Clear Lake City Zoning Code
165.33 OFF-STREET
PARKING REQUIREMENTS.
When required or provided, off-street parking and stacking spaces, aisles and drives shall be provided and maintained in compliance with the following requirements:
1. Required Number of Off-Street Parking Spaces. In all zones there shall be provided prior to the occupation of a building or commencement of a principal use a minimum number of off-street parking and stacking spaces as follows:
Principal Use | Zone | Number of Spaces |
Residential Uses: | ||
Bed and breakfast home | where permitted | 1 space for each guest unit in addition to the 2 spaces for the homeowner |
Bed and breakfast inn | where permitted | 1 1/4 space for each guest unit |
Family care facility (family homes) | where permitted | 4 |
Hotels and motels | where permitted, except CB-1: | 1 1/4 spaces for each guest unit |
CB-1: | Parking spaces shall be furnished by providing spaces within a publicly owned parking facility located within 300 feet of the hotel or motel, as specified by a written agreement between the owner of the hotel and the owner of the parking facility; or 1 1/4 spaces for each guest unit on the same lot as the use served or within 300 feet. | |
Manufactured, mobile and modular homes | RFBH | 2 spaces for each home |
Multi-family dwelling | where permitted | 2 spaces for each dwelling |
Multi-family dwellings (elderly housing) | where permitted,except CB-1: | 1 space for each dwelling unit |
CB-1: | 1 space for each 4 dwelling units | |
Rooming houses and apartment hotels | where permitted | 1 space for each 200 square feet of floor area |
Single-family dwelling, duplexes and townhouse units | where permitted | 2 spaces for each dwelling unit |
Transient housing | where permitted | 1/4 space per occupant, based on the maximum number of occupants |
Commercial Uses: | ||
Automobile laundries (car washes) | where permitted | Stacking spaces equal in number to 5 times the maximum capacity of the automobile laundry for each wash rack (bay or tunnel) or 3 times the maximum capacity for 1 coin operated laundry for each wash rack; in addition, 1 space for each 2 wash racks. “Maximum capacity” in this instance means the greatest number of automobiles undergoing some phase of laundering at the same time. |
Automobile gasoline and service stations | where permitted | 1 space for each island of pumps and each service stall plus 1 stacking space for each 4 pumps and service stall. Parking spaces shall be provided in lieu of stacking spaces in instances where egress from a facility would require a motor vehicle waiting for entry to be moved. |
Automobile repair garages | where permitted | 1 space for each 300 square feet |
Banks, savings and loan institutions and credit unions | where permitted | 1 space for each 200 square feet of floor area. Drive-in establishments shall, in addition, provide 6 stacking spaces per external teller or customer service window designed for drive-in service but need not exceed 18 total spaces. |
Funeral homes | where permitted | Spaces equal in number to 1/2 the occupant load in the chapel. |
Principal Use | Zone | Number of Spaces |
Commercial Uses (continued): Furniture, major appliance and floor covering stores and repair shops | where permitted | 1 space for each 500 square feet of floor area |
Grocery stores and supermarkets | where permitted | 1 space for each 180 square feet of floor area |
Laundry and dry cleaning establishments (coin operated) | where permitted | 1 space for each 2 laundry and/or dry cleaning machines |
Laundry and dry cleaning establishments and collection stations | where permitted | 1 space for each 300 square feet of floor area |
Machinery sales | where permitted | 1 space for each 800 square feet of floor area |
Motor vehicle sales and rentals | where permitted | 1 space for each 500 square feet of floor area |
Offices | where permitted | 1 space for each 200 square feet of floor area |
Offices – clinics | where permitted | 2 spaces for each office, examining room and treatment room provided, however , there shall not be less than five spaces |
Personal service business – beauty parlors, barber shops | where permitted | 2 spaces for each barber or beauty parlor chair |
Personal service business – other than listed | where permitted | 1 space for each 150 square feet of floor area |
Photographic studios | where permitted | 2 spaces for each office, studio and reception area, provided that there shall be no less than 5 spaces |
