Fairview Township Luzerne County
City Zoning Code
City Zoning Code
ARTICLE VI
Off-Street Parking and Loading
§ 246-45 Required number of parking spaces.
A.
Overall requirements.
(1)
Number of spaces. Each use that is newly developed, enlarged, significantly changed in type or increased in number of establishments shall provide and maintain off-street parking spaces in accordance with Table 6.1 and the regulations of this article.
(2)
Uses not listed. Uses not specifically listed in Table 6.1 shall comply with the requirements for the most similar use listed in Table 6.1, unless the applicant proves to the satisfaction of the Zoning Officer that an alternative standard should be used for that use.
(3)
Multiple uses. Where a proposed lot contains or includes more than one type of use, the number of parking spaces required shall be the sum of the parking requirements for each separate use.
(4)
Table 6.1 | ||||
|---|---|---|---|---|
Off-Street Parking Requirements [Amended 2-2-2016 by Ord. No. 1-2016] | ||||
Use | Number of Off-Street Parking Spaces Required | Plus 1 Off-Street Parking Space for Each: | ||
A. | Residential uses: | |||
1. | Dwelling unit, other than types listed separately in this table | 2 per dwelling unit; if a vehicle must be moved from one space in order to access the second space, then an additional parking space shall be available for each dwelling unit, such as an on-street space in front of the dwelling or an overflow parking lot | ||
2. | Home occupation | See § 246-35 | ||
3. | Housing permanently restricted to persons 62 years and older and/or the physically handicapped (other than retirement community) | 1 per dwelling/rental unit, except 0.4 per dwelling/rental unit if evidence is presented that the non-physically handicapped persons will clearly primarily be over 70 years old | Nonresident employee | |
4. | Boardinghouse | 1 per rental unit or bed for adult, whichever is greater | Nonresident employee | |
5. | Group home | 1 per 2 residents of a type reasonably expected to be able to drive a vehicle | Employee | |
B. | Institutional uses: | |||
1. | Place of worship or church | 1 per 5 seats in room of largest capacity | Employee | |
2. | Hospital | 1 per 3 beds | 1.1 employees | |
3. | Nursing home | 1 per 5 beds | 1.1 employees | |
4. | Assisted living facility and/or retirement community | 1 per 4 beds, plus 1.5 for each individual dwelling unit | 1.1 employees | |
5. | Day-care center | 1 per 10 children, with spaces designed for safe and convenient drop-off and pickup | 1.1 employees | |
6. | School, primary or secondary | 1 per 4 students aged 16 or older | 1.1 employees | |
7. | Utility facility | 1 per vehicle routinely needed to service facility | ||
8. | College or university | 1 per 1.5 students not living on campus who attend class at peak times (plus required spaces for on-campus housing) | 1.1 employees | |
9. | Library, community center or cultural center or museum | 1 per 5 seats (or 1 per 250 square feet of floor area accessible to patrons and/or users if seats are not typically provided) | 1.1 employees | |
10. | Treatment center | 1 per 2 residents aged 16 years or older, plus 1 per nonresident intended to be treated on-site at peak times | Nonresident employee | |
11. | Swimming pool, nonhousehold | 1 per 50 square feet of water surface, other than wading pools | 1.1 employees | |
C. | Commercial uses: | All commercial uses, as applicable, shall provide additional parking or storage needed for maximum number of vehicles stored, displayed or based at the lot at any point in time; these additional spaces are not required to meet the stall size and parking aisle width requirements of this chapter | ||
1. | Auto service station or repair garage | 5 per repair/service bay and 1/4 per fuel nozzle with such spaces separated from accessways to pumps | Employee; plus any parking needed for a convenience store under "retail sales" | |
2. | Auto, boat, recreational vehicle or manufactured home sales | 1 per 15 vehicles, boats, RVs or homes displayed | Employee | |
3. | Bed-and-breakfast use | 1 per rental unit, plus the 2 per dwelling unit | Nonresident employee | |
4. | Bowling alley | 2 per lane plus 2 per pool table | 1.1 employees | |
5. | Car wash | Adequate waiting and drying areas | 1.1 employees | |
6. | Financial institution (includes bank) | 1 per 200 square feet of floor area accessible to customers, plus "office" parking for any administrative offices | 1.1 employees | |
