The purpose of this article is to ensure the reasonable provision of off-street parking and loading facilities within the city. The requirements contained herein are minimum standards only, and are intended to protect and promote the health, safety and welfare of the present and future inhabitants of the city.

(Code 1981, § 8-5-191)

(a)

Curb breaks shall not be more than 20 feet for one-way entrances, 24 feet for two-way entrances or shared driveways, or 36 feet for entrances with three lanes, unless otherwise permitted by the city community services department. Aprons may be flared up to an additional two feet on either side.

(b)

Sidewalks shall be clearly continued across any intervening driveway. Such effect may be accomplished by continuing sidewalk paving materials, the use of brick pavers, paint, or any other similar high contrast material (examples are on file with planning commission staff). Other than on driveways serving single-family detached or two-family dwellings, a corresponding interior sign or painted bar or the driveway shall be provided adjacent to the sidewalk paving as it intersects the driveway which shall communicate that vehicles must stop or yield for intervening sidewalks.

(c)

In no case shall there be less than 50 feet from the closest sides of any two-driveway curblines.

(d)

Curb breaks shall be located at least 25 feet from the nearest intersection of two curblines as measured along one of the curblines.

(e)

Business establishments on contiguous lots are encouraged to consolidate entrance and exit points.

(f)

Suitable provisions, including a five-foot-wide planted buffer strip between the right-of-way and parking area shall be made to prevent entrance or exit from other than at designated entrance or exit points.

(Code 1981, § 8-5-192; Ord. No. 2020-16, § 1, 7-21-2020)

Off-street parking and loading spaces and their respective maneuvering areas shall be set back not less than five feet from all property lines, except where those spaces and areas for adjacent properties abut, or are in contiguous use, there need not be any setback.

(Code 1981, § 8-5-193)

All off-street parking and loading spaces shall be provided with adequate off-street maneuvering areas.

(Code 1981, § 8-5-194)

Editor's note— Ord. No. 2016-33, § 1, adopted January 10, 2017, repealed § 93-23-5, which pertained to surfacing and maintenance and derived from the 1981 Code, § 8-5-195; and Ord. No. 2013-08, § 4, adopted July 26, 2013.

No open area in an off-street parking area shall be encroached upon by buildings, storage or any other use; nor shall the number of parking spaces and/or off-street loading spaces be reduced except upon approval of the board of appeals, and then only after proof that, by reason of diminution in floor area, seating area, number of employees or change in other factors controlling the regulation of the number of parking spaces, the proposed reduction is reasonable and consistent with the intent of this chapter.

(Code 1981, § 8-5-196)

In the case of mixed uses, the total requirements for off-street parking and off-street loading space shall be the sum of the requirements of the various uses computed separately as specified herein. Off-street parking and off-street loading space for one use shall not be considered as providing the required off-street parking or off-street loading space for any other use.

(Code 1981, § 8-5-197)

In the case of a use not specifically mentioned herein, the requirements for off-street parkingspace and off-street loading space for a use which is so mentioned, and to which that use is most similar, shall apply.

(Code 1981, § 8-5-198)

No certificate of occupancy shall be issued for any building or group of buildings unless and until all required off-street parking and loading facilities are in place and ready to use.

(Code 1981, § 8-5-199)

At the time of the erection of any building or structure hereinafter listed, or at the time any such building or structure is enlarged or increased in capacity by adding dwelling units, guestrooms, floor area, seats, beds, members or employees, there shall be provided for such new construction, enlargement or increased capacity only, off-street automobile parking space and off-street loading spaces in accordance with the minimum requirements established for each zone. The maximum number of off-street automobile parking spaces shall be 110 percent of the requirement for uses proposed at the time of development approval.

(Code 1981, § 8-5-200; Ord. No. 2013-08, § 5, 7-16-2013)

(a)

Of the total number of parking spaces required for any nonresidential use having 20 or more off-street parking spaces, a maximum of 70 percent shall be "full-size" as described in the table below, and a minimum of 30 percent shall be "compact size" as described in the table below:

Minimum Full-Size Space Dimensions

Minimum Compact-Size Parking Space
Dimensions

(b)

There shall be adequate interior passageways, drives and maneuver areas, as determined by the building official, to accommodate each space and to connect each space with a public street.

