The regulation of off-street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public, by establishing minimum requirements for off-street parking of motor vehicles in accordance with the utilization of various parcels of land or structures.

(Code 1985, § 11.19(1))

The regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts of the city.

(Code 1985, § 11.19(2))

All applications for a building or an occupancy permit in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off- street parking and loading spaces in compliance with the requirements set forth in this section. All site plans for single-family homes must provide for location and construction of a two-stall garage. As noted elsewhere in this chapter, garage location that will accommodate a three-stall garage is encouraged on single-family parcels. See figure of off-street parking and loading spaces below:

Off-Street Parking and Loading Spaces

Figure 12. Off-Street Parking and Loading Spaces

(Code 1985, § 11.19(3))

(a)

Floor area. Floor area, for the purpose of calculating the number of off-street parking spaces required, shall be determined on the basis of the exterior floor area dimensions of the buildings, structure or use times the number of floors, minus ten percent, except as may hereinafter be provided or modified. In the alternative, the parking demand may be calculated based on the net usable space without a ten percent reduction, excluding mechanical rooms, stairwells, and restrooms. The city may apply whichever calculation appears to be most applicable to the use and building in question.

(b)

Reduction of existing off-street parking space or lot area. Off-street parking spaces and loading spaces or lot area existing upon the effective date of the ordinance from which this section is derived shall not be reduced in number or size unless the number or size exceeds the requirements set forth herein for a similar new use.

(c)

Nonconforming structures. Should a nonconforming structure or use be damaged or destroyed by fire, it may be re-established if elsewhere permitted in these zoning regulations, except that in doing so, any off-street parking or loading space which existed before shall be retained.

(d)

Change of use or occupancy of land. No change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall be made, nor shall any sale of land, division or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations.

(e)

Change of use or occupancy of buildings. Any change of use or occupancy of any building or buildings including additions thereto requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations.

(f)

On- and off-street parking. On and off-street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles; no more than one truck not to exceed gross capacity of 12,000 pounds; and recreational vehicles and related trailers on which such vehicles are kept. Under no circumstances shall outdoor parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants or customers of business or manufacturing establishments, except that a resident of the property may park one company vehicle in a legal parking space that is in compliance with the requirements of this subsection, and which the resident utilizes as a personal vehicle.

(g)

Calculating space.

(1)

When determining the number of off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space.

(2)

In stadiums, sports arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 22 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements.

(3)

Except as provided for under joint parking and shopping centers, should a structure contain two or more types of use, each use shall be calculated separately for determining the total off-street parking spaces required.

(h)

Stall, aisle and driveway design.

(1)

Parking space size. Except for parking spaces for the physically disabled, each parking space shall be not less than eight and one-half feet wide and 20 feet in length exclusive of access aisles, and each space shall be served adequately by access aisles.

(2)

Within structures. The off-street parking requirements may be furnished by providing a space so designed within the principal building or one structure attached thereto; however, unless provisions are made, no building permit shall be issued to convert the parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this chapter.

a.

Garages shall be constructed to be no less than 21 feet in interior width, and no less than 450 square feet of interior floor area.

b.

Single-family, two-family, townhouse, and quadrominium dwellings shall be constructed with at least two garage spaces.

(3)

Except in the case of single-family, two-family, townhouse and quadrominium dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single-family, two-family, townhouse and quadrominium dwellings, parking area design which requires backing into the public street is prohibited.

(4)

The required parking spaces serving single-family dwellings in the R-2 and R-3 districts may be designed for parking not more than two vehicles in a tandem arrangement for each dwelling unit in order to comply with the requirements of this chapter.

(5)

No curb cut access shall be located less than 40 feet from the intersection of two or more street rights-of-way. This distance shall be measured from the intersection of lot lines.

(6)

Except in the case of single-family, two-family, townhouse and quadrominium dwellings, parking areas and their aisles shall be developed in compliance with the standards on the parking lot dimensions table.

(7)

No curb cut access shall exceed 28 feet in width unless approved by the city engineer.

(8)

Except with special approval from the zoning administrator, curb cut openings shall be a minimum of five feet from the side yard property line in all districts.

