Depew City Zoning Code
§ 260-34
Off-street parking, loading and stacking.
A.
Purpose. Off-street parking, loading and stacking requirements and regulations are established in order to achieve the following purposes:
(1)
To relieve congestion so that streets can be utilized more fully for movement of vehicular traffic;
(2)
To promote the safety and convenience of pedestrians and shoppers by locating parking areas so as to lessen car movements in the vicinity of intensive pedestrian traffic;
(3)
To protect adjoining residential neighborhoods from on-street parking;
(4)
To promote the general convenience, welfare and prosperity of business, service, research, production and manufacturing developments which depend upon off-street parking facilities;
(5)
To insure that parking facilities are designed with careful regard to orderly arrangement, topography, landscaping and ease of access and developed as an integral part of an overall site design; and
(6)
To provide regulations and standards for the development of off-street parking, loading and stacking facilities in accordance with the objectives of the Comprehensive Plan.
B.
Scope of regulations. Off-street parking, loading and stacking facilities shall be provided as a condition precedent to occupancy of all buildings:
(1)
Whenever a new building is constructed or new use established;
(2)
Whenever an existing building is altered and there is an increase in the number of building units, seating capacity or floor area of the building; and
(3)
Whenever an existing building is changed to a more intensive use requiring more off-street parking, loading or stacking facilities.
C.
Rules for computing requirements.
(1)
Fractional requirements. When units of measurement used in computing the number of required off-street parking, loading and stacking spaces result in the requirements of a fractional space, the nearest whole number of off-street parking spaces shall be required.
(2)
Employees. Whenever parking requirements are based on the number of employees, it shall mean the maximum number of employees on duty on the premises at one time or any two successive shifts, whichever is greater.
(3)
Net floor area. For the purpose of calculating the minimum requirements for off-street parking, net floor area shall be calculated according to the following:
(4)
Seating capacity. The number of seating units installed or indicated on the plans, in restaurants and areas devoted to dining, shall not be less than one unit per 15 square feet of floor area; where units are not indicated on the plan, it shall be assumed that seating units will be provided at a ratio of one for each 10 square feet of floor area. Floor area constitutes the actual area of the assembly space, not including accessory unoccupied space or the thickness of walls.
(5)
Parking for single-use and multiuse buildings or sites.
(a)
A building occupied by one use shall provide the off-street parking spaces as required for the specific use. A building or group of buildings occupied by two or more uses, operating normally during the same hours, shall provide spaces for not less than the sum of the spaces required for each use.
(b)
For a shopping center, parking spaces shall be provided for the total net floor area of the building or buildings as set forth in the Schedule of Parking Requirements below, instead of the requirements based on each separate use.
D.
No reduction below requirement. Existing parking and loading spaces may not be reduced below the requirements established in this section without approval of an alternative parking plan by the Commissioner of Building. Any change in use that increases applicable off-street parking or loading requirements will be deemed a violation of this code unless parking and loading spaces are provided in accordance with the provisions of this section.
E.
Schedule of parking requirements.
(1)
Minimum parking requirements. Off-street parking facilities shall be provided in quantities not less than set forth in the following schedule:
Schedule of Parking Requirements | ||
|---|---|---|
RESIDENTIAL USES | Required Parking Spaces | |
Multifamily dwelling | 2 per dwelling unit | |
Single-family detached dwelling | 2 per dwelling unit | |
Two-family | 2 per dwelling unit | |
PUBLIC AND CIVIC USES | Required Parking Spaces | |
|---|---|---|
Adult care facility | 1 per employee, plus 1 per 3 units | |
Auditoriums, gymnasiums, theaters, public assembly not otherwise listed | 1 per 3 seats or per 3 persons of posted capacity if permanent seats are not installed | |
Community residential facility, group home | 1 per employee (minimum of 2 spaces for community residences and 5 for intermediate care facility), plus 2 per facility vehicles, plus 1 per client vehicle, plus 4 visitor spaces | |
Community service | 1 per 200 square feet | |
Convalescent or nursing home, dwellings for elderly persons (65 or older) | 1 per 3 beds, plus 1 per employee | |
Day-care center, child | 1 per employee plus 1 per 8 persons of licensed capacity | |
Medical office or medical facility not otherwise listed | 1 per 150 square feet | |
