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Delaware City City Zoning Code

ARTICLE XI

OFF-STREET PARKING AND LOADING REQUIREMENTS

Sec. 46-96.- Off-street parking requirements.

All uses permitted under this zoning chapter shall be subject to the following minimum requirements:

TYPES OF USES STANDARDS
Retail stores, all types, supermarkets One space per 200 square feet of floor area used or designed for sales on ground floor plus one space per 300 square feet of floor area used or designed for sales on all other floors plus one space per each two employees.
Banks and other financial institutions One space per 200 square feet of gross floor area.
Beauty and barber shops: personal services One space per 200 square feet of gross floor area.
Furniture and appliance stores One space per 400 square feet of floor area devoted to sales.
Roadside stands, new and used car and boat sales, mobile home dwelling unit sales, truck and trailer sales, outdoor equipment and machinery sales, commercial nurseries. Four spaces per salesperson, plus one space per two other employees during the period of greatest employment.
Funeral homes One space per 60 square feet of floor area available for seating accommodations, plus one per employee.
Hotels and motels One space for each guest room plus one space for each three employees.
Bowling alley Five spaces for each alley.
Rooming and boarding house One space per roomer or boarder, in addition to normal requirements for the swelling unit.
Business, governmental and professional offices One space per 300 square feet of gross floor area.
Marina Three spaces for each ten boats accommodated.
Indoor and outdoor commercial recreation One space for each 100 50 square (150 2 ) feet of gross floor, building or ground area devoted to such use or one space per four seats of facilities available for patron use, whichever is applicable.
Restaurant with a drive-in facility or franchise with sit down service 25 spaces minimum, plus one space for each 100 square feet of gross area.
Restaurants, diners, and night clubs One space per three seating accommodations plus one space per two employees on the shift of greatest employment.
Dwelling, single family Two space per dwelling unit.
Dwelling, two family Two space per dwelling unit.
Dwelling, multi-family Two spaces per dwelling unit.
Nursing home, convalescent home, rest home, home for the aged One space per four patient beds, plus one space for two employees on the shift of greatest employment.
Automotive service station or public garage One space per 1,000 square feet of gross floor area, plus one space per employee during the period of greatest employment.
Hospital One space per three beds intended for patients (except bassinets or beds in student nurses quarters) plus one space per two employees on the shift of greatest employment.
Churches One space per five seats or one space per 90 feet of linear inches of pew space.
Museum and art gallery, and similar uses One space per four seats in rooms for public assembly or for each 100 50 (150) square feet of gross floor area for use by the public, whichever is greatest plus one space for each (2) employees on the shift of greatest employment.
Public Library, Post Office One space per 400 square feet of gross floor area devoted to patron use, plus one space per two employees on the shift of greatest employment.
Fire Station One space per person on duty on a normal shift.
Elementary and junior high school Three spaces per room used for administration offices, plus one space used for classroom instruction, plus one space for five seats in auditorium and other places of assembly or facility available to the public.
Senior high school, trade and vocational school, college and university Five spaces per room used for administration offices, plus one space per room used for class instruction, plus one space for each five seats in auditorium and other places of assembly or facility available to the public.
Auditorium, stadium, assembly hall, gymnasium, theater, community recreation center One space for four fixed seats in largest assembly room or area or for each 40 square (40 2 ) feet of floor area available for the accommodation of moveable seats in the largest assembly room, or one space per 100 50 (150) square feet of gross floor area, whichever is applicable to the facility.
Social, fraternal, social service, union and civic organization building One space per 60 square feet of assembly area, plus one space per each employee.
Day nursery, kindergarten, pre-school and day care center One space per adult attendant, plus one space per 500 square feet of gross floor area devoted to such uses.
Industrial, manufacturing and wholesaling establishment One space per two employees on the shift of greatest employment, plus one space per 200 square feet of floor area devoted to sales.
Dormitory One space per three residents.
Department stores One space per 100 square feet of basement and first floor sales area plus one space per 200 square feet of all other sales areas, plus one space for each two permanent employees.
Airport, railroad passenger station and bus terminal One space per four seating accommodations for waiting passengers, plus one space per two employees on the shift of greatest employment.
Indoor courts, shopping center Seven spaces per court plus five and half (5½) spaces per thousand (1000) square feet of gross leasable floor area.
Bed & Breakfasts To be determined on a case by case basis by the Board of Adjustment taking into consideration the unique facts and circumstances of each case and the requirements of Charter 46, Article XIII, Section 46-121 c.) 7.) as part of the Special Exception approval process.
All Dwelling Units Garages do not count as a parking space(s) for any type of dwelling unit.
All Residential Dwelling Units On-street parking shall not be considered as off-street parking, unless:
(a) Approved by the Board of Adjustment.
(b) Dwelling units shall not take credit for on-street parking if there is impact upon parking for commercial properties.

