Diamond City Zoning Code
OFF-STREET PARKING
STACKING AND LOADING
§ 151.175 PURPOSE.
The purpose of this subchapter is to alleviate or prevent the congestion of the public streets, and so promote the safety and welfare of the public by establishing minimum requirements for the off-street parking, stacking, and loading/unloading of motor vehicles.
(Ord. 2015-08, § 13.01, passed 6-23-2015)
§ 151.176 GENERAL PROVISIONS.
(A) Scope of regulations. The off-street parking and loading provisions of this chapter shall apply as follows:
(1) For all buildings and structures erected and all uses of land established after the effective date of this chapter, accessory parking, stacking and loading facilities shall be provided as required by §§ 151.180 and 151.182. However, where a building permit has been issued prior to the effective date of this chapter, and provided that construction is begun within 1 year of such effective date, and diligently prosecuted to completion, parking and loading facilities as required hereinafter need not be provided.
(2) (a) When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other unit of measurement specified herein for required parking, stacking or loading facilities, as required herein shall be provided for such increase in intensity of use.
(b) However, no building or structure lawfully erected or use lawfully established prior to the effective date of this chapter shall be required to provide such additional parking or loading facilities unless and until the aggregate increase in units of measurement existing upon the effective date of this chapter, in which event parking, stacking or loading facilities as required herein shall be provided for the total increase.
(3) Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking, stacking or loading facilities shall be provided as required for such new use. However, if the said building or structure was erected prior to the effective date of this chapter, additional parking, stacking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this chapter.
(B) Existing facilities. Accessory off-street parking, stacking or loading facilities which are located on the same lot as the building or use served which were in existence on the effective date of this chapter or were provided voluntarily after such effective date shall not hereafter be reduced below, or if already less than, shall not further be reduced below, the requirements of this chapter for a similar new building or use.
(C) Permissive facilities. Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings provided that all regulations herein governing the location, design, improvement and operation of such facilities are adhered to.
(D) Damage or destruction. For any conforming or legally nonconforming building or use which is in existence on the effective date of this chapter, which subsequent thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, re-established or repaired, off-street parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of these required by this chapter for equivalent new uses of construction.
(E) Control of off-site parking facilities. When required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are accessory. No such off-site parking facilities shall be authorized and no occupancy permit shall be issued where the plans call for parking facilities other than on the same zoning lot until and unless the Planning and Zoning Commission has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the off-site parking facilities will be maintained at all times during the life of the proposed use or building.
(F) Submission of plot plan. Any application for a building permit, or for a certificate of occupancy where no building permit is required, shall provide a plot plan – drawn to scale and fully dimensioned – showing all parking, stacking or loading facilities to be provided in compliance with this chapter.
(G) Use of parking facilities. Off-street parking facilities accessory to residential use and developed in any residential district in accordance with the requirements of this subchapter shall be used solely for the parking of passenger automobiles owned by occupants of the dwelling structures to which such facilities are accessory or by guests of said occupants. Under no circumstances shall required parking facilities accessory to residential structures be used for the parking of automobiles belonging to the employees, owners, tenants, visitors or customers of business or manufacturing establishments.
(H) Computation. When determination of the number of off-street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of 1/2 or less may be disregarded while a fraction in excess of 1/2 shall be counted as 1 parking space.
(I) Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements.
(J) Design and maintenance.
(1) Open and enclosed parking spaces. Accessory parking spaces located on the same lot as occupied by the use served may be open to the sky or enclosed in a building. Accessory parking spaces located in a residence district elsewhere than on the same lot occupied by the use served shall be open to the sky except when otherwise allowed as a special use.
(2) Surfacing. All open off-street parking areas and driveways shall be improved with a compacted macadam base, not less than 4 inches thick, surfaced with asphalt or concrete.