(c)

In addition to the above-stated requirements, parking space for automobiles of the physically handicapped shall be provided in accordance with the following standards.

(1)

Access to buildings generally.

a.

Accessibility to such building shall be provided from rights-of-way in parking areas by means of a pathway leading to at least one entrance generally used by the public. Such pathway shall have been cleared of all obstructions relating to construction activity, prior to the opening of the building to the general public. Where curbs exist along such pathway, as between a parking lot surface and a sidewalk surface, inclined curb approaches or curb cuts having a gradient of not more than one foot in 12 feet and a width of not less than four feet shall be provided for access by wheelchairs.

b.

A parking lot servicing each entrance pathway shall have a number of level parking spaces as set forth in the following table, identified by abovegrade signs as being reserved for physically handicapped persons. Each parking space so reserved shall be not less than 12 feet in width.

Parking Spaces for Handicapped

(2)

Location. Parking spaces for the physically handicapped shall be located as close as possible to elevators, ramps, walkways and entrances.

(Code 1981, § 8-5-201; Ord. No. 75-3, 4-1-1975; Ord. No. 86-9, 10-21-1986; Ord. No. 2013-08, § 6, 7-16-2013)

If the required off-street parking spaces cannot reasonably be provided on the same lot as the building it serves, the board of appeals may permit that space to be provided on other off-street property. That property shall be within 400 feet of the premises to which it is appurtenant, as measured along the nearest pedestrian walkway. If the property providing the additional parking contains more than ten parking spaces, the parking area of that property shall be brought into compliance with the requirements of section 93-23-18 and chapter 93, article 29.

(Code 1981, § 8-5-202; Ord. No. 2020-4, § 11, 1-7-2020)

No part of an off-street parking area required for any building or use for the purpose of complying with the provisions of this chapter shall be included as a part of an off-street parking area similarly required for another building or use unless the type of structure indicates that the periods of usage of that structure will not be simultaneous with each other, as determined by the board of appeals.

(Code 1981, § 8-5-203)

Each off-street loading space shall have minimum dimensions of 15 feet in height, 15 feet in width, and 60 feet in length. However, upon sufficient demonstration in a specific instance that a particular loading space will be used exclusively by shorter or lower trucks, the board of appeals may reduce the minimum length or height.

(Code 1981, § 8-5-204)

All required off-street loading spaces shall be located on the same lot as the building which they are intended to serve, or on an adjacent lot when shared with the use occupying the lot.

(Code 1981, § 8-5-205)

There shall be no drive-in establishments in which customers are served while located on a public right-of-way. In the case of a drive-in establishment where customers are served while occupying automobiles parked off a public right-of-way, that establishment shall provide on the premises sufficient parking space which, in the judgment of the building official, the chief of police and the city engineer will accommodate the largest number of automobiles being served or waiting to be served at any one time. This required space shall be appropriately arranged for the purpose and in no case shall it be less than the minimum space as specified in this chapter.

(Code 1981, § 8-5-206)

The schedule of requirements for off-street parking space and off-street loading space applicable to newly erected or altered structures shall be a continuing obligation of the owner of the real estate on which any such structure is located, so long as the structure is in existence and its use requiring vehicle parking or vehicle loading facilities continues, and it shall be unlawful for an owner of any building affected by this chapter to discontinue, change or dispense with, or to cause the discontinuance or change of the required vehicle parking or loading space apart from the discontinuance, sale or transfer of the structure, without establishing alternative vehicle parking or loading space which meets the requirements of and is in compliance with this chapter, or for any person, firm or corporation to use that building without acquiring the land for vehicle parking or loading space which meets the requirements of and is in compliance with this chapter.

(Code 1981, § 8-5-207)

(a)

Intent. The objective of this section is to provide space for the use of landscape beautification and natural plant growth for developments where off-street parking and open lot sales, displays, and service areas are provided. The intent is to improve and protect the appearance, environmental and ecological condition, character, design, and value of the total urban area, thereby promoting the public health, safety, and welfare.