Parks or open space not otherwise listed | 2 per acre, plus 1 per 250 square feet of park building | |
Place of worship | 1 per 3 seats or per 3 persons of posted capacity if permanent seats are not installed | |
School, nursery or primary | 2 per classroom or as required for assembly areas, whichever is higher | |
School, post-secondary | 1 per 2 classroom seats, plus spaces required for assembly area | |
School, secondary | 1 per classroom, plus spaces required for assembly area | |
Social service institution | 1 per 2 employees on maximum shift, plus 1 per 3 beds | |
Taxi dispatch center | 1 per employee, plus 2 visitor spaces | |
Telecommunication facility | 1 per service vehicle | |
Utility, minor | None | |
Utility not otherwise listed | 1 per facility, plus 1 per 250 square feet, plus 1 per fleet vehicle |
COMMERCIAL USES | Required Parking Spaces | |
|---|---|---|
Athletic, swim or health club | 1 per 2 persons of posted maximum capacity | |
Bowling alley | 6 spaces per alley | |
Call center | 1 per 100 square feet | |
Car wash | 1 space per 3 employees on maximum shift, plus 3 spaces per stall | |
Conservation, archery and gun clubs | Minimum 10 spaces | |
Dance, art, music or photo studio or classroom | 1 per 75 square feet of gross floor area devoted to activity | |
Funeral home or mortuary | 20 per parlor | |
Go-cart track | 2 per cart plus 1 per 60 square feet of waiting area | |
Golf course | 3 per hole, minimum 10 spaces | |
Golf driving range | 1 per driving stall, plus spaces as required for retail activities | |
Hair, tanning, and other personal care services | 2 per chair or operating station | |
Hotels, motels, tourist houses | 1 space per room, plus 1 per 6 seats in restaurant/bar area, plus 1 per 5 persons of posted capacity in conference or meeting room | |
Indoor recreation not otherwise listed | 1 per 250 square feet of floor area devoted to activity, plus 1 per 3 seats or 3 persons of posted capacity if there are no seats | |
Miniature golf | 1 per hole, plus spaces required for assembly space | |
Office, professional or not otherwise listed | 1 per 200 square feet of net floor area | |
Outdoor recreation fields (Football, soccer, baseball, bocce ball, etc.) | 1 per 3 seats or per 3 recreation participants | |
Parking, commercial | 1 space per employee on the maximum shift | |
Restaurant, take-out only | 1 per 10 square feet of take-out floor | |
Restaurant, bar, banquet hall and dining area | 1 per 3 seats, plus 1 per 100 square feet for customer area or takeout | |
Shopping center and retail sales and service not otherwise listed (25,000 to 200,000 square feet) | 5 per 1,000 square feet of net floor area, plus 1 per 5 seats in sit-down restaurants and theaters | |
Swimming pool, club or spa | 1 per 50 square feet of gross floor area and pool area devoted to activity | |
Tennis club | 3 per court | |
Self-service storage | 1 per 5,000 square feet of area devoted to storage | |
Vehicle repair | 5 spaces per bay plus 1 space per employee | |
Vehicle sales or rental | 2 per 300 square feet of gross floor area plus 1 per 2 employees on maximum shift | |
Vehicle service, limited (automobile collision and repair shop) | 2 spaces per bay, rack, stall or pit with a minimum of 6 spaces | |
Vehicle sales and service not otherwise listed | 1 per employee, plus 1 per 200 square feet |
INDUSTRIAL USES | Required Parking Spaces | |
|---|---|---|
Junkyard/salvage yard | 1 space per 2 employees on the maximum shift plus 10 spaces for customer parking | |
Industrial, heavy | 1 space per employee | |
Industrial service, light | 1 space per employee | |
Warehouse and storage occupancies | 1 per 1,000 square feet of gross floor area or 1 space per employee, whichever is greater | |
Waste-related service not otherwise listed | 1 space per 2 employees plus 1 space per vehicle used in operation | |
Wholesale trade | 1 space per employee |
(2)
Parking study option. As an alternative, petitioners for uses that appear on the requirements table may choose to conduct a parking study to determine appropriate parking requirements. Many uses have widely varying parking demand characteristics, making it difficult to specify a single off-street parking standard. This option is intended to allow development to meet vehicle parking and transportation access needs by means other than providing parking spaces on-site in accordance with the Schedule of Parking Requirements.
(a)
Parking study. A petitioner may submit a parking study that provides justification for the number of off-street parking spaces proposed in a new development or expanded use if the proposed number does not meet the requirements of the Schedule of Parking Requirements above. A parking study shall include estimates of parking demand based on recommendations of the Institute of Traffic Engineers (ITE), or other acceptable estimates as approved by the Commissioner of Building, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. Comparability will be determined by density, scale, bulk, area, type of activity, and location. The study shall document the source of data used to develop the recommendations.