(3) Screening and landscaping. All open automobile parking areas containing more than 5 parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residence district or any institutional premises by a wall, fence or densely planted compact hedge not less than 4 feet nor more than 7 feet in height. Such required screening shall conform to the front and side yard setback requirements of the district in which the parking is located.
(4) Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties in such a way as not to create a nuisance. The height of an exterior light fixture shall not exceed the predominant height of the principal building to which it relates. Additionally, light bulbs/source shall primarily be metal halide or LED. High pressure sodium lights are discouraged.
(5) Signs. Accessory signs are permitted on parking areas.
(6) Repair and service. No motor vehicle repair work of any kind shall be permitted in conjunction with accessory off-street parking facilities provided in a residence district. The sale of gasoline and motor oil in conjunction with accessory off-street parking facilities is not permitted in any residence district.
(Ord. 2015-08, § 13.02, passed 6-23-2015)
§ 151.177 DIMENSIONS.
The following regulations are required for all off-street parking stalls.
Parking Angle | Stall Width | Minimum Stall Depth for Car-to-Wall Stalls | Minimum Stall Depth for Interlocking Stalls |
30 | 9 ft. | 17 ft. | 13 ft. |
45 | 9 ft. | 19 ft. | 16 ft. |
60 | 9 ft. | 20 ft. | 18 ft. |
75 | 9 ft. | 20 ft. | 19 ft. |
90 | 9 ft. | 18 ft. | 18 ft. |
(Ord. 2015-08, § 13.04, passed 6-23-2015)
§ 151.178 SHARED PARKING.
(A) Shared parking can reduce the total area of impervious surfaces dedicated to parking by allowing a reduction in the amount of parking required for a single use where parking is shared with an adjacent use. Shared parking increases the efficiency of land use and encourages mixed-use development. Generally, shared parking is most effective when there is a distinction between day and night uses and/or weekday and weekend use.
(B) At the applicant’s request, shared parking may be provided, subject to the following provisions:
(1) Agreement. A written agreement shall be executed by all the parties concerned that assures the perpetual joint use of such common parking, a copy of which has been submitted to and is acceptable to the Zoning Administrator. Staff may forward such agreements to the village’s legal counsel for review.
(2) Location. Uses sharing a parking facility do not need to be contained on the same lot, but each use shall be a maximum of 500 feet from the closest parking space in the lot providing the shared spaces. A waiver of the maximum allowable distance between the use and associated shared parking may be approved with written justification and supporting information provided by the applicant.
(3) Calculation. The following methodology shall be used when calculating the number of spaces for a shared use lot:
(a) Determine the minimum parking requirements in accordance with the land uses in the table below for each land use as if it were as separate use;
(b) Multiply each amount by the corresponding percentages for each of the 5 time periods indicated in the table below;
(c) Calculate the total for each time period;
(d) Select the total with the highest value as the required minimum number of parking spaces.
Land Use | Weekday | Weekend | |||
Daytime | Evening | Daytime | Evening | Nighttime | |
Land Use | Weekday | Weekend | |||
Daytime | Evening | Daytime | Evening | Nighttime | |
Office/Industrial | 100% | 10% | 20% | 5% | 5% |
Retail | 60% | 90% | 100% | 70% | 5% |
Hotel | 75% | 100% | 75% | 100% | 75% |
Restaurant | 50% | 100% | 100% | 100% | 10% |
Entertainment/Commercial | 40% | 100% | 80% | 100% | 10% |
Daytime: Between 6:00 a.m. and 5:00 p.m. Evening: Between 5:00 p.m. and 12:00 a.m. Nighttime: Between 12:00 a.m. and 6:00 a.m. | |||||
(Ord. 2015-08, § 13.04, passed 6-23-2015)
§ 151.179 LOCATION OF ACCESSORY OFF-STREET PARKING FACILITIES.
(A) Generally. The location of off-street parking spaces in relation to the use served shall be as prescribed hereinafter. All distances specified shall be walking distances between such parking spaces and a main entrance to the use served.
