(a)

All required parking spaces shall be located on the same lot or tract as the building or use served unless shared or off-site parking is approved in accordance with section 82-328.

(b)

Required parking spaces shall not be permitted in a street right-of-way.

(c)

Required parking spaces shall be provided at the time any building or structure is erected, enlarged, or increased in capacity, or at such time any change in use is otherwise established.

(d)

Parking for existing uses shall not be reduced to less than the minimum amounts that would be required if the existing use or structure had been established or erected in full compliance with this article.

(e)

For any existing building, structure or use that is changed in use, the number of off-street parking spaces shall equal the number required in this article for the new use.

(f)

For any existing building, structure or use that is enlarged or expanded, additional parking spaces shall be provided for the area of enlargement or expansion in accordance with this article.

(g)

Accessible parking spaces shall be provided in compliance with the Americans with Disabilities Act (ADA), the state accessibility standards, and any federal regulations promulgated hereafter. This compliance shall include, but is not limited to, the designation of handicap parking spaces, and the provision of accessible routes. Construction documents as required for commercial construction shall be submitted to the state department of licensing and regulations (TDLR) for a state accessibility standards (TAS) review. An elimination of architectural barriers (EAB) number shall be submitted with documents when applying for permits.

(h)

A certificate of occupancy shall not be issued for any building site that does not comply with this article.

(i)

In all districts, required parking spaces and aisles shall not be used for:

(1)

Refuse containers;

(2)

Repair, storage, dismantling or servicing of motor vehicles;

(3)

Selling or leasing of motor vehicles;

(4)

Storage of materials or supplies; or

(5)

Any other use in conflict with the designated parking and loading areas (i.e. advertising or open storage of raw materials).

(j)

In all commercial districts except the NC neighborhood commercial district, off-street parking facilities shall be so arranged that in order to depart from the premises it shall not be necessary that any vehicle back into any public street right-of-way.

(k)

This article applies to all districts except R-1 residential district.

(Ord. No. 2005-05, § 4(17.11.010), 4-5-2005)

(a)

The minimum number of parking spaces required for various land uses shall be as set forth in the schedule below.

(b)

Any fractional number shall be rounded up to the nearest whole number in determining the number of required spaces.

(c)

Where requirements are established on the basis of the number of seats, such requirements shall be based on the maximum seating capacity permitted by applicable city building and/or fire codes. When determining seating capacity for a building, use, or structure utilizing bench seating, each 22 inches of bench shall be considered one seat.

(d)

Required parking for multitenant retail and/or office centers shall be calculated on the total building square footage of the center, in lieu of the sum of individual uses.

(e)

For mixed uses, the required number of parking spaces shall equal the sum of the requirements of each separate use.

(f)

The parking requirements mentioned in this section shall be the same as required for a use of similar nature. If a proposed use is not similar to any of the uses listed in this section, a determination shall be made by the planning and zoning commission in accordance with the requirements for the most closely related use specified in this section.

(Ord. No. 2005-05, § 4(17.11.020), 4-5-2005)

Required off-street parking for any number of separate uses may be combined in a joint parking facility under the conditions of this section, subject to the approval of a joint parking facility plan by the zoning administrator. Such joint parking facility plan shall be reviewed by the zoning administrator for conformance with this section.

(1)

Joint parking facility requirements. Whenever two or more uses are located together in a common building, shopping center, or other integrated building complex, the parking requirements may be complied with by providing a permanent, common parking facility, cooperatively established and operated, which contains the requisite number of spaces for each use. The joint parking facility shall be located within 300 feet from all uses, and shall not be separated from such uses by arterial streets. The total number of spaces provided shall not be less than the sum of the individual requirements for all uses, unless otherwise permitted in this article. Spaces provided for any permanent residents of dwellings shall be clearly designated and separated from spaces provided for employees, customers and service personnel.

(2)

Multiple ownerships and structures. Where buildings, uses or structures participating in a joint parking facility are owned by multiple owners, each owner shall provide evidence of a permanent, legal instrument, approved by the city attorney, which guarantees such owner's rights to the use of the parking facility. Any termination of or amendment to such an agreement shall be subject to the prior approval of the city, which shall be approved only upon the establishment of a compliant alternate parking plan.

(3)

Churches. Churches may establish joint parking facilities with other uses that do not have a time conflict in parking demand. However, only 50 percent of a church's required parking spaces may be provided in this manner. In addition, such joint parking facilities shall be located no more than 400 feet from the church sanctuary.

(4)

Legal guarantee. Joint parking facilities shall guarantee the permanency of the joint use through an appropriate legal instrument, approved by the city attorney, and filed of record.

