Duck City Zoning Code
OFF-STREET PARKING
AND LOADING
§ 156.090 OFF-STREET PARKING REQUIRED.
At the time of erection of any building or structure, or at the time any building or structure is enlarged or increased in capacity by adding dwelling units, bedrooms, guest rooms, seats or floor area, or before conversion from one zoning use or occupancy to another, permanent off-street parking space shall be provided according to the amounts and specifications provided in this subchapter.
(Ord. 04-21, passed 10-6-2004, § 37)
§ 156.091 MINIMUM OFF-STREET PARKING REQUIREMENTS.
(A) The number of off street parking spaces required by this section shall be provided on the same lot with the principal use, except as provided in this subchapter, and the required number of off street parking spaces specified for each use shall be considered as the absolute minimum.
(B) Accessory buildings shall be included with principal buildings in measurement of gross floor area for determining parking requirements for commercial structures.
(C) Gross floor area shall be measured from the outside walls of all structures
(D) Where a fraction of a space is required by this subchapter, the nearest whole number shall be provided.
(E) All space requirements which are based in part or in whole upon employment shall be computed on the basis of the greatest number of persons that are on duty at any 1 period during the day or night during the peak season.
(F) For uses not specifically mentioned in this subchapter, off-street parking requirements shall be applied by the Zoning Administrator based upon requirements for similar uses established herein.
(G) Each off-street parking space required by this subchapter shall have a minimum length of 18 feet and a minimum width of 9 feet. It shall have vehicular access to a publicly dedicated street or alley (or private street as platted), except as may otherwise be authorized by this subchapter.
(Ord. 04-21, passed 10-6-2004, § 38; Am. Ord. 14-02, passed 6-4-2014)
§ 156.092 OFF-STREET PARKING REQUIREMENTS FOR SINGLE-FAMILY AND
Permanent off-street parking spaces shall be provided in accordance with the following requirements prior to the completion of construction of any building or structure, or at the time any building or structure is enlarged or increased in capacity by adding bedrooms or bedroom equivalents, or when modifications to properly authorized existing parking facilities are requested as part of a building permit or land disturbance permit, or when increasing septic capacity to accommodate more individuals in a home than 2 per bedroom, or before conversion from 1 zoning use or occupancy to another.
(A) Required off-street parking spaces and loading spaces are permanent areas and shall not be used for any other aboveground purpose. Changes to driveway and parking areas following the initial certificate of occupancy for a project shall be subject to town review as provided herein, and if to be performed independently of any project for which a building permit shall be obtained, shall be subject to issuance of a land disturbance permit.
(B) Sufficient maneuvering space, not less than 10 feet by 10 feet, shall be provided on lots accessed from N.C. Highway 12.
(C) Required parking spaces shall be graded and improved with loose stone surface (gravel), porous pavers, or other similar semi-permeable materials. Crush and run or similar impervious materials do not comply with these standards and cannot be used as surface or subsurface materials. Loose stone surface shall be bordered in a manner which retains the stone in the parking area. Parking spaces may be improved with asphalt or concrete, subject to review and approval of the Director of Community Development, if there is a topographic condition that warrants such improvement.
(D) The parking area and driveway, the surface materials, and dimensions shall be depicted on a survey and presented at the time a building permit for the subject property is obtained. Installation of the parking improvements shall be verified by the Zoning Administrator before the release of the certificate of occupancy. Individual parking spaces do not need to be demarked in any fashion on the site; however, the required amount of parking area shall be drawn to scale on a site survey. The parking area may be located within the front yard setback area of the property but no closer than 5 feet to any property line and shall conform to all applicable county Health Department regulations for on-site wastewater treatment. The lot coverage calculations shall include only the impervious surfaces, as defined in § 156.002, located on the site. No parking areas, pervious or impervious, shall be altered subsequent to the issuance of an occupancy permit unless otherwise provided herein.