(B) (1) For uses in a residential district. Parking spaces accessory to dwellings shall be located on the same zoning lot as the use served. Spaces accessory to uses other than dwellings may be located on a lot adjacent to, or directly across a street or alley from, the lot occupied by the use served, but in no case at a distance in excess of 300 feet from such use.
(2) For uses in business and industrial districts. All required parking spaces shall be within 1,000 feet of the use served, except for spaces accessory to dwelling units, which shall be within 300 feet of the use served. However, no parking spaces accessory to a use in a business or industrial district shall be located in a residence district, except that private, free, off-street parking accessory to such uses and municipal parking lots may be allowed by special use permit in accordance with the administrative §§ 151.200 - 151.211 within 200 feet of and adjacent to any business or industrial district.
(Ord. 2015-08, § 13.05, passed 6-23-2015)
§ 151.180 SCHEDULE OF PARKING REQUIREMENTS.
The following table establishes the minimum numbers of parking spaces required for the uses indicated. GFA = “gross floor area.”
Residential Uses | Minimum Number of Spaces |
Residential Uses | Minimum Number of Spaces |
Dwelling, 1-family | 2 per dwelling unit |
Dwelling, 2-family | 2 per dwelling unit |
Dwelling, townhome | 2 per dwelling unit |
Dwelling, multi-family | 1.5 per dwelling unit |
Boarding house or rooming house | 1 per 2 guest rooms, plus 1 for owner/manager |
Assisted living facility | 1 per 3 rooms, plus 2 per 1,000 GFA of offices |
Fraternities, sororities, dorms | 1 per 5 members, 1 per manager |
Office Uses | Minimum Number of Spaces |
Medical clinic | 1 per 200 sq. ft. GFA for buildings less than 5,000 sq. ft. GFA |
Office-business | 1 per 250 sq. ft. GFA |
Retail and Service Uses | Minimum Number of Spaces |
Retail and Service Uses | Minimum Number of Spaces |
Agricultural sales and services | 3 spaces per 1,000 sq. ft. GFA, plus 1 space per 1,000 sq. ft. of outdoor sales area |
Banks and financial institutions | 1 per 250 sq. ft. GFA, plus 3 stacking spaces per service line |
Barber shops, beauty salons, or massage | 2 per chair/bed, plus 1 per employee |
Bed and breakfast | 1 space per sleeping room, plus 2 spaces for permanent residents |
Dry cleaners | 2 spaces per 1,000 sq. ft. GFA, plus 2 stacking spaces per service line |
Funeral parlors | 15 spaces for each area where a funeral or wake may take place, 1 space per employee, plus 1 space per vehicle owned, leased, or rented |
Furniture, appliance, household store | 1 per 1,000 sq. ft. GFA |
Grocery store | 4 per 1,000 sq. ft. GFA |
Hotels and motels | 1 per guest room, plus 1 per 800 sq. ft. GFA of public meeting area |
Kennel | 1 per 400 sq. ft. GFA (no fewer than 4 spaces) |
Laundromat | 1 per 2 washing machines |
Liquor store | 1 per 300 sq. ft. GFA |
Home improvement store/lumber yards | 3 per 1,000 sq. ft. GFA, plus 1 per 3,000 sq. ft. of outdoor sales area |
Motor vehicle sales | 1 per 300 sq. ft. GFA |
Restaurant (no drive-through) | 12 per 1,000 sq. ft. GFA |
Restaurant (with drive-through) | 10 per 1,000 sq. ft. GFA, plus 5 stacking spaces |
Restaurant (with live entertainment) | 13 per 1,000 sq. ft. GFA |
Retail stores | 1 per 250 sq. ft. GFA, plus 3 stacking spaces per service line |
Wholesale establishment | 1 per 500 sq. ft. GFA |
Automotive/Service Uses | Minimum Number of Spaces |
Car wash (manual) | 1 per bay, plus 3 stacking spaces (per bay) |
