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Elko New Market City Zoning Code

CHAPTER 9

OFF STREET PARKING AND LOADING; ACCESS REQUIREMENTS

11-9-1: PURPOSE:

The regulation of off street parking spaces, loading areas, and site access is to alleviate or prevent congestion of the public rights of way and to promote the safety and general welfare of the public by establishing minimum requirements for off street parking and loading areas for motor vehicles in accordance with the intensity of utilization of various parcels of land or structures. (Ord. 5, 12-14-2006)

11-9-2: APPLICATION OF PROVISIONS:

The regulations and requirements set forth in this chapter shall apply to the required and nonrequired off street parking facilities in all use districts. (Ord. 5, 12-14-2006)

11-9-3: GENERAL PARKING AND LOADING PROVISIONS:

   A.   Site Plan Requirements: All applications for a building permit or a certificate of occupancy in all zoning districts shall be accompanied by a site plan, indicating the location and number of off street parking and loading spaces meeting the requirements set forth in this chapter.
   B.   Garage Requirements:
      1.   New Lots: For lots of record established after the effective date hereof, all site plans for single-family homes shall provide for the location of a three (3) stall attached garage, whether or not construction is intended.
      2.   Lots Of Record: For lots of record and preliminary platted lots having legal standing prior to the effective date hereof, all site plans for single-family homes shall provide for the location of a two (2) stall garage, whether or not construction is intended.
   C.   Existing Permits: Structures or uses for which a building permit has been issued prior to the effective date hereof shall be exempt from the parking requirements in this chapter if the structure is completed within six (6) months after the effective date hereof.
   D.   Reduction Of Existing Parking And Loading Spaces: Off street parking spaces and loading spaces existing upon the effective date hereof shall not be reduced in number unless the number exceeds the requirements set forth herein for a similar new use.
   E.   Change Of Use Or Occupancy Of Land: No change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall be made, nor shall any sale of land, division or subdivision of land be made, which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by this chapter.
   F.   Change Of Use Or Occupancy Of Buildings: Any change of use or occupancy of any building or buildings including additions thereto requiring more parking area shall not be permitted until additional parking spaces are provided as required by this chapter.
   G.   Off Site Parking Facilities: When required accessory off street parking facilities are provided elsewhere than on the lot in which the principal use served is located, they shall be in the same ownership or control, either by deed or long term lease, as the property occupied by such principal use.
   H.   Use Of Parking Areas: All parking lot designs shall be well planned to minimize conflicts between vehicular and pedestrian traffic. Required off street parking spaces in any district shall not be utilized for vehicle repair, open storage, stockpiling of snow, debris, materials or goods, or for the storage of vehicles which are inoperable or for sale or for lease. Parking spaces for the disabled shall comply with current state requirements.
   I.   Computation Of Required Spaces: In computing the number of parking or loading spaces required, the following rules shall govern:
      1.   The term "floor area", for the purpose of calculating the number of off street parking spaces, shall be the net usable floor area of the various floors, exclusive of hallways, utility space, restrooms, window showcases, and ornamental space not used for assembly.
      2.   Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
      3.   The parking space requirement for a use not specifically mentioned herein shall be the same as required for a similar use as determined by the zoning administrator.
      4.   When computing total number of parking spaces required for a use, individual activities within the use will be calculated separately and added together to arrive at the total required parking spaces for each specific use proposed.
   J.   Disability Accessible Parking: Disability accessible parking spaces shall be provided as applicable pursuant to Minnesota statutes section 168.021, as may be amended. (Ord. 5, 12-14-2006)

11-9-4: DIMENSIONAL PARKING AND ACCESS STANDARDS:

All off street parking facilities shall comply with the following dimensional standards: (Ord. 5, 12-14-2006)
   A.   Drive Aisles/Parking Lots/Stall Dimensions:
 
Angle
Minimum Stall Dimensions
Minimum Parking Lot
Drive Aisle Width
90 degree
9 x 18
24 feet (two-way traffic)
60 degree
9 x 18
18 feet (one-way traffic)
Parallel
8 x 22
24 feet (two-way traffic)
 
