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Kirksville City Zoning Code

ARTICLE III

OFF-STREET PARKING AND LOADING

Sec. 44-97.- Required parking.

(a)

When units or measurements determining the number of required parking spaces or loading spaces result in a fractional space, any fraction under one-half shall be disregarded, and fractions including and over one-half shall require one parking space or loading space.

(1)

Parking in the central business district. Off-street parking is not required for uses permitted in the central business district. The CBD is the area defined as follows: south right-of-way line of Illinois Street, on the north; east of a line which extends parallel and 215 feet west of the centerline of Main Street, on the west; west right-of-way line of High Street, on the east; and north right-of-way line of Jefferson Street, on the south.

a.

Existing buildings used for residential, business, or a combination of these uses in the CBD do not require off-street parking.

b.

The following exceptions shall apply:

1.

Buildings used as of July 20, 2015, for the purpose of offering retail, or other commercial business in the ground floor space, whose owner wishes to change the use of this ground floor space from retail/commercial to residential living, must provide on-site parking for the residential use. One parking space shall be provided for each bedroom.

2.

In this application, on-site parking shall be defined as specific, reserved parking spaces on the same lot or parcel of land as the structure the parking is intended to serve.

3.

New construction of buildings for business purposes in the area defined above may require construction of off-street parking, dependent upon the type of business that occupies the site. Example: Hotels, motels, theaters, or similar types of businesses that might include convention centers, churches, or community centers, or other places of public assembly may require the construction of off-street parking. The decision of whether new buildings in the area defined above will be required to provide parking, and the amount of parking, will be made by the city council after a recommendation from the planning and zoning commission. A public hearing will not be required.

c.

New construction of buildings for residential purposes, in the CBD, will require off-street parking on the same lot or parcel of land as the residential use. Parking may also be located in a privately owned lot in the same block, or the parking may be located in a privately owned lot across the street from the structure.

(2)

In all other districts not located within the above-described area, the requirements for off-street parking which are in effect as of the effective date of the ordinance from which this article is derived shall continue to apply; provided, however, that after the effective date of the ordinance from which this article is derived, no building or structure shall be erected, constructed or moved, changed in use, nor physically altered so as to increase the floor area of such building or structure, nor shall the interior of any such building or structure be remodeled or renovated where the cost of renovation or remodeling is in excess of 50 percent of the fair market value of such building or structure, unless there already is in existence upon the property, or unless provision is made for the location on the property concurrently with such erection, construction, moving, alteration, change in use, remodeling or renovation, off-street parking space on the basis of the minimum requirements contained herein.

(3)

Minimum off-street parking requirements are:

a.

All required parking and driveway areas are to be hard-surfaced with concrete or asphalt paving.

b.

Tandem parking is allowed for single- and two-family (duplex) residential property given the units have separate driveways.

c.

Any new secondary drive onto the property must be hard-surfaced from the edge of the street to the property line. If the distance from the edge of the street to the property line is less than six feet, a minimum of six feet of the drive must be hard-surfaced, starting at the street edge.

d.

Single-family dwelling: Two parking spaces per dwelling.

e.

Two-family (duplex) dwelling: One parking space per bedroom.

f.

Multifamily dwelling: One parking space per bedroom.

(4)

Hotels. Hotels, including clubs, lodginghouses, boardinghouses, residence halls, motels, tourist and trailer camps and parks, and all other similar places offering short-term overnight accommodations, shall provide at least one parking space for each employee on the largest shift and one parking space for each guestroom. If assembly halls, bars, restaurants, nightclubs, retail shops or room for other shops, services establishments or businesses are provided, additional parking spaces shall be required in accordance with the regulations set forth herein for such additional uses.

(5)

Fraternities, sororities, and similar uses.

a.

One parking space for each member of the organization living on the premises and one parking space for each employee on the largest shift. In addition, where fraternities, sororities, or similar uses have areas inside the main building or accessory to, for the purpose of meetings, social functions, etc., additional parking according to the maximum floor area allowances per occupant shall apply. The most current building code adopted by the city shall be used in determining occupant load. Once the occupant load is established, the parking requirement shall be one parking space for each four occupants as permitted.

b.

In computing total parking requirements in cases where social and meeting areas exist, the additional number of spaces required for social functions, meetings, etc., may be reduced by half of the number required for the residents in the main building. See the formula below to calculate the required parking.

