1-1.1.

Intent. The intent of this section is to allow flexible methods of providing an adequate number of parking and loading spaces, while encouraging a pedestrian-oriented community, and reducing excessive paved surfaces which lead to unnecessary heat buildup and stormwater runoff.

1-1.2.

Applicability.

A.

General. The off-street parking, bicycle parking, and loading standards of this section shall apply to any new building constructed, existing buildings altered, and to any new use established.

B.

Exemptions and modifications.

(1)

The off-street parking requirements in this appendix shall not apply to properties in the C-2 district. The loading standards of this section shall not apply in the C-2 district. However, prior to issuance of any building permit or certificate of occupancy, whichever is issued first, the owner of any new building constructed or any new use established in the C-2 district shall submit to the administrator an estimate of the parking requirements that the building or use is expected to generate, based on the requirements established in this section, and an indication of where or how that parking will be provided. Any and all references to or requirements relating to bicycles shall be limited to the C-2 district.

1.

The C-2 district recognizes the need to maintain and enhance the downtown portion of Byron as its principal commercial area. The regulations outlined in this section will encourage the continuation of present uses; to provide land for the future placement of compatible commercial, service, and related activities; to prevent the intrusion of objectionable land uses and to prevent congestion in these areas. Further purposes of this district are to maintain, restore, and create the historic nature and characteristics of the City of Byron and to disallow uses and development more properly found in zones C-1 and C-3.

(2)

The off-street parking, bicycle parking, and loading standards of subsections 1-1.2 and 1-1.3 shall not apply to parking areas which constitute the principal use of a site (commercial parking lots and parking structures). The maximum off-street parking standards of subsections 1-1.2 and 1-1.3 shall not apply to developments which incorporate a multi-level parking structure.

C.

Expansions and alterations. The off-street parking, bicycle parking, and loading standards of this section shall apply when an existing structure or use is expanded, or enlarged, or altered. Additional off-street parking, bicycle parking, and loading spaces shall be required based on the enlarged, expanded area, or altered area provided that in all cases the number of off-street parking, bicycle parking, and loading spaces provided for the entire use (pre-existing plus expansion) must equal at least 75 percent of the minimum requirements parking spaces established in this section.

D.

Change of use. Off-street parking, bicycle parking and loading shall be provided for any change of use pursuant to the following:

(1)

Change in intensity of use. Whenever a building or structure erected prior to or after the date of adoption of this ordinance undergoes any increase in number of dwelling units, gross floor area, seating capacity, number of employees, or other unit of measure specified in this ordinance for required parking or loading facilities, and when such increase would result in a requirement for additional parking or loading facilities as specified in this ordinance, such additional facilities shall be provided accordingly; except, that no building or structure erected prior to the date of adoption of this ordinance shall be required to provide parking or loading facilities unless the additional facilities amount to an increase of 25 percent, in which case, parking or loading spaces shall be provided on the basis of the additional units of measurement (as mentioned in this subsection) of the new use of the altered or expanded existing use.

When a building or structure shall undergo any decrease in the number of dwelling units, gross floor area, seating capacity, or other unit of measurement specified in this ordinance for required parking or loading facilities, and when it would result in a requirement for fewer total parking or loading spaces as specified in this ordinance, parking or loading facilities may be reduced accordingly, provided that the remaining parking and loading facilities shall at least equal or exceed the parking or loading requirements of this ordinance as applied to the modified building or structure.

(2)

If the change of use constitutes less than 50 percent of the floor area of a structure or lot accommodating one or more uses (within a five-year period), the property shall comply with the provisions of this section to the greatest extent practicable as determined by the administrator provided the off-street parking and loading requirements are equal to at least 75 percent of the minimum requirements established by this section.

(3)

If the change of use constitutes 50 percent or more of the floor area of a structure or lot accommodating one or more uses (within a five-year period), the property shall comply with the provisions of this section and provide the off-street parking and loading requirements equal 100 percent of the minimum requirements established by this section.

E.