(Ord. 43, 6-11-2009)
   B.   Driveways And Private Roadway Requirements:
      1.   Two-way traffic: Twenty four feet (24').
      2.   One-way traffic: Twenty foot (20') minimum if for fire truck access.
      3.   Drive-up window lanes: Fourteen feet (14') if fire truck access is required.
      4.   All driveways shall have a minimum width of ten feet (10') with pavement strength capable of supporting emergency and fire vehicles.
      5.   All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from either an existing dedicated public roadway or an existing private roadway approved by the city. (Ord. 5, 12-14-2006)

11-9-5: JOINT PARKING REQUIREMENTS:

Required parking facilities serving two (2) or more uses may be located on the same lot or in the same structure except in residential zoned districts; provided, that the total number of parking spaces furnished shall be not less than the sum total of the separate requirements for each use during any peak hour parking period when the parking facility is used at the same time by two (2) or more uses. Conditions required for joint uses are:
   A.   The proposed joint parking space is within four hundred feet (400') of the use it will serve.
   B.   The applicant shall demonstrate that there is not substantial conflict in the principal operating hours of the two (2) or more buildings or uses for which joint use of off street parking facilities is proposed.
   C.   A properly drawn legal instrument executed by the parties concerned for joint use of off street parking facilities shall be filed as a deed restriction on both properties in the county recorder's office. (Ord. 5, 12-14-2006)

11-9-6: OFF SITE PARKING:

   A.   Any off site parking which is used to meet the requirements of this chapter may, as applicable, be allowed by a conditional use permit for long term off site parking facilities as regulated under the provisions of section 11-3-2 of this title, or an interim use permit for short term temporary off site parking facilities as regulated under the provisions of section 11-3-3 of this title, and shall be subject to the conditions of this section.
   B.   Off site parking shall be developed and maintained in compliance with all requirements and standards of this chapter.
   C.   Reasonable access from off site parking facilities to the use being served shall be provided. (Ord. 5, 12-14-2006)
   D.   Except as allowed by a lease agreement approved by the city, the site used for meeting the off street parking requirements shall be under the same ownership as the principal use being served or under public ownership. (Ord. 5, 12-14-2006; amd. 2011 Code)
   E.   Off site parking for multiple-family dwellings shall not be located more than two hundred fifty feet (250') from any normally used entrance of the principal use served.
   F.   Off site parking for nonresidential uses shall not be located more than five hundred feet (500') from the main public entrance of the principal use being served. Off site parking located more than five hundred feet (500') from the main entrance may be allowed with the provision of a private shuttle service.
   G.   Any use which depends upon off site parking to meet the requirements of this chapter shall maintain ownership and parking utilization of the off site location until such time as on site parking is provided or a site in closer proximity to the principal use is acquired and developed for parking. (Ord. 5, 12-14-2006)

11-9-7: REDUCTION IN PARKING REQUIREMENTS:

The city may allow reductions in the number of required parking spaces to be installed under one or more of the following circumstances:
   A.   The unique characteristics of the proposed use are such that it will generate a need for less parking than the standard of this chapter; or
   B.   All requests for reductions in the amount of required parking to be installed shall be accompanied by a plan showing where the total required parking spaces can be added on the lot, if necessary, up to the total amount required by this chapter (meeting green area requirements) without requiring a variance. (Ord. 5, 12-14-2006)

11-9-8: DESIGN, MAINTENANCE AND LOCATION OF PARKING AREAS:

   A.   Curb Cuts:
      1.   Width: No driveway curb cut access within the public right of way shall exceed the following unless approved by the city engineer:
         a.   Single-family dwellings with two (2) stall garages: Twenty four feet (24').
         b.   Single-family dwellings with three (3) stall garages: Twenty seven feet (27').
         c.   All other uses: Twenty four feet (24').
      2.   Number Allowed: Each property shall be allowed one curb cut access for each one hundred twenty five feet (125') of street frontage, except by conditional use permit. All property shall be entitled to at least one curb cut. Single-family uses shall be limited to one curb cut access per property unless a conditional use permit is approved, subject to the following criteria:
         a.   The additional access is necessary to provide adequate on site circulation.
         b.   The additional access shall create a minimum of conflict with through traffic movement and shall comply with the requirements of this chapter.
      3.   Setbacks: Curb cuts may not be placed closer than five feet (5') to any side or rear lot line.
      4.   County Roads: Curb cuts onto county roads shall require review by the county engineer. The county engineer shall determine the appropriate location, size, and design of such access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow.
      5.   Sensitive Areas: Curb cuts to principal structures which traverse wooded, steep, or open field areas shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles as determined by the city engineer.
   B.   Signs: Signs shall not be located in a parking area except as necessary for disability accessibility and for the orderly operation of traffic movement. Such signs shall not be a part of the permitted advertising space. (Ord. 5, 12-14-2006)
   C.   Curbing: Except for single-family, two-family and townhouses, all open off street parking shall have a perimeter concrete curb barrier around the entire parking lot. Except as may otherwise be allowed in B-2 zoning district, such curb barrier shall be set back a minimum of five feet (5') from any property line and located entirely outside any drainage and utility easements. (Ord. 43, 6-11-2009)
   D.   Striping: Except for single-family, two-family and townhouses, all parking stalls shall be marked with white or yellow painted lines not less than four inches (4") wide.
   E.   Surfacing: Except in the UR district and as otherwise provided under this subparagraph E, all parking spaces and driveways shall be surfaced with concrete, bitumen, or pavers. Other materials such as decorative rock, gravel, sand, or bare soil are prohibited. This requirement also applies to open sales lots, open rental lots, and outdoor storage or display areas. All parking areas and driveways shall be maintained in a safe and proper manner. The owner shall not allow weeds to grow through the surface or surface materials to become deteriorated. If a gravel side parking area was constructed on the property prior to the effective date hereof, the surface shall be permitted for parking. No such surface shall be expanded or enlarged.
   F.   Lighting: Lighting in an off street parking area shall be shaded or diffused so as to reflect the light away from adjoining property and adjacent traffic areas as regulated in accordance with section 11-4-7 of this title. All light fixtures shall be a downcast style.
   G.   Maintenance Of Off Street Parking Areas: It shall be the joint responsibility of the operator and owner of the principal use, uses and/or building to maintain, in a neat and adequate manner, the parking space, accessways, landscaping and required fencing. (Ord. 5, 12-14-2006)
   H.   Location: All accessory off street parking facilities required herein shall be located as follows:
      1.   Spaces accessory to one- and two-family dwellings shall be on the same lot as the principal use served unless guest parking is provided elsewhere.
      2.   There shall be no off street parking space within five feet (5') of any property line except as follows:
         a.   B-2 District: Zero lot line parking area setbacks shall be allowed within the B-2 district subject to the following conditions:
            (1)   A five-foot (5') parking area setback shall be maintained along street rights of way (not including alleys). Such setback area shall be sodded or landscaped with approved ground cover, shrubbery, or trees.
            (2)   If applicable, a maintenance and joint use agreement shall be executed and recorded against the titles of the affected properties.
            (3)   Parking areas shall be located entirely outside any drainage and utility easements.
         b.   Shared Access And Joint Parking: Zero lot line setbacks shall be allowed in cases of shared access and joint parking subject to the following conditions:
            (1)   The access and/or parking area layout is approved by the city engineer.
            (2)   A maintenance and joint use agreement shall be executed and recorded against the titles of the affected properties.
            (3)   If applicable, the conditions of section 11-9-5 of this chapter related to joint parking are satisfied.
      3.   When parking stalls abut a sidewalk, the minimum sidewalk width shall be six feet (6').
      4.   Parking stalls shall not be located where they obstruct doorways, driveways, or pedestrian walkways.
      5.   All disability accessible stalls shall be located in close proximity to entrance areas and shall not be hindered by inappropriately located curb cuts, catch basins, etc. (Ord. 43, 6-11-2009; amd. Ord. 208, 2-13-2020; Ord. 244, 3-10-2022)

11-9-9: MISCELLANEOUS PARKING RESTRICTIONS AND PROHIBITIONS:

   A.   Parking And Storage Of Unlicensed Vehicles: Automotive vehicles (operative or inoperative) or trailers that are of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.
   B.   Use Of Parking Area: Required off street parking spaces in all districts shall not be used for open storage, or sale of goods, or for the storage of vehicles which are inoperable, for lease, rent or sale, or for the stockpiling of snow.
   C.   Parking And Storage Of Recreational Vehicles: The parking and storage of recreational vehicles shall be regulated in accordance with section 11-8-2 of this title. (Ord. 5, 12-14-2006)

