The purpose of the off-street parking regulations is to ensure safe and orderly parking facility development that minimizes negative impacts on surrounding properties. Negative impacts from parking can occur when a surplus of parking spaces is provided; therefore, property owners are encouraged to properly size parking facilities, including using the tools contained in the regulations such as shared parking and exceptions for parking to minimize the amount of parking constructed.

In any zoning district, all structures built and any new uses established shall provide required off-street parking spaces, off-street loading areas and vehicle stacking spaces for drive-through facilities in accordance with the standards of this Article. When an existing structure or use is expanded in area, off-street parking shall be provided for the entire structure or use in accordance with the off-street parking schedule of Section 501. Plans showing the layout and design of all required off-street parking spaces, stacking spaces for drive-through facilities and loading areas must be submitted to and approved by the Zoning Administrator prior to construction, reconstruction, or modification and before a zoning permit and/or building permit is issued.

A.

General Provisions.

1.

Use of Required Off-Street Parking Areas: Except for parking required for single and two-family residential uses, required off-street parking spaces shall be reserved for the sole purpose of providing space for temporary parking of operable vehicles used by the occupants, employees, visitors or patrons of the building or lot being served by the parking facility. Such required parking spaces shall not be used for the storage, sale or display of goods or materials, including shopping cart storage corrals, or for the sale, repair or servicing of vehicles. Parking areas providing required spaces shall not be used to satisfy required off-street parking for new structures or additions to existing buildings, structures or uses of land. Required parking spaces for multiple-family residential and non-residential uses shall be maintained and shall not be reduced so long as the main building, structure or use remains, unless an equivalent number of such spaces are provided elsewhere.

2.

Parking Space Dimension: Except as provided below, a required off-street parking space shall be at least 8 feet 6 inches in width and at least 19 feet in length, exclusive of access drives or aisles, ramps or columns. A maximum of 10 percent of the required number of vehicle parking spaces may be designed for compact vehicles only. Such "compact vehicle only" spaces shall be appropriately signed. For purpose of these regulations, a compact vehicle is one whose length does not exceed 14 feet. The required minimum dimensions of a "compact vehicle only" parking space are 8 feet in width and 16 feet in length. The length of stalls shall be measured to the face of the curb.

3.

Access: For non-residential and multiple-family residential developments, each required off-street parking space shall open directly upon a circulation aisle with a width adequate to provide a safe and efficient means of vehicular movement and access. The minimum width of all two-way circulation aisles shall be not less than 24 feet. The minimum width of one-way circulation aisles shall be as follows:

For non-residential and multiple-family residential developments, no vehicular parking space shall be designed to exit or back directly onto a public street unless approved by the City Engineer. Back out parking within a public right-of-way is prohibited unless approved by the City Engineer. Such arrangements are discouraged, except for unusual circumstances and where the traffic safety of the public can still be protected.

4.

Open and Enclosed Parking: Required off-street parking spaces open to the sky may be located in any yard, except that in residential districts required parking spaces shall not be located in a required front yard, unless specifically authorized as part of an Administrative Adjustment. Vehicle parking structures, such as garages, canopies and carports, which are attached to the principal building, shall observe the required building setbacks identified for the principal building. Detached accessory garages and carports shall be subject to the provisions for accessory uses contained in Section 600 of these regulations and, in particular, the bulk regulations identified in Section 600.C.

5.

Computing Parking and Loading Requirements:

a.

MULTIPLE USES: Lots containing more than one use shall provide parking and loading in an amount equal to the total of the requirements for all uses, unless a shared parking plan is approved pursuant to Section 500.A.8 of this Article.

b.

FRACTIONS: When measurements of the number of required parking spaces result in fractions, any fraction of less than one-half shall be disregarded and any fraction of one-half or more shall be rounded upward to the next highest whole number.

c.

FLOOR AREA: Unless otherwise noted in these regulations, all square footage based parking and loading standards shall be computed based on gross building area. However, off-street parking shall be adequate to serve the entire site, including outdoor display areas and other outdoor uses.

d.

EMPLOYEE AND OCCUPANT-BASED STANDARDS: For the purpose of computing parking requirements based on the number of employees or occupants, calculations shall be based on the largest number of persons working on any single shift or the maximum occupant capacity as established by the adopted building code of the City, whichever is applicable.

e.

UNLISTED USES: Upon receiving a development application for a use not specifically listed in Section 501, the Zoning Administrator shall apply the parking and loading requirements specified for the listed use deemed most similar to the use proposed in the application as determined by the Zoning Administrator.

6.

Design and Maintenance:

a.

