The multiple purposes of this article are summarized as follows:

(1)

Establish requirements for multimodal access to development sites, including vehicular, truck service, pedestrian, bicycle, and transit, as appropriate;

(2)

Establish on-site circulation patterns conducive to safe pedestrian as well as vehicular and truck access;

(3)

Establish minimum off-street parking and loading areas in proportion to the need created by each use, but considering reductions for the provision of alternative modes of travel;

(4)

Reduce congestion in the streets and ensure that uses and functions of public rights-of-way are not interrupted;

(5)

Establish certain maximum as well as minimum requirements for parking spaces to reduce development costs and ensure that excess impervious surfaces are not constructed, while providing for additional parking spaces additions when a demonstrated need exists;

(6)

To promote flexible approaches to the provision of off-street parking, including in some cases, as appropriate, use of on-street parking, shared parking arrangements, smaller spaces for compact cars, and unimproved overflow or spillover parking areas;

(7)

To establish design and improvement specifications for the development of parking lots, loading areas, access aisles, parking decks, and connections of parking lots and decks to public streets;

(8)

To ensure that parking areas will be compatible with abutting residential districts; and

(9)

To provide for adequate off-street loading areas by applying loading regulations to specific developments at the site plan review stage.

(Ord. of 2-18-2003, § 901)

This article shall apply to any new building constructed; for new uses or conversions of existing, conforming buildings; and for enlargements of existing structures. This article shall not be construed as to require additional parking spaces to be furnished for an existing building which is repaired, altered, maintained, or modernized, where no structural alterations are made and the size of the building is not increased; provided, however, that when the occupancy of any building is changed to another use, parking shall be provided to meet the requirements of this article for the new use.

(Ord. of 2-18-2003, § 902)

All parking shall be provided with vehicular access to a street, and loading areas shall be provided with access to a street or alley; and such parking or loading area shall not thereafter be encroached upon or altered. Except for single-family and duplex dwellings, off-street parking and loading spaces shall have access so that their use will not require backing movements or other maneuvering within a street right-of-way.

(Ord. of 2-18-2003, § 903)

(a)

In office, institutional, and commercial zoning districts, abutting properties which do not provide interconnecting access to one another make it difficult and dangerous, if not impossible, for motorists to travel between those properties. In cases of new development or major building renovation and repaving projects in office, institutional, and commercial zoning districts, interparcel access for vehicles between abutting properties shall be provided so that access to individual properties can be achieved between adjacent developments as an alternative to forcing all movement onto abutting highways and public roads.

(b)

The location of vehicular connections across a property line should be mutually determined and constructed by both property owners. Connection of parking areas for vehicular access should typically be provided in the front portion of the site. In cases where it is not possible to provide the connection in front, it may be provided in the rear portion of the site. In the case of coordination problems or any factors preventing construction of an interparcel connection, the zoning administrator will after recommendation from the city engineer determine the location of connection to be constructed by property owners.

(Ord. of 2-18-2003, § 904)

Curbcuts for service drives, entrances, exits, and other similar facilities on public streets in other than residential zoning districts shall not be located within 30 feet of any intersection or within 40 feet of another curbcut. A curbcut shall be no greater than 40 feet in width and no closer than 20 feet to any property line, unless approved by city engineer. Service drives that serve office, institutional, commercial, or industrial zoning districts shall not be allowed to pass through residential zoning districts.

(Ord. of 2-18-2003, § 905)

(a)

On the same lot with every building, structure or part thereof, erected or occupied for manufacturing, storage, warehouse, truck freight terminal, department store, wholesale store, market, hotel, hospital, mortuary, dry cleaning plant, retail business, or other uses similarly involving the receipt or distribution of vehicles, materials, or merchandise, there shall be provided and maintained adequate space for the standing, loading and unloading of such materials to avoid undue interference with public use of streets, alleys, and parking areas.

(b)

Unless otherwise approved by the zoning administrator, loading spaces shall be a minimum of 14 feet wide, 40 feet long, with 14 feet of height clearance. Such loading area shall be located to the rear of the building unless site design precludes a rear location, in which case loading shall be to the side of a building.

(c)

One off-street loading space shall be provided for the first 10,000 square feet of gross floor area or fractional part thereof for light industrial use and one off-street loading space for the first 5,000 square feet of gross floor area or fractional part thereof for retail or other nonindustrial use for which a loading space is required. One additional space shall be required for each additional 25,000 square feet of gross floor area or fractional part thereof for light industrial use and for each additional 10,000 square feet of gross floor area or fractional part thereof for retail or other nonindustrial use.

(Ord. of 2-18-2003, § 916)

Parking facilities and loading areas shall be operated and maintained in accordance with the following:

(1)

Parking and loading areas shall not be used for the repair or dismantling of any vehicle, equipment, materials, or supplies.