(b)

Areas subject to the requirements of this section. Vehicular use areas, except those less than ten parking spaces, parking garages, and public rights-of-way shall conform to the minimum landscaping requirements hereinafter provided.

(c)

Procedure for the development of vehicular use areas.

(1)

Permit requirements. No building grading, or tree removal permit shall be issued until approval of a required landscape plan for vehicular use areas. Prior to submission of building plans, the requirements of this section must be met. In cases where a vehicular use area is located on a lot other than that of the principal building, building plans may be submitted for review.

(2)

Submission of a required survey and proposed landscape plan.

a.

The applicant or his authorized agent shall submit to the planning and zoning department three copies of each survey and landscape plan at a scale no greater than one inch equals 50 feet. The proposed landscaping may be superimposed on the proposed site plan or on a separate sheet, provided all drawing are the same scale.

b.

Each survey and landscape plan shall include the following:

1.

Name, signature, address, and telephone number of property owner, surveyor, and or designer;

2.

North arrow and scale;

3.

All dimensions; and

4.

All required information and data listed on drawings.

(3)

Survey. The required survey shall include the following information:

a.

Legal description of the property.

b.

All trees and survey data as defined in this chapter.

c.

Existing structures, buildings, parking spaces, accessways, and public streets.

d.

Aboveground and belowground utility lines and easements.

e.

Existing natural features and topography at one-foot contour intervals. In areas where slopes are 20 percent or greater, a five-foot contour interval may be substituted.

(4)

Landscape plan. The proposed landscape plan shall include the following information:

a.

All trees, natural features, man-made appurtenances and structures to be retained upon the site and all topographic changes.

b.

All proposed landscaping improvements and planting or landscaping areas identified. The grade, spacing, size, and name of proposed landscape materials shall be listed on the plan.

c.

Comments regarding site preparation, tree preservation, methods of installation, and methods of maintenance shall be listed on the plan in accordance with chapter 93, article 29.

d.

Required plans shall identify all vehicular use areas, aisles, driveways, sidewalks, wheel stops, and or curbs and other vehicular use controls. The location of the curb cuts, median openings on abutting streets, lighting, underground irrigation system, hose bibs, proposed planting areas, decorative and or screening walls, and related buildings shall be shown.

(d)

Landscape requirements. All vehicular use areas subject to these regulations shall be required to have the following maintained perimeter and interior landscaped areas:

(1)

Tree requirements. Interior and exterior tree plantings are to be provided in accordance with chapter 93, article 29. Trees must be planted in interior portions of parking lots so that no parking space is more than 50 feet from a parking lot tree.

(2)

Perimeter landscape requirements.

a.

All exterior perimeters of all vehicular use areas shall have a perimeter landscaped area with no horizontal dimension less than five feet. A decorative masonry wall, earth berm, natural landscaping screen in accordance with the buffer requirements of chapter 93, article 29 and or combinations of the above shall be installed in such a manner as to screen the vehicular use area from adjacent properties or public rights-of-way. Screening areas shall be maintained at a minimum height of three feet.

b.

Where other provisions of this chapter required a six-foot screening wall of masonry construction, such screening wall may totally or in part be substituted with a natural landscape screen and or earth berm upon approval of the planning commission. Such natural screening shall be at least three feet in height at time of planting and maintained at a height of five feet with a visibility obstruction of at least 75 percent.

1.

i.

When abutting a public street right-of-way, landscaped areas along a public street shall have a minimum dimension of five feet and a minimum average dimension often feet from the right-of-way line to the vehicular use area.

ii.

In addition, the requirements of section 93-2-7 shall be met.

2.

When abutting adjacent properties. Required perimeter landscaped areas which would abut adjacent, existing nonresidential properties may be allocated as additional interior or other additional perimeter landscaping.

(3)

Permitted modification to the landscaping requirements.

a.

In cases where the landscaped area requirements of subsection (d)(2) may exceed 20 percent of the vehicular use area, the applicant may be allowed to reduce dimensions of landscaped areas other than those abutting a public street right-of-way or adjacent to the residential uses or zones to equal a 20 percent maximum provided a method of vegetative and or masonry screening is maintained and is approved by the planning and zoning department.

b.

