It is the intent of the BCC to assure that all land uses and their buildings hereafter erected or instituted, except for agricultural uses and their buildings, shall be provided with adequate off-street parking and loading facilities for the use of occupants, employees, visitors, vendors or patrons. Agricultural use and buildings means a lawfully operating and bona fide agricultural operation that is in business for the purpose of growing plants, crops, trees, silviculture, or other agricultural or forestry products or that is in business for the purpose of raising livestock, when the agricultural activity occurs on property owned or lawfully occupied by the person conducting said agricultural activity and said property is designated by the future land use map general agriculture. It is also the intent of this paragraph that the public interest, welfare and safety require that certain uses provide adequate off-street loading facilities. Further, it is the intent of the BCC that such off-street parking and loading facilities shall be maintained and continued as an accessory to the principal use they are intended to serve so long as such use is continued.

(Ord. No. 05-06-30, § 77)

The provisions of this article shall apply to all development, redevelopment, or amendments to the existing development approvals, as follows:

A.

Nonresidential development. A change in use of a nonresidential property, building, or structure, or conversion of an existing residential use to a nonresidential use, shall require that the total parking requirement for the new use be established concurrent with the change in use. Any increase in total floor area of any building or structure shall require that the total parking requirement, for the aggregate sum of the additional floor area and the base floor area be provided concurrent with the additional floor area. Such parking lot improvements and/or upgrades must comply with the Americans with Disabilities Act and a site plan showing the modification must be submitted to the county for approval.

B.

Residential development. Changes to approved development plans that result in an increase in dwelling units shall include provisions on site for the total parking requirement of all resulting dwelling units.

C.

Status of prior approvals. Unexpired development plans approved prior to the effective date of these regulations shall comply with the parking requirements in effect at the time of the original development plan approval. Provided further, that should the unexpired development plan be amended, the total parking requirement, that is attributable to the amended plan pursuant to these regulations shall be met on site.

(Ord. No. 05-06-30, § 77; Ord. No. 21-22-27, § 2)

All off-street parking areas shall be constructed of dust free surfaces, be well maintained; free of potholes, debris, weeds, broken curbs, and broken wheel stops; clearly striped; and with all area lighting in working condition. Off-street parking areas may utilize porous paver blocks over a compacted subbase, with the approval of the county engineer, in lieu of asphaltic or concrete paving.

(Ord. No. 05-06-30, § 77)

The following off-street parking spaces shall be provided and maintained in accordance with this table:

Note: GFA = gross floor area

(Ord. No. 05-06-30, § 77)

Uses not specifically mentioned or annotated shall provide off street parking as provided for the use most similar to the one not mentioned.

(Ord. No. 05-06-30, § 77)

Any fraction equal to or greater than one-half of the required parking space shall require a full off-street parking space.

(Ord. No. 05-06-30, § 77)

For mixed uses, the total requirement for off-street parking shall be the sum of the requirements of each use computed separately, and off-street parking space for one use shall not be considered as providing the required off-street parking for any other use.

(Ord. No. 05-06-30, § 77)

Gross floor area (GFA) means the gross floor area inside of the exterior walls. In hospitals, bassinets shall not count as beds. In stadiums, sports arenas, churches and other places of assembly in which occupants utilize benches, pews or other similar seating facilities, each 30 lineal inches of such seating facilities shall be counted as one seat for the purpose of computing off-street parking requirements.

(Ord. No. 05-06-30, § 77)

Parking lots shall be designed such that vehicles shall not utilize any portion of any public rights-of-way for site circulation, or for the maneuvering into or out of parking spaces. Parking spaces which require the backing into public rights-of-way are strictly prohibited. Parking lot design shall conform to the following standards:

A.

Minimum travel way widths.

B.

Minimum space size. Each parking space shall be striped to be a minimum of nine and one-half feet by 18 feet. The measurement shall be made from centerline to centerline of the traffic stripe. For minimum space size of handicap parking spaces see section 12.10.211.

C.

Reserved.

D.

Curb design. Installation of curbs, base, surface construction, and the like shall be as specified in the Highlands County Technical Standards Manual, current edition.

E.

