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Dayton City Zoning Code

ARTICLE VIII

OFF-STREET PARKING

Sec. 30-814.- General requirement.

(a)

Subject to subsection (b) of this section, every use of property shall subject the property and its owners and occupants to the parking regulations of this article.

(b)

Upon the issuance of a special use permit under division 4 of article II of this chapter, an owner or occupant may use property without meeting some or all of the regulations of this article.

(c)

Such special use permits will seldom be granted. In judging applications, the council will consider all factors relevant to the application, including without limitation:

(1)

The impact on the neighborhood of allowing the use with relaxed parking standards;

(2)

The impact on traffic and parking in the town of allowing the use with relaxed parking standards;

(3)

The degree to which the applicant seeks to relax the parking regulations;

(4)

Whether full compliance with this division is practicable for the property and use in question; and

(5)

The degree to which appropriate conditions in a special use permit could mitigate long-term or short-term difficulties created by the relaxation of standards.

(Code 1988, § 9-184.1; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 2-5-2001; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Sec. 30-815. - Parking classification; spaces required.

(a)

Generally. The number of parking spaces required by this section shall be determined by the parking classification of the property usage, as established in this section. If the parking classification of a property changes, whether due to transfer, lease, change of use, or otherwise, the property must comply with the parking requirements of the new classification. For example, a furniture store would be within the major goods retail classification described in subsection (d) of this section. The premises could not be converted to the general retail classification unless the parking requirements of subsection (c) of this section are satisfied. In applying these parking classifications, the rules of construction in section 30-816 shall control.

(b)

General residential classification.

(1)

The general residential classification includes residential and accessory uses. Uses within this classification must have two parking spaces per dwelling unit.

(2)

Even if the spaces required by subsection (b)(1) of this section are available, all uses within this classification must also maintain sufficient parking to accommodate all residents and guests of the structure without parking on the public streets, except on an occasional basis.

(c)

General retail classification. The general retail classification includes all retail uses not expressly included elsewhere in this section. Without limitation, this classification includes supermarkets, convenience stores, department stores, hardware stores, agricultural supply stores, jewelry stores, clothing stores, florist shops, pharmacies, and auto parts stores. Uses within this classification must have two parking spaces, plus one space per 200 square feet of floor space.

(d)

Major goods retail classification. The major goods retail classification includes retail uses specializing in the sale of durable goods which are physically large and of significant cost, except as expressly included elsewhere in this section. This classification includes furniture stores, appliances stores, dealers of farm tractors and implements, large machinery, and automobiles. Uses within this classification must have two parking spaces, plus one space per 300 square feet of floor space.

(e)

Office, business and information service classification. The office, business and information service classification includes general offices and information service businesses, such as professional establishments, such as doctors', lawyers', and accountants' offices, personal service establishments such as barbers and beauty salons, banks, insurance, and real estate offices, and corporate management offices. Uses within this classification must have two parking spaces, plus one space per 250 square feet of floor space.

(f)

Restaurants. The restaurants classification includes businesses which supply prepared food or drink to the public. Uses within this classification must have two parking spaces, plus one space per 100 square feet of floor space.

(g)

Automobile repair classification. The automobile repair classification includes entities which repair motor vehicles, including those which sell and install tires, mufflers, or batteries. Uses within this classification must have two parking spaces, plus one space per 200 square feet of floor space.

(h)

General service classification. The general service classification includes entities which repair items other than motor vehicles, clean clothing (or allow customers to clean their own clothing), perform services such as house building, cleaning, plumbing, carpentry, landscaping or pest-control, or operate a printing or copying business. Uses within this classification must have two parking spaces, plus one space per 385 square feet of floor space.

(i)

Industrial classification. The industrial classification includes those activities which are permitted only within the town's M-1 zoning classification. Uses within this classification must have two parking spaces, plus one space per 160 square feet of floor space.

(j)

Primary and middle school classification. The primary and middle school classification includes day care facilities (except home care facilities), preschools, elementary schools, and middle schools. Uses within this classification must have two spaces, plus 1.1 parking spaces per classroom.

(k)

Secondary education classification. The secondary and higher education classification includes high schools, colleges, and vocational schools. Uses within this classification must have six parking spaces per classroom.

(l)

Inpatient care classification. The inpatient care classification includes hospitals, nursing homes, and homes for adults. Uses within this classification must have two parking spaces, plus one space per three beds.

(m)

Cultural facility classification. The cultural facility classification includes libraries, art galleries, and museums. Uses within this classification must have two parking spaces, plus one space per 500 square feet of floor space.

(n)

Hotel classification. The hotel classification includes hotels, motels, and boardinghouses, and bed and breakfasts. Any restaurant affiliated with a hotel, motel, boardinghouse, or bed and breakfast that is open to patrons other than overnight guests shall be treated separately under subsection (e) of this section. Uses within this classification must have two parking spaces, plus one space per guest room.

(o)

Assembly classification. The assembly classification includes theatres, stadiums, auditoriums, churches and other places of worship. It does not include places of assembly associated with schools, which are treated as part of the schools under subsection (j) or (k) of this section. Uses within this classification must have two parking spaces, plus one space per four seats in the main seating area.

