In all districts, except as provided in Section 1260.11, there shall be provided at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces for vehicles, in accordance with the requirements of this chapter.
(Ord. 182. Passed 5-12-98.)
1260.02 SIZE AND ACCESS.
Each off-street parking space shall comprise an area of not less than 180 square feet and shall be of usable shape and condition. There shall be adequate provision for ingress and egress to all parking spaces. No parking space designated for automobiles shall have a width of less than nine feet.
(Ord. 182. Passed 5-12-98.)
1260.03 VEHICLES PERMITTED IN OFF-STREET PARKING AND LOADING SPACES.
Except as otherwise specified in this chapter, off-street parking spaces required herein may be occupied by vehicles owned by the occupants of the property or by visitors, or by self-propelled delivery vehicles incidental to the principal use, but not by vehicles being repaired, stored or displayed for sale or hire or for any other purpose which is classified by this Zoning Code as a principal use.
(Ord. 182. Passed 5-12-98.)
1260.04 LOCATION.
Off-street parking facilities shall be located on the same lot with or on an adjacent lot to the parking generator they are required to serve. The Zoning Administrator, upon application, can permit the location of parking facilities at a greater distance where it is shown that such distance will not impair the functional value of such parking facilities.
(Ord. 182. Passed 5-12-98.)
1260.05 UNITS OF MEASUREMENT.
For the purpose of this chapter, "floor area," in the case of commercial and industrial uses, shall mean the gross building area used or intended to be used for services to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not include areas used principally for nonpublic purposes, such as storage, incidental repair, processing or packaging of merchandise, show windows, offices incidental to the management or maintenance of stores or buildings, toilets or restrooms, utilities, or dressing, fitting or alteration rooms. In stadiums, sport areas, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty inches of such seating facilities shall be counted as one seat.
(Ord. 182. Passed 5-12-98.)
1260.06 CHANGE IN USE; ADDITION AND ENLARGEMENTS.
Whenever in any building there is a change in use or an increase in floor area or in the number of employees or other unit of measurement specified hereinafter for the purpose of determining the number of required off-street parking spaces, and such change or increase creates a need for an increase of more than ten percent in the number of off-street parking spaces as determined by the requirements of this chapter, additional off-street parking spaces shall be provided on the basis of the increased requirements of the new use or on the basis of the increase in floor area or in number of employees or in other units of measurement.
(Ord. 182. Passed 5-12-98.)
1260.07 MIXED OCCUPANCIES.
In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately.
(Ord. 182. Passed 5-12-98.)
1260.08 COLLECTIVE PROVISIONS.
Nothing in this chapter shall be construed to prevent collective provision of off-street parking facilities for two or more buildings or uses, provided that the total of such off-street parking spaces supplied collectively shall not be less than the sum of the requirements for the various uses computed separately.
(Ord. 182. Passed 5-12-98.)
1260.09 JOINT USE.
Parking facilities required for a church, theater, bowling alley, dance hall, etc., may be provided wholly or in part by off-street parking facilities serving other uses, such as banks, business offices, retail stores, personal service shops, household equipment or furniture shops, manufacturing buildings and similar uses which are not normally open, used or operated during the same principal operating hours of churches, theaters or the aforementioned establishments. Such joint use may be authorized by the Zoning Administrator upon application showing that participating uses will be adequately served by such joint facilities, and which application shall be accompanied by a properly drawn legal instrument executed by the parties concerned for the joint use of off-street parking facilities. In no case will the number of required car spaces permitted to serve jointly be less than the greatest requirement of this chapter for any one participating establishment.
(Ord. 182. Passed 5-12-98.)
1260.10 PARKING SPACES REQUIRED.
The number of off-street parking spaces required shall be as follows:
(a) Residential. Two spaces for the first dwelling unit in a building and one space for each additional dwelling unit, or one space for each sleeping unit of a tourist home, motel, or boarding house.
(b) Commercial. One space required for each 300 square feet of floor space or fraction thereof, and/or each employee on the maximum working shift, whichever produces the greater number of spaces required.
(c) Industrial. One space required for each 600 square feet of floor space, or for each two employees on the maximum working shift, whichever produces the greater number of spaces required.
(d) Places of Public Assembly. One parking space for each five seats.
(Ord. 182. Passed 5-12-98.)
1260.11 EXCEPTIONS.
The Planning Commission, in consultation with other City departments and agencies concerned, shall make studies, as found advisable, of various areas within which there is need for the establishment of off-street parking facilities to be provided by the City and to be financed wholly or in part by a special assessment district or by other means. When such need is found, the Planning Commission shall report its recommendation for the acquisition of such off-street parking facilities to the City Council. This report shall include recommendations on the type, size, location and other pertinent features of the proposed off-street parking facilities and the area they are intended to serve. Wherever, pursuant to this procedure, the demand for parking space is satisfied by such a City program, all participating users shall be exempt from the requirements of this chapter for privately supplied off-street parking facilities.
