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Charlotte City Zoning Code

ARTICLE XIX

P-1 VEHICULAR PARKING DISTRICT

§ 82-396 INTENT.

   The P-1 Vehicular Parking Districts are intended to permit the establishment of areas to be used solely for off-street parking of private passenger vehicles as a use incidental to a principal use. This District will generally be provided by petition or request to serve a use district which has developed without adequate off-street parking facilities.
(1993 Code, § 82-396) (Ord. passed 10-12-1992)

§ 82-397 PRINCIPAL PERMITTED USES.

   Premises in Vehicular Parking Districts shall be used only for an off-street vehicular parking area and shall be developed and maintained subject to such regulations as are provided in this article.
(1993 Code, § 82-397) (Ord. passed 10-12-1992)

§ 82-398 REQUIRED CONDITIONS.

   Required conditions in Vehicular Parking Districts are:
      (1)   The parking area shall be accessory to, and for use in connection with 1 or more businesses, or industrial establishments, located in adjoining business or industrial districts, or in connection with 1 or more existing professional or institutional office buildings or institutions;
      (2)   Such parking lots shall be contiguous to an RT, RM-1, RM-2 or nonresidential district. Parking areas may be approved when adjacent to such districts, or on the end of a block where such areas front on a street which is perpendicular to that street servicing the district. There may be a private driveway or public street or public alley between such P-1 District and above listed districts;
      (3)   Parking area shall be used solely for parking of private passenger vehicles, for periods of less than 1 day and shall not be used as an off-street loading area;
      (4)   No commercial repair work or service of any kind, or sale or display thereof, shall be conducted in such parking area;
      (5)   No signs of any kind, other than signs designating entrances, exits and conditions of use, shall be maintained on such parking area;
      (6)   No building other than those for shelter of attendants shall be erected upon the premises and they shall not exceed 15 feet in height;
      (7)   Applications for P-1 District rezoning shall be made by submitting a dimensional layout of the area requested showing the intended parking plans in accordance with § 82-400.
(1993 Code, § 82-398) (Ord. passed 10-12-1992)

§ 82-399 MINIMUM DISTANCES AND SETBACKS.

   Minimum distances and setbacks in a P-1 Vehicular Parking District are as follows.
      (1)   Side and rear yards. Where the P-1 District is contiguous to the side and/or rear lot lines of premises within a residentially zoned district, the required wall shall be located along the lot line.
      (2)   Front yards. Where the P-1 District is contiguous to a residentially zoned district which has a common frontage in the same block with residential structures, or wherein no residential structures have been yet erected, there shall be a setback equal to the required residential setback for the residential district, or a minimum of 25 feet, or whichever is the greater. The required wall shall be located on this minimum setback line unless, under unusual circumstances, the Planning Commission finds that no good purpose would be served. The land between the setback and street right-of-way line shall be kept free from refuse and debris and shall be planted with shrubs, trees, or lawn and shall be maintained in a healthy growing condition, neat and orderly in appearance.
(1993 Code, § 82-399) (Ord. passed 10-12-1992)

§ 82-400 PARKING SPACE LAYOUT, STANDARDS, CONSTRUCTION AND MAINTENANCE.

   Off-street parking lots in a P-1 Vehicular Parking District shall be laid out, constructed and maintained in accordance with the following standards and regulations. (See Appendix B for figure.)
      (1)   Plans for the layout of off-street parking facilities shall be in accord with the following minimum requirements.
 
Parking Pattern (degrees)
Maneuvering Land Width (feet)
Parking Space Width (feet)
Parking Space Length (feet)
Total Width of 1 Tier of Parking Spaces Plus Maneuvering Lane (feet)
Total Width of Two Tiers of Spaces Plus Maneuvering Lane (feet)
0 (parallel parking)
12
8
20
20
28
45
12
8-1/2
20
32
55
60
15
8-1/2
20
36-1/2
58
90
20
9
20
40
60
 
      (2)   All maneuvering lane widths shall permit one-way traffic movement, with the exception of the 90-degree pattern and parallel parking where two-way movement may be permitted.
      (3)   All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited.
      (4)   Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles.
      (5)   Each entrance and exit to and from such parking lot shall be at least 20 feet distant from any adjacent property located in any residential district except in the instance of parallel parking where 8 feet may be allowed.
      (6)   Ingress and egress to a parking lot or any other part of a property in an area zoned for other than single-family residential use shall not be across land zoned for single-family residential use.
(1993 Code, § 82-400) (Ord. passed 10-12-1992; Ord. passed 12-12-1994)

§ 82-401 SIDE YARDS.

