In all zoning districts, off-street parking facilities for the storage and parking of self-propelled motor vehicles for the use of occupants, employees and patrons of the buildings erected, altered or extended after the effective date of this chapter shall be provided as prescribed below. For required parking areas or loading zone areas, a plan shall be submitted showing the areas set aside for parking or loading zone with a legal description of such lands and a statement signed by the legal owners of the property that such lands are irrevocably set aside and maintained for the parking of automobiles or a loading zone for the purpose required, unless an equivalent number of such spaces are provided elsewhere in conformance with this chapter. Such plan shall be on a form to be furnished by the building inspector which shall include a certificate by the building inspector that the parking areas or loading zone requirements of this chapter have been met as of this date. The form shall be kept on file in the city clerk's office during the life of the required use.

(1)

[Intentionally omitted.]

(2)

Fractional requirements. When units or measurements determining number of required parking spaces result in requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space.

(3)

Loading space limitations. Loading space as required in section 90-158 shall not be construed as supplying off-street parking space.

(4)

Location of parking space for one- and two-family dwellings. An off-street parking facility required for a one- or two-family dwelling shall be located on the same lot or plot of ground as the building it is intended to serve, and shall consist of an enclosed garage not less than of 20 feet wide by 20 feet deep for a one-family, or of not less than 40 feet wide by 20 feet deep for a two-family dwelling. The garage shall be served by a paved driveway from the garage to the access street or alley. Garages required for one- and two-family dwellings shall be subject to the provisions for accessory buildings contained in section 90-25, and the specific district requirements for accessory buildings in the district in which the dwelling is located. Carports are specifically prohibited.

(5)

Location of parking space for other land uses. The off-street parking facilities required for all other uses shall be located on the lot or within 300 feet of the permitted use requiring such off-street parking, such distance to be measured along lines of public access to the property between the nearest point of the parking facility and the building to be served.

Where required parking facilities are provided on land other than the site on which the land or building served by such facilities is located, such other land shall be and remain in the same ownership and control as the site occupied by the building or use to which the parking facilities are accessory. No site plan or use or occupancy permit may be approved where that relationship does not exist unless the city council, after reviewing the plans and conducting an open hearing, finds that (a) common ownership and possession or extended occupancy of both sites are reasonably certain to continue, (b) the off-site parking facilities will be maintained by or with the principal site and (c) issuance of a use or occupancy permit is in the public interest.

(6)

Usable floor area. For the purpose of this section, usable floor area in the case of offices, merchandizing and service types of uses, and private nonprofit theatrical facilities shall mean the gross floor area used or intended to be used by customers, patrons, clients, patients, owners, tenants and theatrical participants, less 20 percent thereof.

(7)

Seating capacity or seats. As used in this article for parking requirements, shall mean that each 20 inches of seating facilities shall be counted as one seat, except that where specifications and plans filed with the building department specify a certain seating capacity for a particular building, such specified seating capacity shall be used as the basis for required parking space.

(8)

Bed. Wherever the term "bed" is referred to, it shall mean such beds as are occupied by the patients or guests of the hospital or building in question, provided however, that bassinets and incubators shall not be counted as beds.

(9)

Similar uses and requirements. In the case of a use not specifically mentioned, the requirements for off-street parking facilities for a use which is so mentioned, and to which the use is similar, shall apply.

(10)

Existing off-street parking at effective date of chapter. Off-street parking existing at the effective date of this chapter which serves an existing building or use shall not be reduced in size less than that required under the terms of this chapter.

(11)

Collective provisions. Nothing in this section shall be construed to prevent collective provisions of off-street parking facilities for two or more buildings or uses, provided such facilities collectively shall not be less than the sum requirements for the various individual uses computed separately in accordance with the table under section 90-157.