(9)

Driveway access curb openings on a public street except for single-family, two-family, quadrominium and townhouse dwellings shall not be located less than 40 feet from one another.

(10)

The grade elevation of any parking or driveway area shall not exceed ten percent.

(11)

Each property shall be allowed one curb cut access for each 125 feet of street frontage. All property shall be entitled to at least one curb cut. Single-family uses shall be limited to one curb cut access per property unless a conditional use permit is reviewed by the planning commission and approved by the council.

(12)

Surfacing. All areas intended to be utilized for parking space and driveways shall be surfaced with asphalt, concrete or pavers. Plans for surfacing and drainage of driveways and stalls for five or more vehicles shall be submitted to the city engineer for his review and the final drainage plan shall be subject to his written approval.

(13)

Striping. Except for single, two-family, townhouse and quadrominiums, all parking stalls shall be marked with white or yellow painted lines not less than four inches wide.

(14)

Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to be in compliance with section 50-360.

(15)

Curbing and landscaping. Except for single-family, two-family, townhouse and quadrominiums, all open, off-street parking shall have a perimeter curb barrier around the entire parking lot and circulation area; the curb barrier shall not be closer than five feet to any lot line. Grass, plantings or screening shall be provided in all areas bordering the parking area.

(16)

Required screening. All open, nonresidential, off-street parking areas of five or more spaces shall be screened and landscaped from abutting or surrounding residential districts in compliance with sections 50-358 and 50-359.

(17)

Adequate space for snow storage shall be provided on the site so as not to reduce the required minimum number of parking spaces.

(18)

Shared access to a parcel shall be discouraged. If allowed through an administrative review by the zoning administrator, an agreement dictating the terms of the shared access with a neighboring parcel shall be executed and recorded against the properties.

(Code 1985, § 11.19(4); Ord. No. 2023-13, § 1, 12-28-2023)

It shall be the joint and several responsibility of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping and required fences.

(Code 1985, § 11.19(5))

All accessory off-street parking facilities as required by this chapter shall be located and restricted as follows:

(1)

Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served, except under the provisions of sections 50-265 and 50-266.

(2)

Except for single-family, two-family, townhouse and quadraminium dwellings, head-in parking, directly off of and adjacent to a public street, with each stall having its own direct access to the public street, shall be prohibited.

(3)

There shall not be any off-street parking within 15 feet of any street surface.

(4)

The boulevard portion of the street right-of-way shall not be used for parking.

(5)

Setback area. Except as provided in subsection (6) of this section, required accessory off-street parking shall not be provided in required front yards or in required side yards in the case of a corner lot, in A-1, R-1, R-2, R-3 and R-4 districts.

(6)

In the case of single-family, two-family, townhouse and quadraminium dwellings, parking shall be prohibited in any portion of the required front yard except designated driveways leading directly into a garage, or one open, surfaced space located on the side of a driveway, away from the principal use. The extra space shall be surfaced with concrete or bituminous material.

(Code 1985, § 11.19(6))

Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles as regulated by section 50-366, or storage of snow.

(Code 1985, § 11.19(7))

Except for parking areas with direct access to a street, at least one parking space for physically disabled persons shall be provided for each development with a parking area of up to 25 spaces. Additional space shall be provided in accordance with the ADA Standards for Accessible Design. Spaces for the physically disabled shall be at minimum eight feet by 20 feet, adjacent to an access place at least eight feet by 20 feet, and shall be located so as to provide convenient, priority access to the principal use.

(Code 1985, § 11.19(8))

(a)

Generally. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement or lease for and during the life of the respective uses hereinafter set forth:

(1)

Single-family, two-family, townhouse and quadraminium units. Two spaces enclosed within a garage building per unit, plus no fewer than one additional unenclosed space per three units in any attached housing development open to visitors. This requirement may be increased by the council to an appropriate level in those instances where occupancy and resulting demand is expected to exceed the two-space minimum.

(2)

Multiple family dwellings.

a.

Non age-restricted buildings. At least 1.2 rent free spaces per bedroom.

b.

Age-restricted (senior) independent living buildings: At least two rent free spaces per three bedrooms, with additional proof of parking totaling one space per dwelling unit.

c.