7. | Funeral home | 1 per 5 seats in rooms intended to be in use at one time for visitors, counting both permanent and temporary seating | Employee | |
8. | Miniature golf | 1 per hole | 1.1 employees | |
9. | Haircutting/ hairstyling | 1 per customer seat used for haircutting, hair styling, hair washing, manicuring or similar work | 1.1 employees | |
10. | Hotel or motel | 1 per rental unit, plus 1 per 4 seats in any meeting room (plus any required by any restaurant) | 1.1 employees | |
11. | Laundromat | 1 per 3 washing machines | On-site employee | |
12. | Offices or clinic, medical/dental | 5 per physician and 4 per dentist | 1.1 employees | |
13. | Offices, other than above | 1 per 300 square feet of total floor area | ||
14. | Personal service use, other than haircutting/ hairstyling (minimum of 2 per establishment) | 1 per 200 square feet of floor area accessible to customers | 1.1 employees | |
15. | Indoor recreation (other than bowling alley), membership club or exercise club | 1 per 4 persons of maximum capacity of all facilities | 1.1 employees | |
16. | Outdoor recreation (other than uses specifically listed in this table) | 1 per 4 persons of capacity (50% may be on grass overflow areas with major driveways in gravel) | 1.1 employees | |
17. | Restaurant | 1 per 2.5 seats, or 3 spaces for a use without customer seats | 1.1 employees | |
18. | Retail sales (other than types separately listed) | 1 per 200 square feet of floor area of rooms accessible to customers | ||
19. | Retail sales of only furniture, lumber, carpeting, bedding or floor covering | 1 per 400 square feet of floor area of rooms accessible to customers | ||
20. | Tavern | 1 per 30 square feet of total floor area | 1.1 employees | |
21. | Theater or auditorium | 1 per 4 seats, 1/2 of which may be met by convenient parking shared with other business uses on the same lot that are typically not routinely open beyond 9:00 p.m. | 1.1 employees | |
22. | Trade/hobby school | 1 per 2 students on-site during peak use | 1.1 employees | |
23. | Veterinarian office | 4 per veterinarian | 1.1 employees | |
D. | Industrial uses: | |||
In addition to parking or storage needed for maximum number of vehicles stored, displayed or based at the lot at any point in time, which spaces are not required to meet the stall size and aisle width requirements of this chapter | ||||
All industrial uses (including warehousing, distribution and manufacturing) | 1 per 1.2 employees, based upon the maximum number of employees on-site at peak period of times | 1 visitor space for every 10 managers on the site | ||
Self-storage development | 1 per 20 storage units | 1.1 employees | ||
§ 246-46 General regulations for off-street parking.
A.
General. Parking spaces and accessways shall be laid out to result in safe and orderly use, and to fully take into account all of the following: vehicular access onto and off the site, vehicular movement within the site, loading areas, pedestrian patterns and any drive-through facilities. No parking area shall cause a safety hazard or impediment to traffic off the lot.
B.
Existing parking.
(1)
Any parking spaces serving such preexisting structures or uses at the time of adoption of this chapter shall not in the future be reduced in number below the number required by this chapter.
(2)
If a new principal nonresidential building is constructed on a lot, then any existing parking on such lot that serves such building shall be reconfigured to comply with this chapter, including, but not limited to, requirements for channelization of traffic from adjacent streets, channelization of traffic within the lot, minimum aisle widths, paving and landscaping.
C.
Change in use or expansion. A structure or use in existence at the effective date of this chapter that expands or changes in use of an existing principal building shall be required to provide all of the required parking for the entire size and type of the resulting use, except as follows:
(1)
If an existing lawful use includes less parking than would be required, then that deficit of parking shall be grandfathered for new uses. For example, if an existing store included three parking spaces and was required to provide seven spaces, there is a deficit of four spaces. Therefore, if that store is converted to an office that would need 10 spaces, the office would need to provide a total of six spaces (10 minus the preexisting deficit of four).
