Clyde Village City Zoning Code
ARTICLE IX
Off-Street Parking and Loading
§ 190-42 Applicability.
A.
For every building hereafter erected, altered and extended or changed in use, there shall be provided off-street parking and loading spaces at least as set forth in this article.
B.
No use or structure fully in conformance with these requirements on the date of enactment of this chapter may reduce the amount of parking below the levels required.
C.
Existing uses or structures not conforming to the parking schedule may continue; provided, however, that any modification causing an increase in use of floor area, with or without structural modification, shall require the provision of parking and loading for only that net additional floor area.
D.
For purposes of interpretation, the determination of a change in use shall be based upon the uses enumerated in § 190-43 of this article. If such a change in use results in a greater required number of parking and loading spaces than what is present for an existing structure, then only the net increase in parking and loading shall be required. However, any off-site parking spaces associated with an existing use may not be automatically transferred to a new use unless approved pursuant to the requirements of this article.
E.
An unspecified use shall have the same parking ratio as the most closely similar use which is included in the schedule as determined by the Planning Board.
§ 190-43 Parking schedule.
The ratios listed below for each use are based upon the square footage of a structure's floor area, as defined herein. In calculating the required number of spaces, all fractional results shall be rounded to the next highest whole number. Site plan approval shall be reviewed by the Planning Board.
A.
Residential uses:
(1)
One-family and two-family dwelling units: at least two spaces and no more than four spaces for every dwelling unit.
(2)
Multiple-family dwelling units: at least 1.5 parking spaces for every dwelling unit.
(3)
Professional residence-offices: one parking space for each nonresident employee, plus one additional parking space for every 200 square feet of office space.
(4)
Home occupations, except Subsection A(3) above: as required by the Planning Board.
B.
Nonresidential uses:
(1)
Commercial residences: one space per employee, plus one space for every guest room.
(2)
Religious facilities: one space for every four seats in the main worship unit or one space per four persons to be accommodated.
(3)
Community centers: one space per four persons to be accommodated. Meeting/community rooms and reception halls and banquet facilities shall be included herewith.
(4)
Schools: five administrative spaces, plus for preschools, elementary and middle/junior high schools, two spaces per classroom; for high schools five spaces per classroom.
(5)
Day-care facilities: one space for each employee, plus one space for each five children.
(6)
Business, professional and medical offices: one parking space, plus one space for every 200 square feet of floor area.
(7)
General commercial and retail businesses: one parking space for every motor vehicle used directly in the business, plus one space for every 120 square feet of floor area.
(8)
Restaurants: one for every four seats or one space for every 100 square feet of customer floor area, whichever is greater.
(9)
Package-food restaurants or restaurants with drive-through service: one parking space for every four seats, plus five spaces if the customer floor area is less than 500 square feet or 10 spaces if the customer floor area is 500 or more square feet.
(10)
Industrial and wholesale businesses: one space for every motor vehicle used directly in the business, plus either one space for every 300 feet of nonwarehouse floor area and one space for every 900 square feet of warehouse floor area or one space for every two employees on the premises at the maximum shift, whichever is greater.
(11)
Outdoor recreation: as required by the Planning Board, based on a consideration of proposed use and type of programming, ages to be served and neighborhood orientation.
§ 190-44 Location of parking.
A.
On-site parking. The total number of required parking spaces shall be located on the same lot as the use for which they are intended to serve except as provided in Subsection B of this section. All on-site parking shall be designed and maintained in accordance with § 190-45.
B.
Off-site parking. In its site plan review, the Planning Board may allow parking requirements to be met in accordance with the provisions of Subsection B(1) and B(2) below.
(1)
For multiple-family dwellings and for all nonresidential uses, up to 100% of the required parking may be located off the lot occupied by the use or structure, provided that the proposed off-site parking area is:
(a)
Within the same or a less restrictive zone district as the site of the use or structure it is to serve, and the use of site as a parking area is compatible with and not detrimental to the surrounding properties.
(b)
Within 300 feet of the property lines of the principal site.
(c)
Dedicated in fee ownership by the occupant/owner of the principal site, controlled by deed covenant or subject to a long-term lease having a minimum period of 10 years.
(d)
Designed and maintained in compliance with the parking design standards as specified in this article and any applicable geometric controls of the zone district.
(e)
Provides a safe and convenient means of pedestrian access to and from the principal use site, and the Planning Board shall consider, but not be limited to, the evaluation of sidewalk adequacy, street crossings and driveways in the likely pedestrian path between the principal use site and the off-site parking location.