Final site plan. Parking lot details shall be shown on all final site plans and, where applicable, improvement plans.

F.

Parking lot specifications. Parking lot specifications shall be at a minimum six inches of base compacted to 95 percent density as per AASHTO T-180 with a one and one-half-inch SP-9.5 asphalt surface course or comparable mix as approved by FDOT, except as listed below:

1.

Six inches of 3,000 psi concrete over six inches of sub-base compacted to 95 percent density as per AASHTO T-180, 60 P.S.I. F.B.V. minimum may be substituted for the above.

2.

For churches where parking needs are limited to one or two days per week, parking spaces may be grass. Travel ways and circulation areas shall be paved. This exemption may be approved upon a finding by the county engineer that there would be no detrimental effect due to erosion or other degrading of the natural environment.

3.

For recreational vehicle parking, pursuant to section 12.10.218.A., as an accessory to self-storage, parking areas may be of an alternate material approved by the county engineer, such as, but not limited to, crushed concrete, gravel, or asphalt millings. Travel ways and circulation areas shall be paved.

G.

Parking lots that have grass parking spaces shall not use such areas in calculations to meet minimum requirements for buffers, landscaping, or retention. However, retention area requirements shall be calculated based on the assumption that all spaces are paved. An allowable alternative is reservation of an area to accommodate additional retention capacity in the event of paving.

H.

Where grass parking spaces are allowed, all required handicap spaces shall be paved and meet the requirements of section 12.10.211.

I.

Parking of vehicles in public rights-of-way is strictly prohibited except in those instances whereby approval is granted by the BCC or for existing roadways incorporating such within the rights-of-way as of the date of adoption of these regulations.

J.

Parking within the principal structure. In instances where off-street parking is provided within the principal structure, the following shall apply:

1.

The number of off-street parking spaces required by this article shall not be reduced; and

2.

For each off-street parking space permitted within the principal structure, 300 square feet of additional open space beyond that which is otherwise required by the open space system shall be provided. See section 12.11.112 of these regulations.

(Ord. No. 05-06-30, § 77; Ord. No. 11-12-04, § 62; Ord. No. 19-20-09, § 97)

To avoid requiring more parking spaces than are actually needed to serve a proposed development, the county engineer may defer the provisions of a portion of the required off-street parking spaces, if the conditions and requirements of this section are satisfied. As a condition prior to seeking approval of partial deferral by the county engineer, the proposal shall meet the criteria of either A. or B. below.

A.

A signed and sealed parking study is prepared and submitted by a qualified professional traffic engineer that indicates that there is not a need for parking which would otherwise be required. The contents of and requirements for a parking study are described in section 12.10.210.

B.

A signed and sealed transportation system management program is prepared by a qualified professional traffic engineer and submitted that shows that alternative means of access are or will be established which justify deferring the number of parking spaces sought to be deferred. Such transportation system management program is limited to:

1.

Public transportation that satisfies transportation demands for a portion of the users of the facility corresponding to the amount of parking to be deferred;

2.

Ride sharing including private and public car pools or van pools; and/or

3.

Flexible work hour scheduling.

C.

If the proposal satisfies one or more of the requirements in this section, the county engineer may approve a deferred parking plan. The number of parking spaces deferred shall correspond to the estimated number of parking spaces that will not be needed because of the condition(s) established. The parking plan shall nevertheless contain sufficient spaces to meet the full parking requirement of this section; additionally, the proposal shall meet all of the following requirements listed herein.

1.

The parking plan shall illustrate the layout of the full number of spaces and shall designate which are to be deferred.

2.

The parking plan shall not assign deferred spaces to areas required for landscaping, transition zones, setbacks or areas that would otherwise be unsuitable for parking spaces because of the physical characteristics of the lands or other requirements of these regulations.

3.

The landscaping plan for off street parking areas.

4.

The parking plan shall include an improvement agreement with the BCC, acceptable to the board attorney, that, after one year from the date of issuance of the certificate of occupancy, any deferred spaces shall be converted to parking spaces that conform to these regulations at the developer's expense should the BCC determine that additional parking spaces are needed.

5.

The parking plan shall include a written agreement that the developer shall defray the total cost to cover the expense of a parking study to be undertaken by Highlands County to determine the advisability of requiring the full parking requirement.

