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Horn Lake City Zoning Code

ARTICLE VII

OFF-STREET PARKING AND LOADING

A.- Applicability.

1.

The requirements of this section shall apply to off-street parking areas; off-street loading areas; and vehicular access and circulation areas, which shall collectively be defined as vehicular areas.

2.

Areas that are regularly used as vehicular areas shall be considered to be such areas whether or not formally designated for such purposes.

B. - General Requirements.

Except as otherwise provided herein, the following General Requirements shall be applicable to all vehicular areas:

1.

Off-street parking shall consist of a parking lot, driveway, garage, or combination thereof.

2.

Any area designated as required off-street parking shall not be changed to any other use unless equal facilities are provided elsewhere.

3.

Off-street parking provided with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for that use.

4.

No building permit shall be issued prior to the approval of required vehicular areas, including, where applicable, off parking and loading, and access to public rights-of-way and/or permanent easement.

5.

Off-street parking and/or loading areas shall not encroach within designated landscape buffer areas.

6.

All off-street parking areas shall provide a suitable method of wheel stops to prevent encroachment of any portion of a parked vehicle over the property line or within designated landscape areas.

7.

Any facility that provides drive-through service, such as car washes, cleaners, banks, and fast food restaurants, shall provide adequate storage areas for waiting vehicles that do not interfere with parking area access. The City Engineer based upon projected traffic volumes shall determine the length of drive-through storage.

8.

In computing the number of parking spaces required, the following rules shall govern:

a.

Where fractional spaces result, the parking spaces required shall be the next largest whole number.

b.

When parking spaces are computed on the basis of the number of employees or students, the maximum number present at any one time shall govern.

c.

In the case of mixed use, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

9.

If the existing use of a building or structure shall be increased by the addition of dwelling units, gross floor area, seating capacity or any other measure to increase the intensity of use, the provisions of this ARTICLE shall only apply to the extent of increase in use.

10.

Except as otherwise provided in this ARTICLE, required off-street parking shall be located on the same lot. The Governing Authority as part of the site plan review process may approve joint use of up to one hundred (100) percent of required off-street parking, as well as off-site parking.

11.

The Governing Authority may authorize a reduction in the number of required parking spaces on the basis of credible alternative data certified by a licensed design professional.

12.

For uses not specifically mentioned herein, off-street parking requirements shall be determined by the Planning Director based on ITE published standards.

13.

Parking spaces for the physically challenged shall be located as close as possible to elevators, ramps, walkways, and entrances where users are not compelled to wheel or walk behind other parked cars to reach entrances, ramps, walkways and elevators.

C. - Off-Street Parking Space Requirements.

When any building or structure is hereafter erected, structurally altered, or converted for any of the uses listed below, the following minimum off-street parking spaces shall be provided:

1.

Single Family; Multi-Family Dwellings.

a.

Single Family Dwellings - 2.0 spaces per dwelling unit.

b.

Multi Family Dwellings - 2.0 spaces per dwelling unit.

2.

Cabins/Camps.

a.

Cabins/Camps - 1.0 space for each two beds but not less than one space for each cabin or other habitable facility.

3.

Places of Public Assembly (i.e. auditoriums, theaters, churches).

a.

Places of Public Assembly - 1.0 space for each four seats provided.

4.

Schools.

a.

Schools - 2.0 spaces for each classroom, plus 1.0 space for each ten seats in the auditorium or gymnasium.

5.

Institutions, Clubs, Lodges, and other Public and Semi-Public Buildings (not including hospitals).

a.

Institutions, Clubs, Lodges - 1.0 space per 300 square feet of Gross Leasable Area.

6.

Commercial Uses (Retail Sales).

a.

General Retail Sales - 1.0 space per 200 square feet of Gross Leasable Area.

7.

Commercial Uses (Services).

a.

Bank or Financial Institution - 1.0 space per 250 square feet of Gross Leasable Area, plus 4.0 queue spaces for each drive-thru teller.

b.

Barber/Beauty Shop - 2 per workstation or 1.0 space per 250 square feet of Gross Leasable Area, whichever is greater.

c.

Restaurants (on-site consumption) - 1.0 space per 100 square feet of Gross Leasable Area.

d.

Restaurants (carry-out) - 1.0 space per 100 square feet of Gross Leasable Area, plus 10 queue spaces.

e.

Recreation/Entertainment - 1.0 space per 100 square feet of Gross Leasable Area.

f.

Golf Courses - 6.0 spaces per hole.

g.

Golf Driving Ranges - 1.5 spaces per tee box.

h.