Rental agencies – equipment and supplies | where permitted | 1 space for each 500 square feet of interior and exterior storage area for rental supplies and equipment |
Restaurants and establishments dispensing food or beverages for consumption on the premises | where permitted | 1 space for each 150 square feet of floor area, or parking spaces equal in number to one-third the occupant load of the seating area, whichever is less |
Restaurants - drivein | where permitted | 1 space for each 50 square feet of floor area, but not less than 5 spaces |
Retail stores and shops (other than listed) | where permitted | 1 space for each 200 square feet of retail floor area |
Studios and stations, radio and television | where permitted | 1 space for each 400 square feet of floor area |
Industrial Uses: | ||
Contractor and construction establishments & yards | where permitted | Sum total of spaces to be determined on the basis of the parking spaces required for uses individually, such as office area and warehouse space |
Junk yards | where permitted | Sum total of spaces to be determined on the basis of the parking spaces required for uses individually, such as office area and garage space |
Laboratories - research, development & testing | where permitted | 1 space for each 600 square feet of floor area |
Manufacturing or establishments engaged in production, processing, packing and crating, cleaning, servicing or repair of materials, good or products | where permitted | 1 space for each 600 square feet of floor area |
Motor and railroad freight terminals; cartage, express and parcel delivery | where permitted | 1 space for each 800 square feet of floor area |
Printing and publishing establishments | where permitted | 1 space for each 300 square feet of floor area |
Warehouses up to 25,000 square feet | where permitted | 1 space for each 1,000 square feet to a maximum of 5 |
Warehouses over 25,000 square feet | where permitted | 5 spaces plus 1 additional for each 5,000 square feet above 25,000 |
Principal Use | Zone | Number of Spaces |
Institutional Uses | ||
Civic, cultural and historical institutional | where permitted | 1 space for each 800 square feet of floor area used or intended to be used by the public |
Homes: children’s, aged, convalescent, rest and nursing homes and group care facilities | where permitted | For group care facilities and children’s homes, 1 space for each staff member determined by the maximum number of staff present at any one time, and 1 parking space for every 2 occupants; for other uses, 1 space for each 3 beds |
Hospitals, including sanitariums and asylums | where permitted | 1 3/4 spaces for each hospital bed |
Schools: generalized private instruction, elementary and junior high and specialized private instruction | where permitted | 2 spaces for each classroom |
Schools: generalized private instruction senior high | where permitted | 10 spaces for each classroom |
Schools: daycare center and preschool | where permitted | 1 space for each 6 children |
Places of Assembly, Worship, Recreation, Entertainment and Amusement: | ||
Bowling alleys | where permitted | 4 spaces for each alley |
Clubs and lodges | where permitted | Spaces equal in number to 1/3 of the occupant load of the lodge or meeting room or the largest room in the building, whichever is greater |
Spectator-type establishment: auditoriums, sports arenas, theaters, stadiums and meeting halls | where permitted | Spaces equal in number to 1/4 the occupant load of the seating area |
Participation type establishment: skating rinks, dance halls, tennis courts, swimming pools, archery ranges, gymnasiums, pool halls | where permitted | Spaces equal in number to 2/3 the occupant load of the area used for the participatory sport or activity |
Golf course | where permitted | 3 spaces for each green (hole) |
Golf driving range | where permitted | 1 space for each tee, if provided, or 1 space for each 20 feet of range width (along the tees) |
Libraries, museums and art galleries | where permitted | 1 space for each 300 square feet of floor area |
Religious institutions | where permitted | Spaces equal in number to 1/6 the occupant load in main auditorium or the largest room in the building, whichever is greater |
Other Uses: For uses not listed, parking spaces shall be provided on the same basis as required for the most similar listed use as determined by the Building Official. | ||
2. General Rules Applicable to Off-Street Parking. The following rules shall govern in the design, location and number of off-street parking and stacking spaces, aisles and drives.