DESIGN: Required off-street parking spaces shall comply with design standards relating to curb length, stall depth, driveway width, island width, barriers and ingress and egress as may be established from time to time by the City. Such off-street parking spaces may be open to the sky or enclosed in a structure. Except for the "B-2A" BUCKNER BUSINESS DISTRICT and for single-family and two-family dwellings constructed prior to January 1, 1980, required off-street parking for single and two-family dwellings shall not be located within a required front yard.

1)

In residential zoning districts, additional accessory off-street parking on driveways for single and two-family dwellings and all types of manufactured and mobile homes is permitted; provided that the parked vehicle does not overhang into the street right-of-way (front lot line) and the total surfaced area within the front yard setback does not exceed twelve-hundred-fifty (1,250) square feet or seventy-five (75) percent of the dwelling's required yard, whichever is less, except that for lots greater than 100 feet in width the total surfaced area with the front yard setback shall not exceed fifty (50) percent of the dwelling's required yard.

2)

Required yard areas, except where paved for vehicle parking, loading, and circulation aisles, shall be landscaped with grass, shrubs, trees, or groundcover, and shall be maintained in good condition.

3)

In the "B-2A" BUCKNER BUSINESS DISTRICT, required parking for either residential or commercial uses may be located in the required front yard and may be extended 5 feet into adjacent street right-of-way.

b.

SURFACING: All required off-street parking spaces and driveways for single-family and two-family dwellings shall be surfaced with either poured in place concrete, asphaltic concrete, brick or similar paving material approved by the Zoning Administrator. When located between the principal structure and the street, accessory off-street parking for a single or two-family dwelling shall be paved. For single-family and two-family dwellings located on an unpaved street and for accessory parking located beside or behind the principal structure, the Zoning Administrator may permit a surfacing material for off-street parking spaces and driveways of one-half inch diameter crushed rock or similar material.

1)

For driveways existing prior to December 1, 1994, which serve a single-family or two-family dwelling and do not meet the above surfacing standard, one half inch diameter crushed rock or larger may be used as replacement surfacing material provided it is contained by curbs of concrete, brick, wood or similar material. The December 1, 1994 grandfathering date shall also apply to unpaved, all weather surfaced accessory off-street parking spaces located in the front yard of a single-family or two-family residential use. Such unpaved areas shall be maintained in good condition and free from weeds, grass, trash or other debris.

2)

In the R-1C "Suburban Single-Family Residential District" only, driveways and off-street parking areas located in front of the principal structure existing prior to July 1, 2013 which do not meet the above surfacing standard may utilize one half inch diameter crushed rock or larger as replacement surfacing material provided it is maintained in good condition and free from weeds, grass, trash or other debris. Existing and new accessory off-street parking spaces and drives providing access thereto, which are located in a side or rear yard of the principal structure, may be surfaced with an all-weather surface. Owners of properties maintaining permitted crushed rock or all-weather driveways shall be responsible for keeping the street right-of-way clear of any debris resulting from accessing the public street from a private drive.

3)

All off-street parking lots and loading areas and all driveways serving multiple-family, institutional, commercial or industrial uses shall be surfaced with poured in place concrete, asphaltic concrete or other comparable paving material approved by the Zoning Administrator, and shall be maintained in good condition and free of weeds, dust, trash and other debris. Except as provided below, all such parking lots and loading areas shall be provided 6-inch tall, poured in place, perimeter concrete curbs. In some instances, precast and permanently pinned in place wheel stops or guards may be used along the perimeter of the parking lot instead of poured in place concrete curbing if such alternative is in accordance with the approved drainage plan required by Section 500.A.6.g of these regulations.

4)

All portions of a driveway that is within street right-of-way shall be paved and designed to the standards of the City Engineer.

c.

SCREENING: Screening for parking spaces and loading areas is incorporated into the general screening and landscaping provisions of Section 304 of these regulations.

d.

LIGHTING: Any lighting used to illuminate off-street parking spaces shall be shaded so that no direct light is cast upon property located in a residential district and so that glare is not a problem to traffic on any public street.

e.

LOCATION: All parking spaces required to serve structures or uses shall be located on the same zoning lot as the structure or use served unless an exception is obtained under Section 502 of this Article.

f.

DESIGNATION OF SPACES: All vehicular parking spaces and associated circulation aisles shall be clearly delineated through the use of pavement markings.

g.

DRAINAGE: All parking facilities shall be graded and/or designed with storm drainage facilities that are in accordance with an approved drainage plan and all applicable federal, state and local laws, rules, regulations, ordinances, resolutions, policies, procedures and permits so that surface water is channeled away from adjoining properties to a storm water detention facility or an approved storm drainage system.

7.