(Ord. No. 2005-05, § 4(17.11.030), 4-5-2005)

(a)

All parking stalls and drive aisles shall conform with the following minimum dimensions and requirements:

(1)

The minimum width for each parking stall shall be nine feet.

(2)

The minimum length for each parking stall shall be 18 feet.

(3)

No portion of the minimum parking stall dimensions may project into the minimum drive aisle width.

(4)

The minimum length for a parallel parking stall shall be 23 feet.

(5)

The minimum drive aisle width shall conform to the following schedule based upon the angle of parking:

(b)

All parking shall be delineated by painted lines, curbs, or other means to indicate individual spaces. Traffic control signs and other pavement markings shall be subject to the approval of the zoning administrator.

(c)

All parking lot surfaces and curb striping shall be maintained in good condition at all times.

(d)

Placement, signing, and markings for fire zones shall be approved by the fire marshal/zoning administrator.

(e)

Placement, signing, and markings for handicap facilities shall meet ADA requirements and state accessibility standards and are subject to approval by the zoning administrator.

(f)

Pedestrian access between parking areas and the building or use site to which such parking spaces are assigned shall meet minimum ADA requirements.

(g)

Parking lots shall be designed to physically prevent any portion of a vehicle from encroaching into or overhanging any public or private property line, sidewalk, or pedestrian walkway by means of a permanently installed curb, wall, or other physical barrier.

(h)

The proposed materials, grading and drainage for off-street parking facilities shall bear the seal of a registered professional engineer and shall be subject to the approval of the zoning administrator upon determining compliance with all applicable local, state and federal regulations.

(Ord. No. 2005-05, § 4(17.11.040), 4-5-2005)

(a)

In all commercial districts except the NC neighborhood commercial district, each parking stall shall have appropriate access to a street or alley, and the maneuvering and access aisle shall be sufficient to permit vehicles to enter and leave the parking area in a forward motion.

(b)

Paved driveways shall extend at a minimum to the property line or the end of the curb return, whichever is greater.

(c)

All two-way driveways from arterial and collector streets shall have ingress and egress lanes delineated by yellow painted lines and arrows, placed in accordance with state department of transportation (TXDOT) specifications.

(d)

Access and driveways shall comply with the dimension guidelines listed in this subsection unless special circumstances warrant variations as approved by the zoning administrator.

*On the side of driveway exposed to entry or exit by right-turning vehicles.

**Includes major and minor arterial streets.

(e)

The maximum number of driveways shall conform to the following table:

(Ord. No. 2005-05, § 4(17.11.050), 4-5-2005)

(a)

Drive-through window services. Uses that have drive-through window services, unless otherwise provided in this section, shall provide a minimum stacking distance of 160 feet, of which 80 feet shall be provided for any menu board, exclusive of any aisle or parking space. The following drive-in and drive-through facilities shall conform to the following requirements:

(b)

Process for reduction of stacking lengths; deviations. Minimum vehicle stacking requirements shall remain in force, unless an applicant can present a traffic study from a professional engineer that provides verifiable evidence to establish that reduction of these minimum stacking lengths will not create vehicular or pedestrian traffic hazards. Deviations from these requirements may be approved by the zoning administrator only upon such findings.

(c)

Conformance to stacking standards. Stacking for all uses shall conform to the following standards:

(1)

No stacking space may occupy any portion of a public right-of-way;

(2)

The minimum pavement lane width shall be 12 feet;

(3)

Stacking spaces shall not be used to satisfy any of the off-street parking or loading requirements;

(4)

Stacking lanes shall not interfere with parking spaces, parking aisles, loading areas, internal site circulation, or driveways; and

(5)

A 12-foot bypass lane shall be provided adjacent to the stacking lane to allow vehicles to circumvent the drive-through lane.

(d)

Child training and day care establishment requirements. Child training and day care establishments shall provide one paved off-street loading and unloading space for an automobile on a through circular drive, with a pass-by lane for each ten students.

(Ord. No. 2005-05, § 4(17.11.060), 4-5-2005)

(a)

Parking setbacks and required landscaping.

(1)

Required setbacks for parking areas abutting public rights-of-way or waterways. Parking and loading facilities, and all other areas upon which motor vehicles may be located that front along a public street, public sidewalk, public pathway, or waterway, shall comply with the following standards:

a.

Parking areas in the NC neighborhood commercial district shall be set back a minimum of six feet from any property line abutting a street right-of-way;

b.

Parking areas in all other commercial districts shall be set back a minimum of ten feet from all property lines abutting a street right-of-way or waterway. In facilities requiring more than 50 parking spaces, the parking setback shall be 15 feet. In facilities requiring more than 100 parking spaces, the parking setback shall be 25 feet;

c.