A. Where a fractional space results, the number of parking and stacking spaces required is the closest whole number.
B. Whenever a use existing prior to the effective date of this chapter is enlarged to the extent of less than fifty percent (50%) in floor area, the addition or enlargement shall comply with the parking requirements set forth herein.
C. Whenever a building existing prior to the effective date of this chapter is structurally altered by one or more additions, the sum total of which increases the floor area to the extent of 50% or more, the uses contained within the original building and all enlargements shall thereafter comply with the parking requirements set forth herein.
D. A use existing prior to the effective date of this chapter, for which the current required number of parking or stacking spaces is not provided, may be converted to another use without full compliance with the required number of parking or stacking spaces, provided that:
(1) If subsection 1 of this section would require a greater number of parking or stacking spaces for the converted use than were required for the established use, the increased number of parking or stacking spaces shall be provided in compliance with subsection 3.
(2) In addition to the number of spaces required under subparagraph (1), or if subparagraph (1) is not applicable, as many additional spaces shall be provided as the lot will accommodate.
E. In the case of mixed uses, the parking and stacking spaces required shall equal the sum of the requirements of the various uses computed separately.
F. The storage of merchandise, materials, equipment, refuse containers, obsolete or junk vehicles, or the major repair of vehicles is prohibited in required off-street parking and stacking spaces.
G. Prior to the issuance of a Certificate of Occupancy as provided in Section 165.47, all parking and stacking spaces, drives and aisles shall, as provided in paragraph 3(A) of this section, be paved with concrete, asphalt or a similar dust-free surface; except that the Building Official may issue a temporary Certificate of Occupancy in those instances where the Building Official finds that the paving cannot reasonably be completed due to adverse weather conditions or settling of land on the site after demolition or filling. A temporary Certificate of Occupancy shall be effective only to a date specific, and, as a condition to issuance of such a temporary certificate, the property owner shall place in an escrow account, established with the City, an amount which shall cover 110 percent of the anticipated cost of paving.
3. Construction, Design and Location Requirements.
A. Construction. All parking and stacking spaces, drives and aisles shall be constructed of asphalt, concrete or similar permanent dust-free surface.
B. Design. Except for single-family dwellings (including zero lot line and townhouse units) and duplexes, parking and stacking spaces, aisles and drives shall be designated as follows (except as required by the 1991 Americans With Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities):
(1) Parking areas shall have the minimum dimensions illustrated in Figure 5 for each of the parking configurations permitted (where the edges of parking spaces are curved, as on a curved aisle, all angles shall be measured between the straight edges of the parking spaces and tangents to the curved edges at their point of intersection).
(2) Up to ten percent (10%) of the required number of parking spaces may be eight (8) feet in width by fifteen (15) feet in length if the parking spaces are signed “Compact Vehicles Only.”
(3) All parking spaces shall be connected to an aisle which shall have a minimum width as indicated in Figure 5. Aisles designed for two-way traffic shall have a minimum width of twenty-six (26) feet.
(4) The greatest aisle width shown in Figure 5 shall be provided when combining different parking space configurations on the same aisle.
(5) Parking spaces shall be designed to permit ingress and egress of the vehicle without moving any other vehicle occupying a parking space. For single-family dwellings (including zero lot line and townhouse units) and duplexes, when located pursuant to the requirements of this chapter, one space may be behind another.
(6) No parking area shall be designed in such a manner that exiting a parking area would require backing into a street.
(7) If the number of parking spaces required or provided for a use or a combination of uses on a lot is greater than eight (8) spaces, none of those spaces may be located in such a manner that would require backing into an alley.
(8) Parking spaces along lot lines and alleys shall be provided with car stops or curbing so no part of a parked vehicle can extend beyond the lot line or into the alley (Figure 4). In addition, traffic islands of pervious or impervious material shall be located so that parking spaces are separated from drives and alleys in a manner similar to that illustrated in Figure 6.