1.

RPS: Parking space for each member of the organization living on the premises.

2.

ESP: Parking space for each employee on the largest shift.

3.

APS: Parking spaces required for accessory uses such as social functions, meetings, etc.

RPS + EPS + (APS x 0.5) = required parking

(6)

Hospitals. Hospitals, including sanitariums, orphanages, convalescent homes, nursing homes, and all other similar institutions, shall provide at least one parking space for each employee, staff member, administrative personnel, and one space for every four visiting doctors, and one parking space for every four patient beds. In determining the total number of spaces required, the greatest number of employees, staff, administrative personnel, and visiting doctors, in any one given shift, shall be used in determining the total number of parking spaces required.

(7)

Restaurants. Restaurants, including bars, taverns, nightclubs, lunch counters, diners and all other similar dining or drinking establishments, shall provide at least one parking space for each employee on the largest shift, and one parking space for every four seats provided for patron use.

(8)

Theaters. Theaters, including motion picture houses, shall provide at least one parking space for each employee on the largest shift, and one parking space for every four seats provided for patron use.

(9)

Places of public assembly. Places of public assembly, including assembly halls, exhibition halls, convention halls, auditoriums, skating rinks, dance halls, bowling alleys, sports arenas, stadiums, gymnasiums, amusement parks, race tracks, fairgrounds, churches, funeral homes, mortuaries, community centers, student centers, libraries, museums, private clubs, lodges and all other places of public assembly, shall provide at least one parking space for each employee on the largest shift, and one parking space for every 400 square feet of gross building area or, if applicable, one parking space for every four seats provided for patron use.

(10)

Retail establishments. Retail establishments, including all retail stores, any retail businesses, banks, other financial and lending institutions, personal service shops, equipment or repair shops, gasoline or other motor fuel stations or motor vehicle sales or repair establishments, shall provide at least one parking space for each employee on the largest shift, and one parking space for every 400 square feet of gross building area. The minimum parking requirement for retail establishments shall be at least four parking spaces. All required parking spaces must be hard-surfaced.

a.

For new or used car dealerships, in conjunction with the employee and building square footage hard surface parking requirements, all new or used vehicles offered for sale must be parked on a hard surface connected with a hard surface driveway that connects to a city street. Any new business start-up for auto sales must be in compliance before a business license will be issued. As of the effective date of the ordinance from which this article is derived, any vehicle dealership currently in business will be grandfathered for the hard surface parking and drive requirements, with the following exception: Any parking of vehicles on dealerships that are grandfathered must be parked on good rock-based parking areas and not on dirt or parking areas that would be muddy when wet conditions are present.

b.

Special displays of vehicles temporarily parked on grass or other surfaces for aesthetic purposes is not considered a violation of this section.

(11)

Office buildings. Office buildings, including commercial, government and professional buildings, and medical and dental clinics, shall provide at least one parking space for each employee on the largest shift, and one parking space for every 400 square feet of gross building area. The minimum parking requirement for office buildings shall be four parking spaces.

(12)

Wholesale manufacturing and industrial plants. Wholesale manufacturing and industrial plants, including warehouses,

storage buildings, and yards, public utility buildings, contractor equipment and lumber yards, research laboratories, business service establishments, such as blueprinting and engraving, soft drink bottling establishments, fabricating plants and all other structures devoted to similar mercantile or industrial pursuits, shall provide at least one parking space for each employee in the shift with the greatest number of employees, and one parking space for every 200 square feet of area accessible to patrons. For buildings used for storage purposes only, where there is no additional personnel hired for their operation, a minimum of two parking spaces shall be required.

(13)

Terminal facilities. Terminal facilities, including airports, and freight stations, bus depots, truck terminals and all other similar facilities, shall provide at least one parking space for each employee, and one parking space for every 200 square feet of area accessible to patrons.

(14)

Schools. Schools, including academies, colleges, universities, elementary schools, junior high schools, high schools, prep schools and all other similar institutions of learning, shall provide at least one parking space for each employee in the shift with the greatest number of employees, and one parking space for every three students 16 years of age or older.

(b)

All uses please note: In determining total parking requirements for uses other than a specific use group previously regulated in this section and shift work is the mode of operation, the shift having the greatest number of employees shall be considered.