Minimum distance and setbacks. Parking spaces shall not be located within the area prescribed for front yard setbacks. The zoning enforcement officer may waive this requirement, on a case-by-case basis, if the property owner, or his representative, presents a site plan showing a landscaped strip, a minimum of five feet in width, along the front property line when applying for a permit for the construction of the building and/or parking lot, and then installs the planted landscaped strip as illustrated on the site plan. The zoning administrator/zoning enforcement officer or any designee thereof may withhold final inspection approval of all the improvements on the property until the landscaping is installed and complete. Such landscaping shall be continually maintained by the property owner. Any wall or fence erected in place of a landscaping strip shall observe the minimum setbacks for that zoning district.

F.

Design of parking lots. A parking lot for five or more vehicles must meet the following criteria prior to issuance of a permit for the construction of the lot:

(1)

A minimum of ten percent of the parking lot area shall be landscaped; a landscaped strip, a minimum of five feet wide, must be provided on each side which is adjacent to the streets. All lots shall also be effectively screened by landscaping on each side which adjoins, or fronts property situated in any residential district. Such landscaped strips shall be dense enough to shield the cars from view. The landscaping shall be maintained in good condition by the property owner. Required setback areas shall not be paved except for those areas specifically necessary for entrance and exit ways. The zoning review board may waive or reduce the landscaping requirements in cases of extreme hardship. In lieu of the landscaping requirement, a fence or wall must be provided, which must be approved by the zoning review board.

(2)

No application for a building permit for a new, enlarged, or altered, structure, or improvement of use, shall be approved unless accompanied by a plot plan drawn to scale, showing the required off-street automobile parking facilities and improvements as specified in this section nor shall a permit be issued for the improvement of a parking area to serve as an accessory use to an existing building or buildings until a plot plan drawn to scale has been submitted in accordance with this section. Prior to approval, the plot plan will be reviewed and approved by a certified civil engineer for sufficient drainage, as well as entry and exit points, and by the zoning enforcement officer for landscaping and to ensure compliance with all the requirements of this ordinance, including the adequacy of the parking lot to accomplish its purpose.

(3)

Any lighting used to illuminate any off-street parking lot shall be so arranged as to reflect the light away from adjoining properties. The parking lot must be graveled or paved with asphalt, concrete, or brick.

(4)

Landscaping, including trees, shall be required within the interior of parking lots (in addition to the perimeter landscaping) when the parking lot area exceeds 20,000 square feet. Periodic maintenance shall be required.

(5)

Landscaping shall not obstruct the visibility of automobiles at intersections, or entry and exit points.

(6)

Certificate of occupancy or use permits. No certificate of occupancy or use permit will be issued upon completion of any building, or addition, which would require an increase in parking space or off-street loading and unloading space, unless and until all off-street parking and load space requirements, as shown on the approved plans, or which are made a part of the building permit, shall be completed and determined by the zoning enforcement official to be ready for use.

(7)

Loading space. As required in this ordinance, the space supplied for such off-street loading and unloading purposes shall not be construed as supplying required off-street parking space.

(8)

Location of parking space. Parking spaces provided pursuant to this section must be asphalt, concrete, properly drained, and compliant with all stormwater regulations.

(9)

Joint use of off-street parking and loading facilities. Nothing in this ordinance shall be construed to prevent the joint use of off-street parking or off-street loading space for two or more buildings or uses if the total of such spaces, when used together, is not less than the sum of the requirements for the various individual uses computed separately in accordance with this section.

(10)

Use of required off-street parking by another building. No part of an off-street parking lot required for any building or use for the purpose of complying with the provisions of this ordinance shall be included as a part of an off-street parking area similarly required for another building or use, unless the type of structure indicates that the periods of usage of such structures will not be simultaneous, or, unless the size of said off-street parking lot is sufficient to comply with the provisions of this ordinance.

(11)

Remote parking lots encumbered. Where the provisions of off-street parking for a building or other use established after the adoption of this ordinance involves one or more parcels, or tracts, or lots of land that are not a part of the plot on which the principal use is situated, the applicant for a permit for the principal use shall include these tracts or lots of land as meeting their parking requirements of the principal use.