Carwash (automatic) | 1 per employee, plus 5 stacking spaces per washing bay |
Oil change shop | 3 per service bay, plus 3 stacking spaces per bay |
Repair | 2 per repair bay, 1 per 1,000 sq. ft. GFA dedicated to office and/or retail space, plus 1 per vehicle owned, leased, or rented |
Gas station | 3 per 1,000 sq. ft. GFA dedicated to retail sales |
Religious/Institutional Uses | Minimum Number of Spaces |
Religious/Institutional Uses | Minimum Number of Spaces |
Cemetery | 1 per 250 sq. ft. GFA of office and/or chapel space |
Colleges, universities, professional schools | 1 per employee, plus 1 per 4 students |
Church or synagogue | 1 per 4 seats or 1 per 90 lineal inches seating capacity in main chapel or auditorium based on design capacity |
Elementary school | 1 per faculty member and fulltime employee, plus 1 per 2 classrooms |
High school | 1 per fulltime employee, plus 1 per 7 students |
Hospitals | 1 per 2 beds |
Library | 1 per 500 sq. ft. GFA |
Meeting halls | 1 per 4 seats |
Police or fire station | 1.5 per employee |
Post office | 1 per 250 sq. ft. GFA, plus 1 per 3 employees |
Trade school | 1 per 2 students, plus 1 per 2 employees |
Recreation/Civic Uses | Minimum Number of Spaces |
Recreation/Civic Uses | Minimum Number of Spaces |
Art gallery | 1 per 500 sq. ft. GFA |
Auditoriums | 1 per 4 seats or 1 per 50 sq. ft. GFA where there is no fixed seating |
Ball fields | 20 per playing field |
Bowling alleys | 4 per alley |
Community center | 1 per 250 sq. ft. GFA, plus 1 per employee |
Drive-in theater | 10% of vehicle capacity |
Fitness, recreational gym, or athletic club | 1 per 250 sq. ft. GFA |
Golf course | 3 per hole |
Private club or lodges | 10% of person capacity |
Stadiums, arenas, halls | 25% of person capacity |
Skating rink | 5 per 1,000 sq. ft. GFA |
Swimming pool, public or private | 1.5 per 1,000 sq. ft. of pool surface area |
Theaters (indoor) | 1 per 5 seats |
Industrial Uses | Minimum Number of Spaces |
Light industrial | 1 per 1,000 sq. ft. GFA |
Research and development facility | 1 per 500 sq. ft. GFA |
Self-storage facility | 1 per 250 sq. ft. GFA dedicated to office space, 1 per employee, plus 1 per 50 storage units |
Warehouses | 1 per 2,000 sq. ft. GFA |
Transportation/Utility Uses | Minimum Number of Spaces |
Airports and aircraft landing fields | 1 per 2 employees, plus 1 per 4 seating accommodations for waiting passengers |
Electrical central station, power and steam generating plants | 1 per employee |
Public utilities (water filtration plants, water pumping stations, water reservoir, sewage treatment, land fill, telephone exchanges, electric substations, and similar uses | 1 per employee |
Radio and television stations and towers | 1 per employee |
Transportation terminal | 1 per employee, plus spaces required to satisfy projected peak parking needs |
(Ord. 2015-08, § 13.06, passed 6-23-2015)
§ 151.181 OFF-STREET LOADING REGULATIONS.
(A) Location.
(1) All required loading berths shall be located on the same zoning lot as the use served. No permitted or required loading berth shall be located in any required front or side yard. No permitted or required loading berth shall be located within 25 feet of the nearest point of intersection of any 2 streets.
(2) Uses for which off-street loading facilities are required, but are located in buildings of less floor area than the minimum prescribed for such required facilities shall be provided with adequate receiving facilities off any adjacent alley, service drive, or open space on the same lot which is accessible by motor vehicle.