(2)

Parking and loading areas shall not be used to store vehicles for sale, except in cases where the property owner owns the vehicle, provided auto sales is a permitted use in the district in which the property is located. This provision shall not apply to the placing of a "For Sale" sign on or in one licensed vehicle, boat, or other vehicle located in a private residential driveway and which licensed vehicle, boat, or other vehicle is owned by an occupant of such private residence.

(3)

An attendant's shelter building which does not contain more than 50 square feet of gross floor area and which is set a distance of not less than 20 feet from any boundary of the parking lot may be permitted.

(4)

Upon application, the zoning administrator may approve temporary structures and uses such as tent sales within required parking spaces that are not used on a continuous basis; provided such uses are moveable from the site upon order by the zoning administrator.

(Ord. of 2-18-2003, § 917)

(a)

Access. All parking shall have access to a public street. All loading areas shall have access to a public street or alley.

(b)

Drainage. Parking and loading areas shall be properly graded for drainage, and they shall be drained so as to prevent damage to abutting properties or public streets. Curbing shall be installed as required by the city engineer when considered necessary for drainage, although water quality effectiveness shall be a consideration in determining curbing requirements.

(c)

Surfacing. Parking and loading areas shall be surfaced with concrete, asphaltic concrete, asphalt, or other dust-free surface; provided, however, that porous pavement parking spaces may be substituted for standard dust free pavements subject to the approval of the city engineer according to standards that may be adopted by the city engineer.

(d)

Striping. All parking and loading spaces must be striped with paint lines, lined with curbstones, or otherwise permanently marked to designate the space, except in cases where the materials used are not conducive to striping or lining with permanently marked materials.

(e)

Lighting. Adequate lighting shall be provided if the facilities are to be used at night or if necessary for security purposes. All lighting facilities shall be so arranged to prevent the direct illumination of adjacent properties or public streets.

(f)

Signs. Signs essential to the proper functioning of the parking lot and loading areas shall be installed. Such signs shall not be illuminated, shall not exceed four feet in area, or nine feet in height.

(Ord. of 2-18-2003, § 918)

Stacking spaces shall be provided for any use having a drive-through facility or areas having drop-off and pick-up areas in accordance with the provisions of this section. Financial institutions with drive-through windows, restaurants with drive-through facilities, carwashes (automated or staffed facilities), drive-through photo finishing booths, coffee kiosks, and any other uses with drive-through facilities shall provide three stacking spaces for each window or drive-through service facility. Stacking spaces shall begin at the window or communication/mechanical device (e.g., order board) first encountered by the vehicle user. The following general standards shall apply to all stacking spaces and drive-through facilities:

(1)

Stacking spaces and lanes for drive-through stations shall not impede on- and off-site traffic movements, shall not cross or pass through off street parking areas, and shall not create a potentially unsafe condition where crossed by pedestrian access to a public entrance of a building.

(2)

Drive-through lanes shall be separated from off-street parking areas. Individual lanes shall be striped, marked or otherwise distinctly delineated.

(3)

All drive-through facilities shall be provided with a bypass lane with a minimum width of ten feet.

(Ord. of 2-18-2003, § 919)

Temporary open-air markets are subject to the following requirements:

(a)

Temporary open-air markets shall be allowed for no more than three consecutive days per event and only between the hours of 8:00 a.m. to 9:00 p.m.;

(b)

No more than four temporary open-air markets are allowed per year on any one parcel of land;

(c)

Each temporary open-air market shall be permitted by the City of Cumming Planning and Zoning Department on forms available there;

(d)

Temporary open-air markets require the payment of a per diem fee in accordance with chapter 12 of the Code of the City of Cumming, Georgia;

(e)

Temporary open-air markets are to be located only in the front or side yards of a lot, and not within parking areas, roads, or the right-of-way;

(f)

All vendors at a temporary open-air market must be identified on the application for a temporary open-air market or must otherwise be disclosed in writing to the City of Cumming Department of Planning and Zoning at least twenty-four hours before the event;

(g)

The permit holder for a temporary open-air market shall be responsible for the vendors at said market, to include being responsible for any violations of law committed by those vendors;

(h)

A temporary open-air market must be held on a single lot and not within 500 feet of another temporary open-air market operating at the same time; and

(i)

All tents or temporary structures installed at a temporary open-air market larger than 120 square feet shall require a permit and inspection from the city's building inspector.

(Ord. of 11-4-2020, § 3)

Off-street automobile parking spaces shall be provided on every lot on which any building, structure, or use is hereafter established in all zoning districts. Required parking spaces shall be available for the parking of operable passenger vehicles for residents, customers, patrons, and employees, as appropriate given the subject use.

(Ord. of 2-18-2003, § 906)

All parking spaces required by this article shall be provided on the same lot with the main building or use which it serves. Upon demonstration that the parking spaces required by this article are not available and cannot reasonably be provided on the same lot as the building, structure or use it serves, the zoning administrator may permit the required parking spaces to be provided on any lot a substantial portion of which is within 400 feet of such building, structure, or use. This provision shall require submittal of evidence of ownership or valid agreement to lease the parking area off-site that is intended to be used to comply with this division.