(12)

General use conditions. Except when land is used as storage space in connection with the business of a repair or service garage, the time limits for parking in off-street parking areas shall prevail as specified under section 90-157(13); it being the purpose and intention of the foregoing that the requirements of maintaining vehicle storage or parking space is to provide for the public safety in keeping parked cars off the streets, but such requirement is not designed to or intended to provide, and it shall be unlawful to permit the storage or parking on such open land of wrecked or junked cars, trailers, mobile homes, travel homes, boats, boat trailers, or for creating a junkyard or nuisance in such area.

(13)

Restriction of parking on private property. It shall be unlawful for any person to park any motor vehicle on any private property or use the private property for vehicle storage, or use any portion of any private property as parking space, without the express or implied consent, authorization or ratification of the owner, holder, occupant, lessee, agent or trustee of the property.

(14)

Village parking district. The parking exempt area shown on the city's zoning map as of January 1, 2006, may be referred to as the village parking district or the parking district. To the extent of and subject to the conditions in this subsection (14), all nonresidential buildings and nonresidential uses existing within the parking district existing on November 1, 2009 shall be exempt from the requirements of this division: Provided that any then-existing accessory off-street parking or loading facilities located on a site shall not be reduced (or, if already than less, shall not be further reduced) below the requirements of this subsection (14).

a.

Any structure or use which is established, expanded or changed after November 1, 2009 may be required to provide off-street parking facilities as specified in this section. When there is a change in use to a use that has the same or lesser parking impact as determined by the village parking model than the previous use, no additional parking shall be required. When there is a change to a use that has a greater parking impact than the previous use, the difference in required spaces between the previous and proposed use shall be provided, except as specified in this section. When an existing structure or use is enlarged or expanded, minimum off-street parking shall be provided for the area of such enlargement or expansion.

b.

Any applicant for a building, use or occupancy permit in the parking district who is required to provide off-street parking because of a proposed change of use, expansion of an existing use or new construction may request a waiver of all or a portion of the village parking district parking requirement by making a payment to the city's special parking fund in accordance with then applicable fee schedule established by the city council.

c.

Such payment shall be a condition of approval and shall be made to the city prior to the issuance of any permit. No refund of such payment shall be made for any reason including when there is a change or decrease in a use requiring less parking.

d.

Funds derived from such payment shall be deposited by the city in a special parking fund which shall be used and expended exclusively for any or all of the following: Maintaining, planning, designing, acquiring, and/or developing off-street parking facilities that will service the businesses within the parking exempt area.

e.

An application for waiver and permission to make such payment-in-lieu of providing off-street parking shall be made as part of an application to the building inspector or his designee for approval of the underlying permit. The decision as to whether, to what extent and on what additional conditions to grant the waiver shall be made by the city council after considering the current inventory and future needs for parking in or near the parking district, as well as the benefit to the private owners and to the public from parking which might subsequently be provided by the city.

f.

Minimum parking requirements may be satisfied where buildings are located within a special assessment district or other district established by the city council for purposes of providing off-street parking facilities, provided that such parking facilities are completed and accepted by the city council.

(15)

C-1 district. In the C-1 district, the following parking waivers may be permitted:

a.

Ten percent to account for the availability of on-street parking, and an additional five percent for available public off-street parking.

b.

Ten percent for those uses that can demonstrate that they have a shared parking arrangement or a mix of uses that do not have conflicting peak hour parking requirements.

c.

Five percent for those uses that can demonstrate that reasonable transit alternatives (e.g., walking, biking, bus, car share) are available.

(Code 1980, § 5.91; Ord. No. 336, § I, 11-18-02; Ord. No. 350, § IV, 11-1-04; Ord. No. 389, §§ I, II, 10-19-09; Ord. No. 407, §§ IV, V, 7-15-13; Ord. No. 445, § IV, 5-17-21)

The amount of required off-street parking space for new uses or buildings, additions thereto, and additions to existing buildings as specified in section 90-156 shall be determined in accordance with the following table, and the space so required shall be stated in the application for a building permit, shall be irrevocably reserved for such use and/or shall comply with the initial part of this section, and shall be provided in the city.