Age-restricted (senior) with services (assisted living buildings): At least two rent free spaces per three bedrooms, with additional proof of parking totaling one space per dwelling unit.

(3)

Motels, motor hotels, hotels. One space per each rental unit plus one space for each ten units.

(4)

School, elementary and junior high. At least one parking space for each classroom plus one additional space for each 50-student capacity. Such school shall provide additional parking for public assembly as identified in this section.

(5)

Schools, high school through college, private, and day or church schools. At least one parking space for each two students based on design capacity plus one for each classroom.

(6)

Places of public assembly, specifically churches and other religious institutions, theatre, auditorium. At least one parking space for each 2.5 seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses may be subject to additional requirements which are imposed by this chapter.

(7)

Private athletic stadiums. At least one parking space for each eight seats of design capacity.

(8)

Community centers, health studios, libraries, private clubs, lodges, museums, art galleries. Ten spaces plus one for each 150 square feet in excess of 2,000 square feet of floor area in the principal structure.

(9)

Sanitariums, convalescent home, rest home, nursing home or day nurseries. Four spaces plus one for each three beds for which accommodations are offered.

(10)

Drive-through establishments.

a.

Convenience food/fast food. At least one parking space for each 60 square feet of gross floor area of the building. Drive-through lanes shall include at least eight stacking spaces per order board/station that do not conflict with other parking or circulation, separate from the general parking requirements listed above.

b.

Coffee shops. Parking supply for building areas equal to convenience/fast food, plus drive through lanes with no fewer that 12 stacking spaces that do not conflict with other parking or circulation, separate from the general parking requirements listed above.

c.

Financial institutions. Parking supply for the building areas according to the requirements for office buildings, plus drive through lanes with no fewer than four stacking spaces for each drive-through teller or ATM station.

d.

Pharmacy, and other retail. Parking supply for the building areas according to the requirements for retail buildings, plus drive through lanes with no fewer than three stacking spaces for each drive-through pickup window, or other greater amount as may be determined by the zoning administrator.

(11)

Office buildings, animal hospitals, professional offices and medical clinics. At least one space for each 300 square feet of floor area.

(12)

Bowling alley. At least five parking spaces for each lane, plus additional spaces as may be required herein for related uses contained within the principal structure.

(13)

Motor fuel station combined with motor vehicle service. At least four off-street parking spaces plus two off-street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts or service shall be required to provide additional parking in compliance with other applicable sections of this chapter.

(14)

Retail store and service establishment.

a.

Grocery, home improvement, retail, and shopping centers in which restaurant uses are incorporated in the principal building: At least one off-street parking space for each 200 square feet of floor area.

b.

Discount retail/furniture, retail showrooms and other retailers not included in a. above: At least one off-street parking space for each 325 square feet of floor area.

c.

Convenience retail associated with motor fuel stations: At least one space per each 250 square feet of gross building area, in addition to spaces required for other uses on site.

(15)

Restaurants, cafes, private clubs serving food or drinks, bars, on-sale nightclubs, with:

a.

Table full-service seating, and which may include other service delivery types, such as bar seating or common ordering. At least one space for each 50 square feet of gross building area.

b.

Counter service, for either table seating and/or table service, such as fast-food or quick service facilities. At least one space for each 60 square feet of gross building area.

(16)

Undertaking establishments. At least one space for each 60 square feet of public gathering space, plus one parking space for each funeral vehicle maintained on the premises. Aisle space shall also be provided off the street for making up a funeral procession.

(17)

Auto repair, major bus terminal, taxi terminal, boats and marine sales and repair, bottling company, shop for a trade employing six or less people, garden supply store, building material sales in structure. Eight off-street parking spaces, plus one additional space for each 800 square feet of floor area over 1,000 square feet.

(18)

Private skating rink, dance hall or public auction house. 20 off-street parking spaces, plus one additional off-street parking space for each 200 square feet of floor space over 2,000 square feet.

(19)

Golf driving range, miniature golf, archery range. Ten off-street parking spaces, plus one for each 100 square feet of floor space.

(20)

Manufacturing, fabricating or processing of a product or material. One space for each 350 square feet of floor area, plus one space for each company owned truck (if not stored inside principal building).

