PARKING REGULATIONS8
Editor's note— Ordinance No. O-11-02, adopted February 14, 2012, amended Article XIV title to read as set out. Formally, such article pertained to off-street parking regulations.
(1-1)
Automobile parking space. There shall be provided at the time of erection of any main building or at the time any main building is enlarged or increased in capacity, minimum off-street parking space with adequate provisions for ingress and egress by standard sized automobiles, as follows.
(1-2)
Parking spaces for new construction. The parking standards set forth in section 2 below shall be provided at the time of erection of any main building.
(1-3)
Parking spaces for enlargement of dwelling. In all residential districts there shall be provided either in a private garage or, on the lot, space for parking one automobile for each dwelling unit added in case of the enlargement of an existing building.
(1-4)
Parking spaces for enlargement of buildings other than dwellings. For any enlargement or increase in seating capacity, or floor area, of any existing main building, there shall be at least one additional permanently maintained parking space as follows:
(1-5)
Use of parking lots. If a vehicle parking space required by this ordinance is provided in parking areas provided by groups of property owners for their mutual benefit, the commission may construe such use of this space as meeting the off-street parking requirements of this ordinance. If off-street parking space can not be reasonably provided on the same lot on which the principal use is conducted, the commission may permit such space to be provided on other off-street property, provided such space lies within 1,000 feet of the main entrance to such principal use. Such vehicle parking space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.
(1-6)
Public parking areas. Every parcel of land hereafter used as a public parking area shall be surfaced with crushed gravel, asphalt or concrete, and shall have appropriate bumper guards where needed as determined by the building official. Any lights used to illuminate said parking areas shall be so arranged as to reflect the light away from adjoining premises in any residential zone.
(1-7)
No abandonment. The above-required parking spaces shall not be abandoned and shall be maintained in connection with buildings which they are to serve in the manner indicated by the minimum requirements for off-street parking and space regulations. Substitution of equivalent spaces in conformity with the off-street parking regulations may be allowed by the commission.
(1-8)
Nonconforming uses. Dwellings in existence at the time of enactment of this ordinance which do not have the required off-street parking areas are considered to be in nonconforming use until the required area has been provided. The appeals board may grant variances to this section if hardship can be shown.
(1-9)
Site plan required. No building permit shall be issued for the construction of any building for which parking space is required under this ordinance unless a site plan of the building showing arrangement of the required parking space is filed with the building official, nor shall any certificate of occupancy be issued unless such a site plan has been so filed.
(1-10)
Private parking areas in R1, R2 and R3 districts. Parking areas in R1, R2 and R3 districts shall be surfaced with gravel, asphalt or concrete.
(1-11)
Open space required in R1, R2 and R3 districts. Not more than 50 percent of the front, side and rear yard may be used for parking of vehicles in the R1, R2 and R3 districts.
(Ord. No. O-11-02, 2-14-2012)
The below-listed parking standards shall be used by the zoning administrator and commission in evaluating the parking needs of various proposed uses:
(2-1)
General standards. A standard area for each parking space may be calculated as 200 square feet.
(2-2)
Assignment of parking spaces in grouped lots. The required parking spaces for any number of separate uses may be combined in one lot but the required space assigned to one use may not be assigned to another use at the same time, except that one-half of the parking space required for churches, theaters or assembly halls, whose peak attendance will be at night or Sundays, may be assigned to a use which will be closed at night and on Sundays.
(2-3)
Remote parking lots encumbered. Where provision of off-street parking for a building or other use established subsequent to the adoption of this ordinance involves one or more parcels or tracts of land that are not a part of the lot on which the principal use is situated, the applicant for a permit for the principal use shall submit with his application for a building permit an instrument, in form approved by the city attorney, duly executed and acknowledged, which subjects said parcels or tracts of land to parking uses in connection with the principal use for which it is made available. The applicant shall deposit the necessary recordation fees and, upon the issuance of a building permit, the building official shall cause said instrument to be recorded in the office of the clerk of the circuit court of Alleghany County.
(2-4)
General standards for parking lots. When lots with parking spaces for more than four cars are permitted or required in any district, the following conditions shall be complied with:
(2-4.1)
The parking space required in any industrial or commercial district shall be provided upon the premises, or within 500 feet thereof, such distances to be measured along lines of public access to the property. The parking space required for any use located in any residential district shall be located on the same lot as the principal building, except that the parking spaces required for any church may be on a separate lot within 500 feet, as measured along lines of public access thereto, of the lot on which the church is located.