(9) All parking spaces, stacking spaces, drives and aisles in parking areas shall be pitched or curbed and drained to prevent the flow of excess water from such areas onto streets and alleys which do not have adequate drainage facilities as determined by the City Engineer.
(10) In all parking areas required by this chapter, parking spaces shall be visibly delineated on the surface by painted or marked stripes.
(11) If two or more parking areas on a lot are connected by a drive, the parking areas shall be designed so that an aisle connected to more than twelve (12) parking spaces is not used as a drive in providing access to another parking area.
(12) A drive providing access to a parking area with more than 18 spaces shall be no less than 18 feet in width if designated for two-way traffic, or 10 feet in width if designated for one-way traffic.
C. Location. Parking spaces, aisles and drives shall be located as follows:
(1) Off-street parking and stacking spaces, aisles and drives shall be located on the same lot as the use served except as provided in subsection 4 of this section (Off-Street Parking Located on a Separate Lot).
(2) In all R Zones, except for zero lot line dwellings, and in all other zones abutting an R Zone, drives and aisles shall not be located closer than three (3) feet to a lot line or an R Zone boundary unless pitched or curbed and drained to prevent the flow of water onto adjoining property or unless a drainage course has been established along lot lines for the purpose of storm water runoff.
(3) A parking area in a C or I Zone shall not be located closer than five (5) feet to an R Zone boundary; except an existing nonconforming parking area with a permanent, dust-free surface may be located within five (5) feet of an R Zone boundary if the parking area is screened from view within the R Zone by a solid fence of durable construction which complies with the regulations of Sections 165.43(8) and 165.36.
(4) Except for single-family dwellings (including zero lot line and townhouse units) and duplexes, no parking space shall be located closer than five (5) feet to a ground floor doorway or a window of a dwelling unit.
(5) Except as provided below, in R Zones and in the C and I Zones within 50 feet of an R Zone, no parking shall be permitted in the front yard.
(6) For detached single-family dwellings in the R Zones, one (1) of the required parking spaces may be provided in the front yard on a regularly constructed aisle provided that not less than 50% of the front yard area shall remain in open space free of impervious surface.
(7) For zero lot line dwellings, duplexes and family care facilities, two (2) of the required parking spaces may be provided in the front yard on a regularly constructed aisle provided that not less than 50% of the front yard area shall remain in open space free of impervious surface.
(8) In the OBP Zone, only 10% of the required number of parking spaces may be located in the front yard not closer than 50 feet to a street.
(9) Where the paved surface of a street is narrower in width, four (4) of the parking spaces required by Chapter 166 (Subdivisions) may be located in the front yard on a regularly constructed aisle.
(10) Side Yard. Except for single- and two-family dwellings or where two lots share the same parking and stacking spaces, drives and aisles pursuant to subsection 4, no parking spaces, aisles or drives shall be permitted in that portion of the required side yard which is contiguous to the principal building on a lot.
(11) Rear Yard. Parking and stacking spaces, drives and aisles may be provided in the rear yard.
4. Off-Street Parking Located on a Separate Lot. Off-street parking and stacking spaces, aisles and drives may be located on a separate lot from the use served provided a conditional use is granted by the Board of Adjustment and that the following conditions are met:
A. Special Location Plan. A special location plan shall be filed with the Board by the owners of the entire land area to be included within the special location plan and shall contain such information deemed necessary to comply with the requirements herein. A covenant running with the land area shall be submitted with the special location plan stating that individual lots shall not be sold separately. In addition, evidence of property ownership shall be required.
B. Off-Street Parking Location.
(1) In R and C Zones, the nearest point of the parking area to the nearest point of the building that the parking area is required to serve shall not be greater than 300 feet.
(2) In I and OBP Zones, the nearest point of the parking area to the nearest point of the building that the parking area is required to serve shall not be greater than 600 feet.
C. Where off-street parking is used jointly by two (2) or more uses, the number of parking spaces shall be equal to the sum total of off-street parking space requirements of all such uses.