D.

If deferred parking was approved, following a preliminary finding that parking is not adequate (but not sooner than one year after the date of issuance of a certificate of occupancy for the development), the county may undertake a study to determine the need for fulfilling the parking demand.

E.

Based upon the study and recommendations of the county engineer, the BCC shall determine if the deferred spaces shall be converted to operable parking spaces by the developer or retained as deferred parking area.

F.

The developer may at any time request that the county engineer approve a revised development plan to allow converting deferred spaces to operable parking spaces.

(Ord. No. 05-06-30, § 77)

The county engineer may authorize a reduction in total number of required parking spaces for two or more uses jointly providing off-street parking when their respective hours of maximum parking do not normally overlap, and if the following conditions are met:

A.

The developer submits a parking study (see section 12.10.210) with sufficient data to demonstrate that hours of maximum demand for parking at the respective uses do not normally overlap; and

B.

The developer submits an improvement agreement, approved by the board attorney, between the owners of the said uses guaranteeing that joint use of the parking spaces shall be permitted until required parking is provided elsewhere in accordance with the provisions of these regulations.

(Ord. No. 05-06-30, § 77)

A.

Applicability. Proposed developments that meet one of the following criteria shall include a parking study with the applications for development approval:

1.

A proposed use where the applicant asserts that the parking requirement resulting from the application of section 12.10.200 is greater than that actually needed to serve the development, and is making a request for a parking deferral as provided in section 12.10.208; or

2.

A proposed reduction in parking requirement is being made based on a mixed or joint use proposal as provided in section 12.10.209.

B.

Contents of the parking study. The parking study shall be designed to provide evidence of the actual parking requirement of the proposed development. The study shall be prepared, signed, and sealed by a qualified professional traffic engineer with documented traffic experience and shall include, but is not limited to, consideration of the following:

1.

Estimates of parking requirements shall be based on recommendations in studies such as those from the Urban Land Institute (ULI) or the Institute of Transportation Engineers (ITE) based on data collected from uses or combinations of uses that are the same or comparable to the proposed use; comparability shall be determined by density, scale, bulk, area, type of activity, and location; the report shall document the source of data used to develop recommendations; and

2.

The extent to which a transportation system management program and use of alternative forms of transportation lessens the parking requirement.

(Ord. No. 05-06-30, § 77)

All uses shall be required to provide off street parking for handicapped persons in accordance with Florida Accessibility Code for Building Construction et seq., or the following if more restrictive:

A.

Level parking spaces shall be reserved for physically handicapped persons according to the following requirements:

B.

Parking spaces reserved for physically handicapped persons shall meet the following design and location requirements as listed herein.

1.

All spaces shall be accessible to curb ramp or curb cut, when necessary to allow access to building, structure, or use served, and shall be so located that users are not compelled to wheel behind parked vehicles.

2.

Diagonal or perpendicular parking spaces shall be a minimum of 12 feet wide. All spaces shall have an adjacent access aisle 60 inches wide at a minimum. Parking access aisles shall be immediately accessible to the building or facility entrance.

3.

Parallel parking spaces shall be located either at the beginning or end of a block or adjacent to an alley entrance. Curbs adjacent to such premises shall be of a height that will not interfere with opening and closing of motor vehicle doors.

4.

Each such parking space shall be prominently outlined with blue paint and posted with a non-movable, above grade, fixed sign of a color and design approved by the FDOT bearing the internationally accepted wheelchair symbol and the caption "parking by disabled permit only" on two separate signs, or bearing both such symbol and caption on one sign. Such signs shall not be obscured by a vehicle parked in the space.

C.

Curb cuts and ramps must meet the following design and location requirements as listed herein.

1.

Ramps or curb cuts from parking areas to the walkway level shall be provided and shall be spaced at intervals of no more than 100 feet and shall be located as close as practical to main entrances and exits.

2.

The least possible slope shall be used for any ramp. The maximum slope of a ramp in new construction shall be 1:12. Ramps 30 feet in length or longer shall have a maximum gradient of 1:20 or the ramps shall have a level platform at least 60 inches deep in the direction of the ramps at 30-foot intervals and at changes in direction over 15 degrees and shall be of a slope of no more than 1:12.