(Ord. of 2-18-2003, § 907)

Before any building permit is issued, the parking lot layout and area must be found by the zoning administrator to be in compliance with all requirements of this article. The building official shall not allow occupancy or use of a building until advised by the zoning administrator that parking facilities are completed in accordance with the approved plan. A parking plan for all uses requiring less than five spaces shall be submitted along with the building plans for approval of a building permit by the building official. No permit shall be issued for any parking area containing five or more spaces until the plans and specifications, including required location, entrances, exits, aisles, landscaping, screening, surface materials and drainage, have been submitted for review and approval by the zoning administrator. Plans for such parking area containing five or more spaces shall include proper drainage and retention, surface materials, curbing and screening as may be required, and they must clearly mark all parking areas, with handicapped and loading or other special (e.g., compact) spaces also designated.

(Ord. of 2-18-2003, § 908)

(a)

On each lot where a building, structure, or use exists, off-street parking shall be provided in accordance with the requirements of Table 113-319. No existing facility used for off-street parking shall be reduced in capacity to less than the minimum required number of spaces, or altered in design or function to less than the minimum standards, unless specifically provided for in this article. Unless otherwise noted, the parking requirement shall be based on the gross square footage of the building or buildings devoted to the particular use specified.

(b)

Retail facilities with over 250 parking stalls shall require a minimum of one standard size stall clearly marked in yellow on pavement "EMERGENCY PARKING ONLY." The location of the parking stall shall be as close as possible to major building entries.

(Ord. of 2-18-2003, § 909)

Regulations and dimensions for handicapped parking spaces shall be per requirements of the Americans with Disabilities Act (ADA), Public Law 101-136, and the state building code. The required number of handicapped accessible spaces, which must be provided on-site, shall be as provided in the following table:

(Ord. of 2-18-2003, § 910)

(a)

Fractions. Where a fractional space results during the calculation of required parking, the required number of parking spaces shall be construed to be the next highest whole number.

(b)

Parkingspace requirement not specified. Where the parking requirement for a particular use is not described in this article, and where no similar use is listed, the zoning administrator shall determine the number of spaces to be provided based on requirements for similar uses, location of the proposed use, the number of employees on the largest shift, the total square footage, potential customer use, and other expected demand and traffic generated by the proposed use.

(Ord. of 2-18-2003, § 911)

Off-site parking may be used in combination to meet minimum parking space requirements; a reduction of required off-street parking spaces on a given site may be permitted by the zoning administrator in cases where additional off-street, off-site, parking area in sufficient quantity and availability in conformity with this article compensates for the reduction, subject to the following:

(1)

The property is under one ownership, or a valid agreement exists between the two property owners for use of the parking area.

(2)

Off-site parking shall not exceed 50 percent of the required parking for a building or buildings.

(3)

Off-site parking shall be located within 400 feet of the building or buildings in which it is leased to serve.

(4)

Safe and convenient pedestrian access, such as a sidewalk or path, must exist or be provided from the structure or use to the off-site parking lot.

(Ord. of 2-18-2003, § 912)

When more than one use is provided on a lot, and such uses operate more or less simultaneously, the total requirements for off-street parking spaces shall be the sum of the requirements for the various uses computed separately. The zoning administrator may authorize a reduction in the total number of required off-street parking spaces for two or more uses jointly providing parking facilities when their respective hours of need of maximum parking do not normally overlap, provided that the developer submits sufficient data to demonstrate that the hours of maximum demand for parking at the respective uses do not normally overlap. The required spaces assigned to one use may not be assigned to another use at the same time, except that one-half of the parking spaces required for churches, theaters or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sundays.

(Ord. of 2-18-2003, § 913)

To avoid excessive surpluses which increase development costs and impervious surfaces, parking shall not be provided in quantities greater than 25 percent above the required minimum; provided, however, the following:

(1)

The zoning administrator may allow parking at a rate in excess of 25 percent above the required number of spaces, on a case-by-case basis based upon the scale and impacts of the request, for good cause shown. The applicant shall make said request in writing which shall include documentation from an acceptable industry publication (e.g., Institute of Transportation Engineers, Urban Land Institute, American Planning Association, etc.) or by a study prepared by a traffic engineer that documents parking requirements.

(2)

The zoning administrator may allow a land area for parking that exceeds 25 percent above the required number of spaces to be designed and reserved for future parking use. In such a case, said reserved parking area shall not be developed except by written permission from the zoning administrator, upon demonstration by the applicant that existing parking spaces are occupied at a rate of 90 percent or higher for 25 percent or more of the regular business hours in which the business or use operates during a nonholiday week.

(Ord. of 2-18-2003, § 914)

Compact auto parking spaces may be used in commercial parking uses when more than 20 parking spaces are required, provided the area for compact parking is clearly marked and not more than 20 percent of the number of parking spaces in the entire parking area is designated compact auto parking. Compact auto parking spaces shall be not less than eight feet wide by 17 feet long.

(Ord. of 2-18-2003, § 915)