D. Up to 50% of the parking spaces required for commercial recreational uses, clubs, schools or restaurants and up to 100% for a religious institution may be shared by financial institutions, offices, retail establishments, repair shops, personal service establishments and similar uses not normally open, used or operated during the same hours.
E. A written agreement properly executed by the owners within the area of the special location plan assuring the retention of the parking and stacking spaces, aisles and drives and binding upon their successors and assigns shall be submitted with the special location plan as a covenant running with the land.
F. In instances where a use is within 600 feet of a City-owned parking area, up to 50% of the required number of parking spaces may be provided in the parking facility. When a use abuts a City-owned parking area, up to 100% of the required number of parking spaces may be provided in the parking facility. In the instance where an applicant wishes to provide off-street parking in a City-owned parking facility, the Council shall substantiate that, with the addition of the number of cars for a use accommodated in the facility, the capacity of the parking facility will not be exceeded.
G. In assessing an application for a conditional use, the Board shall consider the desirability of the location of off-street parking and stacking spaces, aisles and drives, on a lot separate from the use served in terms of pedestrian and vehicular traffic safety and any detrimental effects such off-street parking and stacking spaces, aisles and drives may have on adjacent property.
5. Screening Requirements. In addition to the applicable requirements for screening of Section 165.43(8), the following screening requirements in connection with parking areas shall be met:
A. Where a parking area is provided on a lot within 50 feet of an abutting lot with a residential use which requires four (4) or fewer parking spaces, the portion of the parking area within 50 feet of the abutting lot shall be screened from view within the abutting lot or at such time as provided in Section 165.43(8).
B. Where a parking area is provided on a lot within 100 feet across the street from a lot with a residential use which requires four (4) or fewer parking spaces, the portion of the parking area within 100 feet shall be screened from view within the lot or at such time as provided in Section 165.43(8).
C. The materials for screening and the placement shall comply with the regulations of Section 165.43(8).
D. The Board of Adjustment may grant a conditional use to modify the screening requirements when a parking area requires screening as provided in paragraphs A and B above, when neither the lot on which the parking area is located and the lot abutting or across the street are zoned RS. The conditional use shall be subject to all the requirements of Section 165.52(5) and may only be granted when the applicant can demonstrate that modification of screening requirements would better serve the public interest than would strict compliance with said requirements. Public interest may include but is not limited to reasons of public safety or aesthetics. In no case shall a conditional use be granted to modify the screening requirements for a lot abutting or across the street from a lot in an RS Zone.
6. Off-Street Parking in the CB-1 Zone. Except as otherwise provided, off-street parking in the CB-1 Zone shall be permitted only after approval of a conditional use by the Board of Adjustment. The Board shall consider the impact of the proposed parking upon surrounding uses in relation to the following requirements:
A. Screening. In addition to the applicable requirements for screening of subsection 5 herein, where a parking area abuts a street it shall be separated therefrom by a solid fence, wall or coniferous hedge having a height of not less than three (3) feet or more than five (5) feet.
B. Access. Each entrance and exit to the parking area shall be constructed so that vehicles entering or leaving the parking area shall be clearly visible to a pedestrian on any sidewalks at a distance of not less than 10 feet (Figure 2).
C. Signs. Appropriate signs, including stop signs posted at the exits to streets, shall be provided.
7. Special Vehicle and Watercraft Parking and Storage.
A. Definitions. “Special vehicle” means every device, more than seven and one-half (7½) feet in height and more than twenty (20) feet in length, which is or may be transported or drawn upon a highway, street or body of water including, without limitation, any motor vehicle, truck, trailer, tractor, wagon, watercraft or any combination thereof exceeding these dimensions. “Storage area” means a space, equal in size to the outer perimeter of a special vehicle, used for storage of such a vehicle.
B. Except for the purpose of making local deliveries, no vehicle designed for the shipment of detonable or flammable solids, liquids or gasses shall be parked or stored on any lot in an R Zone.
