stores One space for each 300 square feet gross floor space plus one space for each two employees and loading spaces.
Cultural and community facilities One space per 200 square feet gross floor space.
Doctor and dentist offices Six spaces per doctor and dentist plus one space for each employee and loading spaces.
Golf courses Four spaces per hole in addition to parking required for any related activities such as restaurants.
Educational facilities—Primary, elementary or junior high school One space for each employee and one space for each 400 square feet of area for public assembly and loading spaces. See also requirements for religious complexes.
Educational facilities—Senior high school or college Two spaces for each classroom and administrative office plus one space for each employee and sufficient space for parking school vehicles and loading spaces. See also requirements for religious complexes.
Group care facility or hospital One space for each four patient beds, plus one space for each staff or visiting doctor, plus one space for each three employees.
Hotels, motels, bed and breakfast homes and inns One space for each guest room plus one space for each two employees.
Industrial district (for uses not otherwise specified) One space for each employee at maximum employment on a single shift, plus one space for each company vehicle operating from the premises, plus one space for each 200 square feet of sales and office area, and loading spaces.
Mobile home park Refer to § 7.7.1 [appendix A] for mobile home park requirements.
Mortuary or funeral home One space for each two seats in the assembly room or chapel.
Newspaper publishing plant One space for each two employees at maximum employment, plus sufficient space for parking vehicles, plus one space for each 200 square feet of sales and service area, plus loading spaces.
Nursery school One space for each employee and each school vehicle, plus one space for every five children.
Places of public assembly (including private clubs and uses, auditoriums, dance halls, theaters, stadiums, amusement parks and similar places of public assembly) One space for each four seats provided for patron use plus one space for each 100 square feet of floor or ground area used for amusement or assembly but not containing fixed seats.
Rooming and boarding house One space for each guest room.
Recreation areas—Ball fields One space for each four seats in the stands.
Recreation areas—Tennis courts Two spaces per court.
Religious complex One space for each three seats in the principal assembly room (one-half of such parking may be available for another use which is closed on Sunday morning).
Residential Two spaces per dwelling unit.
Restaurant One space for each four seats (booths and tables included), plus one space for each employee working the shift of greatest employment.
Service and repair establishments One space for each 300 square feet of floor space plus one space for each two employees and loading spaces.
Unified business developments The development as a whole shall have sufficient parking spaces, the sum total of which shall satisfy the requirements of this subchapter for each and every establishment located within the development.

 

10.8.1 - Reductions in parking requirements.

Parking requirements may be decreased according to one or more of the following criteria:

A.

Two to four parking spaces may be waived in exchange for the preservation of one established tree of 24 inches diameter or greater within a parking lot and including the "tree protection zone," up to 20 spaces in exchange for established trees per acre of a site and depending on use requirements. The "tree protection zone" is a minimum area equal to the area of a circle having a radius in feet equal to the tree diameter in inches (24-inch diameter of tree would require a 24-foot radius area). A tree protection zone must be incorporated into the site plan and preserved throughout construction. This area may serve more than one tree as long as the protection zone is adequately designated and maintained. These protected areas for larger trees can count toward the landscaping and parking lot island requirement of this chapter.

B.

A developer may choose the option of replacing one automobile space with four bicycle parking spaces, (or two spaces for eight bicycle parking spots, or three for 12) up to a maximum of 16 bicycle parking spaces in place of four automobile spaces.

C.

A developer may share parking through a joint-use agreement with another business or entity or group of businesses/entities based on a negotiated joint-use agreement among businesses and the projected combined parking needs of the businesses involved per section 10.4.

10.9.1 - Off-street loading.

A.

Every lot on which a retail or wholesale business, trade, industry or multi-family housing is hereafter established, shall provide space indicated herein for the loading and unloading of vehicles off of the street. 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 and be clear and free of obstruction at all times. However, the minimum loading requirements shall meet the needs of each individual case. Required space shall be considered as follows.

1.

Retail businesses. One space per business location or as approved as part of a special use permit.

2.

Wholesale, industrial, governmental and institutional uses (including public assembly places, hospitals, and educational institutions) shall provide adequate off-street loading spaces as approved as part of a special use permit, or shall provide one space for the first 25,000 square feet and follow the loading space schedule below:

25,000—99,999 2
100,000—159,000 3
160,000—239,999 4
240,000—349,999 5
Additional 100,000 or
fraction thereof
1 (additional)

 

3.

Multi-family dwellings shall have one loading space for ten or more units.

B.

Where a loading space is adjacent to a public sidewalk or other public pedestrian way, it shall be so located, arranged, and improved with curbs or other barriers, as to provide adequate protection for pedestrians.

C.

Maneuvering areas. All off-street loading spaces must be provided with adequate off-street maneuvering areas so that vehicles do not obstruct traffic during maneuvering.

10.10.1 - Parking and loading in mixed-use districts.

A.

Parking for non-residential buildings shall be:

1.

In compliance with the required amount of parking spaces for the proposed use as outlined in, but in no case more than 12 percent of total lot area or more than 20 spaces for any lot in the mixed use zoning, whichever results in fewer total parking spaces. Such spaces shall comply with specific parking space size requirements as outlined in subsection C.3. below.

2.

Limited to the side and rear yard.

3.

Required to have accessible handicapped parking spaces built according to the North Carolina Accessibility Code.

B.

Parking for residential, including multifamily, buildings shall provide two spaces per residential unit unless as otherwise provided as part of a special use permit.

C.

Other—Residential and non-residential.

1.

On-street parking shall not be used to accommodate required parking unless specifically allowed by a special use permit or unless within the central business district.

2.

Parking spaces shall be required to have sufficient area for maneuverability such that all spaces are accessible when all required spaces are full.

D.

All loading shall be done off street. Exceptions for moving vehicles and other one-time or infrequent (less than once a month) use shall be allowed.