(a)

Applicability of Parking Requirements. For all buildings and uses established after the effective date of this ordinance, off-street parking shall be provided as required by this Article.

(1)

Whenever use of a building or lot is changed to another classification of use, off-street parking facilities shall be provided as required by this Article.

(2)

If the intensity of use of any building or lot is increased, through the addition of floor area, increase in seating capacity or other means, additional off-street parking shall be provided for such increase in intensity of use.

(3)

Off-street parking facilities in existence on the effective date of this ordinance shall not be reduced below the requirements of this Article.

(4)

An area required for off-street parking shall not be changed to another use, unless equal facilities are provided elsewhere in accordance with the provisions of this Article.

(b)

Required Off-Street Parking Spaces. The minimum number of required off-street parking spaces shall be provided on premise, in accordance with Table 18.01(b), or as otherwise allowed by this Article.

(1)

Fractional Spaces. When units or measurements determining the number of required parking spaces result in a fraction over one-half a full parking space shall be required.

(2)

Uses not Listed. For uses not specifically listed in Table 18.01(b), the required parking shall be in accordance with that of a similar use as determined by the county or city, based on documentation provided by the applicant regarding the specific parking needs of the use.

(3)

Bench Seating. In calculating bench seating for places of assembly, each 24 inches of bench, pew or similar seating facilities shall be counted as one seat; except, if specifications and plans filed with the county or city denote a certain seating capacity that may be used as the basis for required parking space.

(4)

Employees. Where the number of spaces required is based on the number of employees, calculations shall be based upon the maximum number of employees likely to be on the premises during the peak shift.

(5)

Floor Area. Unless otherwise indicated, floor area shall be gross floor area (GFA) as defined in Article 31.

(6)

Occupancy. Where parking requirements are based upon maximum seating or occupancy capacity, the capacity shall be as determined by the building code and the fire code.

Table 18.01(b)
Required Off-Street Parking Spaces

(7)

Maximum Allowed Parking. While it is the intent of this ordinance to ensure that adequate off-street parking is available in conjunction with all uses, it is also recognized that excessive paved areas reduce aesthetics, create excess heat and glare and contribute to high rates of storm water runoff. Therefore, the maximum parking permitted for any nonresidential use shall not exceed the minimum parking space requirements by more than 20 percent, unless additional parking is granted by approval of the board of zoning appeals. In granting such additional space, the board of zoning appeals shall determine that added parking will be required, based on documented evidence, to accommodate the use on a typical day. The board of zoning appeals may require that additional spaces be constructed with alternative paving materials, such as permeable/grass pavers or pervious concrete.

(8)

Additional Parking. The Enforcement Official may require a land owner to provide additional off-street parking, even if the number of off-street parking spaces provided meets the minimum requirement for the established use, if customers or employees are consistently required to park on a street where on-street parking is prohibited or on other properties due to a lack of available off-street parking.

(c)

CBD1 Downtown District Parking.

(1)

Within the CBD1 Downtown District, re-use of existing buildings that were in existence prior to the effective date of this ordinance shall be exempt from the parking requirements of this section and such buildings may be renovated or reoccupied without the need to provide additional parking. Any expansion to an existing building shall be required to provide additional parking for the expanded floor area, subject to paragraph (2) below.

(2)

Any new non-residential building less than 5,000 square feet in gross floor area in the CBD1 Downtown District shall not be required to provide off-street parking. A new non-residential building larger than 5,000 square feet shall be required to provide parking calculated for the gross floor area in excess of the first 5,000 square feet. If the city has established a special assessment district or similar funding mechanism to provide public parking in the downtown, the parking requirements of this article may be satisfied through a payment in lieu of on-site parking to the special assessment district or fund.

(3)

Any new residential building in the CBD1 Downtown District shall be required to provide off-street parking in accordance with this section.

(d)

Collective and Shared Parking. Two or more buildings or uses may use a common parking facility. The total number of parking spaces provided shall be equal to the required number of spaces for all of the uses computed separately. Cumulative parking requirements for mixed-use developments or shared facilities may be reduced by the Enforcement Official subject to the standards of Table 18.01(e), Shared Parking Table. Where uses are on separately-owned lots, a legal agreement for shared parking shall be recorded and a copy provided to the county or city before a certificate of occupancy is issued.

(e)

Reduction of Parking Requirements. The enforcement official may reduce the parking requirements based upon the following provisions.

(1)

A high proportion of multi-purpose visits are expected or uses have significantly different peak parking demands during the day or days of the week (such as offices and restaurants or churches and retailers). Pedestrian connections shall be maintained between the uses. For separate lots, they shall have pedestrian and vehicular connections between the lots. Shared parking agreements shall be filed with the county or city after approval and before a certificate of occupancy is issued.

(2)

Convenient municipal off-street parking or on-street spaces located along the site's frontage are available.

(3)

Expectation of walk-in business due to sidewalk connections to adjacent residential neighborhoods or employment centers.

(4)

Availability of other forms of travel, such as transit or non-motorized transportation, that can reasonably be expected to reduce parking demand. The enforcement official may require pedestrian connections be provided to nearby transit stops or similar facilities.

(5)

Where the applicant has provided a parking study that demonstrates that another standard would be more appropriate based on actual number of employees, expected level of customer traffic or actual counts at a similar establishment.