(2-4.2)
The parking area shall be screened from any adjoining premises used or zoned for residential purposes with a solid wall or fence, a compact evergreen tree or shrub fence, located on a strip of land not less than five feet in width, guarded with wheel bumpers. Where any such parking lots abut a street line, wheel bumpers shall be placed thereon and properly maintained.
(2-4.3)
Any light used to illuminate such parking area shall be so arranged as to reflect the light away from any adjoining premises used or zoned for residential purposes.
(2-4.4)
All such parking spaces shall have direct access to a public street. Adequate space shall be provided for the maneuvering of vehicles. No driveway or curb cut shall exceed 25 feet in width, and detailed plans showing all entrances, exits, barricades, bumper guards and drainage plans shall be submitted to the city engineer for approval before a permit for such construction may be obtained. No driveway opening shall be located within 20 feet of the intersection of any two street property lines. Where more than one driveway opening is provided along one frontage, they shall be separated by a curb section at least 30 feet in length.
(2-4.5)
All such off-street parking spaces shall be properly graded and maintained in such manner as to permit use thereof at all times. Such parking spaces shall not be reduced in total extent, after their provision hereunder, except upon the approval of the planning commission, and then only after proof that the parking spaces provided are no longer needed by reason of a change in use of the premises to which the parking facilities are adjunct.
(2-5)
Off-street loading space. In order to avoid undue interference with the public use of streets and alleys, there shall be provided adequate off-street loading space as described herein:
(2-5.1)
At the time of erection of any principal building or structure erected hereafter to be used for other than exclusive dwelling purposes, or at the time any principal building or structure is enlarged or increased by major structural alterations equal to more than 50 percent of the capacity of the original building or structure, permanently maintained off-street loading space shall be provided wherever such building or use has a lot area of 5,000 square feet or more and abuts upon a street and alley upon two or more streets, or has a lot area of more than 15,000 square feet.
(2-5.2)
Such space, unless otherwise adequately provided for, shall be not less than 12 feet in width, 25 feet in length, and 15 feet in height; and one such space shall be provided for each 7,500 square feet, or fraction thereof, of lot area upon which said building or use of land is located; except that, whenever the principal use of the premises is of a noncommercial nature, only one such space need be provided.
(2-5.3)
To the extent that the same are pertinent, the conditions contained in section (2-4) for off-street automobile parking lots shall apply to off-street loading spaces.
(3-1)
No commercial motor vehicle, as defined in article III of this appendix, nor any utility trailer when used for commercial purposes, shall be parked or stored outside of a completely enclosed building in a residential district, except while being used to perform a service on the premises;
(3-2)
No construction machinery or equipment shall be parked or stored in a residential district unless such machinery or equipment is incidental to construction activity occurring on the premises;
(3-3)
Any commercial vehicle or trailer covered by this section may be parked on the property for a period not exceeding 48 hours for the purposes of performing a service on the premises, provided that such vehicle or trailer shall:
(3-3.1)
Be at least 15 feet from the front property line;
(3-3.2)
Not cause a site visibility problem for motorists.
(3-4)
These provisions shall not apply to vehicles being used in conjunction with agricultural use of the premises.
(Ord. No. O-11-02, 2-14-2012)
(4-1)
All recreational vehicles, watercraft, personal utility trailers, and recreational equipment trailers shall be parked in a rear yard, a side yard behind the front line of the main building and not within the required side yard, or inside of a completely enclosed garage or building. In the instance of a corner lot that fronts on two streets, each yard that fronts a street shall be considered a front yard.
(4-2)
A recreational vehicle, watercraft, utility trailer, or recreational equipment trailer may be parked in front of the main building for a period not exceeding 120 hours for maintenance, loading and unloading purposes, provided that such motor vehicle or equipment shall:
(4-2.1)
Be licensed for the current year;
(4-2.2)
Be at least 15 feet from the front property line;
(4-2.3)
Not cause a site visibility problem for motorists;
(4-2.4)
Not be over 32 feet in length or nine feet in height;
(4-2.5)
Not be inhabited; and
(4-2.6)
Not be parked in front of the main building for more than a total of 120 hours in a 14-day period.