(f)
The principal use site complies satisfactorily with Subsection D of this section.
(2)
For nonresidential uses in the C-1 Zone District, up to 50% of the required parking may be located in on-street parking spaces, provided that such spaces are: [Refer to § 190-14L(4) for C-2.]
[Amended 10-18-1999 by L.L. No. 3-1999]
(a)
Within 200 feet of the front property line(s) or within the same block of the site, whichever is closer. For purposes of interpretation in determining the extent of the perimeter, a walking distance (likely pedestrian path) measurement and not direct-line measurement should be utilized. The same-block determination may extend along intersecting side streets. Within this established area parking may be located on both sides of a street, unless prohibited for access considerations by the Planning Board, who then may extend the parking perimeter up to an additional 100 feet in directions that do not require pedestrian street crossings.
(b)
Demonstrated to be part of a sufficient supply of available on-street parking spaces within the area established in Subsection B(2)(a) above and that the number of parking spaces needed to supplement the required parking will not cause the undue displacement of vehicles associated with other uses.
(c)
Located with respect to the principal use so that a safe and convenient means of pedestrian access is available, including but not limited to the provision of sidewalks and street crossings.
(d)
Located with respect to the travel lanes of the road such that any increase in activity of on-street parking spaces associated with the use will not interfere with the safe and efficient flow of traffic.
(e)
Not to be used for loading spaces unless allowed by § 190-36D for commercial vehicle storage or to supplement employee/other long-term parking needs associated with a use.
(f)
Officially established and maintained by the Village of Clyde.
C.
Shared parking. In its site plan review, the Planning Board may allow up to 100% of required parking spaces for a nonresidential use in any district to be shared with another nonresidential use and contained within the same parking area, subject to the following:
(1)
On-site, two or more uses on the same lot.
(a)
The total number of required parking spaces for at least one of the uses is fully provided on site.
(b)
A description of the nature of the uses proposed to share the parking is provided and documents that the actual or anticipated pattern of parking usage associated with each use do not substantially conflict. Overlapping hours of usage is permissible, provided that the peak demand hours for each use do not coincide.
(2)
Off-site:
(a)
Subject to the provisions of Subsection B(1) of this section.
(b)
If the proposed parking is the on-site parking for another use, then it shall have the total number of parking spaces required for the use occupying that site.
(c)
If the proposed parking is a parking lot, as defined in this chapter, and it is already shared by one or more other uses, then it must be demonstrated that there is an adequate supply of parking spaces and that the patterns of usage of all uses do not substantially conflict with each other.
D.
Findings necessary for off-site or shared parking. In addition to the criteria listed above, the following must also be shown: that the provision of the full amount of required parking on site is not practical, interfering with the optimal development of the site (such as causing elimination or reduction of buffers), results in poor internal circulation or creates excessive drainage to adjoining properties.
E.
Transfer of off-site parking rights (changes in use) shall require site plan review by the Planning Board.
F.
Loss or discontinuance of off-site parking shall require site plan review by the Planning Board.
§ 190-45 Parking area design standards.
A.
One- and two-family dwellings:
(1)
One- and two-family dwellings are exempt from all paving, screening and buffering requirements applicable to parking areas.
(2)
Within the yard area between the front of the residence and the public right-of-way, all vehicles must park in the established driveway. No vehicle may be parked on any landscaped portion of the yard. Any damage done by vehicles on the landscaped area must be repaired.
[Amended 5-7-1998 by L.L. No. 2-1998]
(3)
The driveway may extend from the front edge of the property through the front yard to the side or rear of the residence. The maximum width of the driveway at the street line shall be 26 feet. In no case may more than 50% of any front yard area be paved or used for driveways and off-street parking. The remainder of such front yard space shall be improved by lawn, trees, shrubs or other forms of landscaping.
[Amended 7-20-2022 by L.L. No. 6-2022]
(4)
No more than 25% of a lot may be paved with impervious material for the parking of vehicles.[1]
[Amended 7-20-2022 by L.L. No. 6-2022]
[1]
Editor's Note: Original Subsection A(5), pertaining to commercial vehicles, which immediately followed this subsection, was repealed 4-19-2001 by L.L. No. 1-2001.
(5)
Residential parking adjacent to the street edge and between the sidewalk and curb/gutter shall be allowed only by permission of the Village Board contingent upon the following:
[Added 7-20-2022 by L.L. No. 6-2022]
(a)
Adequate parking and standing space are neither available nor attainable within the property lines of the parcel adjoining the sidewalk. However, in no case shall a parking area be provided for a property that has sufficient space for a driveway capable of accommodating four cars for a single-family or eight cars for a two-family residence.