(2)
If a nonresidential use expands by an aggregate total maximum of 5% in the applicable measurement (such as building floor area) beyond what existed at the time of adoption of this chapter, then no additional parking is required. For example, if an existing building included 3,000 square feet, and a single minor addition of 150 square feet was proposed, then additional parking would not be required. This addition without providing new parking shall only be allowed one time per lot.
D.
Continuing obligation of parking and loading spaces. All required numbers of parking spaces and off-street loading spaces shall be available as long as the use or building which the spaces serve still exist, and such spaces shall not be reduced in number below the minimum required by this chapter. No required parking area or off-street loading spaces shall be used for any other use (such as storage or display of materials) that interferes with the area's availability for parking.
E.
Location of parking. Required off-street parking spaces shall be on the same lot or abutting lot with the principal use served, unless the applicant proves to the satisfaction of the Zoning Hearing Board that a method of providing the spaces is guaranteed to be available during all of the years the use is in operation within 300 feet walking distance from the entrance of the principal use being served. Such distance may be increased to 500 feet for employee parking of a nonresidential use. A written and signed lease shall be provided, if applicable. The Zoning Hearing Board may require that the use be approved for period of time consistent with the lease of the parking, and that a renewal of the permit shall only be approved if the parking lease is renewed.
F.
Reduction of parking requirements as a special exception.
(1)
Purposes. The purpose of this subsection is to minimize the amount of land covered by paving, while making sure adequate parking is provided; and to recognize that unique circumstances may justify a reduction in parking.
(2)
As a special exception, the Zoning Hearing Board may authorize a reduction in the number of off-street parking spaces required to be provided for a use if the applicant proves to the satisfaction of the Zoning Hearing Board that a lesser number of spaces would be sufficient.
(a)
The applicant shall provide evidence justifying the proposed reduced number of spaces, such as studies of similar developments during their peak hours. The applicant shall also provide relevant data, such as numbers of employers, peak expected number of customers/visitors and similar data.
(b)
Under this section, an applicant may prove that a reduced number of parking spaces is justified because more than one principal use will share the same parking. In such case, the applicant shall prove that the parking has been designed to encourage shared use, and that long-term agreements ensure that the parking will continue to be shared. The amount of the reduction in parking should be determined based upon whether the different uses have different hours of peak demand and/or overlapping customers.
(c)
Reserved area for additional parking. Under this section, the Zoning Hearing Board may require that a portion of the required parking be met through a reservation of an area for future parking. The Board may require the reservation for a certain number of years or an indefinite period corresponding to the years the buildings are in use.
[1]
Such reservation shall be in a form acceptable to the Zoning Hearing Board Solicitor that legally binds current and future owners of the land to keep the reserved parking area in open space and then to provide the additional parking if the Township determines it is necessary. A deed restriction is recommended.
[2]
If approved under this Subsection F(2)(c), the applicant shall present a site plan to the Zoning Officer that shows the layout that will be used for the additional parking if the parking is required to be provided in the future. The site plan shall show that the additional parking is integrated with the overall traffic access and pedestrian access for the site, and that the additional parking will be able to meet Township requirements.
[3]
The additional parking that is reserved under this subsection shall be required to be kept as landscaped open area, until such time as the Zoning Hearing Board decision may authorize the land's release from the restriction, or until the Township may require that the land be developed as parking.
[4]
The Zoning Officer shall periodically review the sufficiency of the parking that is provided. If the Zoning Officer in the future determines that the reserved parking is needed to meet actual demand, he/she shall provide written notice to the property owner. The property owner shall then have one year to develop the reserved area into off-street parking in compliance with this chapter.
(d)
If the Zoning Hearing Board requires that areas be reserved for future parking if needed, then the stormwater system shall be designed to accommodate that future parking.
§ 246-47 Design standards for off-street parking.
A.
General requirements.
(1)
Backing onto a street. No parking area shall be designed to require or encourage parked vehicles to back into a public street in order to leave a parking space, except for a single-family or two-family dwelling with its access onto a local street or parking court. Parking spaces may back onto an alley.