 

(Ord. No. 08-0507-01, 6-16-2008; Ord. 21-0816-01, 11-15-2021)

Sec. 46-97. - Loading spaces.

No building or structure shall be erected in any district for the uses listed below unless loading space for the accommodation of trucks is provided on the premises in accordance with the following regulations:

(a)

For retail stores, markets, wholesale and jobbing establishments, and storage warehouses, the number of berths based on the gross floor area devoted to such use is as follows:

(1) 5,000 to 8,000 square feet of floor area One berth
(2) 8,000 to 20,000 square feet of floor area Two berths
(3) Each additional 20,000 square feet or fraction thereof up to a maximum of 60,000 square feet of floor area One additional berth

 

(b)

For office buildings and hotels, the number of berths based on the gross floor area devoted to such uses is as follows:

(1) 8,000 to 20,000 square feet of floor area One berth
(2) Each additional 50,000 square feet of or major fraction thereof up to a maximum of 120,000 square feet of floor area One additional berth

 

(c)

Each manufacturing and industrial establishment with a total of 5,000 square feet of gross floor area devoted to such uses shall provide loading space adequate, in the opinion of The planning commission, to accommodate the normal demands for loading and unloading incidental to the type of use proposed on the premises. A statement outlining these demands and a plan showing the location on the lot of the space to be provided shall accompany the application for a certificate of occupancy. No such certificate shall be issued unless the required loading space shall have been provided in accordance with that designated on the approved plan.

Sec. 46-98. - General provisions.

(a)

Parking spaces in driveways. Driveways shall be considered as constituting off-street parking spaces in residential districts, provided that sufficient spaces are available on such driveways to meet the requirements of this article.

(b)

Locations of parking spaces for commercial uses:

(1)

Parking spaces shall be located so that no spaces are a greater distance than 2,640 feet (one-half mile) from the building or use to which they are assigned; provided that this requirement shall not apply to parking spaces assembly; wholesaling establishments; hospitals.

(2)

In the C-1 and C-1L Commercial Districts, the combination of available off-street and on-street parking within 2,640 feet (or one-half mile) of the effected business shall be deemed adequate for commercial parking requirement purposes.

(c)

Parking spaces assigned to one use. The parking spaces for separate buildings or uses, satisfying the location requirement of Section b, may be combined in a single lot provided the number of parking spaces in the lot shall equal the sum of the parking spaces required for each building and use, except, that the parking spaces required for places of assembly may include parking spaces assigned to other uses provided that the place of assembly shall not be used at a time when the other uses are carried on.

(d)

Parking plans required. Plans for public lots, garages, storage area operated on a commercial basis and parking areas accessory to multi-family, commercial and office uses shall show the number of spaces and arrangements of parking aisles, location of driveway entrances, provisions for vehicular and pedestrian circulation, locations of sidewalks and curbs on or adjacent to the property, utilities, barriers and such other information or plans as the circumstances may warrant and shall be submitted with the application for a building permit or certificate of occupancy. Any building permit issued in connection with such use shall be conditional upon compliance with such plans, and no certificate of occupancy shall be issued unless the required parking facilities shall have been provided in accordance with those designated on the approved plan.

(e)

Barriers required. Barriers shall be erected on all parking lots; the barriers to be so designed and located to prevent parked vehicles from extending beyond property lines of parking lots.

(f)

Parking lot and garage maintenance. Ground cover, shrubs and trees shall be located and maintained so as not to interfere with vehicular and pedestrian traffic on the property or with sight clearance at entrances and exits.