(b)
Adequate distance shall be available between the curb and sidewalk to allow parking with no intrusion nor obstruction to clear passage on either the street or sidewalk.
(c)
The residential parking area, used for parking or standing, shall be installed and maintained by the owner of the parcel adjoining the sidewalk, and the surface shall be of asphalt or concrete. Any public utility component, sign or other infrastructure required to be removed or relocated shall be done at the adjacent property owner's expense.
(d)
The maximum depth of the residential parking area from the street edge shall not exceed 20 feet, and in no case shall the residential parking area extend over a public sidewalk or gutter.
(e)
The maximum width of the combined residential parking area and a driveway along the street shall not be more than 26 feet.
(6)
Extension of width authorized. The Village Board may authorize by resolution the extension of the maximum width of any driveway not more than 20 feet upon a showing that such extension is necessary for the preservation and enjoyment of substantial property rights and that such extension is not materially detrimental to the public welfare. Applications for extensions shall be in writing, signed by the owner of the lot affected or his or her agent duly authorized, and shall contain a statement of the reasons for such extension, and shall be filed with the Village Clerk, who shall present said application to the Board at its next regular meeting for consideration. The Village Board shall by resolution either grant or deny said application or may grant the same upon such conditions as the Board deems just and reasonable, which conditions shall be stated in the resolution.
[Added 7-20-2022 by L.L. No. 6-2022]
B.
Multiple-family dwellings and nonresidential uses:
(1)
Exemption. Parking facilities existing on the date of enactment of this chapter shall be exempt from compliance with these design standards unless a change of use has subsequently occurred or the Code Enforcement Officer has determined an unsafe condition exists and requires modifications to the parking.
(2)
Access and layout. The curb cut, driveway and parking area shall be designed so that all vehicle movements to and from the public right-of-way are in a forward direction. The layout of the parking area must permit entering and exiting without moving vehicle(s) parked in other spaces.
(3)
Entrances and exits. The location, number and width of each curb cut providing access to and from a public road shall be specified by the Planning Board, absent control by another jurisdiction. Curb cuts shall not be located within 20 feet of the nearest curb cut within the site itself or on any adjoining property; for properties less than 60 feet in width, the distance does not apply.
(4)
Driveways. Each driveway leading from the curb cut to the parking area shall have a suitable stacking area for the use, and the paved, area, exclusive of parking spaces, shall be a minimum of 10 feet in width for one-way traffic and 20 feet in width for two-way traffic up to a maximum of 24 feet unless required to be larger or smaller by another jurisdiction.
(5)
Location of parking. Parking spaces may not be located in a required front yard or in required buffer areas.
(6)
Landscaping and snow storage.
(a)
Buffers. A landscaped buffer shall be installed and maintained on all sides where a parking area abuts adjoining properties or public right-of-way, except as provided in Subsection B(6)(e) below. It shall have a minimum width of five feet measured inward from the property line, unless required to be larger by transition or special permit requirements. Decorative materials, including but not limited to plants, shrubs, trees, stone, brick, etc., may be placed in the buffer to delineate the buffer from the parking pavement and to enhance the appearance of the site.
(b)
Front yard visibility. No front yard buffer, including associated decorative materials, may exceed 2 1/2 feet in height above the grade. Trees are allowed, provided that they are trimmed to provide a seven-foot clearance to the lowest branches and the trees are no closer than 10 feet to edge of a driveway and 10 feet to the front property line.
(c)
Screening devices. On each side that a parking area abuts or faces upon a residential use or a residentially zoned property, the view of that parking area from the residential property or properties shall be effectively screened with an opaque fence or a dense planting of evergreens. Such screening shall be maintained within the property boundary at a height of six feet in the rear and side yard areas. [Refer to § 190-14R(3) and (4) for C-2 areas.]
[Amended 10-18-1999 by L.L. No. 3-1999]
(d)
Snow storage. Each parking lot or area shall provide for a system of snow removal and have sufficient on-site snow storage. Buffer areas may be used to store snow; however, snow may not be deposited in the front yard or in public right-of-way to a point that impairs visibility. The Planning Board may require the provision of additional snow storage areas.
(e)
Adjacent parking areas. Upon petition of adjoining nonresidential property owners, the Planning Board may reduce or eliminate a required side or rear yard buffer to interconnect adjacent parking lots; provided, however, that such approval would not be detrimental to the internal circulation of either parking lot and that adequate provisions for snow storage are provided.