Plans and Approval Required: Plans showing the layout and design of all required off-street parking, stacking spaces for drive-through facilities and loading areas shall be submitted to and approved by the Zoning Administrator and/or City Engineer prior to construction, reconstruction, or modification and, prior to issuance of a building permit for the parking lot itself or as part of a building permit application for a larger related project. Before approving any parking layout, the Zoning Administrator and/or City Engineer shall determine that the spaces provided are usable and meet standard design criteria and all parking requirements of these regulations.

8.

Shared Parking: The Zoning Administrator may authorize a reduction in the number of required parking spaces for multiple use developments which are under a single ownership, and which have different peak parking demands and operating hours. Shared or collective parking for such multiple use developments shall be subject to the following standards.

a.

SHARED PARKING ANALYSIS: A parking analysis acceptable to the Zoning Administrator shall be submitted which clearly establishes that uses will make use of the shared spaces at different times of the day, week, month or year. The study shall:

1)

Address the size and type of activities, the composition of tenants, the rate of turnover for proposed shared spaces, and the anticipated peak parking and traffic loads;

2)

Provide for a reduction by no more than 50 percent of the combined parking required for each use; and

3)

Provide for no reduction in the number of spaces reserved for persons with disabilities.

b.

AGREEMENT FOR SHARED PARKING PLAN: A shared parking plan shall be enforced through written agreement. An attested copy of the agreement, in a form acceptable to the City of Derby, shall be submitted to the Register of Deeds for filing of record. A copy of the recorded agreement shall be submitted to the Zoning Administrator prior to the issuance of a building permit.

c.

REVOCATION: Failure to comply with the shared parking provisions of this section, including any provision of an Agreement for Shared Parking Plan executed in accordance with Subsection 500.A.8.b above, shall constitute a violation of these regulations and shall specifically be cause for revocation of a Certificate of Occupancy.

9.

Parking Spaces for Persons with Disabilities: A portion of the total number of required vehicular parking spaces in each off-street parking facility shall be specifically designated, located and reserved for use by persons with disabilities in such numbers and according to the requirements of the Americans with Disabilities Act.

10.

Nonconforming Use Status: Any single-family or two-family land use that was legally established shall not be deemed nonconforming solely as a result of providing fewer off-street parking spaces than required by this Article.

(Ord. No. 2529, §§ 1.29, 1.30, 5-23-23; Ord. No. 2555, §§ 1.49, 1.50, 5-14-24)

Except for properties zoned "B-4" Central Shopping District and "B-2A" Buckner Business District, the minimum number of off-street parking spaces required for the uses designated shall be as shown in the table in Section 501.A. below. When located in the "B-4" District, the provision of a minimum number of off-street parking spaces is not required. When located in the "B-2A" District, the provision of a minimum number of off-street parking spaces shall be as required in Section 501.B. For uses established on or after January 1, 2022, that are required to provide more than 25 off-street vehicular parking spaces, parking for bicycles equal to five percent (5%) of the number of off-street vehicular parking spaces shall be provided at a location as convenient to the main entrance as the most convenient off-street vehicular parking space without blocking required accessible routes. The bicycle parking shall be comprised of lockers, racks, posts, or bollards expressly designed for secure storage of bicycles.

A.

Minimum Required Parking

B.

MINIMUM REQUIRED PARKING IN THE "B-2A" DISTRICT:

1.

Residential uses in the "B-2A" District shall provide a minimum of 1 off-street parking space.

2.

Non-residential uses in the "B-2A" District shall provide a minimum of 3 off-street parking spaces.

3.

Commercial developments comprised of two or more platted lots and/or un-platted parcels will be required to provide parking in accordance with Section 501.C. of these regulations.
The minimum number of required parking spaces for other permitted uses, which are not listed above, shall be provided in accordance with the determination of the Planning Commission for properties subject to site plan review pursuant to Section 305 of these regulations, or the Zoning Administrator for properties not subject to site plan review. Such determination shall be made with respect to the minimum number of spaces required to serve employees and/or patrons of such use. Required minimum amounts of parking for special uses, unless specified in Section 501, shall be established as part of the application review process. For special uses where minimum amounts of parking are specified by Section 501, required minimum amounts of parking may be increased above the minimum specified during review of the application for a special use.

(Ord. No. 2555, §§ 1.51, 1.52, 5-14-24)

In order to provide up to 50 percent of required off-street parking, at a location that is off-site or separated from the lot on which the use being served is located, an exception may be granted for the establishment of such an off-site parking area. Such parking area shall be located on property that is assigned the same zoning district classification as required for the use being served or be located on property zoned a classification which specifically permits, as a part of the district's Use Limitations, outdoor customer and employee parking. Approval of the exception shall be subject to the following standards:

A.