(21)

Warehousing, storage or handling of bulk goods. That space which is solely used as office shall comply with the office use requirements and one space per each 750 square feet of floor area and one space for each company owned truck (if not stored inside principal building).

(22)

Car wash. (In addition to required magazining or stacking space):

a.

Automatic drive-through, services. A minimum of ten spaces.

b.

Self-service. A minimum of two spaces.

c.

Motor fuel station car wash. Zero in addition to that required for the station, however, at least six spaces in the stacking lane shall be provided where the stacking lane will not interfere with other parking or circulation.

(23)

Private racquetball, handball and tennis courts. Not less than six spaces per each court.

(24)

Nursery and landscaping operations with on-site growing fields. One space for each 200 square feet of floor area and one space for each 500 square feet of indoor storage space and one space for each 3,000 square feet of outdoor sales/display area and one space for each 15,000 square feet of growing field area.

(25)

Other uses. Other uses not specifically mentioned herein or unique cases shall be determined on an individual basis by the council. Factors to be considered in such determination shall include (without limitation) size of building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles.

(b)

Space reductions. Subject to the review and processing of a conditional use permit as regulated by article XIII, division 3 of this chapter, the city may reduce the number of required off-street parking spaces when the use can demonstrate in documented form a need which is less than required. In such situations, the city may require land to be reserved for parking development should use or needs change as "proof of parking."

(c)

Development and uses not complying with parking space requirement. Within the B-5 zoning district, the city may approve development and uses which do not comply with the required number of parking spaces as a conditional use permit, provided that:

(1)

A development agreement running with the land is completed in which it is agreed that the property in question is financially responsible for its proportionate share of the city sponsored and provided parking space construction, maintenance, and parking site acquisition for on-street, lot or ramp parking at a maximum cost as determined from time to time by the city engineer or city planner, and for a maximum period of time as established from time to time, by the council. The responsibility shall be determined on the basis of the property's parking space shortage based upon the requirements of this Code, in relationship to the total parking space shortage, as defined by this subsection, for a defined service and benefit area. The term "service and benefit area" shall include all properties which benefit from the available public parking serving a particular retail, office, institutional, public and semi-public, and commercial neighborhood or district. The council may exempt a development from this requirement during the period of the agreement or may refund monies paid pursuant to the agreement if other means of financing are available and utilized by the city, at its sole option and election, in providing the required parking.

(2)

The amount of parking to be provided by the developer on the property in question is the maximum amount possible, taking into account the use and design objectives of the B-5 district and the comprehensive plan, as determined by the city engineer.

(3)

The parking shortages created by the development are not premature or in excess of the supply which can be provided by the city through a public parking system on a short- or long-term basis.

(4)

The provisions of section 50-699 are considered and satisfactorily met.

(Code 1985, § 11.19(9); Ord. No. 2023-1, § 1, 2-6-2023)

The council may, after receiving a report and recommendations from the planning commission, approve a conditional use permit for one or more businesses to provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the planning commission shall not recommend that such permit be granted nor the council approve such a permit except when the following conditions are found to exist:

(1)

Up to 50 percent of the parking facilities required for a theatre, bowling alley, dance hall, bar or restaurant may be supplied by the off-street parking facilities provided by types of uses specified as primarily daytime uses in subsection (4) of this section.

(2)

Up to 50 percent of the off-street parking facilities required for any use specified, under subsection (4) of this section, as primarily daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses: auditoriums incidental to a public or parochial school, churches, bowling alleys, dance halls, theatres, bars, apartments or restaurants.

(3)

Up to 80 percent of the parking facilities required by this section for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities provided by uses specified in subsection (4) of this section as primarily daytime uses.

(4)

For the purpose of this section, the following uses are considered as primarily daytime uses: banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale and similar uses.

(5)

Conditions required for joint use:

a.

The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 300 feet of such parking facilities.

b.

The application shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses (for which joint use of off-street parking facilities is proposed).

c.

A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the city attorney, shall be filed with the city clerk and recorded with the county recorder.

(Code 1985, § 11.19(10))

Any off-site parking which is used to meet the requirements of this chapter shall be a conditional use as regulated by article XIII, division 3 of this chapter and shall be subject to the following conditions:

(1)

Off-site parking shall be developed and maintained in compliance with all requirements and standards of this chapter.