(b)
Eligible alternatives. A number of specific parking and access alternatives may be considered, including off-site, shared or valet parking or the proximity of public transportation. The Code Enforcement Officer shall be authorized to consider and approve any alternative to providing off-street parking spaces on the site of the subject development if the petitioner demonstrates to the satisfaction of the Code Enforcement Officer that the proposed plan shall result in an equivalent or better situation with respect to surrounding neighborhoods, Village-wide traffic circulation or urban design than would strict compliance with otherwise applicable off-street parking standards.
(c)
Review by Code Enforcement Officer. The Code Enforcement Officer shall review the parking study and any other traffic engineering and planning data relevant to the establishment of an appropriate off-street parking standard for the proposed use. After reviewing the parking study, the Code Enforcement Officer shall establish a minimum off-street parking standard for the proposed use.
F.
Off-premises parking. Off-street parking spaces may be located on a separate lot from the lot on which the principal use is located if approved by the Code Enforcement Officer and if the off-site parking complies with the all of following standards.
(1)
Ineligible activities. Off-site parking may not be used to satisfy the off-street parking standards for residential uses (except for guest parking) or convenience stores. Required parking spaces reserved for persons with disabilities shall not be located off site.
(2)
Location. No off-site parking space may be located more than 500 feet from the primary entrance of the use served.
(3)
Zoning classification. Off-premises parking areas serving uses located in nonresidential zoning districts shall be located in nonresidential zoning districts. Off-site parking areas serving uses located in residential zoning districts may be located in residential or nonresidential zoning districts.
(4)
Agreement for off-premises parking. In the event that an off-premises parking area is not under the same ownership as the principal use served, a written agreement will be required. An attested copy of the agreement between the owners of record shall be submitted to the Code Enforcement Officer/Village Attorney for review and acceptance. Recordation of the agreement with the Erie County Clerk's office shall take place before issuance of a building permit for any use to be served by the off-premises parking area. The agreement shall run with the land until terminated with the approval of the Code Enforcement Officer/Village Attorney. An off-premises parking agreement may be revoked only if all required off-street parking spaces will be provided in accordance with this section.
G.
Shared use of parking facilities. A nonresidential use may make arrangements with another nonresidential use that normally has different hours of operation to share off-street parking spaces if approved by the Code Enforcement Officer. The shared parking shall comply with all of following standards.
(1)
Location. Shared parking facilities shall be located within 500 feet from the primary entrance of all uses served.
(2)
Zoning classification. Shared parking areas serving uses located in nonresidential zoning districts shall be located in nonresidential zoning districts. Shared parking areas serving uses located in residential zoning districts may be located in residential or nonresidential zoning districts.
(3)
Shared parking study. Those wishing to use shared parking as a means of satisfying off-street parking requirements shall submit a shared parking analysis to the Code Enforcement Officer that clearly demonstrates the feasibility of shared parking. The study shall be provided in a format acceptable to the Commissioner of Building. It shall address, at a minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.
(4)
Agreement for shared parking. A shared parking plan shall be enforced through written agreement among the owners of record. An attested copy of the agreement between the owners of record shall be submitted to the Code Enforcement Officer/Village Attorney for review and acceptance. Recordation of the agreement with the Erie County Clerk's office shall take place before issuance of a building permit for any use to be served by the shared parking area. The agreement shall run with the land until terminated with the approval of the Code Enforcement Officer/Village Attorney. A shared parking agreement may be revoked by the parties to the agreement only if off-street parking is provided pursuant to this section. Should any of the uses be changed or the facilities discontinued, then the required spaces for the remaining use(s) shall be provided elsewhere as a condition precedent to the continuation of the subject use(s).
H.
Parking, stacking and loading area design requirements. Parking, stacking and loading areas and access driveways shall be designed, graded, constructed, altered and maintained as follows:
(1)
Grading and paving. Parking, stacking and loading areas and access driveways shall be graded and drained so that the surface water shall not be allowed to flow onto adjacent properties. Parking areas and driveways shall be constructed as required by the Building Construction Administration Code.
(2)
Features. Parking, stacking and loading areas shall be arranged, marked and maintained as shown on the parking, loading and stacking plan approved as a part of the site plan in order to provide for orderly and safe parking, loading and storage of vehicles. The Planning Board may also require structural or landscape features, including, without limitation, bumper guards, curbs, walls or fences, to provide protection of property and persons and privacy and screening for adjacent land uses with visual, noise and air standards considered. A compact evergreen hedge, shrubs or other screening by a substantially solid fence between parking areas and the side or rear lot line of a residential district may also be required.
(3)
Illumination. Parking, loading and stacking areas shall be illuminated only to the extent necessary to insure the public safety and in accordance with § 260-36, Site lighting.