(E) Individual drive aisles shall be a minimum width of 12 feet and a maximum width of 20 feet, measured at the right-of-way line. Circular or multiple curb cut driveway access shall be limited to a combined total width of 24 feet measured at the right-of-way line. For circular or multiple curb cut driveways, each drive aisle shall be separated by a minimum distance of 25 feet measured at the right-of-way line. Driveways shall be improved with concrete, asphalt, loose stone surface (gravel), porous pavers, or other similar semipermeable materials, and shall be located no closer than 5 feet to a side or rear lot line. Loose stone surface shall be bordered in a manner which retains the stone in the driveway area. The drive aisle shall be provided to facilitate emergency vehicle access and vehicle maneuvering and shall provide access from the street to the front plane of the dwelling unit, unless access to the driveway is provided from the house by a similarly improved walkway. One parking space, located at the end of the drive aisle closest to the structure, may be located in the drive aisle. Parallel or perpendicular parking spaces may be provided along the length of this drive aisle on either side. Parking spaces may be provided under the house outside of designated drive aisle areas; such under-house parking spaces may be stacked and blocked in by no more than 1 parking space located at the end of the drive aisle closest to the structure. Parking spaces may be stacked in improved areas outside the required 12-foot drive aisle.
(F) Non-rental parking deferral. Installation of all required parking, except for 2 improved parking spaces for single-family and 4 improved parking spaces for 2-family uses may be deferred provided:
(1) The dwellings are not participating or listed in any commercial rental and/or leasing program nor are they rented or leased by the property owners individually; and
(2) A valid survey shall be submitted at the time of application for deferral under this division designating an area on the lot in accordance with this section indicating the required number of parking spaces as determined by § 156.094 and approved by the town.
(G) On an individual single family lot, driveways and parking areas shall not exceed a single or combined width of 75% of the lot width.
(H) Driveway and parking areas shall be designed to the extent reasonable to prevent the direct flow of stormwater runoff to streets or adjacent properties.
(I) All legally existing parking areas or parking areas under construction with an approved building or land disturbance permit as of August 1, 2007, are grandfathered with respect to the materials used for improvement of the parking areas. Future development activity on such grandfathered sites with concrete, asphalt, or pavers in parking areas shall not be required to replace such materials with gravel. However, all newly installed parking areas will be required to meet the standards in this section.
(Ord. 04-21, passed 10-6-2004, § 39; Am. Ord. 07-11, passed 9-5-2007; Am. Ord. 08-02, passed 5-7-2008; Am. Ord. 14-02, passed 6-4-2014; Am. Ord. 23-12, passed 10-4-2023)
§ 156.093 PARKING LOT REQUIREMENTS FOR ALL USES OTHER THAN
Permanent off-street parking spaces shall be provided in accordance with the following requirements prior to the completion of construction of any building or structure, or at the time any building or structure is enlarged or increased in capacity by adding dwelling units or before conversion from 1 zoning use or occupancy to another.
(A) Yards. No parking lot shall be located closer than 10 feet to a public right-of-way. The area between the parking lot and street right-of-way shall be planted and maintained in lawn or other appropriate planting or shall be improved otherwise as approved in the site plan review.
(B) Curb bumpers. The required front and side yards shall be set off from the parking area by a fixed curb approved by the Zoning Administrator, not less than 8 inches nor more than 2 feet high. Allowances shall be made for 2 feet of overhang within the parking space so that no part of any motor vehicle can be located within the required yard.
(C) Lighting. Any lighting shall be so arranged as to direct light and glare away from streets and adjacent property in accordance with § 156.127 below.
(D) Surfacing. All parking lots shall be improved with asphalt, concrete, pavers, porous pavement or similar dust proof surface. Surfacing shall be provided in accordance with the guidelines established in § 156.112.
(E) Drainage. Parking lots shall be designed so as not to drain onto or across public roads, streets, or sidewalks or into adjacent property, except into a natural watercourse or a drainage easement in accordance with state and federal rules, laws, or regulations. Site plans for parking lots must demonstrate adequate drainage facilities designed in accordance with § 156.113 below.
(F) Markings. Each parking space shall be permanently marked and maintained so as to be distinguishable.
(G) Entrances. No entrance or exit shall exceed 30 feet in width at the property line or 40 feet at the curb line. On all corner lots, no vehicular openings shall be located at closer than 15 feet from the point of intersection of the established street right-of-way lines. There shall be a minimum distance between 1-way driveways of 25 feet, measured along the curb line.
(H) Internal circulation. The internal circulation plan or parking lots shall be approved by the Zoning Administrator.