(7)
Surfacing. All off-street parking areas and driveways shall be surfaced with an all-weather, dustless material and striped to delineate parking spaces. Wheel stops shall be provided where necessary to protect buffers, lighting standards, signs and other installations.
(8)
Lighting. Illumination shall be installed subject to the requirements of § 190-59. Hours of illumination shall be specified by the Planning Board.
(9)
Direction signage. See sign regulations, § 190-54C.
C.
Parking of commercial vehicles. Parking or storage of commercial vehicles, as defined herein, shall be prohibited on residential property within any district, except when:
[Added 4-19-2001 by L.L. No. 1-2001]
(1)
Such parking is for the customary delivery of goods and services to the premises, for a time frame not longer than is reasonably necessary.
(2)
The Village Planning Board has issued a special permit allowing such use, in accordance with the following standards:
(a)
Maximum size and weight. No such vehicle may exceed 26,000 pounds gross weight, nor more than 50 feet in length.
(b)
Parking area location. Parking areas shall be suitable for such use, shall be at least 10 feet from any building or property line, and shall not be between the sidewalk and curb or on any landscaped portion of any yard. No parking area shall be constructed above any underground structures such as septic systems, wells, or buried fuel tanks.
(c)
Parking area design. Parking area shall be sufficient to support the weight of the vehicle, and provide for ease of maintenance. Parking areas shall be paved with concrete, asphalt, gravel, or other suitable masonry material. Dirt drives shall be prohibited.
(d)
Screening of parking areas. Where appropriate, parking areas shall be appropriately screened or otherwise shielded from view. Such shielding may be in the form of plantings, berms, fencing, or other effects.
(e)
Lights and noise. No running lights, headlights, engine or machinery noise, or other objectionable effects shall be permitted, except when necessary for safety purposes.
(f)
Duration of parking. Such parking shall be for not longer than 72 hours in any seven-day period of time.
(g)
Disabled vehicles and equipment. Commercial vehicles or related equipment which are broken down, disabled, wrecked, junked, or otherwise physically or legally inoperable, or stored in such a manner as to not be readily operable, shall be prohibited.
(h)
Restriction on use. No such vehicle shall be used as sleeping, cooking or living space while parked on residential property. Commercial vehicles and related equipment shall not be used as permanent or temporary storage buildings, or for housing, nor for any purpose for which the vehicle was not designed, nor as a form of signage, except as expressly permitted elsewhere in this chapter.
(i)
Prohibition of certain cargoes. Except for customary delivery purposes, the following types of cargoes shall be prohibited to be stored on any residential property: flammable or combustible liquids, gases or other materials; explosives; poisons, compressed gases; materials posing an inhalation hazard; radioactive materials; cryogenic materials; hot or burning materials; garbage; combustible waste and refuse; uncovered, noncombustible scrap and junk; medical waste, manure, septic sludge, live animals, hay, or other cargoes with dangerous or objectionable characteristics.
§ 190-46 Loading facilities.
A.
Loading schedule. In accordance with § 190-42, all commercial buildings shall provide on-site space for loading and unloading trucks and other delivery vehicles as set forth below. In calculating the required number of spaces, all fractional results shall be rounded to the nearest whole number.
(1)
Wholesale, warehouse, freight and trucking uses: one off-street loading space for every 7,500 square feet of floor area, except that no area more than three such spaces shall be required for any single use.
(2)
All other business establishments:
(a)
One off-street loading space for every 10,000 square feet of floor area, except that no more than two such spaces shall be required for any single use.
(b)
For buildings under 2,500 square feet of floor area, the required loading may be in the required off-street parking area.
B.
Loading space dimensions. Each loading space shall be 12 feet in width by 40 feet in length with a clear height of 14 feet, unless otherwise specified by the Planning Board based on the type and size of delivery vehicles anticipated.
C.
Location. All loading spaces shall be located in the side or rear yard portions of a site and may not encroach into any buffer area or require the use of adjoining land for maneuvering.
D.
On-street loading. The Planning Board may allow a loading space to be established within the public right-of-way, provided that it is found that the provision of an on-site loading space is not practical and interferes with the optimal development of the site or parking area; and, further, the use of the on-street loading space is limited to hours of low parking demand or is located in space identified by the Village of Clyde as a designated loading zone.
§ 190-47 Modification of requirements.
The Planning Board may require additional or fewer off-street parking and loading spaces for any use if it finds that, for a particular use, the required minimum spaces are not sufficient or are excessive, provided that the safety and general welfare of the public is not jeopardized and, furthermore, provided that such modification should not exceed 50% of the required spaces.