   Where the P-1 District is contiguous to side lot lines of premises within a residentially zoned district, a screening wall shall be located on the property line as provided in § 82-467.
(1993 Code, § 82-401) (Ord. passed 10-12-1992)

§ 82-402 FRONT YARDS.

   Where the P-1 District is contiguous to a residentially zoned district which has a common frontage on the same block with residential structures, or wherein no residential structures have been yet erected, there shall be a setback equal to the required residential setback for the residential district. The required wall as provided in § 82-467 shall be located on this minimum setback line.
(1993 Code, § 82-402) (Ord. passed 10-12-1992)

§ 82-403 SCREENING AND LANDSCAPING.

   Screening and landscaping requirements in a P-1 Vehicular Parking District are as follows.
      (1)   The parking area shall be provided with a continuous and completely obscuring wood or masonry wall or fence 4 feet 6 inches in height measured from the surface of the parking area. This wall or fence shall be provided on all sides where the next zoning district is designated as a residential district except in the instance where such residential district is across a street such wall or fence may be provided as a landscaped screening planting area. Whenever such wall is required, all land between the wall and boundaries of the P-1 District shall be kept free from refuse and debris and shall be landscaped with deciduous shrubs, evergreen material and ornamental trees. Ornamental trees shall be planted at 30-foot intervals, 6 feet from the wall. The ground area shall be planted and kept in lawn. All such landscaping and planting shall be maintained in a healthy, growing condition, neat and orderly in appearance.
      (2)   All planting plans shall be in accordance with the provisions of subsection (1) of this section and in accordance with § 82-460.
(1993 Code, § 82-403) (Ord. passed 10-12-1992)

§ 82-404 SURFACE OF PARKING AREA.

   The entire parking area, including parking spaces and maneuvering lanes, required under this section, shall have portland cement or asphaltic concrete surfacing in accordance with specifications approved by the Director of Public Works or his designee. Such facilities shall be drained so as to dispose of all surface water accumulated in the parking area. The parking area shall be surfaced within 1 year of the date of rezoning for P-1 vehicular parking use if the parking area is to serve an existing use.
(1993 Code, § 82-404) (Ord. passed 10-12-1992)

§ 82-405 LIGHTING.

   All lighting used to illuminate any P-1 District off-street parking area shall be so installed as to be directed on the parking area only.
(1993 Code, § 82-405) (Ord. passed 10-12-1992)

§ 82-406 APPROVAL AND MODIFICATIONS.

   (A)   The Planning Commission, upon application by the property owner of the parking area, may modify the yard and wall requirements where, in unusual circumstances, no good purpose would be served by compliance with the requirements of this article.
   (B)   In all cases where a wall extends to an alley which is a means of ingress and egress to a parking area, it shall be permissible to end the wall not more than 10 feet from such alley line in order to permit a wider means of access to the parking area.
   (C)   In addition to the requirements in this article, such parking area shall comply with such further requirements or conditions as may be prescribed by the Planning Commission for the protection of the residential district abutting such parcel in which the parking area is to be located.
(1993 Code, § 82-406) (Ord. passed 10-12-1992)

§ 82-407 ACCESS MANAGEMENT STANDARDS.

   (A)   Intent.
      (1)   The intent of this section is to establish roadway access standards inclusive of driveways, shared drives, frontage and rear access and road related roadway geometric improvements and access control features.
      (2)   The compliance standards of this section are intended to minimize potentially hazardous traffic movements and related traffic conflicts, provide effective spacing standards between driveways and between driveways and intersections and to ensure reasonable access to properties within desired public safety standards. The provisions of this section shall apply during the site plan review process before Planning Commission approval.
   (B)   Driveway spacing.
      (1)   Definitions. For the purposes of this section, a COMMERCIAL DRIVEWAY is defined as any vehicular access, except those serving single family or two family residences or serving an essential public service structure.
      (2)   Minimum spacing (commercial). Minimum spacing between 2 commercial driveways on the same side of the roadway shall be determined based upon the posted speed limit along the parcel frontage. The minimum spacings indicated below are measured from centerline to centerline.
 