(Code 1989, app. A, § 25-31; Ord. No. 10904, 3-19-1990; Ord. No. 11029, § 4, 4-6-1992; Ord. No. 11296, 6-16-1997; Ord. No. 11996, § 1, 3-19-2012; Ord. No. 12157, § 4, 4-20-2015; Ord. No. 12162, §§ 1, 2, 7-20-2015; Ord. No. 12165, § 1, 8-3-2015; Ord. No. 12171, § 1, 9-21-2015; Ord. No. 12277, § 1(25-31), 4-16-2018)

Sec. 44-98. - Required loading space.

No building or structure shall be erected or changed in use, and no extensions, major repairs or substantial alterations shall be made to an existing building or structure in any district, except in the CBD, where no off-street parking is required, unless there already is in existence upon the lot, or unless provision is made for the location on the lot concurrently with such erection or change of use, off-street loading space on the basis of the following requirements:

(1)

Every department store, freight terminal, hospital or sanitarium, industrial plant, manufacturing establishment, retail business, storage warehouse or wholesale establishment, which has an aggregate floor area of 10,000 square feet or more, arranged, intended or designed for such use shall provide off-street loading spaces in accordance with the following table:

Aggregate floor area devoted to such useRequired number of loading spaces
From 10,000 up to 40,000 square feet 1
Over 40,000 up to 100,000 square feet 2
Over 100,000 up to 160,000 square feet 3
Over 160,000 up to 250,000 square feet 4
For each additional 100,000 over 250,000 square feet 1 additional space

 

(2)

Every auditorium, convention hall, exhibition hall, funeral home, hotel, multifamily dwelling, office building, restaurant, sports arena or welfare institution, which has an aggregate floor area of 10,000 square feet or more, arranged, intended or designed for such use shall provide off-street loading spaces in accordance with the following table:

Aggregate floor area devoted to such useRequired number of loading spaces
From 10,000 up to 50,000 square feet 1
Over 50,000 up to 150,000 square feet 2
Over 150,000 up to 300,000 square feet 3
For each additional 150,000 over 300,000 square feet 1 additional space

 

(Code 1989, app. A, § 25-32; Ord. No. 10904, 3-19-1990; Ord. No. 11296, 6-16-1997; Ord. No. 11813, 11-6-2007)

Sec. 44-99. - Locations.

(a)

In addition to the regulations listed in this section, in some special circumstances a driveway may be allowed in the front yard. These circumstances include when:

(1)

The lot has access to an alley with unimproved grass surface or no gravel;

(2)

The lot has access to a non-through alley;

(3)

The lot has access to an alley where sections are less than 12 feet wide due to obstacles, such as structures, trees or utility poles, which may inhibit through traffic; or

(4)

The dwelling meets qualifying American with Disabilities Standards.

(b)

In addition, off-street parking locations must meet the following:

(1)

Commercial and industrial zoned districts. The parking facilities required shall be on the same lot or parcel of land as the structure they are intended to serve.

(2)

Exclusively residential land uses in commercial and industrial zoned districts.

a.

Corner lots.

1.

Rear yard. Parking and driveways shall be located within the rear yard.

2.

Side yard. Parking and driveways may be located within the interior side yard. A driveway may be located in the exterior side yard, given the edge of the driveway is no closer than 25 feet from the front building line.

3.

Front yard. Where all parking locations within the rear and side yards have been maximized, a driveway may be located in the front yard if the lot has an existing driveway or existing driveway approach. A new driveway may also be located in the front yard if more than half of the lots on both sides of the street and within one block have existing driveways or existing driveway approaches. A newly constructed driveway within the front yard shall be located parallel and adjacent to an interior side lot line.

b.

Interior lots.

1.

Rear yard. Parking and driveways may be located within the rear yard.

2.

Side yard. Parking and driveways may be located within the interior side yards.

3.

Front yard. A driveway may be located in the front yard to gain access to parking which may be located in an interior side yard or rear yard. A driveway may be located in the front yard if the lot has an existing driveway or existing driveway approach. A new driveway may also be located in the front yard if more than half of the lots on both sides of the street and within one block have existing driveways or existing driveway approaches. A newly constructed driveway within the front yard shall be located parallel and adjacent to an interior side lot line.

c.