Hotels/Motels - 1.0 space per unit.

i.

Mortuaries - 1.0 space per 100 square feet of Floor Area.

j.

Car Wash - 1.0 space per employee, plus queue spaces as required.

k.

Automotive Sales - 1 per employee and 2 per service stall or 1 per 250 square feet of service area, whichever is greater.

l.

Automotive Repair - 2 per service stall or 1 per 250 square feet of service area, whichever is greater.

m.

Other Services - 1.0 space per 250 square feet of Gross Leasable Area.

8.

Office (Medical).

a.

Hospital - 3.0 spaces per bed, including bassinets.

b.

Medical/Dentists Offices and Clinics - 5.0 spaces per staff physician, plus 1 per employee, based on the largest shift.

c.

Veterinary Clinic - 1.0 space per 300 square feet of Floor Area.

9.

Office (General Use, Not Including Retail).

a.

General Office > 30,000 square feet - 1.0 space per 250 square feet Gross Leasable Area.

b.

General Office < 30,000 square feet - 1.0 space per 300 square feet Gross Leasable Area.

10.

Industrial.

a.

Manufacturing - 1 per 2 employees on the combined 2 largest successive shifts, plus 4.5 per 1,000 square feet of customer service area.

b.

Warehousing - 1.0 space per 1,000 square feet of Gross Leasable Space.

c.

Wholesaling - 1.0 space per 500 square feet of Gross Leasable Space.

D. - Handicapped Parking Spaces.

All off-street parking areas except those providing only valet parking spaces shall reserve for the handicapped the cumulative number of spaces provided below, rounded upward to the next whole space:

1.

First 100 spaces - 1 handicapped space for every 25 spaces or fraction thereof.

2.

Second 100 spaces - 0.5 handicapped space for every 25 spaces or fraction thereof.

3.

3 rd , 4 th , and 5 th 100 spaces - 0.25 handicapped space for every 25 spaces or fraction thereof.

4.

Facilities with from 501 to 1,000 spaces shall provide handicapped spaces totaling 2 percent of the spaces in the parking facility. Larger facilities shall provide 20 handicapped spaces plus 1 handicapped space per 100 spaces over 1,000 spaces in the parking facility.

E. - Allowable Uses of Vehicular Areas.

Except as otherwise provided herein, vehicular areas shall be used solely for:

1.

Parking of motor vehicles of patrons, residents, occupants, guests, visitors, employees, proprietors, officers, or suppliers of the use they serve;

2.

Loading and unloading for such use;

3.

Vehicle circulation and maneuvering;

4.

Other customary accessory uses thereto; and

5.

Temporary parking by authorized construction, maintenance, or repair personnel or public service or utility personnel.

F. - Specifically Prohibited Uses of Vehicular Areas.

Except as otherwise provided herein, the following activities shall not be permitted in any vehicular area:

1.

Motor vehicle dismantling, repair, restoration, or servicing work, nor storage of vehicles undergoing such work.

2.

Offering or display of vehicles or other merchandise for sale, rent, or lease; or;

3.

Storage of any kind;

4.

However, vehicle sale, rental, storage, or repair shall be permitted respectively on the premises of lawful businesses engaged in such sale, storage, or repair, subject to all provisions contained herein, including site plan review and approval by the City of Horn Lake Planning Commission and Governing Authority.

G. - Temporary Uses.

1.

Vehicular areas shall be used temporarily for other than the purposes specified in Section B - such as for carnivals, farmers' markets, or Christmas tree or other merchandise sales - only if authorized as a Temporary Use, and appropriately permitted. The City Engineer, on a case-by-case basis, shall establish surfacing and maintenance provisions for temporary vehicular areas.

H. - Grading, Surfacing and Maintenance.

1.

All permanent vehicular areas shall be graded for proper drainage. Storm water runoff shall be discharged into City storm sewers or in another manner approved by the City Engineer. Water shall not be permitted to drain across public sidewalks or onto abutting lots.

2.

Except as provided herein, all vehicular areas shall be sealed-surface construction such as hot-mix asphalt, or Portland cement concrete. Brick; or pavers, when professionally installed, may be used if approved by the Planning Director. Gravel or loose fill may not be used.

Exception: In recognition of the competing views on limestone driveways and with the understanding that some limestone driveways may have been installed with the permission of prior City and/or County administrations, the Governing Authority hereby deems all limestone driveways existing within the City as of the date of adoption of this ordinance to be legal nonconforming uses conditioned upon the following:

a.

An application for a permit for existing limestone driveways shall be submitted to the Planning Department by September 30, 2006.

b.