Posted Speed Limit (MPH)
Minimum Driveway Spacing (Feet)
25
130
30
185
35
245
40
300
45
350
50
455
 
      (3)   Left-turn conflicts. To reduce left turn conflicts, new commercial driveways shall be aligned with existing driveways across the roadway where possible. If alignment is not possible, driveways should be offset a minimum of 150 feet from existing driveways, measured centerline to centerline, on the opposite side of the roadway.
      (4)   Minimum spacing. Minimum spacing between proposed driveways and street intersections shall be subject to the following requirements. The following measurements are from the nearest edge of the driveway throat to the nearest edge of the intersection.
 
Location of Driveway
Minimum Spacing for Full Movement Driveway (Feet)
Minimum Spacing for a Channelized Right-Turn-In, Right-Turn-Out Driveway (Feet)
On a major thoroughfare, intersecting street is a major thoroughfare
250
125
On a major thoroughfare, intersecting street is not a major thoroughfare
200
125
On a secondary thoroughfare
125
75
On a collector street
75
75
 
      (5)   Number of commercial driveways.
         (a)   The number of commercial driveways serving a property shall be the minimum number necessary to provide reasonable access and access for emergency vehicles, while preserving traffic operations and safety along the public roadway.
         (b)   Access shall be provided for each separately owned parcel. This access may be an individual driveway, shared driveway, or via a service drive. Additional driveways may be permitted for the property only as follows: 1 additional driveway may be allowed for properties with continuous frontage over 300 feet, and 1 additional driveway for each additional 300 feet of frontage, if the Planning Commission determines additional access is justified without compromising traffic operations along the public street. The applicant shall submit a traffic impact study if additional access is sought. All driveways shall comply with the spacing requirements set forth in this section.
         (c)   In making its determination on whether additional access is justified, the Planning Commission may refer to the following list of developments, that generate enough traffic to warrant consideration of additional access. Where possible, additional access points should be located on a side street, shared with adjacent uses, or designed for right-turn-in, right-turn-out only movements.
            1.   Multiple family developments with over 500 units.
            2.   Grocery store of over 30,000 square feet (GFA).
            3.   Shopping center with over 40,000 square feet (GFA).
            4.   Hotel or motel with over 400 rooms.
            5.   Industrial developments with over 300,000 square feet (GFA) or 350 employees, although a secondary entrance for trucks should be allowed.
            6.   Warehouses of over 750,000 square feet (GFA) or 350 employees.
            7.   Mobile home park with over 600 units.
            8.   General office building of 150,000 square feet (GFA) or 500 employees.
            9.   Medical office building of 60,000 square feet (GFA) or 200 employees.
            10.   Fast food restaurant of over 6,000 square feet (GFA).
            11.   Sit down restaurant of over 20,000 square feet (GFA).
      (6)   Shared driveways and service roads.
         (a)   Where the Planning Commission determines that reducing the number of access points may have a beneficial impact on traffic operations and safety while preserving the property owner's right to reasonable access, a shared driveway or service drive connecting 2 or more properties or uses may be required. In particular, service drives may be required where recommended in the Master Plan or corridor plan, near existing traffic signals or near locations having traffic volumes and along segments of roadway with a relatively high number of accidents or limited sight distance.
         (b)   Shared driveways and service drives shall be within a recorded access easement.
         (c)   The Planning Commission may allow temporary access where the service road is not completed if a performance bond or other financial guarantee is provided which assures the elimination of the temporary access upon completion of the service road. Occupancy permits shall not be issued until such financial guarantee has been submitted to the city.
      (7)   Driveway Width. The following standards shall apply unless engineering judgement determines that another dimension is more suitable for a particular site.
         (a)   The standard two-way commercial driveway design shall include 1 ingress lane and 1 egress lane with a combined width of 30 feet, measured from face of curb to face of curb.
         (b)   Where exit volumes are expected to exceed 1,000 vehicles per day, 100 during peak hours, or in areas where it is determined that undesirable motorist delays will occur, 2 egress lanes may be required. Such driveways shall include 1 15-foot wide ingress lane and 2 11.5-foot wide egress lanes (1 marked exclusively for left turns). In areas where significant pedestrian/bicycle travel is expected, the egress and ingress lanes shall be separated by a 6 to 10 foot wide median with a pedestrian refuge area.
         (c)   Where driveways are to be located on a road segment having a high accident rate or significant traffic congestion/delays, or where left run access is available through alternative means of access, the Planning Commission may require driveway design and signing which prohibits certain turning movements.
         (d)   For access arrangements which include 2 one-way driveways, such as a right-turn-in and right-turn-out only arrangements, each driveway shall be 16 feet wide, measured perpendicular to the curb, and angled to minimize the disruption of traffic flow.
      (8)   Engineering judgement. Engineering judgement shall be utilized to determine the necessary throat length, but in no case shall it be less than 25 feet.
      (9)   Angle of commercial driveways. Commercial driveways shall be on a 90 degree angle with roadway unless physical modification and/or directional signs are used to enforce intended one-way operations or restricted movements.
      (10)   Deceleration and acceleration lanes and tapers. Deceleration and acceleration lanes and tapers where warranted by either through traffic conditions or expected high driveway volumes shall be used to avoid the disruption in the flow of traffic.
(1993 Code, § 82-407) (Ord. passed 2-12-2001; Ord. passed 9-10-2001(3))
Editor's note:
   Ord. of Feb. 12, 2001, § 82-474, set out provisions intended for use as § 82-471. At the City Clerk's request, these provisions have been included as § 82-407.