Through lots.

1.

Rear yard. No more than two driveways may be located within the rear yard. The width of each driveway shall not exceed 40 percent of the lot width. The area of each driveway shall not exceed 40 percent of the front yard. When two separated driveways are

located within the front yard, the driveways shall be located parallel and adjacent to an interior side lot line. Said driveways shall be separated by an area of greenspace extending from the street edge or back of curb to the front building line.

2.

Side yard. Parking and driveways may be located within the interior side yards.

3.

Front yard. A driveway may be located in the front yard if the lot has an existing driveway or existing driveway approach. A new driveway may also be located in the front yard if more than half of the lots on both sides of the street and within one block have existing driveways or existing driveway approaches. A newly constructed driveway within the front yard shall be located parallel and adjacent to an interior side lot line.

(3)

Single-family residential zone, central neighborhood district; two-family residential zone; two-family special residential zone; and planned mobile home park zone.

a.

Corner lots.

1.

Rear yard. Parking and driveways shall be located within the rear yard.

2.

Side yard. Parking and driveways may be located within an interior side yard. A driveway may be located in the exterior side yard, given the edge of the driveway is no closer than 25 feet from the front building line.

3.

Front yard. Where all parking locations within the rear and side yards have been maximized, a driveway may be located in the front yard if the lot has an existing driveway or existing driveway approach. A new driveway may also be located in the front yard if more than half of the lots on both sides of the street and within one block have existing driveways or existing driveway approaches. A newly constructed driveway within the front yard shall be located parallel and adjacent to an interior side lot line.

b.

Interior lots.

1.

Rear yard. Parking and driveways may be located within the rear yard.

2.

Side yard. Parking and driveways may be located within the interior side yards.

3.

Front yard. A driveway may be located in the front yard to gain access to parking which may be located in an interior side yard or rear yard. A driveway may be located in the front yard if the lot has an existing driveway or existing driveway approach. A new driveway may also be located in the front yard if more than half of the lots on both sides of the street and within one block have existing driveways or existing driveway approaches. A newly constructed driveway within the front yard shall be located parallel and adjacent to an interior side lot line.

c.

Through lots.

1.

Rear yard. No more than two driveways may be located within the front yard. The width of each driveway shall not exceed 40 percent of the lot width. The area of each driveway shall not exceed 40 percent of the front yard. When two separated driveways are located within the front yard, the driveways shall be located parallel and adjacent to an interior side lot line. Said driveways shall be separated by an area of greenspace extending from the street edge or back of curb to the front building line.

2.

Side yard. Parking or driveways may be located within the interior side yards.

3.

Front yard. A driveway may be located in the front yard if the lot has an existing driveway or existing driveway approach. A new driveway may also be located in the front yard if more than half of the lots on both sides of the street and within one block have existing driveways or existing driveway approaches. A newly constructed driveway within the front yard shall be located parallel and adjacent to an interior side lot line.

(4)

Central business district zone inside the central business district; central mixed district, square; central mixed district, general; central mixed district, corridor.

a.

Corner lots.

1.

Rear yard. Parking and driveways shall be located within the rear yard.

2.

Side yard. Parking and driveways may be located with an interior side yard. Parking and driveways shall not be located within an exterior side yard.

3.

Front yard. Parking and driveways shall not be located within the front yard.

b.

Interior lots.

1.

Rear yard. Parking and driveways shall be located within the rear yard.

2.

Side yard. Parking and driveways may be located within one interior side yard.

3.

Front yard. Parking and driveways shall not be located within the front yard.

c.

Through lots.

1.

Rear yard. Parking and driveways shall be located within the rear yard.

2.

Side yard. Parking and driveways may be located within one interior side yard.

3.

Front yard. Parking and driveways shall not be located in any front yard.

(5)

Multifamily residential zone, multifamily special residential zone, general residential zone, general special residential zone, central neighborhood district; multifamily, office zone, and central business district zone outside the central business district.

a.

Corner lots.

1.

Rear yard. Parking and driveways shall be located within the rear yard.

2.

Side yard. Parking and driveways may be located within the interior side yard. A driveway may be located in the exterior side yard, given the edge of the driveway is no closer than 25 feet from the front building line.

3.

