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Brooklyn City Zoning Code

CHAPTER 1106

Off-Street Parking and Loading

1106.01 PURPOSE.

   The purpose of this chapter is to:
   (a)   Protect residential neighborhoods from on-street parking;
   (b)   Promote the general convenience, welfare, and prosperity of commercial developments;
   (c)   Relieve congestion so that streets can be utilized more fully for movement of vehicular traffic.
      (Ord. 2022-34. Passed 1-9-23.)

1106.02 APPLICABILITY.

   All vehicular use areas (that is, off-street parking spaces, loadings spaces, driveways, and access roads) shall be provided in conformance with the provisions of this chapter prior to occupying and building, structure, land, or portion thereof consistent with the following:
   (a)   New Uses and Buildings. The requirements of this chapter shall apply to all buildings or uses constructed or established after the effective date of this Code.
   (b)   Existing Uses and Buildings. Whenever an existing building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise to create a need for an increase in parking, the applicant shall provide a parking plan per Section 1106.03 that identifies the additional parking spaces required based on the expansion.
      (Ord. 2022-34. Passed 1-9-23.)

1106.03 PARKING PLAN.

   (a)   A parking plan shall be required for all uses, except for single-family dwellings and two- family dwellings. The parking plan shall be submitted to the City for review as part of the site plan application.
   (b)   The parking plan shall provide the following:
      (1)   The boundaries of the property;
      (2)   The number and location of parking spaces;
       (3)   Arrangement of parking aisles;
      (4)   Location of driveway entrances;
      (5)   Provisions for vehicular and pedestrian circulation;
      (6)   Location of sidewalks, curbs, lighting, and other similar site amenities;
      (7)   Location of utilities, infrastructure, and signs;
      (8)   Location of landscaped areas including the location of vegetation to be planted as required per Section 1107.08; and
      (9)   Any other relevant information requested by the Building Department.
         (Ord. 2022-34. Passed 1-9-23.)

1106.04 DETERMINATION OF REQUIRED OFF-STREET PARKING SPACES.

   In computing the number or parking spaces required by this Zoning Code, the following rules shall apply:
   (a)   Where floor area is designated as the standard for determining parking space requirements, floor area shall be the sum of the gross horizontal area of all the floors measured from the exterior faces of the building. Any floor or part thereof used for storage or packaging of merchandise, not to exceed twenty percent (20%) of the total floor area, may be excluded.
   (b)   Where seating capacity is the standard for determining parking space requirements, the capacity shall mean the number of seating units installed or indicated, or when fixed seats are not indicated, the capacity shall be determined as being one (1) seat for each twenty (20) square feet of floor area of the assembly room.
   (c)   Where employees are the standard for determining parking space requirements, employees shall mean the maximum number of employees on any two (2) successive shifts.
   (d)   Fractional numbers shall be rounded up to the next whole number.
   (e)   The parking spaces required for mixed uses shall be the sum of the parking required for each use considered separately.
      (Ord. 2022-34. Passed 1-9-23.)
 