When a principal use has specified a remote parking lot in accordance with these regulations outlined herein to provide the required minimum parking spaces, the occupational license for the principal use will not be renewed by the city until the owner, and/or operator, of the principal use presents sufficient evidence to the city that the required parking spaces will be provided for the same period as the license.

The applicant shall deposit the necessary recording fee, and upon the issuance of a building permit, the zoning enforcement official shall cause said legal instrument of incumbrance to be recorded in the office of the city clerk.

(12)

Accessory parking in residential areas. A lot, or lots, separated by a common boundary from an office or commercial district, but located in an R-2 or R-3 district, may be used as a free parking lot, or lots, to service the contiguous and adjoining commercial use, or uses, or as otherwise permitted by this ordinance, provided that:

a.

No advertising signs of any type are erected in the area.

b.

The setback from the front property line shall be the same as for the district in which the lot, or lots, are located.

c.

All automobile parking lots shall be effectively screened on each side which adjoins, or fronts property situated in any residential or multiple-family dwelling district by a wall, fence, or densely planted hedge. Such wall, fence, or hedge shall be not less than six feet in height and shall be maintained in good condition.

d.

No structure shall be erected in such area.

1-1.3.

Off-street parking requirements. Unless otherwise expressly stated in this chapter, off-street parking spaces shall be provided in accordance with Table 61-1-1.

Table 1-1.4: Off-Street Parking Requirements Schedule A

Off-street parking:

All activities or uses which are allowed in each respective district shall comply with the parking requirements as contained in appendix Z-I. Parking requirements for specific uses are:

a.

Single-family residential dwellings: three or fewer bedrooms, two spaces per dwelling unit; three or more bedrooms, three per dwelling unit.

* Enclosed garages shall not count toward minimum parking for household living uses.

b.

Multi-family residential dwellings: 1.5 per dwelling unit.

* Enclosed garages shall not count toward minimum parking for household living uses.

c.

Townhouse dwellings: 2.25 per dwelling unit.

* Enclosed garages shall not count toward minimum parking or household living uses.

d.

Churches: one parking space for each five seats, plus one parking space for each church official resident on the premises, plus additional parking spaces equal in number to 50 percent of the number of permanent employees.

e.

Convalescent, nursing, and other health institutions: one parking space for each five patient beds, plus one parking space for each staff or visiting doctor (average number), plus one parking space for each four employees, including nurses.

f.

Hospitals: one parking space for each three patient beds (excluding bassinets), plus one parking space for each member of staff or visiting doctor (average number), plus one parking space for each four employees, including nurses.

g.

Convalescent, nursing, and other health homes, and institutions: one parking space for each five patient beds, plus one parking space for each staff or visiting doctor (average number), plus one parking space for each four employees, including nurses.

h.

Clubs: one parking space for per 300 square feet.

i.

Schools (kindergartens, day nurseries): one parking space for every two employees, plus sufficient off-street space for the safe and convenient loading and unloading of students.

j.

Schools (elementary and junior high): 1.5 up to two parking spaces for each teacher, administrator, and employee on the school's staff plus sufficient off-street space for safe and convenient loading and unloading of students.

k.

Schools (senior high, vocational, colleges): five—ten parking spaces for each teacher, administrator, and employee, plus one parking space for every four students, plus sufficient off-street space for safe and convenient loading and unloading of students, plus one parking space for each ten seats in the school or college auditorium, provided, however, if the school or college campus has a gymnasium, and has provided off-street parking spaces for that gymnasium, such spaces may be credited toward meeting the requirements for off-street parking for the auditorium located on the same campus.

l.

Community centers, libraries, post offices, etc.: spaces equal in number to 75 percent of the number of employees, plus one space for each 250 square feet of gross floor space.

m.

Hotel (as that term is defined in section 36-131 of this Code): one parking space per room, plus one additional parking space per five employees of the hotel.

n.

