Defiance City Zoning Code
CHAPTER 1175
Parking, Loading and Mobility Standards
1175.01 PURPOSE.
The purpose of this chapter is to regulate the amount and location of vehicle parking, loading areas, access, and mobility in order to promote a more efficient use of land, enhance the development form, encourage the use of alternative modes of transportation, provide for better pedestrian movement, and protect air and water quality. The provisions of this chapter are intended to:
(a) Prevent and alleviate the congestion of public streets;
(b) Increase and protect the capacity of the roadway system;
(c) Promote greater safety of passage between highway and land;
(d) Minimize the detrimental effects of vehicular use areas on adjacent properties;
(e) Encourage the incorporation of alternative modes of transportation by emphasizing pedestrian circulation and establishing requirements for bicycle parking;
(f) Encourage the reduction of impervious surfaces through effective design and the use of shared parking where practical; and
(g) Promote the health, safety, and public welfare by establishing minimum requirements for off-street parking and loading areas as well as provisions for access control. (Ord. 8592. Passed 7-2-24.)
1175.02 APPLICABILITY.
(a) In all districts except the B-2 District, in connection with every residential, commercial, industrial, recreational, or public use, off-street parking spaces for automobiles shall be provided in accordance with the requirements of this chapter at any time any building or structure is erected, enlarged, increased in capacity, or changed in use. Off-street parking spaces are not required in the B-2 District.
(b) Whenever a building or use constructed or established after the effective date of this code is changed or enlarged in floor area, number of dwelling units, seating capacity, use, or otherwise, to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.
(c) Whenever a building or use existing prior to the effective date of this code is enlarged to the extent of fifty percent (50%) or more in floor area, or in the area used, the building or use shall then and thereafter comply with the parking requirements set forth herein.
(Ord. 8592. Passed 7-2-24.)
1175.03 GENERAL STANDARDS APPLICABLE TO ALL VEHICULAR USE AREAS.
(a) Vehicular Use Areas to be Permanent. All vehicular use areas provided as part of this chapter shall be permanently available, marked, and maintained for the applicable parking, loading, or mobility purposes for the use it is intended to serve; provided, that the approval of a temporary use permit (see Section 1169.11 Temporary Use Regulations) may allow the temporary use of a parking or loading space for other purposes.
(b) Maintenance.
(1) All vehicular use areas shall be maintained and kept free from debris, litter, junk, or rubbish.
(2) All signs, markers or any other methods used to indicate direction of traffic movement and location of parking and/or loading spaces shall be maintained in a neat and legible condition.
(3) The duty to provide and maintain all parking, loading, or other vehicular use areas shall be the responsibility of the property owner where the vehicular use areas are required. The owner shall maintain all paved surfaces and repair any disintegration of the surface by patching or resealing/resurfacing when such disintegration takes place.
(c) Landscaping and Screening. Landscaping and screening for vehicular use areas shall be as established in Chapter 1177 Landscaping and Buffer Standards.
(d) Fire Code. All parking and loading plans shall conform to all requirements set forth in the fire code as adopted by City of Defiance Fire and Rescue Division, or as approved by City of Defiance Fire and Rescue Division.
(e) Drainage. All vehicular use areas shall provide for the proper drainage of surface water in accordance with all applicable federal, state, and City run-off control and sediment abatement regulations, to prevent the drainage of such water onto adjacent properties and onto sidewalks.
(f) Surfacing.
(1) Any off-street parking area for five (5) or more vehicles shall be graded for proper drainage and surfaced with ODOT Item No. 400 flexible asphalt pavement or Item No. 450 rigid concrete pavement.
(2) Pavers or porous pavement systems that allow for storm water drainage to pass through or grass to grow through them may be permitted for use in up to fifty percent (50%) of the parking areas and aisles in nonresidential districts, and up to one hundred percent (100%) of the parking areas in residential districts.
(g) Lighting. All lighting within a vehicular use area shall be subject to the standards of Section 1173.03 Outdoor Lighting.
(h) Striping. The individual parking spaces and loading spaces shall be striped according to the approved layout of the vehicular use area.
(i) Disabled Vehicles. The parking of a disabled vehicle within a residential district for a period of more than two weeks shall be prohibited, except that vehicles may be stored in an enclosed garage or other accessory building. No business shall be conducted in connection therewith while the vehicle is parked or stored.
(Ord. 8592. Passed 7-2-24.)
1175.04 OFF-STREET PARKING REGULATIONS.
(a) Units of Measure. The following rules shall apply when computing parking spaces:
(1) On-Street Parking. On-street parking spaces shall not be counted toward off-street parking space requirements.
(2) Driveway Space. Entrances, exits, or driveways shall not be computed as any part of a required parking lot or area, except in the case of single-family and two-family dwellings where driveways may be used in calculating the amount of off-street parking.