1106.05 OFF-STREET PARKING REQUIREMENTS.

   (a)   Location Requirements. The location of off-street parking spaces shall be regulated by the following:
      (1)   The parking spaces required for residential buildings in a Residential District shall be located on the same lot with the building or use served.
      (2)   The parking spaces required for any other building or use may be located on another permissible area within 300 feet of the building and two (2) or more owners of the buildings may join together in providing the required parking spaces. Where the required parking spaces are not located on the same lot with the building or use served, the usage of the lot or tract upon which the parking spaces are provided shall be restricted by an instrument of record describing the premises for which the parking is provided and assuring the retention of such parking so long as required by this Zoning Code.
      (3)   Motor vehicles are not permitted to park or be in a landscaped front yard.
   (b)   Required Number of Parking Spaces. The required number of off-street parking spaces for each facility or use shall be determined per Table 1106.05-1: Required Number of Parking Spaces. For a use not specified, the Planning Commission shall apply the standard for a specified use which the Commission determines to be most similar to the proposed use.
TABLE 1106.05-1: REQUIRED NUMBER OF PARKING SPACES
Principal Building or Use
Minimum Spaces Required (unless specified otherwise)
Residential Uses
Dwelling, Single-Family Detached
2 spaces per dwelling - both spaces shall be located in an enclosed garage
Dwelling, Single-Family Attached
2 spaces per dwelling unit - one space per dwelling unit shall be located in an enclosed garage
Dwelling, Two-Family
2 spaces per dwelling unit - one space per dwelling unit shall be located in an enclosed garage
Dwelling, Multifamily
2 spaces per dwelling unit
Dwelling, Live/Work
2 spaces per dwelling unit
Residential Facility
1 space per every 2 beds
Residential Treatment Facility
1 space per every 2 beds
Public or Institutional Uses
Cemetery
N/A
Education Facility, Pre-K,
Elementary, and Junior High
2 spaces per classroom
Education Facility, high school
10 spaces per classroom
College, University or Trade School
10 spaces per classroom
Governmental Facility
1 space per 500 sq. ft. of floor area
Library
1 space per 500 sq. ft. of floor area
Museum
1 space per 300 sq. ft. of floor area
Public Parks or Playground
N/A
Religious Facility
1 space per 4 seats
Transit Center
As determined by the building commissioner based on the site plan
Utility Substation
N/A
Principal Building or Use
Minimum Spaces Required (unless specified otherwise)
Commercial Uses
Adult Entertainment Establishment
1 space per 400 sq. ft. of floor area
Animal Training, Boarding, Pet Day
Care
1 space per 500 sq. ft. of floor area + 1 space per employee on the largest shift
Art Gallery or Studio
1 space per 400 sq. ft. of floor area
Assisted Living Facility and Skilled
Nursing Care
1 space per 500 sq. ft. of floor area + 1 space per employee on the largest shift
Automotive Fueling or Charging
Station
1 space per 500 sq. ft. of floor area + 1 space per employee on the largest shift
Automotive Repair Facility
4 spaces per bay + 1 space per employee on the largest shift
Automotive Sale or Leasing
2 spaces per employee on the largest shift + dedicated inventory parking
Automotive Washing Facility
1 space per employee on the largest shift
Bar and Tavern
1 space per 50 sq. ft. of floor area or 1 space per 3 seats, whichever is greater
Bed and Breakfast
1 space per bedroom + 2 spaces for the owners of the residence
Brewery, Distillery, Winery, Cidery
1 space per 50 sq. ft. of floor area or 1 space per 3 seats, whichever is greater
Check Cashing, Short Term Loan
1 space per 400 sq. ft. of floor area
Conference or Convention Center
1 space per 3 persons based on the maximum occupant limit
Construction and Large Equipment
Rental, Sale, or Service
1 space per employee on the greatest shift
Convenience Store
1 space per 150 sq. ft. of floor area
Day Care
1 space per 500 sq. ft. of floor area + 1 space per employee on the greatest shift
Financial Establishment
1 space per 400 sq. ft. of floor area
Fireworks Retailer
1 space per 400 sq. ft. of floor area
Fitness Center and Studio
1 space per 200 sq. ft. of floor area
Principal Building or Use
Minimum Spaces Required (unless specified otherwise)
Food and Beverage, counter service, or fast food
1 space per 50 sq. ft. of floor area or 1 space per 3 seats, whichever is greater
Food and Beverage, table service
1 space per 100 sq. ft. of floor area or 1 space per 4 seats, whichever is greater
Funeral Home and End of Life Services
1 space per 4 seats
Home, Business Improvement Service
1 space per 200 sq. ft. of floor area
Hospital
1 space per 4 beds + 1 space per employee on largest shift
Hotel, Motel
1 space per guest room + 1 space per employee on largest shift