All yards lying between the parking areas and all lot lines abutting a public right-of-way or waterway that are not improved shall consist entirely of planting materials specified in subsection (a)(3) of this section.

(2)

Side and rear yard required landscaping/screening. Parking lot side and rear yard setbacks shall meet the minimum required yard. Any parking lot or vehicle use area in a side or rear yard (not abutting a public right-of-way or waterway) that abuts a residential use or property restricted to single family use shall comply with the following screening requirements. Setback areas shall serve as buffers between the parking areas and abutting properties, and shall consist entirely of planting materials as specified in subsection (a)(3) of this section. In addition, opaque fencing may be required to screen abutting properties from the effects of light and noise if the use is of such nature that an unreasonable amount of light and noise will be cast to the adjacent residential use. This determination will be made by the zoning administrator.

(3)

Shade tree and shrub requirements. One shade tree shall be located in the yard for each 30 feet of frontage or fraction thereof as measured along the lot lines. Each required tree must be planted in a landscaped area of at least six feet by six feet by 36 inches deep. Trees located below overhead utility facilities shall be of a species that do not exceed 30 feet in height upon maturity. One shrub that will grow between two and four feet in height shall be located in the yard for each five feet of frontage. At the discretion of the owner, trees and shrubs may be spaced at random or regular intervals. The remaining area shall consist of plantings other than lawn grasses.

(4)

All parking areas shall have clearly defined exit(s)/entry which shall be sized according to the charts in section 82-330. All parking setback areas that are not parking area entries or exits shall be landscaped according to the requirements listed in this section.

(b)

Islands and required landscaping. Any premises containing a parking lot that has more than ten parking spaces shall comply with the following landscaping requirements:

(1)

A landscaped area with at least 150 square feet shall be provided with the parking lot for each ten parking spaces, or fraction thereof. Landscaped areas or islands shall be a minimum of six feet in width in parking facilities of 50 or less parking spaces. In facilities of greater than 50 parking spaces, islands shall be at least ten feet in width. These landscaped islands are to be evenly dispersed throughout the parking lot.

(2)

Rows of parking spaces shall be provided two terminal islands to protect parked vehicles, confine moving traffic to aisles and driveways, and provide space for landscaping.

(3)

Required island landscaping. At least one shade tree shall be provided for each required landscaped area or island. A minimum of ten shrubs that will grow between two and four feet in height shall be provided for each landscaped area or island. The remaining portion of the area or island shall be landscaped with plant materials other than lawn grasses.

(c)

Other screening requirements.

(1)

A reasonable attempt shall be made to screen refuse containers from public view.

(2)

Exterior ground- or building-mounted equipment (including, but not limited to, mechanical equipment, utilities, meter banks, and coolers) shall be screened from public view with landscaping or an architectural treatment compatible with the building architecture, but shall be located so as to be accessible to utility, repair, fire, and emergency personnel.

(d)

Acceptable trees; mature height; planting height; species.

(1)

Required trees may include those already existing on the site, those to be cultivated, or a combination thereof, if otherwise in compliance with this section.

(2)

At least half of the trees required shall be of a species characterized by moderate growth and expected to reach a mature height of greater than 30 feet.

(3)

When planted, trees shall be a minimum of six feet in height in parking lots containing fewer than 50 parking spaces. In parking lots containing 50 or more parking spaces, cultivated trees shall be a minimum of ten feet in height when planted and shall have a trunk diameter of at least two inches at a height of four feet above grade.

(4)

No one species may account for greater than half of all the trees planted within a parking lot.

(5)

Tree species shall be selected from Clear Lake Shores Guidelines for the Selection of Trees for Planting. The city recommends that, when shrubberies are required, species native to the area be selected to aid in providing habitat and food for migratory and resident birds.

(e)

Maintenance. To ensure that all requirements set forth in this section are carried forward, it shall be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after the initial approval of the parking area layout shall changes be made in the location and number of provided spaces without the approval of the zoning administrator. In addition, all parking plans as required by this chapter shall include a maintenance plan or provisions that ensure compliance with the following:

(1)

All plant growth in landscaped areas shall be controlled by pruning, trimming, or other suitable methods so that plant materials do not interfere with public utilities, restrict pedestrian or vehicular access, or otherwise constitute a traffic or safety hazard;

(2)

All plantings shall be maintained in a manner so as to promote optimum growth of plant materials;

(3)

All trees, shrubs, ground covers and other plant materials shall be replaced if they die or become unhealthy because of accidents, drainage problems, disease or other cause. All such replacements shall conform to the standards that govern the original installation of plantings. Where no such standards exist, new plantings shall match the replaced materials in type, species and quantity;

(4)

All plantings, surfacing, lighting, barriers, markings and other materials shall be repaired or replaced with new materials to ensure continued compliance with the provisions of this chapter. Failure to maintain these features shall be considered a violation of this chapter.