(Ord. No. O-11-02, 2-14-2012)
PARKING REGULATIONS8
Editor's note— Ordinance No. O-11-02, adopted February 14, 2012, amended Article XIV title to read as set out. Formally, such article pertained to off-street parking regulations.
(1-1)
Automobile parking space. There shall be provided at the time of erection of any main building or at the time any main building is enlarged or increased in capacity, minimum off-street parking space with adequate provisions for ingress and egress by standard sized automobiles, as follows.
(1-2)
Parking spaces for new construction. The parking standards set forth in section 2 below shall be provided at the time of erection of any main building.
(1-3)
Parking spaces for enlargement of dwelling. In all residential districts there shall be provided either in a private garage or, on the lot, space for parking one automobile for each dwelling unit added in case of the enlargement of an existing building.
(1-4)
Parking spaces for enlargement of buildings other than dwellings. For any enlargement or increase in seating capacity, or floor area, of any existing main building, there shall be at least one additional permanently maintained parking space as follows:
(1-5)
Use of parking lots. If a vehicle parking space required by this ordinance is provided in parking areas provided by groups of property owners for their mutual benefit, the commission may construe such use of this space as meeting the off-street parking requirements of this ordinance. If off-street parking space can not be reasonably provided on the same lot on which the principal use is conducted, the commission may permit such space to be provided on other off-street property, provided such space lies within 1,000 feet of the main entrance to such principal use. Such vehicle parking space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.
(1-6)
Public parking areas. Every parcel of land hereafter used as a public parking area shall be surfaced with crushed gravel, asphalt or concrete, and shall have appropriate bumper guards where needed as determined by the building official. Any lights used to illuminate said parking areas shall be so arranged as to reflect the light away from adjoining premises in any residential zone.
(1-7)
No abandonment. The above-required parking spaces shall not be abandoned and shall be maintained in connection with buildings which they are to serve in the manner indicated by the minimum requirements for off-street parking and space regulations. Substitution of equivalent spaces in conformity with the off-street parking regulations may be allowed by the commission.
(1-8)
Nonconforming uses. Dwellings in existence at the time of enactment of this ordinance which do not have the required off-street parking areas are considered to be in nonconforming use until the required area has been provided. The appeals board may grant variances to this section if hardship can be shown.
(1-9)
Site plan required. No building permit shall be issued for the construction of any building for which parking space is required under this ordinance unless a site plan of the building showing arrangement of the required parking space is filed with the building official, nor shall any certificate of occupancy be issued unless such a site plan has been so filed.
(1-10)
Private parking areas in R1, R2 and R3 districts. Parking areas in R1, R2 and R3 districts shall be surfaced with gravel, asphalt or concrete.
(1-11)
Open space required in R1, R2 and R3 districts. Not more than 50 percent of the front, side and rear yard may be used for parking of vehicles in the R1, R2 and R3 districts.
(Ord. No. O-11-02, 2-14-2012)
The below-listed parking standards shall be used by the zoning administrator and commission in evaluating the parking needs of various proposed uses:
(2-1)
General standards. A standard area for each parking space may be calculated as 200 square feet.
(2-2)
Assignment of parking spaces in grouped lots. The required parking spaces for any number of separate uses may be combined in one lot but the required space assigned to one use may not be assigned to another use at the same time, except that one-half of the parking space required for churches, theaters or assembly halls, whose peak attendance will be at night or Sundays, may be assigned to a use which will be closed at night and on Sundays.
(2-3)
Remote parking lots encumbered. Where provision of off-street parking for a building or other use established subsequent to the adoption of this ordinance involves one or more parcels or tracts of land that are not a part of the lot on which the principal use is situated, the applicant for a permit for the principal use shall submit with his application for a building permit an instrument, in form approved by the city attorney, duly executed and acknowledged, which subjects said parcels or tracts of land to parking uses in connection with the principal use for which it is made available. The applicant shall deposit the necessary recordation fees and, upon the issuance of a building permit, the building official shall cause said instrument to be recorded in the office of the clerk of the circuit court of Alleghany County.
(2-4)
General standards for parking lots. When lots with parking spaces for more than four cars are permitted or required in any district, the following conditions shall be complied with:
(2-4.1)
The parking space required in any industrial or commercial district shall be provided upon the premises, or within 500 feet thereof, such distances to be measured along lines of public access to the property. The parking space required for any use located in any residential district shall be located on the same lot as the principal building, except that the parking spaces required for any church may be on a separate lot within 500 feet, as measured along lines of public access thereto, of the lot on which the church is located.
