Harvey Cedars City Zoning Code
§ 13-11.5
Off Street Parking Requirements.
[Ord. No. 2013-03; Ord. No. 2014-08; Ord. No. 2018-07; amended 5-20-2024 by Ord. No. 2024-17; 2-10-2025 by Ord. No. 2025-05; 12-15-2025 by Ord. No. 2025-22]
a.
For residential and other R-A uses – same as R-A District.
b.
For other permitted uses.
1.
Retail Business, Personal Service Establishments, and Retail Food sales.
(a)
One off-street parking space for each 300 square feet of gross floor area.
(b)
No on-site dining or food service.
(c)
Courtesy benches permitted.
2.
Retail Food/Limited Service.
(a)
One off-street parking space for each 300 square feet of retail store area.
(b)
One off-street parking space for each four seats of limited-service area.
(c)
Courtesy benches permitted.
(d)
Bicycle spots shall count as one parking spot for each four bicycle spots for a maximum of two parking spots.
3.
Restaurants, Full Service.
(a)
One off-street parking space for each four seats.
(b)
Bench restaurant seats shall be counted as one seat for each 30 inches of length.
(c)
Courtesy benches permitted.
(d)
Bicycle spots shall count as one parking spot for each four bicycle spots for a maximum of two parking spots.
(e)
Approved picnic tables shall count as four seats.
(f)
High-top tables shall count as three seats.
(g)
Bar/Counter stools shall count as three seats.
4.
Business and Professional Offices, Banks and Fiduciary Institutions:
(a)
One off-street parking space for each 300 square feet of gross floor area.
5.
Employee Parking.
(a)
In addition to the above off-street parking requirements, one off-street parking space shall be provided for one to six employees, two off-street parking spaces for locations that have over six employees, and three off-street parking spaces for locations that have over 12 employees, and so on.
(b)
This requirement shall not apply under the following conditions.
(1)
An operating restaurant that has an established and approved employee parking space or spaces may add that number of parking spaces to their total customer required spaces and increase their seating accordingly if they establish and file a plan to have their employees park upon a Borough approved parking area. The plan must be filed annually by May 1st of each year with the Zoning Department and the restaurant shall supply one windshield placard for each employee. It will be the restaurant's responsibility to transport the employees to and from their vehicles. If it is determined that the restaurant is in violation of this requirement, they will lose the benefit of said seats.
(2)
Compliance will be monitored from Memorial Day through Labor Day.
(3)
Any change in location of seating must be approved by the Land Use Board.
6.
All off-street parking area shall be located on the same lot as the business building.
c.
Violations and Penalties.
1.
Subsections 13-11.5b5 through 8 are the result of the Borough attempting to allow restaurants to create additional seating by taking advantage of off-street parking for employees and by allowing additional off-street parking off-site under certain conditions. The Borough has assumed additional enforcement duties that are time consuming, labor intensive and are mainly effective on weekends and holidays. For these reasons the Borough requests the consideration of minimum fines.
2.
Any person, corporation or business entity operating a restaurant as provided in Subsections 13-11.5b5 through 8 that violates or fails to comply with these sections or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a minimum fine of $500 for the first offense. Each day for which a violation of this section occurs after the first offense shall be considered a separate offense. Any subsequent offense conviction shall be punishable by a minimum fine of $750 for on to five seats over the permitted limit, $1,000 for six to 10 seats over the permitted limit, and $1,250 for 11 or more seats over the permitted limit.
3.
Any other violations of Chapter 13 shall be dealt with pursuant to § 13-19 of this Chapter.