(B) Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements.
(C) Design.
(1) Surfacing. Loading areas shall be striped to clearly define these areas, and discourage automobile parking. Proposed striping shall be subject to approval by the Village Engineer.
(2) Curbing. All loading areas shall be improved with concrete curbing, as approved by the Village Engineer.
(3) Screening. No loading berth shall be closer than 50 feet to any property in a residence district unless completely enclosed by building walls, a solid wall, or landscaping.
(D) Operation and maintenance.
(1) No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence or business district.
(2) Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
(3) All screening and landscaping shall be permanently maintained in good condition with at least the same quality of landscaping as initially installed.
(Ord. 2015-08, § 13.07, passed 6-23-2015)
§ 151.182 SCHEDULE OF LOADING REQUIREMENTS.
(A) Generally. Truck loading facilities are required in all zoning districts for structures containing uses devoted to businesses, industry, manufacturing, storage, warehousing, processing, hotels, hospitals, airports, and other commercial oriented businesses. If a structure is enlarged, expanded, or changed, it shall not be used, occupied, or operated unless it has at least the amount of off-street truck loading facilities that would apply if the increment were a separate structure.
(B) Spaces.
(1) Types. There shall be two sizes of off-street truck loading spaces designated: “large” and “small.”
(a) Large spaces. Each large space shall have an overhead clearance of at least 14 feet, shall be at least 12 feet wide, and shall be at least 50 feet long.
(b) Small spaces. Each small space shall have an overhead clearance of at least 10 feet, shall be at least 8 feet wide, and shall be at least 20 feet long.
(2) Location. Off-street truck loading facilities shall be located on the same lot on which the structure for which they are provided is located. Service entrances and service yards shall be located only in the rear or side yard.
(3) Minimum requirements and area. The minimum truck loading spaces shall be provided according to the following table:
Gross Floor Area in Square Feet | Required Number of Berths |
0 up to and including 12,500 | 1 small |
12,501 up to and including 25,000 | 2 small |
25,001 up to and including 40,000 | 1 large |
40,001 up to and including 100,000 | 2 large |
For each additional 80,000 over 100,000 | 1 large |
(4) Waiver. The Zoning Administrator is authorized to waive the off-street loading requirements for any structure if the design and the proposed use of the structure shows no need of off-street loading.
(Ord. 2015-08, § 13.08, passed 6-23-2015)
§ 151.183 DRIVE-THROUGH AND STACKING FACILITIES.
Where permitted, all drive-through facilities shall be subject to the following regulations:
(A) All drive-through facilities shall require a site plan approval by the Site Plan Review Committee (§ 151.210). Such approval may permit deviation from the listed standards for drive-through facilities.
(B) Speakers at a drive-through shall not be audible from adjacent residential uses.
(C) Vehicles exiting drive-through facilities shall be provided adequate visibility for vehicles entering the adjacent roadway.
(D) Aisles must be integrated with the on-site traffic circulation.
(E) Drive-through facilities shall provide stacking areas as identified in § 151.180.
(F) Drive-through facilities may only have 2 locations where transactions are made, excluding banks and car washes.
(G) Stacking spaces shall be provided behind each location where transactions are made without obstructing a public street or common drive aisle used by other businesses.
(H) Stacking spaces shall measure 10 feet in width by 20 feet in length.
(Ord. 2015-08, § 13.09, passed 6-23-2015)
§ 151.184 MOVING CONTAINER REGULATIONS.
(A) Properties in residential and business transitional districts. Moving containers shall be allowed on paved driveways to accommodate residents moving into or out of a home in the R-1, R-2 or R-3 Zoning Districts. When used to accommodate moving, containers are permitted for a maximum of 60 days (30 days for move-out, 30 days for move-in). Moving containers are not permitted in the R-4 District (except as noted below for sites under construction).