(3) Multiple Uses. Unless otherwise noted or approved, off-street parking areas serving more than one use shall provide parking in an amount equal to the combined total of the requirements for each use.
(4) Area Measurements.
A. Unless otherwise specifically noted, all square footage-based parking standards shall be computed on the basis of gross floor area of all floors in a nonresidential building.
B. Up to fifteen percent (15%) of the gross floor area may be excluded from the above calculation if the area is used for storage, restrooms, loading, unloading, or for mechanical equipment.
C. When a measurement of the number of required spaces results in a fractional number, the fraction shall be rounded up to the next highest whole number.
(5) Occupancy- or Capacity-Based Standards.
A. For the purpose of computing parking requirements based on employees, students, residents, or occupants, calculations shall be based on the largest number of persons working on a single shift, the maximum enrollment, or the maximum fire-rated capacity, whichever is applicable, and whichever results in a greater number of parking spaces.
B. In hospitals, bassinets shall not be counted as beds.
C. In the case of benches, pews and similar seating accommodations, each twenty-four (24) inches thereof shall be counted as one seat for the purpose of determining the parking requirements.
(6) Stacking Spaces. Vehicle stacking spaces that are required for drive-through facilities shall not count toward the off-street parking requirements of this section, and shall be in accordance with Section 1175.07 Stacking Space Requirements.
(7) Unlisted Uses.
A. Upon receiving an application for a use not specifically listed in the parking schedule below, the Zoning Commissioner shall apply the parking standard specified for the listed use that is deemed most similar to the proposed use in regards to use, size and intensity of use.
B. If the Zoning Commissioner determines that there is no listed use similar to the proposed use, intensity, or size, they may refer to the estimates of parking demand based on recommendations from parking studies prepared by the Institute of Traffic Engineers (ITE), Urban Land Institute (ULI), and/or the American Planning Association (APA).
C. The Zoning Commissioner's decision regarding parking requirements for a specific use is appealable to the Planning Commission as established in Section 1165.09 Appeals.
(b) Required Number of Parking Spaces.
(1) Table 1175.04-1: Minimum Parking Requirements defines the number of parking spaces required for each use within the City of Defiance.
(2) For all uses except single-family and two-family dwellings, the number of parking spaces required in Table 1175.04-1: Minimum Parking Requirements below may be modified according to the following provisions without requiring a variance or other review outside of the zoning permit:
A. An applicant may provide a number of spaces equal to the number of spaces required by Table 1175.04-1: Minimum Parking Requirements; or
B. Up to ten percent (10%) fewer than the number of spaces required by Table 1175.04-1: Minimum Parking Requirements; or
C. Up to twenty-five percent (25%) more than the number of spaces required by Table 1175.04-1: Minimum Parking Requirements.
(3) Applicants may propose fewer parking spaces than provided in this section through use of shared parking or off-site parking as established in Section 1175.05 Alternative Parking Options.
(4) Applicants may propose more spaces than allowed in Table 1175.04-1: Minimum Parking Requirements and Subsection 1175.04(b)(2) above, but must obtain approval for the increase by the planning commission during site plan review pursuant to Section 1165.06 Site Plan Review, and provide a parking demand study that illustrates the need for the additional parking.
(5) Uses With Variable Parking Demand Characteristics and Unlisted Uses. For some listed uses, Table 1175.04-1: Minimum Parking Requirements refers to this subsection because the use has widely varying parking and loading demand characteristics, making it difficult to establish a single appropriate off-street parking or loading standard. On receiving an application proposing such a use, or proposing a use not expressly listed in Table 1175.04-1: Minimum Parking Requirements, the zoning commissioner is authorized to:
A. Apply the minimum off-street parking space requirement specified in Table 1175.04-1: Minimum Parking Requirements for the listed use that is deemed most similar to the proposed use; or
B. Establish the minimum off-street parking space requirement by reference to standard parking resources published by the National Parking Association or the American Planning Association; or
C. Establish the minimum off-street parking space requirement based on a parking demand study prepared by the applicant that estimates parking demand based on the recommendations of the Institute of Traffic Engineers (ITE) or other acceptable source of parking demand data, and that includes relevant data collected from uses or combinations of uses that are the same or comparable to the proposed use in terms of density, scale, bulk, area, type of activity, and location.