Mobile homes: three or fewer bedrooms—two spaces per dwelling unit; three or more bedrooms—three per dwelling unit.

* Enclosed garages shall not count toward minimum parking for household living uses.

o.

Amusement activities: one space for each 100 square feet of floor area or ground area used for amusement or assembly.

p.

General business, commercial or personal service establishments catering to retail trade but excluding grocery stores: three spaces for each 200 square feet of floor area designed for retail sales only.

q.

Movie theater: one space for every two seats.

r.

Fitness center, health club, gyms: one per 250 square feet.

s.

Restaurants, with drive-through: one per 150 square feet plus vehicle stacking spaces (see [Subsection 1-1.6] and table 1-1.4).

t.

All other eating establishments use: one per 100 square feet.

u.

Automobile service and repair establishments: one space for each full-time employee; and one space for each 250 square feet of floor area, excluding the service area floor space; provided, however, that there is a minimum of six spaces based on the square footage requirements.

v.

Convenience store, gas stations, travel centers: one per 200 square feet plus vehicle stacking spaces for gasoline service (see table 1-1.4).

w.

Grocery store: one per 650 square feet with a maximum of one per 250 square feet.

x.

Office buildings (including bank, business, commercial and professional offices): one space for each 300 square feet of floor area.

y.

Shopping centers exceeding 35,000 gross square feet: one per 650 square feet with a maximum of one per 250 square feet.

z.

Industrial, manufacturing, and wholesale establishments.

aa.

Off-street bicycle parking requirements. The minimum number of parking spaces for bicycles shall be equal to one percent of the total number of off-street parking spaces provided. A minimum of two bicycle parking spaces shall be provided for all sites.

1-1.5.

Off-street loading requirements. Unless otherwise approved by the administrator, every building or structure erected and used for business, trade, or industry shall provide space as indicated in this section for the loading and unloading of vehicles, with access to a public street or alley. The spaces shall be arranged so that no vehicle will be required to back onto a public street or way and so that vehicles may maneuver for loading and unloading entirely within the property lines of the premises. Off-street loading spaces shall be provided in the following numbers:

A.

Service and industrial uses. Each use shall provide loading spaces that measure 12 feet by 55 feet with overhead clearance of 14 feet, based on the gross floor area as shown below:

1-1.6.

Parking design and location standards. In addition to the design standards listed herein, the following shall apply to all parking lots:

A.

Surfacing and maintenance. All required parking and vehicular driving surfaces shall be graded for drainage in accordance with all applicable stormwater management requirements of this Code or otherwise.

B.

Low impact development (LID) techniques required. All parking areas, for uses other than single-family detached and two-family dwellings, which exceed the number of parking spaces required by the minimum spaces required column and equal to or less than the maximum spaces allowed column as listed in table 6-1-1 should incorporate low impact development (LID) techniques for the area in which there are excess spaces. Each LID technique shall be approved by the administrator. Examples include, but are not limited to, bioretention areas and vegetative filter strips. The LID technique shall be sized to treat the first 0.5 inches of runoff from the excess spaces and will be in addition to the stormwater requirements set forth in applicable stormwater management requirements of this Code or otherwise.

Off-street loading and unloading regulations. On the same premises with every building, structure, or part thereof, erected and occupied for the uses of manufacturing, warehouse storage, food processing or wholesale distribution plant, department store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly involving the receipt or distribution by vehicles, of materials or merchandise, there shall be provided and maintained on the lot adequate space for the standing, loading, and unloading services, in order to avoid undue interference with public use of the streets or alleys. Such space, unless adequately provided elsewhere on the lot, shall include a minimum of 12 by 55 feet load space, with a 14-foot minimum height clearance, for every 20,000 square feet or fraction thereof, in excess of 3,000 square feet of building space used for the above-mentioned purposes, or for 20,000 square feet, or fraction thereof, in excess of 3,000 square feet of land used for the above-mentioned purposes.

(Ord. No. 2023-12, Exh. A, 4-8-2024)