(Ord. 182. Passed 5-12-98.)
1260.12 DEVELOPMENT AND MAINTENANCE OF PARKING AREAS.
Every parcel of land hereafter used as a public or private parking area shall be developed and maintained in accordance with the following requirements:
(a) Minimum Distances and Setbacks.
(1) No part of any parking area for five or more vehicles shall be located within a required front yard abutting on a public street of the district in which it is located.
(2) When an off-street parking area for five or more vehicles faces across a street or an alley or abuts on a lot in a residential district, the parking area shall adhere to the front yard requirements of the district on which it faces or abuts.
(b) Restricted Accessory Parking Areas. The establishment and operation of a restricted accessory parking area may be authorized by the Zoning Administrator as a conditional use in such part of a residential zone as abuts, either directly or across an alley, on land in commercial or industrial zone. In serving the needs of commercial or industrial establishments, accessory parking areas shall be so designated and operated as to have a minimum detrimental effect on adjoining residential properties. The requirements such as surfacing, lighting, screening and landscaping shall be as the Zoning Administrator may deem necessary for the protection of neighboring property and the public interest. It is the intent of this chapter that such accessory parking lots shall be so arranged to provide effective buffer zones between commercial and industrial and residential districts.
(Ord. 182. Passed 5-12-98.)
1260.13 REQUIRED LOADING AND UNLOADING SPACES.
There shall be provided adequate space for standing, loading and unloading services of not less than twelve feet in width, twenty-five feet in length and fourteen feet in height, open or enclosed for all uses permitted which involve the receipt and distribution by vehicles of materials, merchandise or bussed passengers.
(Ord. 182. Passed 5-12-98.)
1260.14 DECISIONS BY ZONING ADMINISTRATOR; REDUCTION OF REQUIRED SPACES.
(a) The decision as to meeting the required parking and loading requirements shall be made by the Zoning Administrator, subject to appeal to the Zoning Board of Appeals.
(b) The Zoning Administrator may reduce the required parking spaces upon written application of the owner or occupant of a building or buildings and a positive showing that the requirements of this chapter are excessive for the use intended for the building or buildings. Such reduction shall be placed in writing and continue in force only so long as the use does not change and the owner or occupant remains the same. No waiver granted pursuant to this section shall be transferable.
(Ord. 182. Passed 5-12-98.)
Hart City Zoning Code
CHAPTER 1260
Off-Street Parking and Loading
1260.01 COMPLIANCE REQUIRED.
In all districts, except as provided in Section 1260.11, there shall be provided at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces for vehicles, in accordance with the requirements of this chapter.
(Ord. 182. Passed 5-12-98.)
1260.02 SIZE AND ACCESS.
Each off-street parking space shall comprise an area of not less than 180 square feet and shall be of usable shape and condition. There shall be adequate provision for ingress and egress to all parking spaces. No parking space designated for automobiles shall have a width of less than nine feet.
(Ord. 182. Passed 5-12-98.)
1260.03 VEHICLES PERMITTED IN OFF-STREET PARKING AND LOADING SPACES.
Except as otherwise specified in this chapter, off-street parking spaces required herein may be occupied by vehicles owned by the occupants of the property or by visitors, or by self-propelled delivery vehicles incidental to the principal use, but not by vehicles being repaired, stored or displayed for sale or hire or for any other purpose which is classified by this Zoning Code as a principal use.
(Ord. 182. Passed 5-12-98.)
1260.04 LOCATION.
Off-street parking facilities shall be located on the same lot with or on an adjacent lot to the parking generator they are required to serve. The Zoning Administrator, upon application, can permit the location of parking facilities at a greater distance where it is shown that such distance will not impair the functional value of such parking facilities.
(Ord. 182. Passed 5-12-98.)
1260.05 UNITS OF MEASUREMENT.
For the purpose of this chapter, "floor area," in the case of commercial and industrial uses, shall mean the gross building area used or intended to be used for services to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not include areas used principally for nonpublic purposes, such as storage, incidental repair, processing or packaging of merchandise, show windows, offices incidental to the management or maintenance of stores or buildings, toilets or restrooms, utilities, or dressing, fitting or alteration rooms. In stadiums, sport areas, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty inches of such seating facilities shall be counted as one seat.
(Ord. 182. Passed 5-12-98.)
1260.06 CHANGE IN USE; ADDITION AND ENLARGEMENTS.
Whenever in any building there is a change in use or an increase in floor area or in the number of employees or other unit of measurement specified hereinafter for the purpose of determining the number of required off-street parking spaces, and such change or increase creates a need for an increase of more than ten percent in the number of off-street parking spaces as determined by the requirements of this chapter, additional off-street parking spaces shall be provided on the basis of the increased requirements of the new use or on the basis of the increase in floor area or in number of employees or in other units of measurement.