TABLE 1175.04-1: MINIMUM PARKING REQUIREMENTS | |
USE | REQUIRED NUMBER OF PARKING SPACES |
AGRICULTURAL USES | |
Agriculture | No parking spaces required |
Forestry | No parking spaces required |
Plant Cultivation | No parking spaces required |
Specialized Animal Raising and Care | No parking spaces required |
RESIDENTIAL USE CLASSIFICATION [1] | |
Adult Family Homes or Small Residential Facilities | 1.5 spaces per bedroom |
Adult Group Homes or Large Residential Facilities | 1.5 spaces per bedroom |
Apartments on Upper Floors | 1.5 spaces per dwelling unit |
Dwellings, Multi-Family | 1.5 spaces per dwelling unit |
Dwellings, Single-Family | 1.0 space per dwelling unit |
Dwellings, Two-Family | 1.5 spaces per dwelling unit |
Dwellings, Zero Lot Line | 1.0 space per dwelling unit |
Mobile Home Parks | 1.5 spaces per dwelling unit |
Nursing or Convalescent Homes | 1.0 space per sleeping room or suite, or 1.0 space per permanent occupant |
TABLE 1175.04-1: MINIMUM PARKING REQUIREMENTS (Cont.) | |
USE | REQUIRED NUMBER OF PARKING SPACES |
PUBLIC AND INSTITUTIONAL USE CLASSIFICATION | |
Airports | 1.0 space per 400 square feet of waiting area plus 1.0 space per 4 hanger or tie-down spaces |
Cemeteries | 1.0 space per 4 seats in a chapel or place of assembly |
Charitable and Philanthropic Institutions | 1.0 space per 2 fixed seats, or 1.0 space per 2 persons based on the maximum occupancy, whichever is greater |
Community Gardens | No parking spaces required |
Cultural Institutions | 1.0 space per 2 fixed seats, or 1.0 space per 2 persons based on the maximum occupancy, whichever is greater |
Essential Services | No parking spaces required |
Hospitals | 1.0 space for every 3 patient beds, plus 4.0 spaces per 1,000 square feet of floor area for outpatient clinics, laboratories, pharmacies, and other similar uses |
Parking Lots & Garages | No parking spaces required |
Public and Government Buildings or Uses | 1.0 space per 250 square feet of floor area |
Public and Government Buildings or Uses, Schools (college or high school) | 1.0 space per 4 seats in the main auditorium, or 4 per classroom, whichever is greater |
Public and Government Buildings or Uses, Schools (except high school or college) | 1.0 space per 5 seats in the main auditorium, or 2 per classroom, whichever is greater |
Public Community Centers | 1.0 space per 2 fixed seats, or 1.0 space per 2 persons based on the maximum occupancy, whichever is greater |
Recreational Facilities, Noncommercial | 1.0 space per 10,000 square feet of park, recreation or open space |
Religious Places of Worship | 1.0 space per 5 seats in the main auditorium |
Solar Farms | No parking spaces required |
Telecommunication Towers and Facilities | 1.0 space per provider |
TABLE 1175.04-1: MINIMUM PARKING REQUIREMENTS (Cont.) | |
USE | REQUIRED NUMBER OF PARKING SPACES |
COMMERCIAL USE CLASSIFICATION | |
Animal Hospitals & Veterinarian Clinics | 1.0 space per 250 square feet of floor area |
Assembly Halls & Conference Centers | 1.0 space per 2 fixed seats, or 1.0 space per 2 persons based on the maximum occupancy, whichever is greater |
Automotive Fuel Sales | 1.0 space per 300 square feet of indoor sales area plus 1.0 space per fuel pump or service bay (service bay may not be counted as a parking space) |
Automotive Repair | 1.0 space per 300 square feet of floor area for facilities under 5,000 square feet; or 1.0 space per 500 square feet for facilities of 5,000 square feet or larger |
Automotive Sales or Rental | 1.0 space per 400 square feet of indoor display area plus 1.0 space per 3,000 square feet of outdoor display area; this does not include spaces for display of vehicles for sale, lease or rent |
Automotive Service | 1.0 space per 300 square feet of floor area for facilities under 5,000 square feet; or 1.0 space per 500 square feet for facilities of 5,000 square feet or larger |
Bakeries & Dairies | 1,0 space per 250 square feet |
Banks and Financial Institutions | 1.0 space per 300 square feet, with a minimum of 5.0 spaces |
Bars or Taverns | 1.0 space per 100 square feet |
Bed and Breakfast Establishments | 1.0 space per guest room, plus spaces as required for dwelling unit(s) |
Boarding Houses | 1.5 spaces per bedroom |
Building Trades & Services | 1.0 space per 250 square feet of floor area |
Car Washes | 2.0 spaces plus stacking spaces required per Section 1175.07 Stacking Space Requirements |
Clubs, Lodges or other Social Meeting Places | 1.0 space per 250 square feet of floor area |
Commercial Entertainment Facilities | 1.0 space per 200 square feet or 1.0 space per 5 persons at maximum capacity, whichever is greater |
Commercial Golf Course | 40.0 spaces per 9 holes, plus 1.0 space per employee |
Commercial Recreation Facilities, Bowling Alley | 5.0 spaces per lane; plus 1.0 space per 250 square feet of floor area used for eating, drinking or other recreation |