NECESSITY. The applicant shall demonstrate that it is not feasible to locate all required parking on the same lot as the use being served.

B.

LOCATION. Parking provided under this section must be within 1,200 feet, as measured along the shortest legal and practical walking route, from the boundary of the zoning lot on which the use to be served is located.

C.

USE. The parking area shall be used for passenger vehicles only, and in no case shall it be used for sales, repair work, storage, dismantling or servicing of any vehicle, equipment, materials or supplies. Only such signs as are necessary for the proper identification and operation of the parking lot shall be permitted. The size and location of such signs shall be established as part of the exception review process.

D.

IMPROVEMENTS.

1.

Parking areas and driveways providing ingress and egress to parking areas shall be paved with poured in place concrete or asphaltic concrete and shall be provided perimeter curbing as required by Section 500.A.6.b. of these regulations. Paved areas shall be maintained in good condition and free of weeds, dust, trash and debris.

2.

Parking areas shall be provided adequate guards to prevent the overhanging of vehicles beyond property lines or into landscaping areas. Parking areas shall include permanent pavement markings to delineate individual parking spaces and circulation aisles.

3.

If lighting facilities are provided for the parking area, such lighting shall be so arranged and installed to deflect or direct light away from any adjacent residential use or residential district. Such lighting shall also be arranged and installed so that glare is not a problem to traffic on any public street.

4.

Solid visual screening (such as a wall or fence constructed of brick, stone, masonry, architectural tile, concrete, wood or a combination of those materials, but not including the use of woven wire, welded wire or metal panels) not less than six feet in height, shall be required to be erected along any property line adjacent to or adjoining any residential district to reduce noise, eliminate the passage of light from vehicles and prevent the blowing of debris. Whenever solid visual screening is required within a required front yard, it shall not be higher than three feet.

5.

Additional improvements necessary to protect adjacent property owners and the public interest may be established as a part of the exception review process. Such improvements may include, but are not be limited to, proper methods for handling drainage, controlling access to adjacent public rights-of-way, establishment of setbacks, providing screening and landscaping including requirements for the proper maintenance thereof.

E.

AGREEMENT FOR OFF-SITE PARKING. In the event that required off-street parking areas are not located on the same zoning lot as the use being served, a written agreement shall be required. An attested copy of the agreement shall be submitted to the Register of Deeds for filing of record. The agreement shall be on standard forms obtained from the Office of the Zoning Administrator. A copy of the recorded agreement shall be submitted to the Zoning Administrator prior to the issuance of a building permit. Failure to comply with any provision of an Agreement for Off-Site Parking executed in accordance with this Section 502 shall constitute a violation of these regulations and shall specifically be cause for revocation of an occupancy certificate.

F.

PARKING FOR RELIGIOUS AND EDUCATIONAL USES. For religious and educational uses, up to 50 percent of required off-street parking may be separated from the zoning lot on which such use is located by a public street or alley and still be considered as on-site parking, provided that such parking facility is: 1) under the same ownership as the use being served and 2) is within 600 feet of a boundary line of the zoning lot for such use.

(Ord. No. 2555, § 1.53, 5-14-24)

In addition to meeting the off-street parking requirements of this Article, certain land use types shall meet the following off-street loading standards.

A.

Off-street loading areas shall be designed and installed in accordance with applicable City standards. Such areas shall include a minimum of 12 feet by 25 feet for loading and unloading operations and shall have a minimum height clearance of 14 feet. The minimum number of off-street loading areas shall be provided according to the following schedule:

OFF-STREET LOADING SCHEDULE

B.

Off-street loading areas shall be located on the same building site on which the structure for which they are provided is located. Access, maneuvering area, ramps and other appurtenances shall be furnished off the street right-of-way and so arranged that vehicles are not permitted to back from the property into the street.

C.

Off-street loading areas shall be surfaced with poured in place concrete or asphaltic concrete which is maintained in good condition, free of weeds, dust, trash and debris.

D.

Any off-street loading area shall not be used to satisfy the space requirements for any off-street parking areas or portions thereof.

In addition to meeting the off-street parking and loading requirements of this Article, drive-through facilities shall provide vehicle stacking spaces according to the following standards.

A.

VEHICLE STACKING SPACE SCHEDULE. The minimum number of vehicle stacking spaces required shall be as follows. Variations from these minimums may be approved by the City Engineer based on a traffic study submitted to the City for review. Vehicle stacking spaces may not utilize public right-of-way or impair vision triangles.

DRIVE-THROUGH FACILITY VEHICLE STACKING SPACE SCHEDULE

B.

DIMENSIONS. Vehicle stacking spaces shall be a minimum of 10 feet by 20 feet in size.