(p)

Civic group classification. The civic group classification includes fraternities and sororities (not providing living accommodations), civic and service organizations, and country clubs. Uses within this classification must have two parking spaces, plus one space for each five members.

(q)

Bowling alley classification. The bowling alley classification includes bowling alleys. Uses within this classification must have two parking spaces, plus 3.6 spaces for each lane.

(r)

Amusement classification. The amusement classification includes businesses which provide amusement or recreational services, such as video arcades, batting cages, miniature golf courses, and billiard parlors. Uses within this classification must have two parking spaces, plus one space per 220 square feet of floor space.

(s)

Wholesalers classification. The wholesalers classification includes businesses within the definition set forth in section 22-97. Uses within this classification must have two parking spaces, plus one space per 165 square feet of floor space.

(t)

Home occupation classification. Level one home occupations, as defined in section 30-9, require no parking other than that provided for the dwelling. For level two home occupations, as defined in section 30-9, the dwelling and home occupation together must have two parking spaces, plus one space for each employee not residing in the facility.

(Code 1988, § 9-184.2; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Sec. 30-816. - Rules of construction.

(a)

For purposes of section 30-815, if a single enterprise engages in property usage falling into multiple parking classifications, the classification providing the greatest parking requirements shall apply. Nevertheless, the business may make application for each classification to be treated separately under the appropriate subsection of section 30-815. If the enterprise can reasonably apportion its business (through the use of gross receipts or otherwise), the administrator shall approve the request.

(b)

If multiple enterprises are conducted on the same lot, each shall be treated separately under section 30-815.

(c)

Floor space shall mean gross floor area. The term shall also include outdoor space devoted to the activity conducted on the property.

(d)

Where fractional space results, the parking spaces required shall be construed to be the next whole number.

(e)

For uses not identified in this division, the parking requirements shall be based on the most analogous use listed in section 30-817, as determined by the town manager.

(Code 1988, § 9-184.3; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Sec. 30-817. - Parking and driveway standards.

(a)

All parking spaces required by this article shall be located on the same lot with the building or use served, provided that required parking may be located on another lot if the parking spaces are not more than 500 feet from the building served (measured along lines of public access) and the parking spaces are dedicated to the use of the business served through a lease, license, or easement requiring that the town be notified at least 30 days prior to termination. Upon the termination of any lease, license, or easement for required parking spaces, the entity served by the parking must either cease doing business or obtain alternative parking conforming to this article.

(b)

Unenclosed parking spaces may be located within the required yard around buildings as herein specified.

(c)

Parking spaces must be at least nine feet wide and 18 feet in length. In addition, there shall be sufficient area for maneuvering.

(d)

Unenclosed parking spaces and driveways shall be constructed of concrete, asphalt, or permeable pavers with a suitable base, except that gravel shall be a permissible surface for the following: (i) parking or driveways, or portions thereof, that are located to the rear of the building served, and (ii) parking or driveways, or portions thereof, that existed prior to April 10, 2023.

(e)

All parking spaces shall be designed to prevent parked vehicles from extending beyond the limits of the parking area and to prevent damaging effects to adjoining or nearby properties from surface drainage from the parking facility. Lighting facilities shall be so arranged that light is reflected away from adjacent properties.

(f)

All loading spaces required under section 30-819 must be at least 12 feet wide by 25 feet in length. In addition, there shall be sufficient area for maneuvering.

(Code 1988, § 9-184.4; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 11-11-2013; Ord. of 8-10-2020; Ord. of 4-10-2023, § 4)

Sec. 30-818. - Sharing of parking lots.

(a)

Multiple enterprises may share a single parking lot, but, except as provided in subsection (b) of this section, no parking space may be counted toward the requirements of more than one enterprise.

(b)

Upon application and approval by the administrator, an assembly use (such as a church or theatre) may assign 50 percent of its parking spaces to another use, so long as there is substantially no overlap in the hours of significant parking demand for the assembly use and the other use.

(Code 1988, § 9-184.5; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Sec. 30-819. - Off-street loading and unloading space.

(a)

In addition to the parking required by section 30-815, all property used for retail, wholesale, or industrial purposes shall provide space for the loading and unloading of vehicles off the street or public alley. Such space shall have access to a public alley or if there is no alley, to a public street. The space requirements are:

(1)

For retail businesses, there shall be one loading space for each 2,000 square feet of floor space.

(2)

For wholesale and industrial businesses, there shall be one loading space for each 10,000 square feet of floor space.

(b)

The parking standards of section 30-817 shall govern loading spaces required by this section. The rules of construction set forth in section 30-816 shall govern the interpretation of this section.

(Code 1988, § 9-184.6; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)

Sec. 30-820. - Zoning classifications.

(a)

Parking for a specific enterprise or structure is a use which is accessory to the enterprise or structure. Therefore, such parking must be on property which would be properly zoned for the enterprise or structure. For example, parking for a B-1 use must be on property zoned B-1 or less restrictively.

(b)

Parking for a fee as a separate commercial enterprise is not an accessory use and must be located in a zone which allows it.

(Code 1988, § 9-184.7; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008; Ord. of 8-10-2020)