Landscaping Business and Retail
1 space per 300 sq. ft. of retail space + 1 space per employee on largest shift
Mixed Use
The applicable parking regulations for the uses contained within the mixed use development, as dictated by this table
Night Club and Live Music Venue
1 space per 100 sq. ft. of floor area
Medical Clinic, Urgent Care
1 space per 200 sq. ft. of floor area
Office
1 space per 400 sq. ft. of floor area
Personal Service
1 space per 400 sq. ft. of floor area
Private Club, Lodge
1 space per 400 sq. ft. of floor area
Radio, Television Studio
1 space per employee on largest shift
Recreation or Entertainment Facility, bowling alley
1 space per lane + 1 space per employee on largest shift
Recreation or Entertainment Facility, sports courts
2 spaces per sports court
Recreation or Entertainment Facility, all others
1 space per 200 sq. ft. of floor area
Retail Sales, Small-Scale
1 space per 300 sq. ft. of floor area
Retail Sales, Large-Scale
1 space per 450 sq. ft. of floor area
Self-Storage Facility
2 spaces + 1 space per employee on largest shift
Showroom
1 space per 500 sq. ft. of floor area
Small-Format Discount Store
1 space per 300 sq. ft. of floor area
Principal Building or Use
Minimum Spaces Required (unless specified otherwise)
Stone or Monument Work
1 space per employee on largest shift
Theater
1 space per 4 seats
Vape, Tobacco, CBD Sales
1 space per 400 sq. ft. of floor area.
Veterinarian Office and Animal Hospital
1 space per treatment room + 1 space per employee on largest shift
Wireless and Cellular Telecommunication Facilities
N/A
Wholesale Facility
1 space per employee on largest shift
Industrial Uses
Food Production or Processing
1 space per employee on largest shift
Fulfillment and Distribution Center
1 space per employee on largest shift
Laboratory
1 space per employee on largest shift
Manufacturing, Artisan
1 space per employee on largest shift
Manufacturing, Heavy
1 space per employee on largest shift
Manufacturing, Light
1 space per employee on largest shift
Processing, Storage, or Production of Hazardous Materials, Liquids, or Gases
1 space per employee on largest shift
Research and Development Facility
1 space per employee on largest shift
Solar Farm
N/A
Truck Terminal
1 space per employee on largest shift
Warehousing
1 space per employee on largest shift
   (c)   Parking Requirements for the Disabled. Applicants shall provide parking spaces for the disabled as required by the Ohio Basic Building Code and shall include all necessary markings, striping, and signage.
   (d)   Bicycle Parking.
      (1)   All non-residential and multifamily uses shall provide bicycle racks or other accommodations to allow for the storage of bicycles within fifty (50) feet of a pedestrian entrance into the building. The Building Commissioner may grant a waiver of this requirement if the applicant can provide adequate justification of why this standard is not appliable for a specific site or development.
      (2)   The location of bicycling racks should not obstruct access to building entrances or vehicular use areas.
   (e)   Parking of Commercial-Scale Vehicles.
      (1)   No person shall stand, store, or park any vehicle or trailer on any private property that has been zoned for residential use, except for the minimum time period that may be required in the usual course of business for making a delivery, that meets any of the following:
         A.   The vehicle is in excess of 8,500 pounds net weight;
         B.   The vehicle is in excess of eight (8) feet in overall vehicle height, including any rooftop accessories; and
         C.   The vehicle is in excess of twenty (20) feet in overall vehicle length.
      (2)   No person shall store or park any vehicle or trailer in excess of 6,000 pounds net weight on any private property that has been zoned for residential use, except if the vehicle is parked on a paved parking surface in the side or rear yard or in an enclosed garage.
      (3)   If a variance is requested to any provisions of this section, in addition to all other powers and duties it possesses, the Board of Zoning Appeals may place further restrictions on the areas of residential property on or within which such vehicles may stand, be stored, or parked.
   (f)   Parking of Motor Vehicles to be Serviced. The parking of licensed motor vehicles to be serviced at an automotive repair facility, or to be retrieved by vehicles' owners after being serviced, when such vehicles are parked on the same lot as the automotive repair facility shall conform to the following:
      (1)   A licensed motor vehicle to be serviced or which has been serviced at an automotive repair facility shall be parked on the lot of such facility for a period not to exceed forty-eight (48) hours.
      (2)   Motor vehicles to be serviced or which have been serviced at an automotive repair facility shall only be parked in locations approved on the site plan.
         (Ord. 2023-34. Passed 1-9-23.)
 