The permit shall be renewed by September 30 th each year.

c.

The limestone driveway shall be adjacent and contiguous to an asphalt or concrete driveway.

d.

The limestone driveway shall be completely covered with crushed limestone through which dirt or grass is not showing.

e.

The limestone driveway shall be outlined with wood, metal, plastic, brick, or an appropriate type of edging material (subject to the approval of the City Planner), so as to prevent the spread of the limestone.

f.

The limestone driveway shall be maintained in the same condition as when it is inspected by the City and the original permit is issued.

g.

The permit shall be issued to the current owner(s) of the property and shall only apply to such current owner(s). If the property is sold or if the current owner(s) vacates the property, the permit for the limestone driveway shall be void, and the driveway must immediately be modified to conform to the surface requirements of this ordinance.

h.

If the limestone driveway is not maintained in accordance with the above provisions, the permit shall be revoked.

3.

For commercial properties that have satisfied the requirement for permanent, hard surface parking areas per the Zoning Ordinance, there shall be allowable parking on grass or other unpaved surface in times of a special event or unique circumstance. This allowance is conditioned on the commercial property (and the grass/unpaved area, should said area be a separate property) being compliant with all other provisions of the Zoning Ordinance and all other City ordinances and codes. Further, this allowance shall expire, and all vehicles, trailers, and equipment, of whatsoever type, shall be removed from the grass/unpaved area immediately after the conclusion of the special event, and the area shall be restored to a condition compliant with City ordinances and codes.

4.

All vehicular areas shall be maintained in such a manner that no dust or sedimentation, will result from continuous use.

5.

Load bearing capacity for loading area surfacing shall be certified by a licensed contractor and approved by the City Engineer.

6.

Violators of the provisions of this Section will be cited, and compelled to address specifically cited violations.

(Ord. No. 13-10-2011, § 2, 10-15-2013)

I. - Design Provisions Applying To All Vehicular Areas.

1.

Landscaping - landscaping shall be required within all vehicular areas to the following extent:

a.

No more than 10 contiguous parking spaces shall be provided without benefit of a landscaped island.

b.

Parking aisles shall be terminated at both ends of contiguous aisles with landscape islands.

c.

Landscape islands shall have inside dimensions of not less than 5 feet wide and 17 feet long, or 35 feet long if there is a double row of parking. Each side of the landscaped island shall have a continuous 6-inch high curb of concrete.

d.

Planting islands shall contain at least one tree, low shrubs and ground cover. The Planning Director and Design Review Commission shall approve landscape plans.

e.

If a vehicular area abuts a landscape buffer yard, continuous curbing shall be provided between the vehicular area and the required buffer yard.

2.

Illumination - Illumination shall be fully shielded so as not to produce glare on abutting lots or public streets. Lighting levels shall not exceed 0.5 foot-candles ten feet beyond the subject property line. A photometric analysis of vehicular area lighting levels shall be required, and reviewed by the Design Review Commission or its designated agent for compliance with this standard.

3.

Parking Space Markings - All permanent and approved off-street parking spaces shall be marked by durable painted lines, tiles, curbs, or other means approved by the Building Official that clearly designates individual spaces and distinguishes such spaces from maneuvering, loading, open sales or storage, or other areas on the lot.

J. - Access and Driveways/Curb Cuts.

The City Engineer shall be authorized to develop and implement administrative policies and procedures necessary and desirable to control the design and construction of rights-of-ways and driveways/curb cuts that are consistent with this ARTICLE.

1.

Access.

a.

Vehicular areas shall have access to a public street or alley, or an approved permanent easement of such width and design as to provide a safe and efficient means of vehicular access.

b.

Vehicular areas shall be designed to enable vehicles to enter or leave them moving in a forward direction. Space for vehicle maneuvering necessary for compliance herewith shall be provided on the lot.

c.

Vehicular areas shall be physically separated from the adjoining street(s) by a raised concrete curb/island or other suitable barrier to serve as a barrier against un-channeled vehicular ingress and egress. Except for the driveways/curb cuts permitted below, such barrier shall be continuous for the entire length of any lot line adjoining a street.

2.

Driveways/Curb Cuts.

a.

The number of driveways/curb cuts shall be based on the type of development on the property served; the amount of frontage that property has on a given street; and the classification of the street providing frontage. The City Engineer using the following guidelines shall determine the number of driveways/curb cuts permitted on a given street.

Max. Number of Driveways/
Curb Cuts
Up to 149 feet 1
150 feet to 299 feet 2
Each additional 300 feet 1

 

b.