Front yard. Where all parking locations allowed within the rear and side yards have been maximized, a driveway may be located within the front yard. A driveway within the front

yard shall be located parallel and adjacent to an interior side lot line.

b.

Interior lots with alley access.

1.

Rear yard. Parking and driveways shall be located within the rear yard when possible, with the exception of single- and two-family dwellings, which may locate parking and driveways within the rear yard.

2.

Side yard. Parking and driveways may be located within the interior side yards.

3.

Front yard. Where all parking locations allowed within the rear and side yard have been maximized, excluding single- and two-family dwellings, a driveway may be located within the front yard. A driveway within the front yard shall be located parallel and adjacent to an interior side lot line. For single- and two-family dwellings, a driveway may be located in the front yard if the lot has an existing driveway or existing driveway approach. A new driveway may also be located in the front yard if more than half of the lots on both sides of the street and within one block have existing driveways or existing driveway approaches. Newly constructed driveways within the front yard shall be located parallel and adjacent to an interior side lot line.

c.

Interior lots without alley access.

1.

Rear yard. Parking and driveways may be located within the rear yard.

2.

Side yard. Parking or driveways may be located within the interior side yard.

3.

Front yard. No more than two driveways may be located within the front yard. The width of each driveway shall not exceed 40 percent of the lot width. The area of each driveway shall not exceed 40 percent of the front yard. When two separated driveways are located within the front yard, the driveways shall be located parallel and adjacent to an interior side lot line. Said driveways shall be separated by an area of greenspace extending from the street edge or back of curb to the front building line.

d.

Through lots.

1.

Rear yard. No more than two driveways may be located within the rear yard. The width of each driveway shall not exceed 40 percent of the lot width. The area of each driveway shall not exceed 40 percent of the rear yard. When two separated driveways are located within the rear yard, the driveways shall be located parallel and adjacent to an interior side lot line. Said driveways shall be separated by an area of greenspace extending from the street edge or back of curb to the front building line.

2.

Side yard. Parking or driveways may be located within the interior side yards.

3.

Front yard. Where all parking locations allowed within the rear and side yard have been maximized, excluding single- and two-family dwellings, a driveway may be located within the front yard. A driveway within the front yard shall be located parallel and adjacent to an interior side lot line. For single- and two-family dwellings, a driveway may be located in the front yard if the lot has an existing driveway or existing driveway approach. A new driveway may also be located in the front yard if more than half of the lots on both sides of the street and within one block have existing driveways or existing driveway approaches. Newly constructed driveways within the front yard shall be located parallel and adjacent to an interior side lot line.

(6)

New construction of residential and mixed land uses within the central business district. The required off-street parking facilities shall be located within the rear yard or one interior side yard. Parking may also be located in a privately owned lot in the same block, or the parking may be located in a privately owned lot across the street from the structure.

(7)

Institutional land uses. Universities, hospitals, and large industries where lands owned by or controlled by the main or principal owner shall be permitted to have parking serving these uses on separate lot parcels from the main facilities.

(8)

Interior block row houses. In R-1 districts, the required off-street parking or loading spaces for residential buildings shall not be located in a front yard, provided that where a whole block is developed or is being developed with row houses that face toward the interior of the block, each separate lot containing one dwelling unit within such a row house may be provided for with two off-street parking spaces of not more than 360 square feet in the front yard area, so long as there is no other off-street parking space upon any part of such separate lot.

(9)

Off-street loading facilities. The off-street loading facilities required herein shall in all cases be on the same lot or parcel of land as the structure they are intended to serve. In no case shall the required off-street loading space be a part of the area used to satisfy the off-street parking requirements contained herein.

(10)

Off-street parking limitations. The off-street parking facilities required shall be on the same lot or parcel of land as the structure they are intended to serve or when the planning and zoning commission determines that the development of the area, the topography of the lot or some other physical feature makes it impractical to establish them upon the same lot and the commission gives its written approval, under the rules set forth in article II of this chapter, then such off-street parking facilities shall be within 200 feet of the premises they are intended to serve. Off-street parking facilities intended to serve a particular structure shall be located in the same district, provided that they need not, in any event, be in a less restricted use district than district CBD.

(Code 1989, app. A, § 25-33; Ord. No. 10904, 3-19-1990; Ord. No. 11296, 6-16-1997; Ord. No. 12277, § 1(25-33), 4-16-2018)

Sec. 44-100. - Utilizing the undeveloped public right-of-way for parking.