(Ord. No. 2005-05, § 4(17.11.070), 4-5-2005)

(a)

The purpose of this section is to protect the health, safety and welfare of the citizens of the city and to reduce the occurrence of nuisance lighting and unwanted light trespass.

(b)

This section shall apply to all properties within the city.

(Ord. No. 2008-12, § 3, 1-6-2009)

Editor's note— Ord. No. 2008-12, §§ 2, 3, adopted Jan. 6, 2009, deleted the former sec. 82-333, and enacted a new sec. 82-333 as set out herein. The former sec. 82-333 pertained to lighting and derived from Ord. No. 2005-05, § 4(17.11.080), adopted April 5, 2005.

The following words and phrases shall have the meanings prescribed to them in the following definitions, except where the context clearly indicates otherwise:

(1)

Lamp or bulb shall mean any source of light.

(2)

Light fixture shall mean the assembly that holds or contains a lamp or bulb.

(3)

Floodlight shall mean a light fixture having a wide beam.

(4)

Spotlight shall mean a light fixture having a narrow beam.

(5)

Wall pack shall mean a floodlight mounted on the wall of a building or other structure.

(6)

Axis of illumination shall mean the midline of the beam of light emitted by a light fixture.

(7)

Illuminance shall mean the intensity of light in a specified direction measured at a specified point.

(8)

Lumen shall mean the unit of luminous flux, the total amount of light falling uniformly on or passing through an area of one square foot, each point of which is one foot from a one candela source, yielding an illuminance of one footcandle at that distance.

(9)

Candela shall mean the unit of measurement of the intensity of a point of source of light, approximately equal to one candle power.

(10)

Footcandle shall mean the illuminance measured from a one candela source.

(11)

Glare shall mean the visual discomfort or impairment caused by a bright source of light in a direction near one's line of sight.

(12)

Light trespass shall mean unwanted light falling on public or private property, including water, from an external location.

(13)

Light pollution shall mean the night sky glow caused by scattered artificial light emitted upward from light fixtures.

(14)

Area lighting shall mean light fixtures such as guard lights located on public or private property that are designed to light spaces, including but not limited to parks, parking lots and sales lots.

(Ord. No. 2008-12, § 4, 1-6-2009)

(a)

All outside lights governed by the ordinance from which this section derives, shall be directed or hooded so that their rays are focused toward the ground and away from adjacent property or streets.

(b)

Light fixtures on properties located within the districts covered by this section shall comply with the following criteria:

(1)

Light from spotlights, floodlights, and wall packs shall not trespass over existing property lines. The use of shields, deflectors or hoods shall be required to prevent light from spotlights, floodlights and wall packs from extending across property lines.

(2)

For spotlights and floodlights mounted at or near ground level and used to light a building, billboard, or other structure, the axis of illumination shall be adjusted to minimize the amount of light escaping above.

(3)

Wall packs shall be adjusted to minimize the amount of light emitted above the horizontal.

(c)

Mercury vapor fixtures are prohibited.

(Ord. No. 2008-12, § 5, 1-6-2009)

Existing light fixtures installed on the effective date of the ordinance from which this section derives, may continue in service through the remainder of their useful lives. Any modifications to or replacements of existing light fixtures, other than the routine replacement of bulbs, shall comply with section 82-335 above.

(Ord. No. 2008-12, § 6, 1-6-2009)

(a)

An outdoor lighting project reasonably expected to utilize 100,000 lumens or more in the aggregate shall file a lighting plan with the designated city official. A lighting plan shall be filed at the same time an application for building permit is filed and shall specify the following information, as a minimum:

(1)

The number and type of light fixtures to be used;

(2)

The output of each light fixture in lumens; and

(3)

Photometric data from the manufacturer of the light fixtures showing spatial distribution of the output of the proposed fixtures.

(b)

The designated city official shall review the lighting plan, taking into account factors including, but not limited to, levels of illuminance, glare, safety hazards, light trespass and light pollution. The designated city official shall approve or reject the lighting plan within 30 days of its submission, providing a detailed explanation if the lighting plan is rejected.

(Ord. No. 2008-12, § 7, 1-6-2009)

The provisions of this section shall not apply to the following:

(1)

Decorative holiday lighting between November 15 and January 15;

(2)

Lighting required by law to be installed on surface vehicles and aircraft;

(3)

Airport lighting required by law;

(4)

Temporary emergency lighting; and

(5)

Temporary lighting other than security lighting at construction projects.

(Ord. No. 2008-12, § 8, 1-6-2009)