Harristown City Zoning Code
ARTICLE IX
Off-Street Parking and Loading
§ 40-9-1 Scope of regulations.
The off-street parking and off-street loading provisions of this chapter shall apply as follows:
(A)
Required parking. Accessory off-street parking and off-street loading facilities shall be provided as required by the regulations of this article for all buildings and structures erected and all uses of land established in each district after the effective date of this chapter. However, where a building permit has been issued prior to the effective date of this chapter and, provided that, construction is begun within six months of such effective date and diligently prosecuted to completion, parking and loading facilities in the amounts required for the issuance of said building permit may be provided in lieu of any different amounts required by this chapter.
(B)
Increased intensity of use. When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. However, no building or structure lawfully erected or use lawfully established prior to the effective date of this chapter shall be required to provide such additional parking or loading facilities unless and until the aggregate increase in units of measurement shall equal not less than 15% of the units of measurement existing upon the effective date of this chapter, in which event parking or loading facilities as required herein shall be provided for the total increase; provided, however, that in the case of the expansion or alteration of residential buildings, required parking or loading facilities shall be provided on the basis of the total required units of measurement for the entire capacity of the buildings.
(C)
New uses. Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the building or structure was erected prior to the effective date of this chapter, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those of the existing use if the latter were subject to the parking and loading provisions of this chapter.
§ 40-9-2 Existing parking facilities.
Accessory off-street parking facilities in existence on the effective date of this chapter and located on the same lot as the building or use served shall not hereafter be reduced below (or if already less than shall not be further reduced below) the requirements for a similar new building or use under the provisions of this chapter.
§ 40-9-3 Permissive parking and loading facilities.
Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities (on the same lot as the establishment it serves) to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, and operation of such facilities are adhered to.
§ 40-9-4 Damage or destruction.
[Amended by Ord. No. 7-24-95B]
(A)
Structure damage and parking. For any conforming or legally nonconforming building or use which is in existence on the effective date of this chapter, which subsequently thereto is damaged or destroyed by fire, collapse, explosion, or other cause, and which is reconstructed, reestablished, or repaired, off-street parking or loading facilities need not be provided, except that parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this chapter for equivalent new uses or construction.
(D)
Work done without permit. Should any work for which a permit is required be commenced or be done before such permit is issued and obtained, the required permit may nonetheless be issued for such and subsequent work; however, the amount of the required fee as provided herein for all work, both that commenced before and that proposed to be done after said permit is issued shall be double that otherwise so provided; and issuance of such permit shall not, and shall not be, and shall not be construed to be, an excuse from, or waiver of, or defense to or absolution from any penalty, liability or action otherwise provided for in the Code of Ordinances or this chapter but shall be cumulative of and in addition thereto.
§ 40-9-5 Control of off-street facilities.
In cases where parking facilities are permitted on land other than the zoning lot on which the building or use served is located, such facilities shall be in the same possession as the lot occupied by the building or use to which the parking facilities are accessory. Such possession may be either by deed or long-term lease, the term of such lease to be determined by the Board of Trustees. The owner of the land on which the parking facilities are to be located shall be bound by covenants, filed on record in the office of the Recorder of Deeds and the Village Clerk, requiring such owner, his or her heirs and assignees to maintain the required number of parking facilities for the duration of the use served or of the said lease, whichever shall terminate sooner.
§ 40-9-6 Off-street parking.
Off-street parking facilities for motor vehicles shall be provided in accordance with regulations set forth hereinafter.
(A)
Use. Accessory off-street parking facilities required as accessory to uses listed herein shall be solely for the parking of vehicles of patrons, occupants, or employees. (When bus transportation is provided for patrons, occupants or employees of a specific establishment, additional open or enclosed off-street parking spaces for each bus to be parked on the premises shall be provided in accordance with regulations hereafter for access, in yards, design and maintenance and area in accordance with size of buses.)
(B)
Computation. When determination of the number of off-street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of 1/2 or less may be disregarded while a fraction in excess of 1/2 shall be counted as one parking space.
(C)
Collective provision. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces, in relation to the use served, are adhered to. Further, no parking spaces or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the Board of Trustees in accordance with procedures set forth herein in the variance section of this chapter.
(D)
Area. A required off-street parking space shall be at least 10 feet in width and at least 20 feet in length, exclusive of access drives or aisles, ramps, columns, or office or work areas. Enclosed and covered parking spaces shall have a vertical clearance of at least seven feet.
(E)
Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement. No driveway across public property at the right-of-way line shall exceed a width of 25 feet.
(F)
In yards. Off-street parking spaces, open to the sky, may be located in any yard except a front yard except as specified in § 40-4-4(A)(4). Corner lots shall be considered to have two front yards for purposes of parking regulations.
(G)
Design and maintenance.