(a)

To utilize the undeveloped public right-of-way for the creation of new parking, the property owner must complete and submit a right-of-way permit application with site plans that reflect the required design standards. The right-of-way permit application must be approved by the city engineer. No right-of-way permit application will be approved if:

(1)

The right-of-way is less than ten feet in width;

(2)

The right-of-way is less than 21 feet in length;

(3)

Healthy street trees with a trunk circumference of three feet or greater will be removed;

(4)

Current or proposed city utilities are located or planned within the right-of-way;

(5)

Written concurrence of the right-of-way development has not been obtained by all property owners abutting the right-of-way;

(6)

Any conflicts with section 32-69(8).

(b)

The city reserves the right to repeal a previously approved right-of-way permit if the right-of-way is needed for public utility use or other public use deemed necessary by the city.

(c)

For every street tree removed from the right-of-way, the property owner must plant a replacement tree on their property within a ten-foot radius of the location of the removed street tree. The replacement tree shall be planted at a maximum distance of four feet from the edge of the public right of way. See chapter 32, article VIII.

(d)

Parking constructed within the right-of-way must meet the following design standards:

(1)

The length of the parking area must be curbed along the inside of the parking area;

(2)

The parking area must be sloped toward the street at a two percent grade to allow for proper drainage;

(3)

The parking area shall be a minimum of six-inch Portland cement concrete or six-inch asphaltic concrete;

(4)

Parking stalls must be nine feet in width and 18 feet to 21 feet in length; and

(5)

The parking area shall be appropriately striped.

(e)

Undeveloped public rights-of-way may be developed into on-street public parking so long as the length of this parking area extends from block corner to block corner or from block corner to alley. It is the financial and general responsibility of the property owner constructing the on-street public parking to connect to any adjoining and pre-existing parking areas to ensure continuity and connectivity.

(f)

The newly constructed parking areas shall be properly striped with white paint. Stripes must be six inches in width. The initial painting and future maintenance of striping of newly constructed parking areas within the right-of-way after the passage of this Code shall be carried out at the developer's and/or abutting property owner's expense for properties outside the central business district.

(Code 1989, app. A, § 25-34; Ord. No. 10904, 3-19-1990; Ord. No. 11296, 6-16-1997; Ord. No. 12277, § 1(25-34), 4-16-2018)

Sec. 44-101. - Mixed-use parking calculations.

(a)

Nothing in this article shall be construed to prevent the joint use of off-street loading or off-street parking space, for two or more buildings or uses, if the total of such spaces when used together shall not be less than the sum of the requirements for the various individual uses computed separately.

(b)

When units or measurements determining the number of required parking spaces, loading spaces, or bedrooms result in a requirement of a fractional space, any fraction under one-half shall be disregarded, and fractions including and over one-half shall require one parking space, loading space, or bedroom.

(c)

Calculating required parking for mixed-use developments. In the case for mixed-use developments that combine land uses into a single building, the parking calculation for the development shall be calculated as follows:

(Parking spaces required for residential use multiplied by 0.75), plus (parking spaces required for additional use multiplied by 0.75), plus possible loading space requirement equals parking required for the mixed-use development.

Example: Builder A is seeking to build mixed-use development that will have two, two bedroom residential units located on the second floor and a 2,400 square foot retail establishment on the first floor where the largest shift includes four employees. According to section 44-97(a)(10), one parking space is required for every 400 square foot of retail space and one parking space for every employee on the largest shift. Different uses will have different requirements on calculating parking and should be followed accordingly per section 44-97.

(1)

STEP 1: Calculate the parking spaces required for the residential use.

4 bedrooms x 1 parking space per bedroom = 4 parking spaces.

(2)

STEP 2: Calculate the parking spaces required for the additional use (retail).

4 parking spaces for the largest shift + (2,400 square feet of retail space/400 square feet per parking space) = 10 parking spaces required for additional use.

(3)

STEP 3: Multiply the parking spaces required per use by 0.75 and add together to determine the parking spaces required for the mixed-use development.