(2-4.2)
The parking area shall be screened from any adjoining premises used or zoned for residential purposes with a solid wall or fence, a compact evergreen tree or shrub fence, located on a strip of land not less than five feet in width, guarded with wheel bumpers. Where any such parking lots abut a street line, wheel bumpers shall be placed thereon and properly maintained.
(2-4.3)
Any light used to illuminate such parking area shall be so arranged as to reflect the light away from any adjoining premises used or zoned for residential purposes.
(2-4.4)
All such parking spaces shall have direct access to a public street. Adequate space shall be provided for the maneuvering of vehicles. No driveway or curb cut shall exceed 25 feet in width, and detailed plans showing all entrances, exits, barricades, bumper guards and drainage plans shall be submitted to the city engineer for approval before a permit for such construction may be obtained. No driveway opening shall be located within 20 feet of the intersection of any two street property lines. Where more than one driveway opening is provided along one frontage, they shall be separated by a curb section at least 30 feet in length.
(2-4.5)
All such off-street parking spaces shall be properly graded and maintained in such manner as to permit use thereof at all times. Such parking spaces shall not be reduced in total extent, after their provision hereunder, except upon the approval of the planning commission, and then only after proof that the parking spaces provided are no longer needed by reason of a change in use of the premises to which the parking facilities are adjunct.
(2-5)
Off-street loading space. In order to avoid undue interference with the public use of streets and alleys, there shall be provided adequate off-street loading space as described herein:
(2-5.1)
At the time of erection of any principal building or structure erected hereafter to be used for other than exclusive dwelling purposes, or at the time any principal building or structure is enlarged or increased by major structural alterations equal to more than 50 percent of the capacity of the original building or structure, permanently maintained off-street loading space shall be provided wherever such building or use has a lot area of 5,000 square feet or more and abuts upon a street and alley upon two or more streets, or has a lot area of more than 15,000 square feet.
(2-5.2)
Such space, unless otherwise adequately provided for, shall be not less than 12 feet in width, 25 feet in length, and 15 feet in height; and one such space shall be provided for each 7,500 square feet, or fraction thereof, of lot area upon which said building or use of land is located; except that, whenever the principal use of the premises is of a noncommercial nature, only one such space need be provided.
(2-5.3)
To the extent that the same are pertinent, the conditions contained in section (2-4) for off-street automobile parking lots shall apply to off-street loading spaces.
(3-1)
No commercial motor vehicle, as defined in article III of this appendix, nor any utility trailer when used for commercial purposes, shall be parked or stored outside of a completely enclosed building in a residential district, except while being used to perform a service on the premises;
(3-2)
No construction machinery or equipment shall be parked or stored in a residential district unless such machinery or equipment is incidental to construction activity occurring on the premises;
(3-3)
Any commercial vehicle or trailer covered by this section may be parked on the property for a period not exceeding 48 hours for the purposes of performing a service on the premises, provided that such vehicle or trailer shall:
(3-3.1)
Be at least 15 feet from the front property line;
(3-3.2)
Not cause a site visibility problem for motorists.
(3-4)
These provisions shall not apply to vehicles being used in conjunction with agricultural use of the premises.
(Ord. No. O-11-02, 2-14-2012)
(4-1)
All recreational vehicles, watercraft, personal utility trailers, and recreational equipment trailers shall be parked in a rear yard, a side yard behind the front line of the main building and not within the required side yard, or inside of a completely enclosed garage or building. In the instance of a corner lot that fronts on two streets, each yard that fronts a street shall be considered a front yard.
(4-2)
A recreational vehicle, watercraft, utility trailer, or recreational equipment trailer may be parked in front of the main building for a period not exceeding 120 hours for maintenance, loading and unloading purposes, provided that such motor vehicle or equipment shall:
(4-2.1)
Be licensed for the current year;
(4-2.2)
Be at least 15 feet from the front property line;
(4-2.3)
Not cause a site visibility problem for motorists;
(4-2.4)
Not be over 32 feet in length or nine feet in height;
(4-2.5)
Not be inhabited; and
(4-2.6)
Not be parked in front of the main building for more than a total of 120 hours in a 14-day period.
(Ord. No. O-11-02, 2-14-2012)