An application for a building permit for a new or enlarged building, structure, or use shall include therewith a plot plan, drawn to scale, and fully dimensioned, showing any parking or loading facilities to be provided in compliance with the requirements of this title. (Ord. 2003-O-15, 3-18-2003)

The off street parking and loading requirements of this title shall apply as follows:

   A.   General Applicability: All buildings and structures erected and all land uses initiated after the effective date hereof shall provide accessory off street parking or loading facilities as required hereinafter for the use thereof; except, when a building permit has been issued prior to the effective date hereof, furnishing of parking or loading facilities shall not be required if construction is begun thereon within six (6) months of the effective date of the building permit and diligently prosecuted to completion.

   B.   Decrease Of Intensity: When a building or structure erected or enlarged prior to or after the effective date hereof shall undergo a decrease in number of dwelling units, gross floor area, seating capacity, number of employees, or other unit of measurement specified hereinafter for required parking or loading facilities, and further, when said decrease would result in a requirement for a fewer total parking or loading spaces through application of the provisions of this title thereto, parking and loading facilities may be reduced accordingly; provided, that existing parking or loading facilities shall be so decreased only when the facilities remaining would at least equal or exceed the parking or loading requirements resulting from application of the provisions of this title to the entire building or structure as modified.

   C.   Increase Of Intensity: When a building or structure shall undergo any increase in number of dwelling units, gross floor area, seating capacity, or other unit of measurement specified hereinafter for required parking or loading facilities, and further, when said increase would result in a requirement for additional total parking or loading spaces through application of the provisions of this title thereto, parking and loading facilities shall be increased accordingly; provided, that existing parking or loading facilities would at least equal or exceed the parking or loading requirements resulting from application of the provisions of this title to the entire building or structure as modified.

   D.   Conversions And Alterations: All buildings or structures erected hereafter; all uses of land, buildings or structures established hereafter (including the conversion of an existing building or structure, or portion thereof, to one of the specifically enumerated uses in section 11-8-5 of this chapter); all buildings or structures which are structurally altered or relocated; and all buildings or structures which are substantially remodeled or renovated, shall provide accessory off street parking or loading facilities as required hereinafter for the use thereof. For the purposes of this subsection, the term "substantially remodeled or renovated" shall be deemed to include where the cumulative cost of the remodeling or renovation over any thirty six (36) month period exceeds twenty percent (20%) of the value of the existing building or structure, in the opinion of the zoning administrator. Further provided, that in the event a building or structure contains multiple uses, units, or tenant spaces (i.e., a retail center), the above provisions shall apply to the area, space or use to be converted, altered, remodeled or renovated. (Ord. 2003-O-15, 3-18-2003)

The following shall apply to existing driveway, parking and loading areas:

   A.   No Reduction: Accessory off street parking and loading spaces in existence on the effective date hereof may not be reduced in number unless already exceeding the requirements of this chapter for equivalent new construction, in which event, said spaces shall not be reduced below the number required herein for such equivalent new construction.

   B.   Dustless Surface Required; Exceptions:

      1.   Each driveway, off street parking space and/or loading berth ("parking area") currently existing in the city's business zoned districts shall only be permitted to remain if it is surfaced with a bituminous or concrete pavement, cement paver bricks, or a similar hard surface approved by the building official, providing an all weather, durable and dustless surface.

      2.   In the event a permit has been previously issued to a property owner for a parking area which is nonconforming and does not comply with the dustless surface requirements set forth in subsection B1 of this section, then, and in that event, no later than December 31, 2005, such nonconforming parking area shall be improved with a dustless surface as specified in said subsection B1, along with such further improvements as required pursuant to subsection 11-8-4D of this chapter. In the alternative, such nonconforming parking area may be converted to a landscaped area in conformity with the procedures and requirements of the city appearance code. Further provided, that conversion of such nonconforming parking areas shall only be permitted where adequate access, parking and loading is otherwise provided on the premises.

      3.   In the event no permit has been previously issued to a property owner for a parking area which is nonconforming and does not comply with the dustless surface requirements set forth in subsection B1 of this section, then, and in that event, no later than December 31, 2004, such nonconforming parking area shall be improved with a dustless surface as specified in said subsection B1, along with such further improvements as required pursuant to subsection 11-8-4D of this chapter. In the alternative, such nonconforming parking area may be converted to a landscaped area in conformity with the procedures and requirements of the city appearance code. Further provided, that conversion of such nonconforming parking areas shall only be permitted where adequate access, parking and loading is otherwise provided on the premises.