(2)
Every required parking space shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other vehicle, except for spaces serving a single-family, twin or townhouse dwelling.
(3)
Parking areas shall not be within a required buffer yard or street right-of-way.
(4)
Separation from street. Except for parking spaces immediately in front of individual dwellings, all areas for off-street parking, off-street loading and unloading and the storage or movement of motor vehicles shall be physically separated from the street by a continuous grass or landscaped planting strip, except for necessary and approved vehicle entrances and exits to the lot.
(5)
Stacking and obstructions. Each lot shall provide adequate area upon the lot to prevent backup of vehicles on a public street while awaiting entry to the lot, or while waiting for service at a drive-through facility.
B.
Size and marking of parking spaces.
(1)
Each parking space shall have a minimum width of nine feet and shall include a minimum square footage of 180 square feet. In addition, the minimum length shall be 22 feet for parallel parking.
(3)
All spaces shall be marked to indicate their location, except those of a one- or two-family dwelling.
C.
Aisles.
(1)
Each aisle providing for one-way traffic to access parking stalls shall have the following minimum width:
Angle of Parking | Minimum Aisle Width (feet) |
|---|---|
Parallel or 30° | 12 |
45° | 14 |
60° | 18 |
90° | 20 |
(2)
Each aisle providing access to stalls for two-way traffic shall be a minimum of 24 feet in width, except a width of 20 feet may be allowed for parking areas with spaces that are parallel or involve an angle of parking of 45° or less.
D.
Accessways and driveways.
(1)
Width of driveway/accessway at entrance onto a public street, at the edge of the cartway (unless a different standard is required by PennDOT for an entrance to a state road, or the applicant proves to the satisfaction of the Zoning Officer that a wider width is needed for tractor-trailer trucks):
1-Way Use (feet) | 2-Way Use (feet) | |
|---|---|---|
Minimum | 12 | 25 |
Maximum | 20 | 30 |
(2)
Drainage. Adequate provisions shall be made to maintain uninterrupted parallel drainage along a public street at the point of driveway entry. The Township may require an applicant to install an appropriate type and size of pipe at a driveway crossing.
E.
Paving, grading and drainage.
(1)
Parking and loading facilities and including driveways shall be graded and adequately drained to prevent erosion or excessive water flow across streets or adjoining properties.
(2)
For uses other than single-family detached dwellings (except for landscaped areas), all portions of required parking, loading facilities and driveways shall be surfaced with asphalt, concrete, paving block or other low-dust materials preapproved by the Township.
(a)
Parking areas serving public parks or seasonal outdoor recreation areas are not required to be paved, and may use stone in areas with the greatest use, with grass overflow areas for peak periods of use.
(b)
In addition, by special exception, the Zoning Hearing Board may allow other parking areas with low or seasonal usage to be maintained in stone, grass or other suitable surfaces. For example, the Board may allow parking spaces to be grass, while major aisles are covered by stone.
(c)
If the design and material are found acceptable by the Township Engineer, portions of parking areas may be covered with a low-dust porous parking surface that is designed to promote groundwater recharge. This might include porous asphalt or pervious concrete placed over open graded gravel and crushed stone. Porous parking surfaces shall not be allowed in areas routinely used by heavy trucks.
(d)
Curbing should not be required in parking areas except where absolutely necessary to control stormwater runoff.
(3)
For single-family detached dwellings, driveways shall be surfaced with asphalt, concrete, paving block, stone, Township-approved porous paving or other low-dust materials preapproved by the Township, except that, for the first 20 feet of length of a driveway abutting a paved cartway of a public street, the driveway shall be surfaced with asphalt within six months after the occupancy of the dwelling.
G.
Handicapped parking.