Residential use (4 Parking Spaces x 0.75) = 3
+
Additional use (10 Parking Spaces x 0.75) = 8 (Round up from 7.5)
Parking required for the mixed-use development = 11 Parking Spaces

 

(Code 1974, § 25-35; Ord. No. 10904, 3-19-1990; Ord. No. 11296, 6-16-1997; Ord. No. 12277, § 1 (25-35), 4-16-2018)

Sec. 44-102. - Submitting plans.

Plans shall be submitted to the zoning administrator to show how required parking or off-street loading spaces will be arranged in the area and to indicate space for parking maneuvers as well as adequate access to the area.

(Code 1974, § 25-36; Ord. No. 10904, 3-19-1990; Ord. No. 11296, 6-16-1997; Ord. No. 12277, § 1(25-36), 4-16-2018)

Sec. 44-103. - Continuing nature of obligation; discontinuing, etc., structure.

(a)

The schedule of requirements for off-street parking space and off-street loading space applicable to newly erected or substantially altered structures shall be a continuing obligation of the owner of the real estate on which any such structure is located so long as the structure is in existence and its use requiring vehicle parking or vehicle loading facilities continues.

(b)

It shall be unlawful for an owner of any building affected by this article to discontinue, change or dispense with or to cause the discontinuance, sale or transfer of such structure, without establishing alternative vehicle parking or loading space which meets the requirements of and is in compliance with this article, or for any person to use such building without obtaining the use of sufficient land for vehicle parking or loading space to meet the requirements of this article.

(Code 1974, § 25-37; Ord. No. 10904, 3-19-1990; Ord. No. 11296, 6-16-1997; Ord. No. 12277, § 1(25-37), 4-16-2018)

Sec. 44-104. - Maintenance of parking facilities and design specifications.

(a)

General. All off-street parking facilities required by this article shall be surfaced, drained and periodically maintained by the owner or operator, and such facilities shall be arranged for convenient access and safety of pedestrians and vehicles. No open area in an off-street parking area shall be encroached upon by buildings, storage, sales, repair work, dismantling or servicing of any kind or any other use.

(b)

Design specifications. All parking plans for uses must first be submitted to the city engineer and code enforcement director for review

and approval. Proper entrances, curbs, lanes and signage must be shown. All plans must be to scale and be competently drawn.

(c)

Surface.

(1)

Residential (light traffic): Minimum four-inch Portland cement concrete or six-inch asphaltic concrete;

(2)

Commercial (heavy loads): Minimum six-inch Portland cement concrete or eight-inch asphaltic concrete;

(3)

Alternate design specification:

a.

Residential (light traffic): Six-inch full depth asphaltic concrete or four-inch asphaltic concrete with five inches of untreated aggregate subbase, equivalent with MSHTD specifications for Type 2 aggregate for base, either gradation A or gradation B. The subbase would need to be compacted to 100 percent of standard maximum density.

b.

Commercial (heavy loads): Eight-inch full depth asphaltic concrete, or six-inch depth asphaltic concrete with five inches of untreated aggregate subbase, equivalent to MSHTD specification for Type 2 aggregate for base, either gradation A or gradation B. The subbase would need to be compacted to 100 percent of standard maximum density.

(d)

Drainage. Plans of parking areas must be so designed to allow proper runoff without creating damage to surrounding properties. Plans must be submitted to the code enforcement director and city engineer and approved prior to construction.

(e)

Subbase. 95 percent density is required for base prior to construction of parking area.

(f)

Curbs, parking lots, sidewalks. Curbs will be required in all parking areas/lots other than one- and two-family residential. Entrances from public streets shall be six-inch minimum depth from the physical street connection to the property line. All parking lots, sidewalks and walkways to parking areas shall be required to have reinforcements installed in all concrete that is less than six-inch in depth. Concrete poured at a depth of six-inch or greater will not require reinforcement. Reinforcements shall be a minimum of number three rebar (three-eighths-inch diameter bar) on no more than 24-inch centers. If using fiber mesh in the concrete mix, the rebar reinforcement can be placed at no more than 42-inch centers. Sidewalks only shall have the option of using a six-inch by six-inch welded wire mesh of ten gauge steel, minimum, for its reinforcement.

(g)

Parking area/lot setback.

(1)

The back of the curb shall not be closer than four feet to a property line on 90 degree parking, two feet on 60 degree and 45 degree parking patterns, and a minimum of one foot curb setback is required for parallel parking.