(I) Solid waste. Sufficient space shall be provided on the premises for the location of solid waste containers as required by town code. The solid waste container location may be in a required parking lot; provided, that the location does not occupy required parking space or maneuvering space; provided, further, that the solid waste container location shall provide convenient and safe access to the servicing vehicle.
(J) Maneuvering. Sufficient maneuvering space shall be provided so that no vehicle will be required to back into a public or private right-of-way.
(K) Permanent areas. Required off-street parking spaces are permanent areas and shall not be used for any other above ground purpose.
(L) Each application for a building permit or certificate of occupancy submitted to the Zoning Administrator shall include information as to the location and dimensions of off-street parking and loading space and the means of ingress and egress to the space. This information shall be in sufficient detail to enable the Zoning Administrator to determine whether or not the requirements of this subchapter are met.
(M) The required parking space for any number of separate uses may be combined in 1 lot, but the required space assigned to 1 use may not be assigned to another use; except, that ½ of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sundays may be assigned to other uses at non-peak times.
(N) If the off-street parking space required by this subchapter in any district except a residential district cannot be reasonably provided on the same lot on which the principal use is located, the space may be provided on any land within 400 feet of the main entrance to the principal use. The land shall be located on the same side of North Carolina Highway 12 as the principle use unless there is a pedestrian crosswalk traversing North Carolina 12 within 350 feet of the main entrance to the principal use. The land shall not be used for other purposes unless adequate provisions for parking have been made for the principal use thereon, unless otherwise permitted by this subchapter. In those cases, the applicant for a permit for the principal use shall submit with his or her application for a building permit an instrument duly executed and acknowledged, which subjects the land to parking use in connection with the principal use for which it is made available for a period of 20 years, with an option for renewal for an additional period of 10 years. The applicant shall deposit the necessary fee, and upon the issuance of a building permit, the Zoning Administrator shall cause the instrument to be registered in the office of the Register of Deeds of the county.
(O) Any off-street parking space required by any use permitted in any residential district shall be provided on the same lot with the use by which it is required. Off-street parking space in conjunction with commercial and industrial uses in other districts shall not be permitted in a residential district.
(P) Where off-street parking is provided between the building line and the street right-of-way line for any business use, a buffer strip of at least 10 feet in width shall be provided adjacent to the street right-of-way line. Curb cuts through the buffer strips shall be located no closer than 30 feet, unless otherwise approved during the site plan approval process.
(Ord. 04-21, passed 10-6-2004, § 40; Am. Ord. 14-02, passed 6-4-2014; Am. Ord. 23-11, passed 9-6-2023)
§ 156.094 NUMBER OF OFF-STREET PARKING SPACES REQUIRED.
(A) The number of off-street parking spaces required by this section shall be provided on the same lot with the principal use, except as provided in § 156.093(N) above and the required number of off-street spaces specified for each use shall be considered as the absolute minimum.
(B) Where a fraction of a space is required by this section, the nearest whole number shall be provided.
(C) In addition, a developer shall evaluate his or her needs to determine if they are greater than the minimum specified by this section.
(D) The required number of spaces shall be as follows.
(1) Single-family detached and duplex units.
(a) For single-family detached and duplex units, parking spaces shall be based on the following formula: 1 parking space for every 2 occupants authorized by the septic improvement permit issued by the Dare County Department of Environmental Health or the appropriate permitting agency.
(b) The parking area, the surface materials and dimensions shall be depicted on a survey and presented at the time a building permit for the subject property is obtained.
(c) Installation of the parking improvements shall be verified by the Town Zoning Administrator before the release of the certificate of occupancy.
(d) These standards are intended to ensure adequate area to accommodate vehicles on the same site as the principal use.
(e) Individual parking spaces do not need to be demarked in any fashion on the site; however, the required amount of parking area shall be drawn to scale on a site survey.
(2) Other uses. All other residential and commercial uses shall provide parking as shown in the table below.