In instances where proposed innovative designs, landscaping techniques, and site amenities are believed to fulfill the intent of subsection (a) above, the strict requirements of this section may be waived by the planning commission.

c.

In instances where healthy plant material exists, the requirements outlined in subsections (d)(2) of this section may be adjusted thereby allowing credit for the preservation of existing plant material. The planning commission may make such adjustments so long as the intent of this section is preserved.

d.

Open lot sales of vehicles may be excluded from the perimeter screening requirements adjacent to public rights-of-way by the planning commission, provided the tree requirements and area requirements are met.

(4)

Landscape installation requirements. All landscaping shall be installed in accordance with accepted good planting procedures.

a.

New plant materials.

1.

All separate landscaped areas shall have a minimum variety of two living plant materials other than trees; total landscaping areas required shall include a minimum variety of three landscape materials other than trees.

2.

Paving (other than walks) and artificial plants shall not be permitted within landscaping areas.

3.

Trees, hedges, and shrubs must meet the requirements of chapter 93, article 29.

4.

Lawn grass and ground covers. Grass may be sodded, plugged, sprigged, or seeded except that solid sod shall be used in swales or other areas subject to erosion. In areas where plant materials other than solid sod or grass is used, a fast-growing grass seed shall be sown for immediate effect and protection until coverage is otherwise achieved. Grass sod shall be clean and reasonably free of weeds and noxious pests or disease. Ground covers which present a finished appearance and reasonable complete coverage at time of planting may be used in lieu of grass sod.

b.

Existing plant materials. Existing living plant materials to be preserved shall be in accordance with of this chapter and chapter 93, article 29.

c.

Earthwork. Earth berms shall be of variable height and slope. Swales and ponds shall be permitted for onsite retention of stormwater provided they are approved by the city's planning and zoning department.

d.

Encroachment. Landscaped areas, walls, structures, and walks shall require appropriate protection from vehicular encroachment by utilizing wheel stops, curbs, posts, wood, brick-work, and/or other devices. Placement of these devices shall be located at least two and one half feet from walks, walks, and structures and may be placed one foot from landscaped areas to prevent a vehicular overhang of no more than one and one half feet of landscaping area may be counted as part of the required depth of each parking space.

e.

Maintenance. The owner or his agent shall be responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat, and orderly appearance and shall be kept free from refuse and debris. The owner shall replace all landscaped materials required if, for any reason, they die or are severely damaged within one year of the final approval of the installation. The owner is thereafter responsible to maintain the landscaping in a healthy manner.

f.

Planting bed. The planting bed for all landscaping materials shall be free of weeds, debris, and noxious material and shall consist of a healthy plant growth medium. The planting bed soil shall provide adequate support, drainage, and nutrients for the plants and thus may require the incorporation of sand, peat, and or topsoil into the soil. Such planting soil shall be placed throughout the planting hole for each plant, and this hole shall be at least twice as wide as the width of the plant ball and one and one half as deep as the depth of the plant ball.

(e)

City review of landscape plan. The planning and zoning department shall approve or reject the required landscape plan. The decision of the planning and zoning department shall be deemed final administrative action, but may be appealed to the board of appeals provided such appeal is made in writing at least 30 days prior to the next regular board of appeals meeting. Developments which require site plan approval by the planning commission shall be reviewed and approved by the planning commission for compliance to this section.

(f)

Certification of compliance. Upon completion of the landscape improvements, the site shall be inspected for compliance to the approved landscape plant. A certificate of compliance must be issued before a certificate of occupancy can be issued for any related structures. When occupancy of a related building is desired prior to completion of the required landscaping, a temporary certificate of occupancy may be issued if a financial guarantee in the amount equal to 100 percent of the cost for landscaping improvements is provided and acceptable in form to the city attorney.

(Code 1981, § 8-5-208; Ord. No. 89-3, § 4, 3-7-1989; Ord. No. 2020-4, § 12, 1-7-2020)