11-9-10: NUMBER OF PARKING SPACES REQUIRED:

Uses
Required Number Of Parking Spaces
Uses
Required Number Of Parking Spaces
Commercial:
 
   Automobile repair (major), heavy equipment service
2, plus 4 for each service stall
   Automobile repair (minor)
1 per 200 square feet of floor area
   Bank
1 for each 300 square feet of floor area
   Bar, tavern, nightclub, taproom, cocktail room
1 per 3 patron seats, plus 1 per employee on the largest work shift
   Bed and breakfast
1 for each dwelling unit or lodging room, plus 1 additional for each 4 units
   Bowling alley
5 for each alley, plus additional spaces as may be required herein for related uses contained within the principal structure
   Brewery, distillery
1 per 500 square feet of floor area or 1 for each employee on the largest work shift, whichever is greater
   Clinic
3 per doctor or dentist, plus 1 for each employee on the largest work shift
   Commercial car wash (accessory to motor fuel station)
6 off street stacking spaces per drive-through car wash. The bay inside the car wash shall not be considered a stacking space
   Commercial car wash (as principal use)
6 off street stacking spaces per drive-through car wash plus 1 for each employee on the largest work shift. The bay inside the car wash shall not be considered a stacking space
   Commercial kitchen
1 per 300 square feet of floor area
   Private club, lodge, cultural establishment
1 per 250 square feet of floor area, or 1 per 4 patrons at the maximum occupancy load, whichever is greater, plus 1 per employee on the largest work shift
   Funeral home
20 per chapel or parlor, plus 1 for each company vehicle maintained on site. Adequate stacking space shall also be provided for staging funeral processions
   Grocery or supermarket
1 per 100 square feet of floor area of customer sales and service, plus 1 per 200 square feet of floor area of storage
   Hotel or motel
1 for each dwelling unit or lodging room, plus 1 additional for each 8 units
   Kennel, commercial animal, animal shelter
1 per 10 kennels, plus 1 per employee on largest on the largest work shift
   Laundromat
1/2 per machine
   Ministorage/self-service storage facility
2 per dwelling unit or employee area, plus 1 per 6,000 square feet of indoor storage area
   Motor fuel station
1 per 100 square feet of floor area. Parking areas at pump islands may be counted as parking spaces
   Motor vehicle sales, heavy equipment sales
1 per 500 square feet of showroom, plus 1 for each 3,000 square feet of outdoor sales lot
   Office
1 for each 400 square feet of floor space
   Outdoor storage, sale, service and/or display
1 per 2,000 square feet of outdoor storage or display area
   Personal service
2 per chair or bed, plus 1 per employee on the largest work shift
   Pool hall and arcade
1 per 4 patrons at the maximum occupancy load of the facility, plus 1 per employee on the largest work shift, plus 1 per 100 square feet of kitchen, dining, or snack bar area
   Recreation, commercial
1 per 2 customers to maximum capacity, plus 1 per employee on largest work shift
   Recreation, physical
1 per 200 square feet of floor area
   Research facility
1 per employee on largest work shift
   Restaurant (fast food) including outdoor seating
1 per 50 square feet of floor area, plus 1 per employee on the largest work shift
   Restaurant (sit down) including outdoor seating
5 per 1,000 square feet of floor area
   Restaurant, take out (no seating)
1 per 100 square feet of floor area
   Retail establishment
1 per 300 square feet of floor area
   Service establishment
1 per 300 square feet of floor area
   Theater, auditorium
1 for each 3 seats, based upon maximum design capacity
   Veterinary clinic (with or without kennels)
3 per doctor, plus 1 per employee on the largest work shift
Industrial:
 
   Manufacturing
1 per 1,000 square feet of floor area, plus 1 for each company owned truck (if not stored inside the principal structure)
   Truck terminal
1 per 1,000 square feet of floor area
   Warehouse, distribution
1 per 1,000 square feet of floor area, plus 1 per company vehicle not stored within the principal structure
   Wholesale showroom
1 per 400 square feet of floor area
Institutional:
 