Use
|
Required Parking |
Residential-Related Uses | |
Use
|
Required Parking |
Residential-Related Uses | |
Single-family structure with small child care home | Ability to accommodate 2 additional vehicles on the property beyond the minimum parking requirements for the single-family structure thereon |
Single-family structure with large child care home | Ability to accommodate 2 additional vehicles on the property beyond the minimum parking requirements for the single-family structure thereon |
Multi-family residences, group housing projects and condominiums | 2.5 parking spaces on the same lot for each unit |
Hotel, tourist home, motel, motor court, rooming or boarding house or bed and breakfast | 1.5 parking spaces for each room to be rented, plus 1 additional parking space for each 3 employees |
Doctor’s or dentist’s office in own residence | 3 parking spaces per doctor, in addition to residence requirements |
Professional office, other than doctor or dentist, in own residence | 2 parking spaces per office or home occupation, in addition to residence requirements |
Bed and breakfast home | Ability to accommodate 2 additional vehicles on the property beyond the minimum parking requirements for the single-family structure thereon |
Bed and breakfast inn | 1.5 parking spaces for each room to be rented, plus 1 additional parking space for each 3 employees |
Hotel resort with ancillary uses, including but not limited to, eating establishment, retail, office, spa, conference space and events pavilion | Hotel - 1 parking space for each room to be rented, plus 1 additional parking space for each 3 employees |
Ancillary uses | |
Retail, conference center, spa, office, and events pavilion - 1 parking space for each 200 square feet of gross floor area x 0.75 | |
Eating establishment - 1 parking space for each 3 indoor customer seats, plus 1 additional parking space for each 150 square feet of gross floor area of outdoor dining area(s), plus 1 parking space for each 3 employees of the eating establishment x 0.75 | |
Public and Institutional Uses | |
Hospital | 1 parking space for each 2 beds intended for patient use, 1 space for each resident physician and 1 space for each 2 employees |
Clinic | 10 parking spaces minimum, plus 5 parking spaces for each doctor assigned, plus 1 parking space for each employee |
Nursing home | 1 parking space for each 5 beds intended for patient use and 1 space for each 3 employees |
Churches | 1 parking space for each 4 seats in the sanctuary (see §156.093(M) above for exceptions) |
Elementary school and junior high school | 1 parking space for each classroom and administrative office |
Senior high school | 1 parking space for each 5 students for which the building was designed, plus 1 parking space for each classroom and administrative office |
Stadium | 1 parking space for each 2 spectator seats |
Use
|
Required Parking |
Use
|
Required Parking |
Auditorium | 1 parking space for each 2 seats in the largest assembly room |
Public or private clubs | 1 parking space for each 200 square feet of gross floor space |
Public utility buildings | 1 parking space for each employee. With custom service facilities, a minimum of 5 additional spaces |
Child care centers | 1 space for every 3 children and 1 space for each employee |
Town park/municipal complex | Administrative building - 1 parking space for each employee, plus 1 space per each government vehicle to be parked on-site, plus 10 visitor spaces Meeting hall - 1 parking space for every 50 square feet of floor area in the main assembly room Passive recreation - 2 parking spaces for each 1 acre of passive recreation area Amphitheater - 1 parking space for each 6 fixed seats If the park site has a combination of uses with differing peak parking demands, a shared parking analysis can be prepared |
Commercial Uses | |
General or professional offices and banks (other than doctors and dentists) (see clinic requirements) | 1 parking space for each 200 square feet of gross floor space, plus 1 space for each 2 employees |
Restaurant, café or eating place | 1 parking space for every 3 customer seats, plus 1 additional parking space for each 3 employees; seasonal outdoor dining areas that are appurtenant to restaurants located in contiguous portions of the Village Commercial District shall require no parking in addition to the existing restaurant parking provided that the outdoor dining area shall not increase the seating capacity of the restaurant by more than 25%, or seat more than 18 persons, whichever is less, without providing the requisite parking for all of the additional patrons as specified in this subchapter, and further provided that the total seating capacity of the restaurant including the outdoor seating area is appropriately authorized for wastewater management |
Drive-in restaurant or refreshment stand | 30 parking spaces, in addition to the requirements for a restaurant, café or public eating place |