1106.06 MODIFICATION OF REQUIREMENTS.

   (a)   Providing Fewer Parking Spaces Than Required. The Planning Commission may approve a reduction in the number of required spaces up to fifty percent (50%) as part of the site plan review. The applicant shall provide justification for the reduction based on the parking demand of the proposed use, number of typical patrons or employees, shared parking, off-street parking, alternative transportation, or other similar reason. As part of the approval, the Planning Commission may require the applicant to reserve land on the subject property to be reserved for a future parking area. If an applicant requests a reduction of more than fifty percent (50%) of the required number of parking spaces, that request will be subject to the decision of the Board of Zoning Appeals.
   (b)   Allowance for Shared Parking. Land uses that are located next to each other, whether within the same lot or on adjacent lots, and which are not normally open, used, or operated during the same hours, may enter an agreement to share parking facilities, provided not more than fifty percent (50%) of the required parking spaces are shared. In any case where the required parking spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned and filed with the application for a building permit.
   (c)   Multiple and Mixed Use Developments. In a multiple use or mixed use development, the planning commission may approve a lesser number of parking spaces than specified in Table 1106.05-1: Required Number of Parking Spaces. The Planning Commission shall determine if the application of the standards will result in an excessive number of parking spaces and that a lesser number of spaces, by virtue of overlapping occupancy, different hours of operation, varying peak demand, is appropriate and consistent with the regulations within this chapter.
   (d)   Excessive Parking Area Requested. The Planning Commission may restrict the amount of parking spaces and size of the parking area when the amount of parking exceeds the minimum requirement per Table 1106.05-1: Required Number of Parking Spaces for a particular use and the Commission determines the amount of parking is excessive. The Planning Commission may permit additional parking to be developed at a future time when the applicant can demonstrate the need for additional parking.
 
   (e)   Phasing Plan for Parking Construction. The applicant may request to phase the construction of the required number of parking spaces. The phasing plan must be submitted to Planning Commission as part of the site plan review process. The phasing plan shall include the location and layout of the required parking spaces with a clear indication of each proposed phase of construction. (Ord. 2022-34. Passed 1-9-23.)

1106.07 PARKING FACILITY DESIGN.

   (a)   Parking Space and Aisle Size and Dimensions. The minimum width for a circulation aisle and each off-street parking space, open or enclosed, shall conform with the following regulations.
TABLE 1106.07-1: PARKING SPACE AND AISLE DIMENSIONS
 