No driveway/curb cut should be constructed within fifty-feet (50') from the end of radius at intersections.

c.

Driveways/curb cuts should be located directly across from one another or offset from driveways/curb cuts or intersections on the opposite side of the street by at least 150 feet, whenever possible, to avoid cross traffic conflicts.

d.

Driveway widths should adhere to the following general standards:

Residential 12 - 16 feet
Commercial/Office (one-way) 14 - 28 feet
Commercial/Office (two-way) 24-foot throat/44-foot throat/apron
Commercial/Office (three-way) 36-foot throat/56-foot throat/apron
Industrial Maximum of 50 feet

 

e.

Driveways/curb cuts, other than shared driveways/curb cuts, should be located at least ten [feet](10') from any property line.

f.

Multiple commercial, office and industrial driveways/curb cuts on arteria streets are discouraged, while shared driveways/curb cuts and internal access between lots and uses are encouraged.

K. - Dimensional Requirements of Parking Spaces, Queue Spaces, and Driveway Aisles.

1.

Handicapped Parking Spaces.

a.

Minimum dimensions for handicapped parking spaces shall be twelve and one-half (12.5) feet by twenty (20) feet.

2.

Off-Street Queue Spaces.

a.

Minimum dimensions for off-street queue spaces shall be ten (ten)[(10)] feet by twenty (20) feet.

b.

The City Engineer shall determine the appropriate number of off-street queue spaces for specified uses.

3.

Dimensional Requirements For Regular Parking Spaces and Driveway Aisles.

Parking Angle Space Width Space Depth Aisle Width
Parallel 10.0' 23.0' 14.0' One Way
24.0' Two Way
30 deg. 10.0' 17.0' 14.0' One Way
45 deg. 10.0' 19.0' 14.0' One Way
60 deg. 10.0' 20.0' 18.0' One Way
90 deg. 10.0' 18.0' 24.0' Two Way
10.0' 20.0' 22.0' Two Way

 

L. - Off-Street Loading.

1.

Off-street loading space will be provided for applicable commercial and industrial uses and any other use requiring bulk pick-up or delivery. Such off-street loading space will be scaled to the loading demand created by the use of the property and the size of the delivery vehicles used. In no instance will loading or unloading be allowed in a public right-of-way or in space provided to meet off-street parking requirements.

2.

No building or part thereof, heretofore erected, which is used for any of the purposes specified above, shall hereafter be enlarged or extended unless off-street loading is provided in accordance with the provisions of this ARTICLE.

3.

Commercial and/or industrial uses providing no loading spaces shall provide for other facilities approved by the Governing Authority that facilitate loading.

4.

Number and Dimensional Requirements:

a.

Number:

Min. Number of Off-Street Loading Spaces
Less than 40,000 1
40,000- 100,000 2
100,000 - 160,000 3
160,000-240,000 4
240,000 - 320,000 5
320,000 - 400,000 6
Each 90,000 above 400,000 1

 

b.

Dimensions:

1.

Where single unit (SU-30) trucks are specified as the design vehicle, loading spaces shall be eleven (11) feet by thirty (30) feet with a twelve (12) foot height clearance.

2.

Where tractor-trailer or semi-trailer (WB-40) are specified as the design vehicle, loading spaces shall be twelve (12) feet by forty-five (45) feet with a fourteen (14) foot height clearance.

5.

The Governing Authority may waive or modify the requirements of this Section upon finding that a particular use does not require loading spaces of a number or size required by this Section, given the particular operational characteristics of the use and its need for the delivery or shipment of goods to and from the site.

6.

To the maximum extent possible, all loading spaces shall be located between the building and rear lot line of the property and shall be screened from the view of the street and adjacent properties. The details and such location and screening shall be reviewed and approved as part of the site plan for the development.

M. - Off-Street Parking Within Residential Districts.

1.

General Provisions.

a.

In any residential zone district, with the exception of the AR, agricultural-residential zoning district, no parking of motor vehicles shall be permitted in any front yard, except on a sealed-surface that meets the requirements of section H(2) of this Article.

1.

All new driveways, additions, or driveway aprons in residential districts require a permit from the Office of Planning and Development before construction begins.

(Ord. No. 10-04-196, § 2, 4-20-2010)

b.

Recreational equipment such as boats and boat trailers, travel trailers, camper coaches, motorized dwellings, tent trailers, all terrain vehicles and similar equipment stored on lots within any residential zone district shall be subject to the following restrictions:

1.

Recreational equipment as defined above, shall not be occupied for living or sleeping purposes while on the lot;

2.