3.

The minimum width of a curb ramp shall be 44 inches, exclusive of flared sides. Ramps shall have a slip-resistant surface.

D.

In addition to the requirements of this section, all handicap spaces shall meet the requirements of the Florida Accessibility Code for Building Construction et seq. Where a conflict exists between these regulations and the accessibility code, the accessibility code shall prevail. The following statement shall be placed on all final site plans and, where applicable, improvement plans: "I hereby certify that the details of the handicap accessibility plan shown hereon are to the best of my knowledge and belief in full and complete compliance with the Florida Accessibility Code for Building Construction et seq."

(Ord. No. 05-06-30, § 77)

The off-street loading requirements are intended to provide minimum standards for loading areas for loading and unloading of goods for the uses permitted by these regulations, to protect the capacity of the county's street system, to avoid undue congestion resulting from loading and unloading activities, and to lessen unnecessary conflicts between trucks and other vehicles. The requirements in this section shall apply to all commercial and industrial development, whether new structures or alterations to existing structures.

A.

Off-street loading areas shall be available for use prior to issuance of the certificate of occupancy. Continued maintenance shall be the obligation of the property owner and occupant as long as the use requiring loading facilities continues. No off-street loading shall be altered or discontinued except in accordance with these regulations.

B.

Every final site plan shall show details of the required loading area in compliance with this section.

C.

Loading spaces shall not be used for storage of vehicles and/or materials. Loading spaces shall not be used to meet off-street parking requirements.

D.

Each loading space shall be directly accessible from a street or alley without crossing or entering any other required off street loading space. Such loading space shall be accessible from the interior of the building it serves and shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination.

(Ord. No. 05-06-30, § 77; Ord. No. 11-12-04, § 63)

Off-street loading spaces shall be provided and maintained as follows:

A.

Each retail store, storage warehouse, wholesale establishment, industrial plant, factory, freight terminal, market, restaurant, mortuary, laundry, dry cleaning establishment, or similar use shall provide loading spaces in accordance with the following table:

TABLE 4

OFF-STREET LOADING

REQUIREMENTS

plus for each additional 90,000 square feet over 290,000 square feet, or major fraction thereof, one additional loading space shall be provided;

B.

For each multiple dwelling, apartment, or hotel having at least 20 dwelling units but not over 50 dwelling units: one loading space.

C.

For each multiple dwelling unit, apartment, or hotel having over 50 dwelling units: one loading space for each additional 50 dwelling units or major fraction thereof.

D.

For each auditorium, convention hall, exhibition hall, museum, hotel, motel, office building, sports arena, stadium, hospital, sanitarium, welfare institution, or similar use which has a gross floor area (GFA) of over 10,000 square feet but not over 40,000 square feet one loading space; plus for each additional 60,000 square feet over 40,000 square feet or major fraction thereof: one loading space; and for any use not specifically mentioned, the requirements for off-street loading facilities for a use which is so mentioned and to which the unmentioned use is similar shall apply.

E.

All loading facilities shall be located on the same building site as the use they serve and outside of existing public rights-of-way and proposed right-of-way lines established by the future transportation circulation map plan.

F.

Loading areas shall be constructed in accordance with the requirements of this section.

G.

Loading spaces shall be clearly striped and marked to insure adequate reservation for all loading and unloading activities.

H.

All loading spaces shall meet the minimum size requirements as follows:

1.

When normal delivery of merchandise and materials is via trucks not exceeding two tons in load capacity—12 feet by 30 feet with an eight-foot vertical clearance.

2.

When normal delivery of merchandise and materials is via trucks exceeding two tons in load capacity—12 feet by 60 feet with a 12-foot vertical clearance.

3.

Where delivery of automobiles or trucks is by automotive transport carrier, a space 12 feet by 100 feet with an 18-foot vertical clearance shall be provided.

(Ord. No. 05-06-30, § 77)

Editor's note— Ord. No. 22-23-07, § 2, adopted November 15, 2022, repealed § 12.10.216, which pertained to zoning district parking regulations and derived from Ord. No. 05-06-30.