Parking Orientation
One-Way
Aisle Width
Two-Way
Aisle Width
Space
Width
Length of
Space
Parallel Space
12 feet
20 feet
9 feet
21 feet
45 degrees
13 feet
20 feet
9 feet
20 feet
60 degrees
18 feet
22 feet
9 feet
20 feet
90 degrees
22 feet
24 feet
9 feet
20 feet
   (b)   Surfacing. All required parking spaces, loading areas, driveways, access drives, circulation areas, and any other vehicular use areas, shall be surfaced either with concrete or asphalt, or any other surface that is approved by the City Engineer. This applies to all residential driveways, alleys, and access drives as well.
   (c)   Drainage. All required spaces, together with driveways and other circulation aisles, shall have adequate provision for underdrainage and for the disposal of storm water, so that water flow shall not flow onto adjoining property or adjacent sidewalks in a quantity or manner that would be detrimental thereto, or inconvenient to persons using the sidewalk.
   (d)   Curbs.
      (1)   A curb, at least four (4) inches in height, shall be installed and maintained along the perimeter of a parking or loading area in accordance with the following:
         A.   When abutting a landscaped area;
         B.   When located in a front yard; or
          C.   When a commercial or public parking lot is located adjacent to a residential zoning district or use.
      (2)   The City Engineer may waive curbing requirements in certain areas for the purpose of drainage.
      (3)   Parking blocks shall not be used in place of curbing requirements. Additionally, parking blocks located next to each other does not meet the curbing requirements of this section.
   (e)   Markings. The location of each parking space, and the location and direction of movement along the driveways providing access thereto, shall be indicated upon the surface by raised directional signs or by markers or other similar measures placed in or on the surfacing.
   (f)   Landscaping and Screening. Landscaping within and screening of parking areas shall be provided in accordance with Section 1107.08.
   (g)   Lighting. Parking lot landscaping shall conform with the lighting regulations set forth in chapter 0.
   (h)   Stacking Spaces.
      (1)   Applicability. Establishments which by their nature create lines of customer waiting to be served within automobiles shall provide stacking spaces that are on the same lot as the use, in addition to the required number of parking spaces per Table 1106.05-1: Required Number of Parking Spaces. The required stacking spaces shall not extend into or be within the public right-of-way, access drives, or circulation areas. Stacking spaces shall meet the following requirements set forth in the following table.
TABLE 1106.07-2: STACKING SPACE REQUIREMENTS
Activity
Minimum Number of
Required Stacking Spaces
Measured from
Food and beverage use with drive-through or pick-up window
12 for a single lane
6 per lane for 2 or more lanes
Pick-up window
Financial institutions or ATM
6
Teller, window or ATM
Automotive fueling facility
2 per fuel pump
Pump Island
Pharmacy
5 for a single lane
3 per land for 2 or more lanes
Pick-up window
Automotive Washing Facility, automatic
6 per lane
Outside of washing bay
Automotive washing facility, self-service
4 per lane
Outside of washing bay
Other
As determined by the Building Commissioner
      (2)   Dimensions. Each stacking space shall have an area not less than 160 square feet (measured eight (8) feet by twenty-two (22) feet) exclusive of access drives and parking aisles.
      (3)   Modifications. The Planning Commission may require additional stacking spaces than specified in this section for uses that have extremely high-demand use periods that cause long waiting lines, such as fast food restaurants or drive- through coffee shops. In such cases, the Building Commissioner shall work with the applicant to ensure that the site plan can accommodate the anticipated intensity of demand and forward a recommendation to the Planning Commission.
   (i)   Delivery Vehicles. Vehicles that are used by a business for deliveries, or for similar purposes, which have commercial identification on them, shall be parked or stored at the rear of the building, when feasible. When based on the size or orientation of a lot, parking of such vehicles in the rear is not feasible, then such vehicles shall be parked in a designated location as identified on the site plan.
   (j)   Parking Structures. Above-ground parking structures shall comply with the following standards:
      (1)   Parking structures shall meet the minimum setback requirements for the principal structure in the district where they are located, and when possible, shall be located at the rear of the building.
      (2)   Parking structures shall be designed to architecturally screen the view of parked cars and shall be visually similar in character and scale to adjacent buildings, as applicable.
      (3)   Vehicle entries to parking structures shall be integrated into the placement and design of adjacent buildings or oriented away from the primary street frontage.
      (4)   One-half (½) of the area occupied by supporting columns may be included in determining the width and area of each parking space. The minimum height of each parking space shall be seven feet.
   (k)   Electric Vehicle Charing Stations. Electric vehicle (EV) charging stations are subject to the following:
      (1)   Level 1 and Level 2 EV charging stations are allowed as an accessory use to any permitted principal use in any district. Level 3 EV charging stations are allowed as an accessory use to any multifamily residential use or any non-residential use.
      (2)   The location of such spaces shall be approved on a site plan or by the Building Commissioner when a site plan is not required.
      (3)   Up to ten percent (10%) of the required number of off-street parking spaces may be used and designated for EV charging stations. If the applicant wants to designate more than ten percent (10%) of the required number of off-street parking spaces, such request shall be approved by Planning Commission. The applicant shall justify why the number of EV charging stations are needed and that the remaining off-street parking spaces are adequate to accommodate the use's typical parking demand.
      (4)   EV charging station spaces shall be reserved and designated for the charging of electric vehicles only. Information regarding amperage and voltage levels, time limits, cost, tow-away provisions, and contact information must be posted at the spaces.
      (5)   EV charging station spaces may be located in any yard.
      (6)   EV charging stations shall not interfere with vehicle, bicycle, or pedestrian access and circulation, or with required landscaping.
         (Ord. 2022-34. Passed 1-9-23.)