Commercial Recreation Facilities, Indoors | 1.0 space per 200 square feet or 1.0 space per 5 persons at maximum capacity, whichever is greater |
TABLE 1175.04-1: MINIMUM PARKING REQUIREMENTS (Cont.) | |
USE | REQUIRED NUMBER OF PARKING SPACES |
COMMERCIAL USE CLASSIFICATION | |
Commercial Recreation Facilities, Outdoors | 1.0 space per 5,000 square feet of land area, or 1.0 space per 3 persons at maximum capacity, whichever is greater. |
Convenience Stores | 1.0 space per 150 square feet of retail area, with a minimum of 5.0 spaces |
Dry Cleaner | 1.0 space per 250 square feet of floor area, with a minimum of 5.0 spaces |
Educational Institutions, Commercial | 1.0 space per 2 students |
Family Day Care Home, Type A | 1.0 space for every 4 children based on maximum occupancy |
Family Day Care Home, Type B | 1.0 space per every 4 children based on maximum occupancy |
Funeral Homes and Mortuaries | 1.0 space per 50 square feet in slumber rooms, parlors, or individual funeral rooms |
Garden or Landscape Supply Store | 1.0 space per 300 square feet of indoor display and sales area, plus 1.0 space per 1,500 square feet of outdoor display and sales area |
Green Houses and Nurseries | 1.0 space per 300 square feet of indoor display and sales area, plus 1.0 space per 1,500 square feet of outdoor display and sales area |
Hotels & Motels | 1.0 space per sleeping room or suite, or 1.0 space per permanent occupant plus 1.0 space for each 2.0 employees |
Internet Cafes | 1.0 space per 100 square feet of floor area |
Internet Sweepstakes Establishments | 1.0 space per 250 square feet of floor area |
Kennels | 1.0 space for every 1,000 square feet plus 1.0 drop off space per 20 kennel spaces |
Laundry or Laundromat | 1.0 space per 250 square feet of floor area |
Lodging Houses | 1.0 space per sleeping room or suite, or 1.0 space per permanent occupant plus 1.0 space for each 2.0 employees |
Lumber Yard | 1.0 space per 200 square feet of retail sales area over 1,000 square feet |
Medical and Dental Centers or Outpatient Clinics | 1.0 space per 200 square feet |
Mobile Home Sales | 1.0 space per 150 square feet of retail area, plus 1.0 space per 2 employees on the maximum work shifts |
Nursery Schools or Childcare Centers | 1.0 space for every 4 children based on maximum occupancy |
TABLE 1175.04-1: MINIMUM PARKING REQUIREMENTS (Cont.) | |
USE | REQUIRED NUMBER OF PARKING SPACES |
COMMERCIAL USE CLASSIFICATION | |
Offices | 1.0 space per 400 square feet of floor area with a minimum of 5 spaces |
Printing & Publishing | 1.0 space per 3 employees |
Restaurants | 1.0 space per 100 square feet of floor area |
Restaurants, Fast Food | 1.0 space per 100 square feet of floor area plus stacking spaces required per Section 1175.07 Stacking Space Requirements |
Retail and Service Commercial Uses | 1.0 space per 250 square feet of retail area |
Self-Storage Facilities or Mini-Warehouses | 3.0 spaces, plus 1.0 space per 50 units |
Services, Business | 1.0 space per 250 square feet, with a minimum of 5 spaces |
Services, Financial | 1.0 space per 300 square feet, with a minimum of 5 spaces |
Services, Personal | 1.0 space per 250 square feet, or 2.0 spaces per station/chair, whichever is greater |
Services, Professional | 1.0 space per 250 square feet, with a minimum of 5 spaces |
Sexually Oriented Businesses | 1.0 space per 250 square feet of floor area, with a minimum of 5 spaces |
Tattoo/Piercing Parlors or Studios | 2.0 spaces per station or service chair |
Transportation & Trucking Terminals | 1.0 space per 500 square feet, plus space to accommodate all vehicles used in connection therein |
Transportation Equipment Sales & Repair | 1.0 space per 1,000 square feet of indoor display area plus 1.0 space per 3,000 square feet of outdoor display area |
Truck, Trailer or Farm Implement Sales and Service | 1.0 space per 1,000 square feet of indoor display area plus 1.0 space per 3,000 square feet of outdoor display area |
Truck Washes | 3.0 spaces per washing bay |
Wholesale Businesses | 2.0 spaces, plus 1.0 space per 300 square feet of retail sales area over 1,000 square feet |
TABLE 1175.04-1: MINIMUM PARKING REQUIREMENTS (Cont.) | ||
USE | REQUIRED NUMBER OF PARKING SPACES | |
INDUSTRIAL USE CLASSIFICATION | ||
Auto & Metal Salvage Operations (junkyard) | See subsection 1175.04(b)(5) | |
Building Materials Sales & Storage | 2.0 spaces, plus 1.0 space per 200 square feet of retail sales area over 1,000 square feet | |
Bulk Plant | See subsection 1175.04(b)(5) | |
Contractor Offices and Storage | 1.0 space per 250 square feet plus 1.0 space per 5,000 square feet of storage area | |
Crematory | See subsection 1175.04(b)(5) | |
Grain Elevator & Feed Mills | See subsection 1175.04(b)(5) | |