§ 82-408 MARGINAL SERVICE ROADS; INTENT.

   Marginal service roads may be required by the Planning Commission, after consultation with the traffic engineer, when it is determined by the Commission that an excessive number of ingress and egress roads may occur with relation to a major or secondary thoroughfare and that reducing the number of points of access to the thoroughfare is in the best interest of the city. Unless the property owner demonstrates that an alternative design would be in the public interest, as determined by the Planning Commission, marginal service roads may be required.
(1993 Code, § 82-408) (Ord. passed 2-25-1991; Ord. passed 5-14-2001; Ord. passed 3-11-2002(1))

§ 82-409 MARGINAL SERVICE ROADS; REQUIRED CONDITIONS.

   Uses permitted in this chapter shall be subject to the following conditions.
      (1)   In those instances where the Planning Commission finds that an excessive number of ingress or egress points may occur with relation to major or secondary thoroughfares, the Commission may require marginal service roads and, to assure adequate traffic circulation on the site, may require the development of parking so that contiguous lots on abutting properties will allow traffic circulation from 1 property to another without re-entering the public thoroughfare.
      (2)   The pavement of the marginal service road shall be located 10 feet from the future right-of- way line of the thoroughfare and shall be at least 24 feet wide except in the situation where existing adjacent parking lots are to be connected by way of a common maneuvering lane and a greater width cannot be provided, the such service road shall be at least 22 feet in width. Said service road shall be an easement which will permit the use of the service road for traffic circulation from 1 property to another. Said easement shall be in a written form acceptable to the City Council prior to the issuance of a building permit and shall run with the land and benefit/burden the heirs, assigns and transferees of the properties to be served by the drives. No permanent structures shall be permitted within the easements. Each property owner shall be responsible for maintenance of the easement so that it remains usable as a means of getting from 1 property to another. The Street Administrator will cause the service road to be maintained if the property owner fails in his responsibility, and all costs will be charged to the property and added to the taxes if not paid. The easement shall be recorded with the County Register of Deeds.
      (3)   Building permits for the property to be served by the marginal service roads shall not be issued unless and until such drives have been completed, or a performance guarantee has been posted with the city for such purposes.
      (4)   When marginal service roads are required, the Planning Commission shall require that the entire 24 foot area be paved up to the abutting properties. Backing from parking spaces onto the marginal service shall not be permitted. The site plan shall indicate the proposed elevation of the marginal access service road at the property line and the Street Administrator shall maintain a record of all marginal service road elevations so that their grades can be coordinated. Marginal service road elevations shall conform to elevations established by the Council or, if not so established, be not more than 1 foot above the elevation of the adjoining property. Marginal service roads shall meet construction specifications set by the Street Administrator based on current engineering practices and principals for the construction of base, pavement and draining facilities, and the like.
      (5)   The 10 foot setback area between the future road right-of-way and the service road shall be kept in grass and landscaped in accordance with plans approved by the Planning Commission.
      (6)   Temporary entrances and exits may be approved for individual sites provided money is placed in escrow to assure elimination of temporary entrances and exits. Building permits shall not be issued until monies have been deposited with the city.
      (7)   In determining which entrances and exits will be permanent and which will be temporary, the Planning Commission shall generally be guided by the requirements of § 82-407, access management standards.
(1993 Code, § 82-409) (Ord. passed 2-25-1991; Ord. passed 5-14-2001; Ord. passed 3-11-2002(l))