1106.08 OFF-STREET LOADING REQUIREMENTS.

   (a)   Number of Required Loading Spaces. Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other use similarly involving the receipt or distribution by vehicles of materials or merchandise, shall provide and maintain on the same premises loading spaces in accordance with the following table.
 
TABLE 1106.08-1: LOADING SPACE REQUIREMENTS
 
Gross Floor Area of Principal Building
Number of Required
Loading Spaces
0-10,000 square feet
0
10,001 square feet - 50,000 square feet
1
50,001 square feet - 100,000 square feet
2
100,001 square feet - 200,000 square feet
3
Each additional 100,000 square feet
1
0-10,000 square feet
0
   (b)   Dimensions. Each loading space shall be at least ten (10) feet wide and twenty-five (25) feet in length and shall have a height clearance of fourteen (14) feet.
   (c)   Location.
      (1)   All required loading spaces shall be located on the same lot as the use served.
      (2)   Streets, sidewalks, alleys, or other public right-of-way or other public property shall not be used for loading purposes, nor shall vehicles be loaded or parked on such areas during loading and unloading.
      (3)   No part of any required yard, off-street parking area, access drive, or circulation lane, shall be used for loading or unloading purposes.
   (d)   Modifications. The Planning Commission may waive or modify the parking requirements contained here if the applicant can justify that the required loading spaces are not required based on the proposed use of the structure, or if based on the lot size and orientation they are not feasible, or other similar reason.
(Ord. 2022-34. Passed 1-9-23.)
 

1106.09 ACCESS DRIVES.

   Each parking space and loading space shall be provided access in accordance with the following:
   (a)   Lots having 250 feet or less of public street frontage shall be permitted one (1) two (2)-way access drive or pair of one (1)-way drives.
   (b)   Lots having more than 250 feet of public street frontage shall be permitted one (1) additional two (2) way access drive or pair of one (1) way drives for each additional 250 feet of frontage or fraction thereof. The minimum spacing shall be determined by the layout of the project, subject to site plan review and approval by the City Engineer.
   (c)   Entrances and exits shall be located to minimize traffic congestion and avoid undue interference with pedestrian access to street corners provided that access drives on corner lots shall be located as far from the street intersection as practical, and no access drive shall be located within fifty (50) feet of street intersections as measured from the right-of-way line.
   (d)   Access drives shall not be less than twelve (12) feet or more than thirty-six (36) feet in width at the property line, unless specifically approved by the City Engineer.
   (e)   There shall be no commercial or industrial access drive within sixty (60) feet of any residential district or any public or private school, church, or playground, except where another road intervenes.
      (Ord. 2022-34. Passed 1-9-23.)

1106.10 MAINTENANCE.

   Off-street parking and loading facilities including entrances, exits, maneuvering areas, waiting areas, and parking and loading spaces shall be maintained in accordance with the following standards and specifications.
   (a)   A parking lot or garage shall be maintained in a manner to keep it as free as practicable from dust, paper, debris, and other loose particles; and snow and ice shall be promptly removed by the operator.
   (b)   All adjacent sidewalks shall be kept free from dirt, ice, sleet, and snow and in a safe condition for use by pedestrians.
    (c)   All signs, markers or any other methods used to indicate direction of traffic movement and location of parking spaces shall be maintained in a neat and legible condition.
   (d)   Any walls, trees, and shrubbery, as well as surfacing of the parking lot or garage, shall be maintained in good condition throughout its use for parking purposes.
   (e)   All exposed concrete walls shall be painted or finished.
   (f)   The duty to provide and maintain all parking, loading, or other vehicular use areas shall be the responsibility of the property owner where the vehicular use areas are required. (Ord. 2022-34. Passed 1-9-23.)