Use | Required Parking |
Use | Required Parking |
Eating establishments | Indoor dining areas - 1 parking space shall be provided for each 3 customer seats located within the indoor dining area |
Outdoor dining areas - Outdoor dining areas established in accordance with the requirements of § 156.129(C) shall require 1 parking space for each 150 square feet of gross floor area in the outdoor dining area. However, the first 150 square feet of gross floor area in the outdoor dining area shall be excluded from the parking calculation | |
There shall be 1 parking space for each 3 employees of the eating establishment | |
There shall be a minimum requirement of 5 parking spaces for all eating establishments, regardless of the number of customer seats, employees, or the square footage of the outdoor dining area | |
Furniture, appliance and grocery stores | 1 parking space for each 500 square feet of gross floor area |
Fishing piers | A minimum of 25 parking spaces, with 1 additional parking space for each 200 square feet or gross floor space under cover |
Indoor entertainment facilities, including bowling alleys, dance halls, skating rinks, amusement arcades and similar facilities | 1 parking space for each 100 square feet of gross floor area and 1 additional space for each 2 employees |
Outdoor entertainment facilities, including amusement parks, miniature golf courses and similar facilities | 1 parking space for each 100 square feet of gross ground area exclusive of the area required for parking and 1 additional space for each 2 employees |
Outdoor recreation activity | 1 parking space per 200 square feet of principal use ground area plus 1 for each 2 employees |
Theaters | 1 parking space for each 3 seats in the auditorium (see § 156.093(M) above for exceptions) |
Funeral home | 1 parking space for each 4 seats in the chapel or parlor |
Retail uses not otherwise listed | 1 parking space for each 200 square feet of floor area |
Rental property management/ maintenance office | 1 parking space for each 300 square feet of gross floor area plus 1 parking space for each 2 employees |
Electronic gaming operations | 1 parking space per electronic gaming terminal |
(Ord. 04-21, passed 10-6-2004, § 41; Am. Ord. 09-03, passed 4-8-2009; Am. Ord. 11-08, passed 1-4-2012; Am. Ord. 12-05, passed 8-1-2012; Am. Ord. 12-06, passed 10-3-2012; Am. Ord. 12-08, passed 11-7-2012)
§ 156.095 OFF-STREET LOADING.
(A) Where off-street loading is required under the dimensional requirements of a particular district, 1 or more loading spaces shall be provided for standing, loading and unloading operations, either inside or outside a building and on the same or adjoining premises with every building or structure erected after July 3, 2002 all to be in accordance with the requirements of the following table.
(B) A loading space shall have minimum plan dimensions of 12 by 25 feet and a 14-foot overhead clearance. In no case shall the use of a loading space hinder the free movement of vehicles and pedestrians over a street, sidewalk or alley. Minimum requirements shall be as follows.
Use
|
Space Requirements |
Retail operations, including restaurant and dining facilities within hotels and office buildings, with a total usable floor area of 20,000 square feet or more devoted to that purpose | 1 loading space for every 20,000 square feet of floor area |
Retail operations, and all first floor non-residential uses, with gross floor area of less than 20,000 square feet, and all wholesale and light industrial operations with a gross floor area of less than 10,000 square feet | 1 loading space |
Office buildings and hotels, with a total usable area of 100,000 square feet or more devoted to those purposes | 1 loading space for every 100,000 square feet of floor area |
(Ord. 04-21, passed 10-6-2004, § 42)
§ 156.096 SPECIAL USE PERMIT FOR PARKING OR LOADING SPACE REQUIREMENTS.
(A) The Town Council may, by special use permit, modify the requirements contained in this subchapter in accordance with the procedures and limitations established for special use permits set forth in § 156.155.
(B) Special use permits shall be subject to conditions deemed necessary by Town Council to ensure compatibility with surrounding land uses and conditions.
(C) In addition to the requirements of § 156.155, no modification of parking or loading requirements shall be granted until the applicant has clearly demonstrated that the request:
(1) Will not result in increased traffic congestion or otherwise negatively impact existing traffic flow or pedestrian and vehicular safety;
(2) Will not be contrary to the objectives specified in the CAMA Comprehensive & Land Use Plan;
(3) Is necessary to permit the reasonable use of the subject property; and
(4) Will not adversely impact adjacent property or the surrounding area.
(Ord. 04-21, passed 10-6-2004, § 42.1; Am. Ord. 09-07, passed 8-5-2009; Am. Ord. 21-01, passed 6-2-2021)