(2)

Reasonable access from off-site parking facilities to the use being served shall be provided.

(3)

Except as provided in subsection (6) of this section, the site used for meeting the off-site parking requirements of this chapter shall be under the same ownership as the principal use being served or under public ownership.

(4)

Off-site parking for multiple-family dwellings shall not be located more than 100 feet from any normally used entrance of the principal use served.

(5)

Except as provided in subsection (6) of this section, off-site parking for nonresidential uses shall not be located more than 500 feet from the main public entrance of the principal use being served.

(6)

Any use which depends upon off-site parking to meet the requirements of this chapter shall maintain ownership and parking utilization of the off-site location until such time as on-site parking is provided or a site in closer proximity to the principal use is acquired and developed for parking.

(7)

Compliance with off-street parking requirements provided through leased off-street parking may be approved by the council, subject to the following additional conditions:

a.

The lease shall specify the total number and location of parking spaces under contract and this number, when added to any on-site parking required, must be equal to the total number of parking spaces required.

b.

The lease instrument shall legally bind all parties to the lease and provide for amendment or cancellation only upon written approval from the city.

c.

The lease agreement shall incorporate a release of liability and any other provisions, as recommended by the city attorney that are deemed necessary to ensure compliance with the intent of this chapter.

(Code 1985, § 11.19(11))

The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way so as to promote the safety and general welfare of the public, by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the specific and appropriate utilization of various parcels of land or structures.

(Code 1985, § 11.20(1))

(a)

Off-street. All required loading berths shall be off-street and located on the same lot as the building or use to be served.

(b)

Distance from intersection. All loading berth curb cuts shall be located at a minimum 50 feet from the intersection of two or more street rights-of-way. This distance shall be measured from the property line.

(c)

Distance from residential use. No loading berth shall be located closer than 100 feet from a residential district unless within a structure.

(d)

Prohibited in front yards. Loading berths shall not occupy the required front yard setbacks.

(e)

Conditional use permit required. A conditional use permit shall be required for new loading berths added to an existing structure, where the loading berth is located at the front or at the side of the building on a corner lot.

(1)

Pedestrians. Loading berths shall not conflict with pedestrian movement.

(2)

Visibility. Loading berths shall not obstruct the view of the public right-of-way from off-street parking access.

(3)

General compliance. Loading berths shall comply with all other requirements of this section.

(f)

Traffic interference. Each loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will cause the least interference with traffic.

(Code 1985, § 11.20(2))

All loading berths and accessways shall be improved with not less than six-inch class five base and two-inch bituminous surfacing to control the dust and drainage according to a plan submitted to and subject to the approval of the city engineer.

(Code 1985, § 11.20(3))

Any space allocated as a required loading berth or access drive so as to comply with the terms of these zoning regulations shall not be used for the storage of goods, inoperable vehicles or snow and shall not be included as part of the space requirements to meet the off-street parking requirements.

(Code 1985, § 11.20(4))

Except in the case of multiple dwellings, all loading areas shall be screened and landscaped from abutting and surrounding residential uses in compliance with section 50-358.

(Code 1985, § 11.20(5))

(a)

Nonresidential developments. Unless otherwise specified in these zoning regulations, the first loading berth shall be not less than 70 feet in length and additional berths required shall be not less than 30 feet in length and all loading berths shall be not less than ten feet in width and 14 feet in height, exclusive of aisle and maneuvering space.

(b)

Multiple-family dwellings. The size and location of the required loading berth shall be subject to the review and approval of the city engineer and the city planner.

(Code 1985, § 11.20(6))

The number of required off-street loading berths shall be as follows:

(1)

Commercial or industrial uses. Except within the B-5 district, all buildings shall have at least one off-street loading berth.

(2)

Multiple-family dwellings. One off-street loading berth shall be provided for each principal dwelling structure in excess of four units.

(3)

Any use. In the case of any development, including single-family detached dwellings, the council shall have the right to require an off-street loading facility which meets the demand of the activity generated by the respective use. Commercial properties may provide loading spaces within the parking and circulation area of the property when the property owner or tenant can show that loading activities occur off-hours.

(Code 1985, § 11.20(7))