A.

A commercial vehicle of not over one ton rated capacity may be parked on a lot whose principal use is residential and where the commercial vehicle is used by a resident of the premises. A commercial vehicle of not over two tons rated capacity may be parked in an enclosed garage on a lot whose principal use is residential and where the commercial vehicle is used by a resident of the premises. Permitted nonresidential uses may utilize and park on their premises such commercial or other vehicles as may be necessary and customary for such uses, but this provision shall not be construed to permit the parking of school buses utilized by public, private or parochial schools.

B.

This section shall not apply to a private entity which provides emergency services to the county, and which have been placed on a list of entities authorized to provide such emergency services to the county. Such approved entities may park one vehicle related to such emergency services on its property, so long as such vehicle is parked in a location which meets accessory structure setbacks for the zoning district in which the property is located.

(Ord. No. 05-06-30, § 77; Ord. No. 22-23-07, § 2)

A.

Definitions. For the purpose of this section the term "recreational vehicle" shall include any recreational vehicle, auto camper, boat, boat trailer, camping trailer, horse or cattle trailer, house boat, motor home, mud buggy, swamp buggy, dune buggy, race car, truck camper, pickup coach or camper, utility trailer, and other related or similar equipment but does not include a "park trailer" pursuant to F.S. § 320.01(1)(b)7 (ANSI A-119.5 type units).

B.

Parking, storage of recreational vehicles in residential districts. The parking and storage of recreational vehicles in residential zoning districts, and agricultural districts where the primary use of the district is for residential purposes, shall be permitted subject to the following conditions:

1.

Recreational vehicles shall not be located in any front yard or nearer than seven and one-half feet to any side or rear lot line, except that one boat 18 feet or less in length and no more than six feet in average height and one utility trailer eight feet or less in length and no more than six feet in average height may be parked in a driveway not nearer than seven and one-half feet to any property line. On property where the rear lot line is questionable, i.e. corner lots, lakefront lots and nonconforming lots platted prior to January 1, 1971, the recreational vehicle shall be parked a minimum of 25 feet from all lot lines abutting a street and seven and one-half feet from all other lot lines.

2.

Recreational vehicles shall be parked or stored only on property which is occupied, either temporarily or permanently, by the vehicle owner. Recreational vehicles shall not be parked or stored on vacant residentially zoned property unless such vacant residentially zoned property is contiguous to the property that is occupied by the vehicle owner, and under the same ownership as the property occupied by the vehicle owner.

3.

The recreational vehicle shall be stored and maintained in a condition which would allow for its safe and effective use.

4.

Recreational vehicles may be parked anywhere on the property for a period of 24 hours for the purposes of loading and unloading the vehicle.

5.

Recreational vehicles which are used and licensed as the primary means of transportation for the physically disabled may be parked or stored in any yard of a residential lot so long as it is not nearer than seven and one-half feet to any side or rear lot line.

6.

Recreational vehicles may be parked in an enclosed structure.

7.

A recreational vehicle shall not be used for living, sleeping or business purposes. However, a recreational vehicle may be used, on a temporary basis, for sleeping and living purposes for a period not to exceed one week in any 30-day period where the owner or occupant of the vehicle is a guest of the owner or occupant of the property involved.

8.

Recreational vehicles shall not be connected to any utilities such as central potable water, central wastewater, electric, phone, etc., except that a temporary connection for the purposes of battery charging or repairs shall be permitted.

9.

Recreational vehicles shall not be used as an accessory structure or utility building.

10.

Recreational vehicles shall not be parked or stored on any right-of-way.

C.

Parking, storing, and uses of recreational vehicles in other than residential districts.

1.

The parking and storing of recreational vehicles shall be permitted in B-3 and less restrictive zoning districts.

2.

The use of a recreational vehicle for living purposes shall be a permitted use only in campground and RV-FUD zoning districts.

3.

Recreational vehicles shall not be used to house, either permanently or temporarily, a watchman, guard, or any other person for security purposes.

(Ord. No. 05-06-30, § 77; Ord. No. 07-08-32, § 17; Ord. No. 16-17-17, § 223; Ord. No. 22-23-07, § 2)