(1)
Open, covered and enclosed parking spaces. Accessory parking spaces may be open to the sky, covered by roofing, or enclosed in a building.
(2)
Surfacing. All open off-street parking areas containing four or more parking spaces shall be improved with a compacted base, and a permanent wearing surface with a compacted base, and a permanent wearing surface as approved by the designated Village Engineer. Further, these parking areas shall be graded, tiled, and drained so as to dispose of all surface water without causing a nuisance to surrounding property owners.
(3)
Screening and landscaping. All open or covered parking areas containing more than four parking spaces, located less than 40 feet from a property line, shall be effectively screened on each side adjoining or fronting on any property situated in a residential district or any institutional premises by a uniformly finished wall, fence or densely planted compact hedge, not less than five feet in height, maintained in good condition. Chain-link (except with 100% slatting), any form of barbed wired, or other wire or mesh fences shall not be considered to be adequate screening.
(4)
Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties in such a way as not to create a nuisance, and in a parking area containing 40 or more parking spaces such lighting shall be extinguished 1/2 hour after the close of business except as may otherwise be permitted or required by the Board of Trustees for maintaining illumination with less candlepower after the time specified above.
(5)
Repair and service. No commercial motor vehicle repair work or service of any kind shall be permitted in conjunction with any parking facilities. No gasoline or motor oil shall be sold in conjunction with any accessory parking facilities unless such accessory parking facilities are enclosed in a building, in which case gasoline and motor oil may be sold within such building to the users of said accessory parking facilities, provided that no sign advertising the sale of same is visible from outside; and provided, further, that all gasoline pumps shall be effectively screened from view from the public way.
(H)
Location. All parking spaces required to serve buildings or uses erected or established after the effective date of this chapter shall be located on the same lot as the building or use served. Buildings or uses existing on the effective date of this chapter which are subsequently altered or enlarged so as to require the provision of parking spaces under this chapter, or new uses established in any business district, may be served by parking facilities located on land other than the lot on which the building or use served is located, provided such facilities are within 300 feet walking distance of a main entrance to the use served, and provided that a special parking lot permit is obtained, as required under Article V, § 40-5-2(A)(3).
(I)
Employee parking. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time.
(J)
Maximum number of spaces. The total number of accessory parking spaces provided for a single-family, two-family, or multiple-family dwelling shall not exceed that required by this chapter for such use or for an equivalent new use by more than 50% or four spaces, whichever number is greater.
(K)
Required spaces. Off-street parking spaces accessory to designated uses shall be provided as follows:
(1)
Dwelling and lodging uses.
(a)
Hotels and apartment hotels: at least one parking space for each three separate lodging rooms and one parking space for each dwelling unit in an apartment hotel.
(b)
Lodging houses: at least two parking spaces, plus one parking space for each three lodging rooms.
(c)
Motels, tourist homes, or tourist courts: at least one parking space for each dwelling unit and one parking space for each sleeping room.
(d)
Multiple-family dwelling: at least two parking spaces for each dwelling unit.
(e)
Single-family dwellings: at least two parking spaces for each dwelling, plus one additional parking space for each two roomers or lodgers accommodated, but no more than four parking spaces for each single-family dwelling.
(f)
Tourist camps or parks: automobile parking spaces equal in number to the number of trailers permitted shall be provided.
(g)
Two-family dwellings: two parking spaces for each dwelling unit.
(2)
School, institution, auditorium, or other places of assembly uses.
(a)
Colleges, junior colleges, and universities: one parking space shall be provided for each six students, based upon the maximum number of students that can be accommodated in accordance with design capacity.
(b)
Convalescent homes, nursing homes, rest homes, institutions for the care of the aged and for children, and sanitariums: one parking space shall be provided for each four beds, plus one parking space for each two employees (other than staff doctors), plus one parking space for each doctor assigned to the staff.
(c)
Fraternities, sororities, and dormitories in conjunction with colleges, junior colleges, and universities: one parking space shall be provided for each three active members or dormitory residents, plus one parking space for the manager.
(d)
Gymnasiums, stadiums, and grandstands: one parking space shall be provided for each six seats or for each 108 inches of seating space.
(e)
Hospitals: at least one parking space for each two hospital beds, plus one parking space for each two employees other than doctors, plus one parking space for each doctor assigned to the staff.
(f)
Libraries and museums: at least one parking space for each 800 square feet of floor area.
(g)
Medical and dental clinics: at least three parking spaces for each examining or treatment room, plus one for each doctor and employee in the building.
(h)
Meeting halls, convention halls, and exhibition halls: not less than the number of parking spaces equal to 30% of the maximum number of people that can be accommodated in accordance with design capacity.
(i)
Private clubs and lodges: at least one parking space for each lodging room and one parking space for each six seats in accordance with design capacity of the main meeting room.