(B) Properties in agricultural and business districts. The placement of moving containers in agricultural or business districts is allowed on a temporary basis to facilitate business operations. Such containers shall be allowed for a maximum of 6 months. Moving containers may not occupy a required loading berth. In no instance shall moving containers be placed in front of the front wall of a principal building.
(C) Properties in the industrial districts. The placement of moving containers within the I-1 and I-2 Districts shall be restricted to:
(1) A concrete or asphalt surfaced area and within the buildable area of the lot; or
(2) Additional off-street loading facilities (beyond the minimum number of spaces required in § 151.182).
(D) Sites under construction. For properties in which there is an active building permit issued by the village for a residential or non-residential development, moving containers may be placed on a property provided that they are set back at least 10 feet from all property lines. Moving containers used for construction purposes must be immediately removed upon completion of the construction project.
(Ord. 2015-08, § 13.10, passed 6-23-2015)
§ 151.185 CARGO STORAGE CONTAINER REGULATIONS.
(A) Location. Cargo containers are permitted only in industrial districts. No more than 4 cargo containers may be placed on a single lot unless they comply with the cargo storage area requirements below.
(B) Requirements. Any cargo containers located within the village shall comply with the following provisions:
(1) No cargo containers shall be modified, retrofitted or used on-site for any purpose other than storage.
(2) Cargo containers that become unsound, unstable or otherwise dangerous shall be immediately repaired or removed from the property where kept, subject to the village’s requirements.
(3) All removable fastened signage displayed on any cargo container must be fully secured.
(4) All cargo containers visible to public rights-of-way shall be stored in a secure fashion with doors that are fully closed.
(C) Cargo storage areas. If more than 4 cargo containers are to be stored on a parcel, the following provisions must be met:
(1) Cargo containers shall not be stacked more than 4 high and such stacking shall be no closer than 1,000 feet from any residence or property zoned for residential use.
(2) Any such area shall be required to be screened with landscaping, fencing, berming and wall materials subject to village site plan approval (See § 151.209).
(3) No single cargo container storage area shall exceed 50 acres.
(4) Cargo containers with hazardous materials contained inside shall not be stacked.
(5) Cargo containers may not be grouped more than 110 feet deep with such groupings separated by drive aisles of no less than 30 feet in width or side by side in a manner parallel to the drive aisle provided such lateral placement does not exceed 110 feet in depth between drive aisles.
(6) Vehicles entering or leaving the cargo container storage area(s) shall be restricted to paved surfaces only and in each storage area there shall be constructed and maintained sufficient paved areas to permit all on-road vehicles to enter, exit, load, unload, maneuver and otherwise remain at all times on wholly paved surfaces within the storage area. The remainder of the storage area shall also be paved. The storage area shall include village approved drainage, storm water detention, noise control, lighting and landscaping and screening,
(7) Cargo containers shall not be stored or stacked immediately adjacent to any entrance into the storage area which is adjacent to a public road; each such entrance shall have a restricted area at the entrance to the storage area where no cargo containers may be stored or stacked of no less than 20,000 square feet.
(8) Each cargo container, truck trailer container or truck chassis shall not be stored on the site for a period longer than 6 months.
(9) Racking of a chassis shall be limited to 57 feet in height and chassis shall not be stacked more than 5 units high and provided such stacking and racking is supported a line of sight studies demonstrating such chassis cannot be seen from the adjacent public roadways.
(10) Any business that engages in the maintenance and repair of cargo containers, not located within a storage facility, that removes cargo containers from the chassis, shall be subject to the same
requirements as a cargo container storage area. This may include facilities or operations engaged in the conversion of cargo containers for a secondary use or sale.
(11) The cargo container storage area shall be equipped with an automatic gate system (which includes an optical character reader) and all tractors, containers and chassis entering or exiting the cargo container storage area shall drive through an optical character reader at said automatic gate.
(Ord. 2015-08, § 13.11, passed 6-23-2015)