Laboratories | 1.0 space per 500 square feet | |
Manufacturing, General; Manufacturing, Limited; and Manufacturing Restricted | 1 - 3,000 square feet of floor area | 1.0 space per 250 square feet |
3,001 - 5,000 square feet of floor area | 1.0 space per 500 square feet | |
5,001 - 10,000 square feet of floor area | 1.0 space per 750 square feet | |
10,001 or more square feet of floor area | 1.0 space per 1,250 square feet | |
Mineral, Gravel or Sand Extraction | See subsection 1175.04(b)(5) | |
Oil & Gas Well | See subsection 1175.04(b)(5) | |
Oil & Gas Well Equipment Sales & Storage | 2.0 spaces, plus 1.0 space per 200 square feet of retail sales area over 1,000 square feet | |
Research & Development Facilities | 1.0 space per 500 square feet | |
Sawmill | See subsection 1175.04(b)(5) | |
Slaughterhouses | See subsection 1175.04(b)(5) | |
Stockyards | See subsection 1175.04(b)(5) | |
Warehousing, Distribution or Storage Facility | 1.0 space per 500 square feet | |
NOTES:
[1] One additional space of proper size and construction shall be provided for each additional operational vehicle owned or continuously stored on a residential property by the resident or owner | ||
(c) Bicycle Parking Spaces.
(1) All nonresidential uses requiring twenty-five (25) parking spaces or more should provide two (2) bicycle parking spaces for each twenty-five (25) required parking spaces, or fraction thereof, but not more than twenty (20) spaces shall be required.
(2) Bicycle racks or other accommodations to allow locking of bicycles should be provided and placed within reasonable access to the main entrance.
(3) The space should be at least two (2) feet wide by six (6) feet long in size.
(4) The location of bicycle racks should not obstruct access to building entrances.
(d) Parking Requirements for the Physically Disabled. Parking spaces for the physically disabled shall be provided as required by the Americans with Disabilities Act regulations and shall include all necessary markings, striping, and signage.
(e) Design Standards for Off-Street Parking Areas.
(1) Location. Off-street vehicular use areas shall be located on the same lot as the use they are intended to serve, except where shared or off-site parking is authorized per Section 1175.05 Alternative Parking Options. Off-street parking facilities shall be located as hereinafter specified.
A. Vehicular Use Areas in Nonresidential Districts.
1. Vehicular use areas located in nonresidential districts shall not encroach into any required landscaping or buffer yard as established in Subsection 1173.02(b)(2). Yard Requirements for Nonresidential Uses Abutting Residential Districts or Chapter 1177 Landscaping and Buffer Standards, with the exception of approved driveways.
2. All vehicular use areas shall be set back a minimum of five (5) feet from any lot line or street right-of-way.
3. No part of any parking area for five (5) or more vehicles shall be closer than twenty (20) feet to any dwelling, school, hospital, or any other institution for human care located on an adjoining lot, unless screened by an unpierced masonry wall, with no advertising, and per the regulations of Subsection 1177.06(e) Fence or Wall Screens.
(2) Parking Space Size. Each off-street parking space shall have an area of not less than 180 square feet, exclusive of access drives or aisles, and shall be of useable shape and condition, and a minimum width of nine and one-half (9.5) feet.
(3) Internal Access and Maneuverability.
A. There shall be adequate provision for ingress and egress to all parking spaces. Where a lot abuts on a public or private alley or easement of access, an access drive with a width as specified in Table 1175.04-2: Aisle Dimensions shall be provided leading to the parking or storage areas, or to the loading or unloading spaces required in Section 1175.10 Off-Street Loading. In the case of residential dwellings, an access drive of no less than eight (8) feet in width shall be provided.
TABLE 1175.04-2: AISLE DIMENSIONS | |||
AISLE WIDTH | |||
PARKING ANGLE | ONE-WAY | TWO-WAY | WIDTH OF ACCESS DRIVE |
0º | 12 feet | 18 feet | 20 feet |
45º | 13 feet | 20 feet | 20 feet |
60º | 18 feet | 22 feet | 20 feet |
90º | 22 feet | 24 feet | 20 feet |
B. All parking spaces shall be entered and exited along parking aisles with dimensions as specified in Table 1175.0- 2: Aisle Dimensions, and arranged perpendicular to access drives wherever possible.
C. No parking spaces shall be located along entry drives within thirty (30) feet of the right-of-way or easement line, nor within eight (8) feet of the curb or pavement edge of such restricted entry drive area.
D. Where room permits, parking spaces should be entered and exited along parking aisles and not along main entrance drives for the purposes of safety and to prevent traffic congestion.