(1)
Number of spaces. Any lot including four or more off-street parking spaces shall include a minimum of one handicapped space. The following number of handicapped spaces shall be provided, unless a greater number of spaces is officially required under the federal Americans with Disabilities Act:[1]
Total Number of Parking Spaces on the Lot | Required Minimum Number/Percent of Handicapped Parking Spaces |
|---|---|
4 to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
101 to 150 | 5 |
151 to 200 | 6 |
201 to 300 | 7 |
301 to 400 | 8 |
401 to 500 | 9 |
501 to 1,000 | 2% of required number of spaces |
1,001 or more | 20, plus 1% of required number of spaces over 1,000 |
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(2)
Location. Handicapped parking spaces shall be located where they would result in the shortest reasonable accessible distance to a handicapped accessible building entrance. Curb cuts shall be provided as needed to provide access from the handicapped spaces.
(3)
Minimum size. Each required handicapped parking space shall be eight feet by 18 feet. In addition, each space shall be adjacent to a five-foot-wide access aisle. Such access aisle may be shared by two handicapped spaces by being placed between them. However, one out of every eight required handicapped parking spaces shall have an adjacent access aisle of eight feet width instead of five feet.
(4)
Slope. Handicapped parking spaces shall be located in areas of less than 2% slope in any direction.
(5)
Marking. All required handicapped spaces shall be well-marked by clearly visible signs or pavement markings. Blue paint is recommended. The amount of the fine for violations shall be noted on signs that are visible to persons parking in the space.
(6)
Paving. Handicapped parking spaces and adjacent areas needed to access them with a wheelchair shall be covered with a smooth surface that is usable with a wheelchair.
H.
Paved area setbacks (including off-street parking setbacks).
(1)
Intent. It is the intent of this subsection to ensure that parked or moving vehicles within a lot do not obstruct sight distance or interfere with pedestrian traffic, to aid in stormwater management along streets and to prevent vehicles from entering or exiting a lot other than at approved driveways.
(2)
Any new or expanded paved area serving a principal nonresidential use shall be separated from a public street by a planting strip. The planting strip shall have a minimum width of 15 feet and be maintained in grass or other attractive vegetative ground cover. The planting strip may intrude into the street right-of-way, but shall not include areas currently intended for street widening or shoulder improvements.
(a)
The planting strip shall not include heights or locations of plants that would obstruct safe sight distances, but may include deciduous trees that motorists can view under the leaf canopy.
(b)
The planting strip may be placed inward from the shoulder of an uncurbed street or inward from the curb of a curbed street. If necessary in the future, the Township and PennDOT will continue to have the right to replace planting areas within the right-of-way with future public improvements.
(c)
Township-approved sidewalks and approximately perpendicular driveway crossings may be placed within the planting strip. Mostly vegetative stormwater channels may be placed within the planting strip.
(e)
Where feasible, this setback should include an unobstructed generally level width running parallel to a road that is suitable for a person to walk.
I.
Parking setback from buildings. Parking spaces serving principal nonresidential buildings and apartment buildings shall be located a minimum of 10 feet from any building wall, unless a larger distance is required by another provision. This distance shall not apply at vehicle entrances into or under a building.
§ 246-48 Off-street loading.
A.
Each use shall provide off-street loading facilities, which meet the requirements of this section, sufficient to accommodate the maximum demand generated by the use and the maximum size vehicle, in a manner that will not routinely obstruct traffic on a public street. If a reasonable alternative does not exist, traffic may be obstructed for occasional loading and unloading along an alley.
B.
At the time of review under this chapter, the applicant shall provide evidence to the Zoning Officer on whether the use will have sufficient numbers and sizes of loading facilities. The Planning Commission and/or Board of Supervisors may provide advice to the Zoning Officer on this matter as part of any plan review by such boards. For the purposes of this section, the words "loading" and "unloading" are used interchangeably.
C.
Each space and the needed maneuvering room shall not intrude into approved buffer areas and landscaped areas.
§ 246-49 Fire lanes and access.
A.
Fire lanes shall be provided where required by state or federal regulations or other local ordinances.
B.
Access shall be also provided so that fire equipment can reach all sides of principal nonresidential buildings and apartment buildings. This access shall be able to support a loaded fire pumper truck, but shall not necessarily be paved.
C.
The specific locations of fire lanes and fire equipment access are subject to review and approval by Township fire officials.