(4)
Pedestrian walks. Pedestrian walks between parking areas and buildings shall be provided to assure pedestrians' safety.
(5)
Driveways to parking, loading and stacking areas. Entrance and exit driveways serving parking, loading and stacking facilities, drive-in businesses, fee parking lots and public parking lots shall be provided in location, size and number so as to interfere as little as possible with the use of adjacent property and the flow of traffic on the streets to which they connect. Driveways located in nonresidential districts shall be located at least 10 feet from any residential zoning district.
I.
Off-street parking space and parking lot design.
(1)
Parking space dimensions. Required off-street parking spaces shall have minimum dimensions of nine feet in width by 19 feet in length. Parallel parking spaces shall have minimum dimensions of nine feet by 22 feet. Minimum aisle width shall be as follows:
Aisle Width (feet) | |||
|---|---|---|---|
Angle of Parking | One Way | Two Way | |
13 | |||
30° | 13 | ||
45° | 13 | 24 | |
60° | 18 | ||
90° | 24 | ||
 Aisle Width.tif.png "260-34H(1) Aisle Width.tif") |
(2)
Parking area location.
(a)
Residential districts and uses. Enclosed or open parking facilities, as required, shall be provided on the same lot as the dwelling unit served.
(b)
Business and industrial districts. In all nonresidential districts, off-street parking, loading and stacking facilities shall be provided on the same lot as the principal use, except as provided elsewhere herein.
J.
Vehicular stacking design requirements.
(1)
Minimum stacking requirements. In addition to minimum parking requirements established herein, the following stacking areas are required. The size of each stacking space shall be 20 feet in length by nine feet in width.
Specific Use | Minimum Stacking Spaces | Measured From | |
|---|---|---|---|
Automated teller machine/bank teller | 3 | Machine/teller window | |
Car wash, coin | 5 per stall | Entrance | |
Car wash, rapid | 35 per stall | ||
Drive-in photo facilities | 2 per service window | Service window | |
Gasoline pump island | 2 | Pump island | |
Restaurant, drive-through | 8 | Order box | |
8 | Order box to pickup window | ||
Other drive-in facilities | 5, or as determined by Code Enforcement Officer via traffic study option | ||
(2)
Location. Stacking spaces may not impede on- or off-site traffic movements or movements into or out of off-street parking spaces.
(3)
Design. Stacking spaces shall be separated from other internal driveways by raised medians if deemed necessary by the Code Enforcement Officer/Planning Board to improve traffic movement and safety.
(4)
Accessory drive-through windows. Accessory drive-through windows may be permitted by special use permit approved by the Village Board of Trustees and consistent with the design standards.
K.
Loading facility design requirements. Loading and unloading facilities shall be provided and maintained as long as such building is occupied or unless equivalent facilities are provided in conformance with the regulations of this section.
(1)
Allocation of use. Space required and allocated for any off-street loading facility shall not be used to satisfy the space requirements for off-street parking or stacking. An off-street loading space shall not be used for repairing or servicing of motor vehicles.
(2)
Location of facility. All required loading facilities shall be related to the building and use to be served to provide for loading and off-loading of delivery and other service vehicles and shall be so arranged that they may be used without blocking or otherwise interfering with the use of accessways, parking or stacking facilities, public streets or sidewalks. A required loading space shall not face or be visible from the frontage street and shall not be located in a required front yard or a required side or rear yard if adjoining a residential district.
(3)
Access driveways. Each required off-street loading space shall be designed for vehicular access by means of a driveway or driveways to a public street in a manner which will least interfere with adjacent traffic movements and interior circulation.
(4)
Minimum size criteria. A required off-street loading space shall be at least 12 feet wide by at least 20 feet in length. The above area shall be exclusive of the maneuvering space, and each loading facility shall have a vertical clearance of at least 14 feet.
(5)
Schedule of Required Loading Facilities. Off-street loading spaces shall be provided as required below.
Use | Gross Floor Area (square feet) | Number of Loading Spaces | |
|---|---|---|---|
Retail sales and service | Under 5,000 | None | |
5,000 to 50,000 | 1 | ||
50,000 to 100,000 | 2 | ||
Each additional 100,000 | 1 additional space | ||
Printing, warehouse and storage establishments | Under 40,000 | 2 | |
40,000 to 100,000 | 4 | ||
Each additional 50,000 | 1 additional space | ||
Industrial | Under 20,000 | 2 | |
20,000 to 40,000 | 4 | ||
Each additional 25,000 | 1 additional space |
(6)
Unlisted uses. Any use not listed may provide any number of loading spaces, provided that such spaces are constructed in accordance with the standards of this section.