(Ord. 182. Passed 5-12-98.)
1260.07 MIXED OCCUPANCIES.
In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately.
(Ord. 182. Passed 5-12-98.)
1260.08 COLLECTIVE PROVISIONS.
Nothing in this chapter shall be construed to prevent collective provision of off-street parking facilities for two or more buildings or uses, provided that the total of such off-street parking spaces supplied collectively shall not be less than the sum of the requirements for the various uses computed separately.
(Ord. 182. Passed 5-12-98.)
1260.09 JOINT USE.
Parking facilities required for a church, theater, bowling alley, dance hall, etc., may be provided wholly or in part by off-street parking facilities serving other uses, such as banks, business offices, retail stores, personal service shops, household equipment or furniture shops, manufacturing buildings and similar uses which are not normally open, used or operated during the same principal operating hours of churches, theaters or the aforementioned establishments. Such joint use may be authorized by the Zoning Administrator upon application showing that participating uses will be adequately served by such joint facilities, and which application shall be accompanied by a properly drawn legal instrument executed by the parties concerned for the joint use of off-street parking facilities. In no case will the number of required car spaces permitted to serve jointly be less than the greatest requirement of this chapter for any one participating establishment.
(Ord. 182. Passed 5-12-98.)
1260.10 PARKING SPACES REQUIRED.
The number of off-street parking spaces required shall be as follows:
(a) Residential. Two spaces for the first dwelling unit in a building and one space for each additional dwelling unit, or one space for each sleeping unit of a tourist home, motel, or boarding house.
(b) Commercial. One space required for each 300 square feet of floor space or fraction thereof, and/or each employee on the maximum working shift, whichever produces the greater number of spaces required.
(c) Industrial. One space required for each 600 square feet of floor space, or for each two employees on the maximum working shift, whichever produces the greater number of spaces required.
(d) Places of Public Assembly. One parking space for each five seats.
(Ord. 182. Passed 5-12-98.)
1260.11 EXCEPTIONS.
The Planning Commission, in consultation with other City departments and agencies concerned, shall make studies, as found advisable, of various areas within which there is need for the establishment of off-street parking facilities to be provided by the City and to be financed wholly or in part by a special assessment district or by other means. When such need is found, the Planning Commission shall report its recommendation for the acquisition of such off-street parking facilities to the City Council. This report shall include recommendations on the type, size, location and other pertinent features of the proposed off-street parking facilities and the area they are intended to serve. Wherever, pursuant to this procedure, the demand for parking space is satisfied by such a City program, all participating users shall be exempt from the requirements of this chapter for privately supplied off-street parking facilities.
(Ord. 182. Passed 5-12-98.)
1260.12 DEVELOPMENT AND MAINTENANCE OF PARKING AREAS.
Every parcel of land hereafter used as a public or private parking area shall be developed and maintained in accordance with the following requirements:
(a) Minimum Distances and Setbacks.
(1) No part of any parking area for five or more vehicles shall be located within a required front yard abutting on a public street of the district in which it is located.
(2) When an off-street parking area for five or more vehicles faces across a street or an alley or abuts on a lot in a residential district, the parking area shall adhere to the front yard requirements of the district on which it faces or abuts.
(b) Restricted Accessory Parking Areas. The establishment and operation of a restricted accessory parking area may be authorized by the Zoning Administrator as a conditional use in such part of a residential zone as abuts, either directly or across an alley, on land in commercial or industrial zone. In serving the needs of commercial or industrial establishments, accessory parking areas shall be so designated and operated as to have a minimum detrimental effect on adjoining residential properties. The requirements such as surfacing, lighting, screening and landscaping shall be as the Zoning Administrator may deem necessary for the protection of neighboring property and the public interest. It is the intent of this chapter that such accessory parking lots shall be so arranged to provide effective buffer zones between commercial and industrial and residential districts.
(Ord. 182. Passed 5-12-98.)
1260.13 REQUIRED LOADING AND UNLOADING SPACES.
There shall be provided adequate space for standing, loading and unloading services of not less than twelve feet in width, twenty-five feet in length and fourteen feet in height, open or enclosed for all uses permitted which involve the receipt and distribution by vehicles of materials, merchandise or bussed passengers.
(Ord. 182. Passed 5-12-98.)
1260.14 DECISIONS BY ZONING ADMINISTRATOR; REDUCTION OF REQUIRED SPACES.
(a) The decision as to meeting the required parking and loading requirements shall be made by the Zoning Administrator, subject to appeal to the Zoning Board of Appeals.
(b) The Zoning Administrator may reduce the required parking spaces upon written application of the owner or occupant of a building or buildings and a positive showing that the requirements of this chapter are excessive for the use intended for the building or buildings. Such reduction shall be placed in writing and continue in force only so long as the use does not change and the owner or occupant remains the same. No waiver granted pursuant to this section shall be transferable.