E. With the exception of driveways serving single-family dwellings, wherever more than three (3) parking spaces are served by a single driveway, a turnaround area shall be provided, or other provisions shall be made, to permit cars to exit the parking lot or garage without backing onto any street or sidewalk.
F. Each parking space shall be provided with a sufficient back-up area to permit egress in one maneuver, consisting of one backward and one forward movement.
(4) Access to Adjacent Parcels. Cross access easements to adjacent parcels shall be provided where practical in order to achieve better circulation throughout the City and to minimize driveway cuts along public roads.
A. If only one of the adjacent parcels is subject to review, this cross access easement requirement shall be established as a condition of the zoning permit approval, prohibiting the applicant from denying cross access from adjacent parcels.
B. At the establishment of the easement, shared maintenance agreements shall be filed with the Defiance County Recorder and provided to the Zoning Commissioner and City Engineer for City files.
C. All cross access easements shall comply with the City of Defiance Access Management Regulations.
(5) Wheel Stops and Curbing.
A. Continuous curbs of concrete, asphalt, stone or other similar material at least six (6) inches high and six (6) inches wide shall be provided for parking spaces located adjacent to fences, walls, property lines, landscaped areas, and structures, unless the elimination of this curbing is required to adhere to storm water management requirements.
B. Continuous curbs shall be located a minimum of four feet from any structures, buildings, or walls to prevent a vehicle from hitting any structure at the edge of a parking area. See Figure 1175.04-1.
 |
Figure 1175.04-1: Continuous curb.
C. Individual wheel stops may be provided in lieu of continuous curbing only when the parking is adjacent to a landscaped area, and the drainage is directed to the landscaped area.
D. Parked vehicles may overhang an interior landscaped area no more than two and one-half (2.5) feet. Wheel stops or curbs shall be provided to ensure no greater overhang or penetration on the landscape area.
(Ord. 8592. Passed 7-2-24.)
1175.05 ALTERNATIVE PARKING OPTIONS.
This section includes methods of accommodating parking as an alternative to constructing the required number of parking spaces on an individual lot.
(a) Shadow Parking. A portion of the required parking spaces may remain landscaped and unpaved or paved with porous pavement provided that the parking and unpaved areas comply with the following standards. See Figure 1175.05-1.
 |
Figure 1175.05-1: Shadow parking.
(1) No more than thirty percent (30%) of the required number of parking spaces may be designated for shadow parking.
(2) The plans submitted with the zoning permit application shall denote the location and layout of that portion of the parking area that is deemed currently not required. The plan shall indicate that the "shadow" parking spaces will be constructed according to this code in the event that the Zoning Commissioner makes a finding, at any time, that all or any portion of this parking is necessary.
(3) At no time shall any portion of the required parking area that is so designated for future construction be used for the construction of any structure or paved surface with the exception that grass pavers or reinforced turf may be used to provide temporary parking provided that the pavers allow for grass and other vegetation to grow through the material.
(4) At no time shall any portion of the required parking or loading that is so designated for future construction as provided herein be counted as open space or other non-paved areas required by other provisions of this section.
(5) The owner shall initiate construction of the approved "future" parking area, as identified on the approved plan, within three (3) months of the receipt of a certified letter or a letter through normal postal service (in the event that the certified letter is not accepted) sent to the owner of record from the Zoning Commissioner, identifying that such parking is determined to be necessary.
(6) When the designated shadow parking area is constructed, such parking shall be constructed in a manner to meet the parking lot landscaping requirements of Chapter 1177 Landscaping and Buffer Standards.
(b) Shared Parking. A portion of the required parking spaces may be located on an adjacent property if the parking area complies with the following.
(1) Shared parking is encouraged and permitted if the multiple uses that the shared parking will benefit can cooperatively establish and operate the facilities.
(2) The applicant shall have the burden of proof for reduction of the total number of parking spaces and shall document and submit information substantiating their request. Shared parking may be approved if:
A. A sufficient number of spaces are provided to meet the highest demand of the participating uses.
B. The uses are located adjacent to each other.
C. Evidence has been submitted by the parties operating the shared parking facility, to the satisfaction of the Zoning Commissioner, documenting the nature of uses and the times when the individual uses will operate so as to demonstrate the lack of potential conflict between them.
D. The shared parking space shall be located not more than 500 feet from the primary entrance of the use served, measured along the shortest legal, practical walking route. This route may include crossing a right-of-way provided it uses a legal crosswalk.
E. A legal shared parking agreement is submitted and approved by the law director, that provides for the rights of the respective parties to use the shared parking areas in a manner adequate to accommodate multiple users or that parking spaces will be shared at specific times of the day (i.e., one activity uses the spaces during daytime hours and another activity uses the spaces during evening hours). This agreement shall include provisions, evidence of deed restrictions or other recorded covenants that ensure that the spaces will be properly maintained during the life of the development.