C. Commercial vehicles more than 7½ feet in height shall not be stored in any residential zone.
D. In the RR-1, RS-5, RS-8 and RS-12 zones, special vehicle storage shall comply with the following requirements:
(1) No special vehicle may be stored in a front yard, except on a regularly constructed drive, aisle or parking space for a period of no more than four days for the purpose of loading and unloading.
(2) A special vehicle may be stored inside any building provided it is not stored in a required parking space.
(3) A special vehicle stored outside a building shall:
(a) Belong to the owner or tenant of the property on which the vehicle is located, except for special vehicles of guests, as provided in subparagraph (c) below.
(b) Be in operational condition and properly licensed as required by State or Federal law.
(c) Not be used for dwelling purposes except by guests of the property owner or tenant for a period of no more than 21 consecutive days or 45 days in any calendar year (an extension may be approved by the Building Official).
(d) Not be used for storage of items other than those considered to be part of the unit.
(e) Not be parked or stored upon a vacant residential lot.
(4) A special vehicle may be stored outside a building in the required side yard (except along a street) or in a required rear yard, provided:
(a) The vehicle is no closer than five (5) feet to a side lot line, or to a rear lot line of a reversed corner lot.
(b) The storage area is surfaced with crushed rock, asphalt, concrete, or a similar surface designed and maintained to prevent muddy conditions, erosion, the flow of water onto adjoining property and weed growth. In cases where crushed rock is used, the perimeter of such storage area shall be defined by bricks, railroad ties or similar materials.
(c) No more than 30% of a required rear yard may be occupied by accessory structures and a special vehicle storage area.
(5) The Building Official may permit outside storage of a special vehicle in the required front yard or the required side yard along a street, provided:
(a) Storage space is not available in or there is no access to either the side or rear yard. For purposes of this subparagraph (5), a corner lot shall always be deemed to have access to the rear yard; and accessory structures and buildings less than 160 square feet in area, or vegetation which is transplantable are not deemed to prevent access.
(b) Inside storage is not possible because the size of the special vehicle exceeds either the space available or the size of the entrance available in any existing building, or both.
(c) A planting screen is planted and maintained in accordance with the Fence, Wall and Hedge Requirements, Section 165.36 and the Performance Requirements, Section 165.43(8).
(d) No part of the special vehicle extends beyond the property line or over public right-of-way.
(6) Nonconforming Storage Areas.
(a) A special vehicle owner or lessee may establish nonconforming status for a special vehicle storage area which, on the date of adoption of these regulations, is located in a required front yard, or the required side yard along a street, if it can be demonstrated that there is no access to either the side or rear yard. If access to either the side or rear yard is available, a nonconforming storage area shall be relocated to either the side yard or rear yard within two (2) years after passage of this regulation.
(b) Nonconforming status for a special vehicle storage area shall be established by submitting to the Building Official within 12 months after the date of adoption of these regulations a plot plan showing the location, design and size of the storage area and the surface material existing on the storage area.
(c) Should any property be sold, conveyed or transferred, the special vehicle storage area shall thereafter comply with the provisions of this section.
(d) Twelve (12) months after the date of adoption of these regulations, nonconforming status of existing special vehicle storage areas may not be established.
(e) A nonconforming special vehicle storage area which is not used for a period of one (1) year, for any reason, intentional or otherwise, shall not thereafter be permitted for special vehicle storage unless the area is brought into full compliance with these regulations.
8. Parking for Persons With Disabilities. Accessible parking spaces shall be provided in accordance with requirements of the 1991 Americans With Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities. Specific information about numbers, types, sizes and accessible routes to parking spaces for various facilities can be found in the ADA document.
9. Modification of Parking Requirements. Where it can be demonstrated that a specific use has such characteristics that the number of parking or stacking spaces required is too restrictive, the Board of Adjustment may grant a conditional use to allow not more than a 50% reduction and more for buildings placed on the National Register of Historic Places, in the required number of parking or stacking spaces.