(Code 1980, § 5.92; Ord. No. 407, § VI, 7-15-13; Ord. No. 445, § V, 5-17-21)

Parking spaces already provided to meet off-street parking requirements for auditoriums and other places of public assembly, stores and office buildings lying within 500 feet of a church as measured along lines of public access, and that are not normally used between the hours of 6:00 a.m. and 6:00 p.m. on Sundays, and are made available for other parking may be used to meet not more than 75 percent of the off-street parking requirements of a church.

(Code 1980, § 5.93)

All lands and areas now or hereafter used for the parking of more than three vehicles shall be developed and constructed in accordance with the following general requirements; provided that lands now in use for parking purposes shall be improved to meet the following requirements. (See illustration, Table I, at the end of this section.)

(1)

The construction of any parking lot shall be in accordance with the requirements of the building code, The Dimensions of Parking—Fourth Addition, or subsequent editions, and the provisions of this chapter and such construction shall be completed and approved by the building inspector and the city engineer before actual use of the property as a parking lot. Plans for the development of any parking lot must be submitted in triplicate to the building inspector, prepared at scale indicating existing and proposed grades, drainage, water mains and sewers, surfacing and base materials to be used and the general layout of the proposed parking lot. The plans are to be prepared in a presentable form by person or persons competent in such work. No land shall be used for parking purposes until approved by the building inspector; provided whenever the lot does not meet the specifications set forth in this chapter, the building inspector shall give notice to the property owner to repair the same within a specified time, and if such repairs are not made in accordance with such notice, he shall obtain the necessary court warrants and enforce the chapter and shall order the lot closed forthwith; and such land or lot shall not be used for parking until repairs are made and approved by the building inspector.

(2)

All such parking lots, parking spaces, driveways, approaches or aprons shall be hard-surfaced with a pavement having an asphalt or concrete binder which shall be equivalent to or better than a double seal bituminous penetration surfacing on a gravel base, and shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area. No surface water from such parking area shall be permitted to drain into adjoining private property or across a public sidewalk. All plans must be approved by the city engineer. Such parking lots shall be continuously maintained with a hard, smooth, dustproof surface at all times. In the case of residential driveways and driveway approaches, alternative materials may be utilized. If materials other than asphalt or concrete binder pavement (e.g., brick pavers) are utilized for a driveway, or driveway approach, within a street right-of-way, those materials shall meet city engineering strength specifications for at least a six-inch depth concrete surface. If the city requires access to any utilities in the right-of-way area, the city will not be obligated to incur the costs of the approach surface replacement other than the normal costs for asphalt or concrete binder pavement (Refer also to section 66-39).

(3)

Adequate lighting facilities shall be provided and so arranged as to reflect light away from any adjacent residential areas. When the parking lot is closed at night so that no vehicles may enter or leave, then no lighting need be maintained. No sign shall be illuminated by other than electrical means and electrical devices and wiring shall be installed in accordance with the requirements of the National Electrical Code and this Code. Illumination shall be white and indirect with the lighting source concealed.

(4)

Side yards shall be maintained for a space of not less than ten feet between the side lot lines of adjoining residential lots and the parking area. The depth of the front yard or setback line from the street as established for houses in any block in any given residential area shall be continued and made applicable to parking space in such residential area and it shall be unlawful to use the space between such setback line and the sidewalk for the parking of motor vehicles; provided, however, that the barrier specified in subsection (5) of this section shall be located on the setback line as required in this section.

(5)

Whenever the parking area adjoins residential property and/or a residential street or alley, an ornamental, uniformly colored solid masonry or brick wall not less than four feet or more than six feet in height shall be erected and maintained between the required yard space and the area to be used for parking. Dense shrubbery in lieu of a wall may be permitted by the building inspector. Location of the wall or dense shrubbery facing a residential street shall be determined with due regard to side yard and building setback requirements adjoining the commercial district as may be required in the particular residential zoning district. Bumper guards of a type described in subsection (6) of this section shall be provided to prevent vehicles striking the wall or shrubbery.