Recreational equipment as defined above, may be parked or stored for no longer than 72 hours in an actual front or corner side yard for purposes of loading or unloading;

3.

Recreational equipment as defined above, may be parked or stored for over 72 hours, if in good repair and only in following locations:

a)

The recreational equipment shall be parked in a garage, carport, or covered parking space, where one exists on the premises large enough to accommodate the vehicle.

b)

The recreational equipment shall be parked on a paved driveway or widening thereof, located in an actual rear or interior side yard behind the front building line and no less than three (3) feet from any lot line, and no closer than twenty (20) feet to the street right of way.

c.

In zoning districts of R-12 or less, recreational equipment or trailers may be parked in a rear yard without a poured parking pad if a site proof fence is erected.

d.

No travel trailer shall be occupied for a period over fourteen (14) days. No black or gray water shall be discharged onto open land, but rather into a receptacle or holding tank.

e.

Any trailers sixteen (16) feet or less shall be parked on a sealed-surface that meets the requirements of section H(2) of this Article.

f.

Non-compliant vehicles and collector vehicles under repair, recreation equipment, and trailers of any kind or type without current license tags shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. No major vehicle repair shall be allowed in a residential area, only minor changing of belts, tires, fluids and such as can be accomplished in a twenty-four (24) hour period.

(Ord. No. 10-04-196, § 2, 4-20-2010)

g.

No vehicle that meets one or more of the following conditions shall be allowed in a residential district, except to make deliveries.

1.

Trucks with 10 wheels, registered as a commercial vehicle in any state, primarily used for commercial business.

2.

Semi-tractors as previously described shall be allowed to park in residential zoning districts after June 6, 2006, with the following criteria:

(1)

The Governing Authority finds that an owner of a semi-tractor has a legitimate interest in protecting his/her personal, monetary investment in such a vehicle and can do so by parking such vehicle on his/her property. The Governing Authority further finds that the continued vitality of the City depends, among other things, on the preservation of neighborhoods, and that homeownership promotes stability and pride for neighborhoods. Based upon such findings and the City's authority to protect and promote the safety, health, and welfare of its residential neighborhoods, this parking exception for owner-operated vehicles is being implemented subject to the preceding conditions.

a.

Driver must register by January 30, 2007, in the Office of Planning and Development.

(Ord. No. 06-12-170, 12-19-2006)

b.

Driver must own the property on which the vehicle is parked.

c.

Driver must be the owner-operator of said vehicle.

d.

A parking pad must be poured out of heavy duty concrete or asphalt to the interior side yard where possible.

e.

Registrant must follow regulations for percentage of solid surface coverage as set forth in this Ordinance.

f.

Vehicle may not be closer than twenty feet to the street.

g.

Two additional off-street parking spaces as required by the Zoning Regulations must remain in addition to this parking pad.

h.

When registering, driver must present a copy of the property deed and registration papers for vehicle.

i.

If property owner moves to another location within the city, he will be allowed to apply these regulations to that dwelling site.

j.

No new or additional semi-parking areas within residential districts shall be approved following the adoption of this ordinance.

k.

Applicant must register annually before September 30th. Failure to apply shall be cause to revoke permit unless just cause can be proven by appeal before the governing authority.

3.

School buses. Mini-buses (21' or less in length) serving the needs of handicapped students shall be allowed to park in residential zoning districts provided they are parked on a paved or concreted pad and have two additional parking places as required by the Zoning Regulations. No on street parking shall be allowed.

(Ord. No. 07-01-171, 1-2-2007)

4.

Commercial box van vehicles commonly used in construction, electrical or other commercial business type work will be allowed to park, however they must be on a poured parking pad and at least twenty feet from the street.

5.

Any commercial vehicle weighing over two tons including but not limited to wreckers.

2.

Parking Area In Residential Yards.

a.

Within residential zone districts coverage of actual yards by parking areas, driveways or parked vehicles shall not exceed the figures below:

Designated Yard Area Max. Coverage in Percent of Yard
Front or Comer Side 25 %
Interior Side Not Applicable
Rear 50 %

 

b.

On lots within residential zone districts where there is no attached garage and the dimensions of actual side yards and the absence of an alley preclude vehicular access to the interior side and rear yards, maximum coverage of front and corner side may be increased to 35 percent.

c.

Within residential zone districts, with the exception of AR, driveways shall be sealed-surface construction such as asphalt, concrete, or cement concrete. Brick or paving block may be used when approved by the Planning Director and professionally installed.

(Ord. No. 10-04-196, § 2, 4-20-2010)