   Cemetery
1 per employee
   Community center
1 per 250 square feet of floor area, or 1 per 4 patrons at the maximum occupancy load, whichever is greater, plus 1 per employee on the largest work shift
   Hospital
2 per 3 patient beds, plus 1 per employee on the largest work shift
   Library
1 per 250 square feet of floor area or 1 per 4 seats at the maximum occupancy load, whichever is greater, plus 1 per employee on the largest work shift
   Religious institution
1 per 3 seats of maximum capacity
   School, college or trade
1 per staff member on the largest work shift, plus 1 per 2 students of the largest class attendance period
   School, elementary and junior high
1 per 7 students based upon building design
   School, high school and posthigh school facilities
1 per 3 students based upon building design capacity, plus 1 per classroom
Recreational:
 
   Athletic field (private or private nonprofit)
1 per 8 seats of design capacity
   Athletic stadium/auditorium/indoor sports area
1 per 4 seats
   Golf course
4 per hole, plus 50 percent of the requirements for any other associated use, except in planned residential, resort, or commercial developments, which have otherwise adequate provisions for parking
   Golf driving range, miniature golf, archery range
10, plus 1 for each 100 square feet of floor area
   Skating rink, ice or roller
1 per 300 square feet of floor area, plus 1 per employee on largest work shift
   Tennis, racquet, handball court
4 per court, plus 1 per employee on the largest work shift
Residential:
 
   Accessory dwelling unit
1 per unit in addition to those required for the principal dwelling unit
   Assisted living facility
1/2 per unit
   Daycare facility
1 per teacher/employee on the largest work shift, plus 1 off street loading space per 6 students
   Group home (dwelling)
1 per sleeping room or 1 for every 4 beds
   Manufactured home
2 per manufactured home (a minimum of 1 shall be enclosed)
   Multiple-family dwelling
11/2 for each efficiency and 1-bedroom unit and 21/4 for units with 2 or more bedrooms. A minimum of 1 of the required parking spaces per unit shall be an enclosed garage space.
   Nursing home other than assisted living facility
1 per 6 patient beds, plus 1 per employee on the largest work shift
   One- and two-family residence
A 440 square foot attached garage shall be constructed at the same time as the principal structure. For lots of record established after the effective date hereof, all site plans for single-family homes shall provide for the location of a 3-stall attached garage, whether or not construction is intended
   Senior housing (uses with occupancy limited to persons age 55 and over)
1 per unit; 1/2 of required stalls may be provided at initial development for projects with occupancy restricted to persons age 55 and older. The development shall include a proof of parking area sufficient to meet the parking requirements
   Townhome dwelling unit
2 attached garage spaces and 2 driveway spaces per unit plus 1/2 per unit in common parking space. Garages shall be a minimum of 20 feet in width
   Uses not listed
The parking requirement for a use not specifically mentioned herein shall be the same as required for a similar use as determined by the Zoning Administrator
 
(Ord. 179, 10-25-2018; amd. Ord. 222, 1-14-2021; Ord. 228, 4-22-2021; Ord. 244, 3-10-2022)

11-9-11: ADDITIONAL OFF STREET LOADING REQUIREMENTS:

   A.   Any of the following uses with a gross floor area of six thousand (6,000) square feet or more which requires deliveries or shipments shall provide off street loading facilities in accordance with the requirements specified below unless a conditional use permit is granted:
      1.   Every retail establishment, industrial or manufacturing use, warehouse, or wholesale use having a gross floor area of six thousand (6,000) square feet or more shall provide off street loading facilities as follows:
 
Gross Floor Area In Square Feet
Number Of Loading Spaces
   6,000 - 24,999
1
   25,000 - 74,999
2
   75,000 - 150,000
3
For each additional 100,000 square feet (or fraction thereof) of gross floor area
1 additional off street loading space shall be provided
 
      2.   Every public assembly use, such as auditoriums, convention halls, exhibition halls, stadiums or sports arenas, with a gross floor area of greater than one hundred thousand (100,000) square feet shall be provided a minimum of one off street loading space.
      3.   Funeral homes, restaurants and hotels with a gross floor area of greater than thirty thousand (30,000) square feet and offices with a gross floor area of one hundred thousand (100,000) square feet or more shall provide a minimum of one off street loading space.
   B.   Off street loading spaces shall be at least ten feet by twenty five feet (10' x 25'), excluding area for maneuvering vehicles.
   C.   At no time shall any part of a truck or van be allowed to extend into the right-of-way of a public street while the truck or van is being loaded or unloaded. (Ord. 5, 12-14-2006)