(j)
Schools, commercial or trade, and music, dance, or business: one parking space shall be provided for each two employees, plus one space for each five students, based on the maximum number of students that can be accommodated in accordance with design capacity.
(k)
Schools, high, public or private: at least one parking space for each seven students in accordance with design capacity of the building.
(l)
School and institutional auditoriums: at least one parking space for each two persons employed on the premises, and an additional parking space for each six seats, or for each 108 inches of seating space in the main auditorium or assembly hall.
(m)
Schools, nursery, elementary or junior high, public or private: at least one parking space for each three faculty members and other full-time employees.
(n)
Auditoriums (other than incidental to a school), arenas, race tracks of all kinds, or other places of assembly: parking spaces equal in number to 30% of the capacity in persons shall be provided.
(3)
Recreational uses: commercial or noncommercial.
(a)
Bowling alleys: at least seven parking spaces for each alley, plus such additional spaces as may be required herein for affiliated uses such as restaurants and the like.
(b)
Health salons, swimming pools, skating rinks, and dancehalls, commercial: at least one parking space for each three persons, based upon the maximum number of persons that can be accommodated at the same time in accordance with design capacity, and one parking space for each three employees.
(c)
Parks, recreation areas, or community centers, private, semipublic, or public: at least one parking space shall be provided for each three employees, plus spaces in adequate number as determined by the Board of Trustees to serve the visiting public.
(4)
Business, commercial and manufacturing uses.
(a)
All business and commercial establishments, except those specified hereafter: at least one parking space for each 300 square feet of floor area.
(b)
Auto laundries: one parking space shall be provided for each three employees, plus one space for the owner or manager and, in addition, reservoir parking spaces (equal in number to five times the maximum capacity of the auto laundry) for automobiles awaiting entrance to the auto laundry shall be provided. "Maximum capacity," in this instance, shall mean the greatest number possible of automobiles undergoing some phase of laundering at the same time.
(c)
Automobile service stations: at least one parking space for each employee, plus two for each service stall.
(d)
Banks: at least one parking space for each 300 square feet of floor area.
(e)
Business, professional and administration or service office buildings: at least one parking space for each two persons employed based upon the designed maximum employee capacity of the building.
(f)
Cartage, express, parcel delivery and freight terminal establishments: at least one parking space for each two employees, as related to the working period when the maximum number of persons are employed on the premises, and one parking space for each vehicle maintained on the premises.
(g)
Establishments handling the sale and consumption on the premises of food and refreshment: at least one parking space for each three persons based upon the maximum number of persons that can be accommodated at the same time in accordance with design capacity.
(h)
Furniture and appliance stores, motor vehicle sales, wholesale stores, stores for repair of household equipment of furniture: at least one parking space for each 400 square feet of floor area.
(i)
Production, processing, assembly, cleaning, servicing, testing, or repairing of materials, goods, or products: at least one parking space for each three employees as related to the working period when the maximum number of persons are employed on the premises.
(j)
Theaters: at least one parking space for each six seats up to 400 seats, plus one parking space for each four seats over 400.
(k)
Undertaking establishments and funeral parlors: at least eight parking spaces for each chapel or parlor, plus one parking space for each funeral vehicle maintained on the premises.
(l)
Warehouse, storage, wholesale and mail order establishments: at least one parking space for each two employees as related to the working period when the maximum number of persons are employed on the premises.
(5)
Miscellaneous uses.
(a)
Planned unit developments: parking spaces shall be provided on the basis of the required spaces for each individual use.
(b)
Public utility and public service uses: at least one parking space for each two employees, plus spaces in adequate number as determined by the Board of Trustees to serve the visiting public.
§ 40-9-7 Off-street loading requirements.
There shall be provided at the time any building is erected or structurally altered off-street loading spaces, logically and conveniently located for bulk pickups and deliveries, of a size and number as to accommodate the delivery vehicles expected, and accessible to such vehicles even when off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. Where off-street loading spaces are provided they shall be built in accordance with the following regulations:
(A)
All loading spaces shall be located on the same zoning lot as the use served.
(B)
All motor vehicle loading spaces which abut a residential district shall be completely screened therefrom by building walls, densely planted compact hedge, or a uniformly painted solid fence, wall or any combination thereof, not less than eight feet in height.
(C)
No loading space shall be located in a required front or side yard.
(D)
Off-street loading spaces shall be at least 10 feet in width by at 25 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 14 feet.
(E)
Each off-street loading space shall be designed with appropriate means of vehicular access to a street in such manner as to minimize interference with traffic movement, but in no case shall a loading space have an entrance onto a street located within 30 feet of the nearest point of the intersection of any two streets.
(F)
All open off-street loading spaces shall be improved with a compact base surfaced with an all-weather, dustless material as approved by the Village Engineer.