F. The approved shared parking agreement shall be filed with the application for a zoning permit and shall be filed with the Defiance County Recorder and recorded in a manner as to encumber all properties involved in the shared parking agreement.
G. No zoning permit will be issued until proof of recordation of the agreement is provided to the Zoning Commissioner.
(c) Off-Site Parking. A portion of the required parking spaces may be located on a separate lot from the lot on which the principal use is located if the off-site parking complies with the following standards.
(1) Off-site parking shall not be used to satisfy the off-street parking standards for residential uses, hospitals, bars (if not incidental to a restaurant), or convenience stores and other convenience-oriented uses. Required parking spaces reserved for persons with disabilities shall not be located in an off-site parking facility.
(2) No off-site parking space shall be located more than 500 feet from the primary entrance of the use served, measured along the shortest legal, practical walking route. This route may include crossing a right-of-way provided it uses a legal crosswalk.
(3) Off-site parking shall not be permitted on a vacant lot in a residential zoning district.
(4) Off-site parking areas shall adhere to the regulations of the same or a more intensive zoning classification than that required for the use served.
(5) In the event that an off-site parking area is not under the same ownership as the principal use served, a written off-site parking agreement shall be required.
(6) An off-site parking agreement shall be submitted and approved as to form by the law director. This agreement shall include provisions, evidence of deed restrictions or other recorded covenants that ensure that the spaces will be properly maintained during the life of the development.
(7) The off-site parking agreement approved by the Law Director shall be filed with the application for a zoning permit and shall be recorded as a deed restriction or covenant in a manner as to encumber all properties involved in the off-site parking agreement.
(8) A zoning permit shall not be granted until proof of recordation of the agreement is provided to the Zoning Commissioner.
(9) Off-site parking shall be used and maintained solely for parking as long as the use, as recorded and approved, exists. The off-site parking agreement may be terminated when the additional site is no longer necessary, there is a change of use, or the approved conditions are no longer applicable.
(Ord. 8592. Passed 7-2-24.)
1175.06 OTHER USES WITHIN REQUIRED PARKING AREAS.
(a) No vehicle repair work or service of any kind, except emergency repairs, shall be permitted in or associated with any vehicular use area.
(b) Outdoor display, sales, or storage of any merchandise within any required vehicular use area shall not be permitted unless otherwise specifically permitted as regulated in Section 1169.10 Accessory Use and Structure Regulations.
(Ord. 8592. Passed 7-2-24.)
1175.07 STACKING SPACE REQUIREMENTS.
(a) The number of required stacking spaces shall be as specified in Table 1175.07-1: Stacking Requirements. See Figure 1175.07-1 for illustration of stacking spaces. Stacking spaces do not count towards the parking spaces required in accordance with Section 1175.04 Off-Street Parking Regulations.
TABLE 1175.07-1: STACKING REQUIREMENTS | ||
ACTIVITY | MINIMUM STACKING SPACES (PER LANE) | MEASURED FROM |
Financial Institution or Automated Teller Machine (ATM) | 3 | Teller or Window |
Restaurant | 6 | Pick-Up Window |
Full Service Automotive Washing Establishment | 6 | Outside of Washing Bay |
Self-Service Automotive Washing Establishment | 2 | Outside of Washing Bay |
Fuel or Gasoline Pump Island | 2 (per side) | Pump Island |
Other | As determined by the Zoning Commissioner | |
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Figure 1175.07-1: Location of stacking spaces and lanes.
(b) Stacking lanes shall be provided for any use having a drive-through facility and shall comply with the following standards:
(1) Drive-through stacking lanes shall have a minimum width of ten (10) feet.
(2) Stacking lanes shall be set back twenty-five (25) feet from rights-of-way.
(3) Stacking spaces shall be a minimum of nine (9) feet by eighteen (18) feet in size.
(Ord. 8592. Passed 7-2-24.)
1175.08 PARKING OF RECREATIONAL VEHICLES.
The parking of recreational vehicles in any residential zoning district for forty-eight (48) hours or longer shall be prohibited, except that such recreational vehicles may be stored in an enclosed garage or other accessory building or parked in the rear yard of a residential property, provided that:
(a) No living quarters shall be maintained, or any business conducted, while the recreational vehicle is stored or parked.
(b) The recreational vehicle is intended and used for the sole benefit and enjoyment of the resident occupants of the property on which it is stored or parked.
(c) The recreational vehicle shall be parked or stored at least five (5) feet from the side or rear lot lines of the property on which it is parked or stored.
(Ord. 8592. Passed 7-2-24.)
1175.09 MOBILITY AND SIDEWALKS.
(a) Sidewalks Along a Public Street.
(1) Any use or building subject to the provisions of this chapter and established after the effective date of this code shall be required to provide a minimum of four foot wide sidewalk along all public streets for the full length of street frontage.