(6)

In all cases where such parking lots abut public sidewalks, continuous concrete curbing, at least six inches high, shall be placed so that a motor vehicle cannot be driven or parked with any part thereof extending within two feet of a public sidewalk. In all cases where necessary for the protection of the public and the adjoining properties, streets and sidewalks, curbs as described above shall be installed.

(7)

Adequate means of ingress and egress shall be provided and shown on plan submitted which must meet the approval of the director of public safety and the city engineer. No entrance or exit from any parking lot shall be nearer than 20 feet to any residentially zoned district.

(8)

Where street setback lines are provided by ordinance or established through the adoption of a major street plan, such setback lines shall be maintained.

(9)

All land between the boundaries of the parking lot and the barriers referred to in this section, as well as the surface of the parking area, shall be kept free from tall grass, weeds, rubbish, refuse and debris, and shall be landscaped to conform with the neighborhood.

(10)

No repairs or service to vehicles and no display of vehicles for purpose of sale shall be carried on or permitted on the premises.

(11)

No building or structures shall be hereafter built or permitted, except necessary buildings for attendants of not more than 50 square feet each in area and not more than 15 feet in height.

(12)

Any sign erected or maintained on the premises shall comply with the requirements of chapter 58 of this Code, and any other city sign regulations.

(13)

It shall be unlawful to park or store motor vehicles for continuous periods of more than 48 hours.

(14)

A parking lot may not be used for the storage or parking of trailers, mobile homes, travel trailers, boats, boat trailers, junked or wrecked vehicles of any type, or used as a storage area for industrial equipment or material, or used as a dump for refuse of any description.

(Code 1980, § 5.94; Ord. No. 300, § 2, 1-13-97; Ord. No. 357, § III, 8-15-05; Ord. No. 407, § VII, 7-15-13)

On the same premises with every building, structure or part thereof, erected and occupied for storage, goods display, department store, market, hospital, laundry, dry cleaning or other uses similarly involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services in order to avoid undue interference with public use of the streets and alleys. Such loading and unloading space, unless otherwise adequately provided for, shall be an area 12 feet by 50 feet, with a 15-foot height clearance, and shall be provided according to the following schedule:

No loading space shall be located closer than 50 feet from any residentially zoned district unless located within a completely enclosed building or enclosed on all sides facing a residential zoning district by a solid masonry wall or ornamental fence of a type approved by the board of zoning appeals not less than six feet in height.

(Code 1980, § 5.95)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Fence means any artificial partition, structure or gate erected as a dividing marker, barrier or enclosure.

Front lot line means the same as defined under section 90-3.

Front setback line means the line formed at the outer surface of a building where the building wall meets the surface ground level, not to be construed to be the minimum required front yard setback established under section 90-351, and such line shall extend the width of such lot parallel to the front lot line.

Landscaping means the treatment of an area of land or part of site design with plant materials, earth, rocks and water for the purpose of enhancing property, screening or separating land uses, or lessening noise levels.

Motor vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway or street which is self-propelled by an internal combustion engine or electric motor or designed or intended to be drawn by a self-propelled vehicle.

Parking area means that portion of a lot located between the front lot line and the front setback line, and including semicircular drive but excluding driveway which is used for motor vehicle parking.

(Code 1980, § 5.280)

Cross reference— Definitions generally, § 1-2.

It shall be unlawful for the owner or person in possession of any motor vehicle or for any owner or tenant of any property zoned R-1A, R-1B, R-2, R-T or RO-1 district located within the city to allow or to permit the parking of any motor vehicle in the area between the front lot line and the front setback line of any such lot except upon the parking area.

(Code 1980, § 5.281)

(a)

It shall be unlawful for any owner, tenant or occupant of any residential lot to allow the use of a parking area for motor vehicles which, including the driveway and garage apron, exceeds 30 percent in coverage of the area formed between the front lot line and the front setback line, as defined, for any lot. Such permitted parking area may consist of the driveway and garage apron, a semicircular drive and/or a separate parking area having up to a maximum of 360 square feet for a two-vehicle parking area, and 180 square feet for a one-vehicle parking area. Semicircular driveways shall not be permitted on lots of less than 60 feet in width, nor may more than two parking spaces be permitted separate from the driveway or garage apron. The semicircular driveways shall not exceed ten feet in width. The above allowance does not exempt a property owner from compliance with requirements of section 90-156(4) specifying an enclosed two-car garage on site for each dwelling unit in a R-1A, R-1B or R-2 district.