(g)

Fractional space. When the application of a unit of measurement for parking space or loading space to a particular use or structure results in a fractional space, any fraction under one-half shall be disregarded, and fractions of one-half or over shall be counted as one parking space or loading space.

(h)

Parking space standards. Parking spaces and aisle ways shall be designed in accordance with the following dimensional standard:

Parking Angle Stall Width Aisle Way to Curb Aisle Way Width
90 degrees 9 feet 18 feet 18 feet for one-way traffic
60 degrees 9 feet 18 feet 18 feet for two-way traffic
45 degrees 9 feet 18 feet 14 feet for one-way traffic
18 feet for two-way traffic
Parallel 8 feet 22 feet 14 feet for one-way traffic
22 feet for two-way traffic

 

In addition, all parking spaces for use in conjunction with public parking lots, garages, and storage areas operated on a commercial basis and parking areas accessory to multifamily, commercial, industrial and office uses shall be appropriately striped.

(i)

Paving standard. All off-street parking shall be paved with a suitable weatherproof surface.

(j)

Application. These requirements shall apply to all new buildings and uses and to additions to existing buildings and uses in all districts.

(Ord. 21-0816-01, 11-15-2021; Ord. No. 24-0819-01, § 1, 9-16-2024)

Sec. 46-99. - Handicap parking.

All real property uses in the City of Delaware City, other than residential uses not served by on-lot parking, shall provide parking spaces for motor vehicles which transport disabled persons in accordance with this section's standards and the Americans with Disabilities Act ("ADA"), as may be amended from time to time, whichever is more restrictive. Notwithstanding the foregoing, lawful real property uses not serviced by on-lot parking and residential use containing four or fewer dwelling units need not comply with this section's standards unless otherwise required by subsection (e) hereof.

(a)

Handicap parking spaces shall be a minimum of eight feet wide by 18 feet long with an adjacent parallel access aisle five feet wide. The adjacent parallel access aisle may be shared by two accessible parking spaces. One in every eight accessible spaces shall have an access aisle a minimum of eight feet wide (rather than five feet) and shall be designated by sign as "van accessible".

(b)

Handicap parking spaces shall be located as close as possible to an entrance which allows such persons to enter and leave the parking area and building without assistance. Where feasible, this means locations where there is no need to cross vehicular access lanes or aisles. Ramps shall be provided at curbs.

(c)

Handicap parking spaces shall be posted and marked with both a ground-mounted sign and pavement markings which includes the international symbol for barrier free environments and a statement informing the public that the parking spaces are reserved for use by disabled persons.

(d)

The required number of off-street handicap parking spaces for each use shall be determined by the following schedule:

Total No. of Parking Spaces Provided Number of Handicap Spaces Required
1—25 1
26—50 2
51—75 3
76—100 4
101—150 5
151—200 6
201—300 7
301—400 8
401—500 9
501 or more 2% of total

 

(e)

Single family residential units with on-lot parking and designed to accommodate disabled persons shall provide one on-lot handicap parking space for each dwelling unit designed for such occupancy.

(f)

Off-street parking spaces required for the disabled by this section shall count toward fulfilling this chapter's total off-street parking requirements.

(g)

Other Code guidelines for handicap accessibility to public facilities shall be in accordance with regulations issued by federal agencies, including the United Stated Department of Justice, under the Americans with Disabilities Act of 1990. The city manager shall be authorized to adopt reasonable rules and regulations to implement the provisions of this section and such federal regulations.

(h)

Whosoever shall violate any of the provisions of this section or otherwise violate any of the rules and regulations adopted pursuant to this Section shall be guilty of a violation punishable by a fine of $100.00 for each occurrence. Notwithstanding the foregoing, no person or artificial entity shall be guilty of such violation unless the city manager or law enforcement officer of the City of Delaware City shall first have issued a written warning to such person or artificial entity which warning shall allow for at least 30 days to come into compliance. Thereafter, each day of non-compliance hereunder shall represent a separate and independent violation and the city manager or law enforcement officer of the City of Delaware City may issue a summons or apply for a warrant of arrest in the name of the offending individual or artificial entity.

(Ord. No. 04-0126-02, 3-15-2004)