(2) Any established use or building that is expanded more than fifty percent (50%) of the existing floor area after the effective date of this code shall be required to install a minimum of four (4) foot wide sidewalk along all public streets for the full length of street frontage.
(3) All sidewalks shall meet the minimum design requirements of the rules and regulations of this code and the Engineering Handbook.
(b) Walkway Connections to Public Sidewalks.
(1) There shall be one internal continuous sidewalk of at least four (4) feet in width that provides a direct connection from the public street to the primary customer entrance or to the sidewalk along a multi-tenant building.
(2) This sidewalk may be located in a landscape median within a vehicular use area.
(3) At a minimum, all internal pedestrian walkways shall be constructed of a surface that is visually distinct from the parking area surface by use of pavers, scored or stamped concrete, or bricks. Applicants are strongly encouraged to physically separate internal walkways from the vehicular circulation drives.
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Figure 1175.09-1: Pedestrian connection through a vehicular use area.
(4) Sidewalks, at least eight (8) feet in width, shall be provided along any facade featuring a customer entrance. At all times, such sidewalks shall maintain a clear pedestrian passage not less than five (5) feet in width. Additionally, such sidewalks shall connect all customer entrances to other internal sidewalks.
(5) Sidewalks shall meet design requirements of the Americans with Disabilities Act.
(6) Crosswalks shall be provided across drive aisles and access lanes to connect pedestrian paths.
(Ord. 8592. Passed 7-2-24.)
1175.10 OFF-STREET LOADING.
(a) Applicability. On the same premises with every building, structure, or part thereof, erected and occupied for commerce, industry, public assembly, or other uses involving the receipt or distribution by vehicles of materials or merchandise, there shall be provided and permanently maintained adequate space for standing, loading and unloading services in order to avoid undue interference with public use of the streets or alleys in conformance with this section.
(b) Number of Loading Spaces Required.
(1) Table 1175.10-1: Loading Space Requirements establishes the number of required loading spaces.
TABLE 1175.10-1: LOADING SPACE REQUIREMENTS | |
GROSS FLOOR AREA | REQUIRED NUMBER OF SPACES |
Up to 10,000 square feet | 0 |
10,001 to 25,000 square feet | 1 |
25,001 to 50,000 square feet | 2 |
50,001 to 100,000 square feet | 3 |
100,001 to 200,000 square feet | 4 |
Over 200,000 square feet | 4 plus 1 additional space every
50,000 square feet over 200,000 square feet |
(2) Off-street loading spaces shall not count toward any minimum parking space requirements.
(c) Loading Space Design Standards. Every loading space shall be designed, constructed, and maintained in accordance with the standards and requirements set forth below:
(1) Location of Required Loading Spaces.
A. Loading spaces shall be located on the same lot as the building or structure to which they are accessory.
B. No loading space shall be located in any front yard, nor shall it permit any vehicle to extend into any front yard or across any lot lines of a more restrictive district while the vehicle is being loaded or unloaded.
C. Subject to the limitations of Chapter 1173 General Development Standards, the space may be located in a required side or rear yard.
D. No space shall be located closer than fifty (50) feet to any lot in any residential district, unless located wholly within an enclosed building, or unless enclosed on all sides by a wall or fence at least six (6) feet in height.
(2) Dimensions. Loading spaces shall have a minimum width of twelve (12) feet, a minimum length of forty (40) feet and a minimum vertical clearance of fifteen (15) feet.
(3) Access.
A. Loading spaces shall be designed and arranged to provide access to a street or alley in a manner that will create the least possible interference with traffic movement and parking lot circulation.
B. No part of any truck or van that is being loaded or unloaded may extend into the right-of-way of a public thoroughfare.
C. Loading spaces shall be designed with sufficient apron area to accommodate truck-turning movements and to prevent backing of trucks onto any street right-of-way.
(4) Screening.
A. All operations, materials, and vehicles within any loading space that are visible from a public street or from any residential use shall be screened.
B. The screening material shall be at least six (6) feet in height and one hundred percent (100%) opaque and shall satisfy the buffer requirements of the most restrictive adjacent district.
C. Screening areas shall also be subject to applicable requirements and standards in Chapter 1177 Landscaping and Buffer Standards.
(5) Surfacing. All loading spaces shall be graded and provided with a durable and dustless hard surface of asphalt, concrete, or other suitable materials.
(6) Drainage. All loading space areas shall provide for the proper drainage of surface water in accordance with all applicable federal, state, and City run-off control and sediment abatement regulations, to prevent the drainage of such water onto adjacent properties and onto sidewalks.
(7) Lighting. The lighting of off-street loading areas shall be regulated by Section 1173.03 Outdoor Lighting.
(Ord. 8592. Passed 7-2-24.)
1175.11 TRAFFIC ACCESS MANAGEMENT.
Access to off-street parking and loading areas is regulated by the City of Defiance Access Management Regulations.
(Ord. 8592. Passed 7-2-24.)