      4.   Notwithstanding the provisions of this subsection, any legal nonconforming property in the business which is exclusively devoted to a residential use of two (2) units or less, with a parking area sufficient for no more than two (2) cars per unit, shall be exempted from this subsection. (Ord. 2004-O-51, 7-20-2004)

   A.   Use Of Parking Facilities: Required accessory off street parking facilities provided for the uses hereinafter listed shall be solely for the parking of motor vehicles of patrons, occupants, or employees of such uses.

   B.   Collective Use Of Parking Facilities: Off street parking facilities for separate uses may be provided collectively if the total number of spaces so furnished is not less than the sum of the separate requirements for each such use; and provided, that all regulations covering the location of accessory parking spaces in relation to the use served are adhered to.

   C.   Dimensions: Required off street parking shall conform with the following:

 

 

Notes:

1.   If it is determined by the code official that access for firefighting equipment is not available from the public way, then the minimum aisle width along the longest side of the structure adjacent to the parking area shall provide an aisle width of 20 feet, and within 45 feet of the building.

2.   Stall length is measured perpendicular to the drive aisle.

   D.   Design, Access And Maintenance:

      1.   Ingress And Egress: No parking space shall back directly onto a street. This prohibition shall not apply to single-family and duplex structures. Every parking lot or garage shall be provided with a turnaround area or other means to permit cars to exit the parking lot or garage without backing onto any street or sidewalk.

      2.   Pavement, Drainage And Marking: All parking spaces (including required parking spaces accessory to a single-family dwelling), lots and garages shall be surfaced with a bituminous or concrete pavement, cement paver bricks, or a similar hard surface approved by the building official, providing an all weather, durable and dustless surface. All parking surfaces shall be graded and drained to dispose of surface water accumulation by means of a positive stormwater drainage system connected to a public storm sewer system. Parking areas will be clearly identified by markings approved by the building official.

      3.   Wheel Stops: Wheel stops of masonry, steel, curb or another approved material shall be placed near all interior parking lot lines to protect abutting property and also along street lines to prevent protrusion of vehicles into any right of way.

      4.   Tandem Spaces Prohibited: No parking spaces shall be designed in "tandem" so that ingress or egress for one space is blocked by a second space. This prohibition shall not apply to single-family and duplex structures.

      5.   Design: All parking spaces shall provide ease of use, permitting access to the motor vehicle from both sides, with no portion of the structure improvements blocking access to the motor vehicle.

      6.   Maintenance: All tree planting areas, parking lots, garages, driveways and parking areas shall be maintained at all times so as to be free of potholes, damaged or broken curbs, damaged or broken wheel stops and other damaged or neglected features.

      7.   Use Restrictions: Except as otherwise provided in this title, no space, parking lot or garage shall be used for any purpose other than the temporary storage of motor vehicles related to the premises. The leasing or rental of spaces or the storage of merchandise and the sale or commercial repair of vehicles is prohibited.

      8.   Driveway Requirements: 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 passengers to the vehicle and vehicular access to such parking spaces. All driveways shall be surfaced with a bituminous or concrete pavement, cement paver bricks, or a similar hard surface approved by the building official, providing an all weather, durable and dustless surface.

      9.   Curb Cuts: No driveway across a public property or curb cut shall exceed a width of twenty six feet (26') without the prior written approval of the zoning administrator.

      10.   Traffic Design: All on site parking spaces, loading facilities, parking lots, areas and garages shall be located and designed to provide sufficient vehicular access to adjacent streets to least interfere with pedestrian and traffic movements.

      11.   Open Or Enclosed Spaces:

         a.   Off street parking spaces may be open to the sky or enclosed in a building.

         b.   Off street parking spaces open to the sky may be located in any yard except a required front yard in a residential district. Except as otherwise provided for accessory structures, enclosed buildings and carports containing off street parking shall be subject to the yard requirements applicable in the district in which located.

      12.   Screening Requirements: All open off street parking areas containing more than six (6) parking spaces shall be effectively screened on each side that adjoins any property situated in a residential district by a wall, fence or densely planted compact hedge not less than five feet (5') nor more than eight feet (8') in height 1 .