(2)

Parking on corner lots shall not obstruct the vision of traffic approaching the intersection from any direction.

(h)

Dimensions of parking and other paved areas. Parking stall dimensions shall not be less than nine feet by 18 feet for both commercial and residential developments, plus the necessary space for maneuvering into and out of the space. For parking lots the minimum cross dimensions shall be as follows:

(1)

Two-way drive.

a.

90 degree pattern: Single-loaded aisle: 44 feet;

b.

90 degree pattern: Double-loaded aisle: 63 feet;

c.

60 degree pattern: Single-loaded aisle: 45 feet;

d.

60 degree pattern: Double-loaded aisle: 66 feet;

e.

45 degree pattern: Single-loaded aisle: 43 feet;

f.

45 degree pattern: Double-loaded aisle: 63 feet;

g.

30 degree pattern: Single-loaded aisle: 41 feet; and

h.

30 degree pattern: Double-loaded aisle: 58 feet.

(2)

One-way drive.

a.

90 degree pattern: Single-loaded aisle: 42 feet;

b.

90 degree pattern: Double-loaded aisle: 63 feet;

c.

60 degree pattern: Single-loaded aisle: 38 feet;

d.

60 degree pattern: Double-loaded aisle: 60 feet;

e.

45 degree pattern: Single-loaded aisle: 33 feet;

f.

45 degree pattern: Double-loaded aisle: 52 feet;

g.

30 degree pattern: Single-loaded aisle: 29 feet;

h.

30 degree pattern: Double-loaded aisle: 46 feet; and

i.

Parallel spaces: Nine by 21 feet each space.

(i)

Turning movement to take place in parking lot; exceptions. Parking lots shall be designed so that vehicles exiting a parking lot shall conduct their turning movement on the lot so served. Exception: one- and two-family dwellings, and when projects use alleys for parking lot access and in the cases of dead ends, or low traffic orientated streets, backing onto these public thoroughfares shall be permitted. Note: Determination of eligible streets shall be made by the city engineer and zoning administrator.

(Code 1989, app. A, § 25-39; Ord. No. 10904, 3-19-1990; Ord. No. 11029, § 5, 4-6-1992; Ord. No. 11813, 11-6-2007; Ord. No. 11996, § 1, 3-19-2012; Ord. No. 12277, § 1(25-39), 4-16-2018)

Sec. 44-105. - Changes in requirements.

The number of parking or loading spaces required upon the erection, change in use, or substantial alteration of a building shall not be reduced, except upon approval of a variance by city council, after receiving a recommendation by the planning and zoning commission, and after proof that, by reason of diminution in floor area, seating, number of employees or change in other factors controlling the requirements for parking or loading spaces, the proposed reduction is consistent with the provisions of this article. Whenever, after March 19, 1990, an increase in floor area, seating, number of employees or other factors or changes in the use of a building or structure creates a need for an increase of more than 25 percent of the number of off-street parking or loading spaces, as determined by the requirements of this article, more off-street parking or loading space facilities of such change shall be provided within 180 calendar days on the basis of such adjusted needs, as determined by this article.

(Code 1989, app. A, § 25-40; Ord. No. 10904, 3-19-1990; Ord. No. 11296, 6-16-1997; Ord. No. 11813, 11-6-2007)

Sec. 44-106. - Use of required parking by another building.

(a)

Except as provided in a planned zoning district or a mixed-use development, no part of an off-street parking area required for any building or use for the purpose of complying with this article shall be included as a part of an off-street parking area similarly required for another building or use, unless the planning and zoning commission determines from the type of the structure or other proof that the periods of usage for such building shall not be simultaneous with each other and is approved by the city council, after receiving a recommendation by the planning and zoning commission.

(b)

Note: In the case of occupancy style that would not necessitate the need for parking or loading space as required in this article, then such parking or loading space requirements may be varied by city council, after receiving a recommendation by the planning and zoning commission at the request of the owner/developer.

(Code 1989, app. A, § 25-41; Ord. No. 10904, 3-19-1990; Ord. No. 11029, § 6, 4-6-1992; Ord. No. 11296, 6-16-1997; Ord. No. 11813, 11-6-2007; Ord. No. 12277, § 1(25-41), 4-16-2018)