(b)

Only private passenger automobiles with current year license plates and registration may be parked in any parking area, and further, such automobile may not be parked longer than 12 hours in any 24-hour period. The term "private passenger automobile" specifically does not include "junk automobiles or motor vehicles" as defined at section 90-6, and vans, motor homes, travel homes, campers, trailers, boats, boat trailers, trucks, including pickup trucks and other types of commercial, industrial, recreational or agricultural vehicles, trailers or buses. (See section 90-26.)

(Code 1980, § 5.282)

No parking area shall be constructed pursuant to this division until permit has been issued by building inspector. All parking areas and driveways proposed to be located between the front lot line and the front setback line shall be reviewed by the building inspector to permit a determination that all requirements of this Code are complied with and that environmental concerns are considered regarding surrounding properties. More specifically, all parking areas and driveways located in the area between the front lot line and the front setback line shall comply with general intent of the following submittal requirements and design and development standards:

(1)

Application requirements. Drawings and plans shall be submitted at a scale sufficient to illustrate clearly the design for which approval is sought. Such plans shall show the following information:

a.

Existing conditions, topography where appropriate, trees and other natural features, all structures and uses on the subject lot and the immediately adjacent lots, public street right-of-way, sidewalks, and any public and private easements and restrictions.

b.

Proposed parking area, driveways, topographic changes, if any, landscaping and natural features retained, trees that are to be removed or to be retained, and sufficient other information to demonstrate the proposed development.

c.

Architectural elevations of all structural improvements such as walls, fences, and railroad tie retaining features, and other ornamental or decorative landscape material to the parking area.

(2)

In carrying out the purpose of this section, the building inspector shall consider the following standards in reviewing the plans, sketches and other documents in each case. These standards are intended to provide a frame of reference for the applicant in the development of the parking area site plan, as well as a method of review for the building inspector. These standards shall not be regarded as inflexible requirements, nor are they intended to discourage creativity, invention and innovation. To assure compliance with approved development plans a performance guarantee may be required by the building inspector pursuant to section 90-73.

a.

Landscaping and screening. Landscaping shall be required for all new parking area development. Such landscaping shall be completed within six months after the issuance of the permit unless an extension of time, not to exceed six months, is authorized by the building inspector owing to seasonal weather conditions. Such landscaping shall thereafter be maintained with permanent plant materials in healthy condition to enhance and complement the parking area on the site and to provide a screen to abutting properties. Existing landscape shall be preserved as practicable by minimizing tree and soil removal and any grade changes shall be in keeping with the general appearance of neighboring developed areas.

Fences (opaque or of an open post and rail type), hedges and ornamental masonry walls used to screen parking areas shall not exceed three feet in height, nor be located closer than three feet from any public sidewalk. The intent of this landscaping and fencing is to create a suitable yearround, attractive screen of the parking area from view from public rights-of-way and adjacent properties.

b.

Driveways, parking areas; circulation and surfacing. For vehicular circulation and parking areas, consideration shall be given to location and number of curb cuts and access points, and arrangement of parking areas that are safe and convenient and, insofar as practicable, do not detract from the design of the building on the lot and the neighboring properties. All driveways and parking areas shall be either hard-surfaced with a pavement having an asphalt or concrete binder as provided in section 90-159(2), or be provided with brick or other paving stone material set in concrete or compacted sand base.

c.

Surface water drainage. Special attention shall be given to proper site drainage so that removal of surface waters will not adversely affect neighboring properties or the public stormwater drainage system.

(Code 1980, § 5.283)

Appeals and reviews under this division may be taken to the board of zoning appeals in accordance with provisions of article III of this chapter.

(Code 1980, § 5.284)