      13.   Lighting:

         a.   Any lighting used to illuminate buildings or parking areas, including illuminated signs, must be controlled and directed away from adjoining properties so that it does not exceed 0.5 foot- candle at any property line in or adjacent to the R-1, R-2, R-3, R-3A or R-4 district or 1.0 foot-candle in any business district. Measurements shall be made at the property line using a light meter.

         b.   Approved lighting shall be provided for off street parking spaces, and such lighting shall be arranged so as to prevent a direct glare of beams onto any adjacent or public or private property.

   E.   Location: All parking spaces required to serve buildings or uses shall be located on the same lot as the building or use served, or an adjoining lot under the same ownership as the principal lot. Provided, that no off street parking facilities for any business shall be located in a residential district. Further provided, that where parking is provided on an adjoining lot under common ownership, there shall be submitted a lease, agreement, covenant, easement, or other document satisfactory to the city guaranteeing the provision and maintenance of the required parking facilities during the existence of the use. Off street parking spaces may not be located in any required front or side yard, and no parking shall be permitted in any required front or side yard setback.

   F.   Repair And Service Prohibited: No motor vehicle repair work or service of any kind shall be permitted in association with any off street parking facilities.

   G.   Computation Of Number Of Spaces: When a determination of the number of off street parking spaces required by this title results in a requirement of a fractional space, the fraction shall be counted as one parking space. (Ord. 2003-O-15, 3-18-2003)

   A.   Required Spaces: Adequate off street parking spaces shall be provided to accommodate all the motor vehicles of residents or employees, visitors and customers, and the vehicles used in the conduct of any business or enterprise, but in no case shall the number of off street parking spaces provided be less than the minimum prescribed in the following schedule:

 

(Ord. 2003-O-15, 3-18-2003; amd. Ord. 2006-O-29, 9-5-2006)

   B.   Assessment In Lieu Of Parking Spaces: In the event that parking, as required by this title, cannot be provided and proper variation therefor has been obtained, the owner shall be subject to an assessment in lieu of providing said parking. The assessment shall be established by the city council. This variation requirement and assessment shall be applicable pursuant to section 11-8-2 of this chapter. (Ord. 2003-O-15, 3-18-2003)

Off street loading spaces or berths accessory to the designated uses shall be provided as follows:

   A.   Use Of Loading Spaces: Space allocated for any off street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off street parking facilities or portions thereof.

   B.   Location; Screening: All required loading spaces or berths shall be located on the same lot as the use served. All motor vehicles, loading berths and off street access thereto which abut or are adjacent to a residence district shall be completely screened therefrom by building walls, or a uniformly painted solid fence, wall or door, or any combination thereof, not less than five feet (5') nor more than eight feet (8') in height 1 . No permitted or required loading space or berth shall be located within forty feet (40') of the nearest point of the intersection of any two (2) streets or highways. No loading space or berth shall be located in a required front or side yard, and any loading space or berth located in a required rear yard shall be open to the sky.

   C.   Area: Unless otherwise specified, a required off street loading space or berth shall be ten feet (10') in width by at least twenty five feet (25') in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fifteen feet (15').

   D.   Access: Each required off street loading space or berth shall be designated with appropriate means of vehicular access to a street, highway or alley in a manner which will least interfere with traffic movement. (Ord. 2003-O-15, 3-18-2003)

   E.   Surfacing: New open off street loading areas shall be improved with a compacted select gravel base, not less than seven inches (7") thick, surfaced with an all weather, dustless material. (Ord. 2003-O-15, 3-18-2003; amd. 2009 Code)

   F.   Minimum Facilities: Uses for which off street loading facilities are required by this chapter but which are located in buildings that have a gross floor area of less than one thousand (1,000) square feet shall be provided with adequate receiving facilities, accessible by motor vehicle, from any adjacent alley, service drive, or open space on the same lot.

   G.   Repair And Service Prohibited: No motor vehicle repair work or service of any kind shall be permitted in conjunction with any off street loading facilities.

   H.   Loading Berth Requirements:

      1.   No off street loading facilities are required in any residential district. (Ord. 2003-O-15, 3-18-2003)

      2.   On the same lot with every building, or part thereof, erected hereafter, for any use permitted in a business district, the following minimum off street loading spaces shall be provided:

 

 

(Ord. 2003-O-15, 3-18-2003; amd. 2009 Code)