(6)

MU Mixed-Use District.

a.

Shared Parking Without a Study. In the Mixed-Use (MU) district, the minimum total number of required number of off-street parking spaces may be determined by the following procedures:

1.

Multiply the minimum required parking for each individual use category as determined by the Enforcement Official, excluding spaces reserved for use by specified individuals or classes of individuals (for example, accessible spaces or spaces posted as "reserved"), by the appropriate percentage listed in Table 18.01(e), Shared Parking Table, for each of the designated time periods.

2.

Calculate a sum for all uses for each of the five columns. The minimum parking requirement is the highest of these sums.

3.

In general, the maximum reduction shall be 25 percent. However, a greater reduction is permitted, provided that the applicant banks sufficient land for each parking space in excess of the 25 percent reduction that is not constructed in accordance with Subsection (3) below.

Table 18.01(e)
Shared Parking Table

b.

Shared Parking with a Parking Study. As an alternative to following the provisions in Paragraph a., Shared Parking Without a Study, above, an applicant may submit a parking study in accordance with Subsection (c), above, except that the enforcement official, rather than the Board of Zoning Appeals, may approve or deny the reduced parking request.

(7)

Mixed Use District and B1 Neighborhood Business Adjoining R1E Waterfront Residential. Legal on-street parking spaces may be used to satisfy or partially satisfy the minimum parking requirements of this Article. On-street parking spaces are in no way limited by use to customers, employees or visitors of the associated use. Such parking spaces shall be available to the general public. The accrual of on-street parking credit shall be in accordance with the following:

a.

Any on-street parking space shall be located on a public street directly adjoining and on the same side of the street as the associated use.

b.

Bus stops, clear zones adjacent to curb cuts, and other areas in which parking is prohibited shall not be included in the calculation of on-street parking credit.

c.

For the purposes of this Section, an on-street parking space shall be a minimum of 20 feet in length. The number of on-street parking credits that a use receives shall be calculated along the perimeter of the subject property.

(8)

Bicycle Parking.

a.

Bicycle parking may substitute for up to five percent of required parking spaces as set forth in Table 18.01(b), Required Off-Street Parking Spaces, in accordance with the following calculation method:

For every five bicycle parking spaces provided in excess of those required by Table 18.02(j), the vehicle parking minimum requirement shall be reduced by one space. Existing parking may be converted to take advantage of this provision.

(f)

Banked Parking.

(1)

Where a reduction in the number of parking spaces is not warranted, based on the criteria in subsection (f), but an applicant demonstrates that the required parking requirements for a proposed use is not immediately necessary, the enforcement official may defer some of the parking. The site plan shall designate portions of the site for future construction of the required parking spaces, indicating the location, layout, and number of deferred spaces. The designated area for future parking shall be maintained in a landscaped appearance and shall not be located within required greenbelts or parking lot setback areas or be used for any other purpose.

(2)

The banked parking shall meet ordinance requirements, if constructed. Construction of the deferred parking to add parking spaces may be initiated by the owner or required by the county or city, based on parking needs or observation, and shall require administrative approval of an amended site plan. The county or city may request a performance guarantee to cover the cost of developing the deferred parking lot.

(g)

Use Limitations.

(1)

Off-street parking areas are intended only for temporary vehicle parking for public safety by keeping parked cars off the streets. Except when land is authorized to be used as storage space in connection with the business of a repair or service garage, parking areas or open land shall not be used for storage or parking of wrecked or junked vehicles.

(2)

It shall be unlawful to use a parking lot or open area for the storage of merchandise, materials, trucks, trailers, construction trailers, recreational vehicles and equipment, except for uses approved for this purpose. This provision shall not apply to areas designated for fleet and company vehicles, provided they are located in the side and rear yards.

(3)

The parking of any vehicle for the purpose of displaying the vehicle for sale shall only be allowed at an approved vehicle sales dealership.

(4)

The parking or storage of inoperable or unlicensed vehicles shall be prohibited, except under the following circumstances:

a.

Within an enclosed building; or

b.

In a screened yard of an approved motor vehicle use that is properly zoned, and approved for the storage of vehicles under this ordinance.

(h)

Location of Parked Vehicles.

(1)

Vehicles may only be parked in a driveway, garage or parking lot meeting the requirements of 18.02. Vehicles may not be parked in any lawn or yard area, except on a parking lot or driveway. Vehicles shall not be parked in landscape greenbelts or other landscaped areas required by this ordinance.

(2)

On-street parking and parking in the public right-of-way shall be subject to the applicable parking and traffic control regulations of the city or county.

(3)

Vehicles shall not be parked in locations that obstruct sidewalks or nonmotorized pathways.

(i)

Barrier Free Parking.

(1)

Within each parking lot, signed and marked barrier free spaces shall be provided at a convenient location, in accordance with Table 18.01(i) or in accordance with the building code, whichever is more restrictive.

Table 18.01(i)
Barrier Free Parking Space Requirements

(2)

Barrier free parking spaces shall meet the standards for parking facilities for persons with physical disabilities IC 5-16-9.

(3)

Barrier free spaces shall be located as close as possible to building entrances and walkways.

(4)

Where a curb exists between a parking lot surface and a sidewalk entrance, an inclined approach or curb ramp with a running slope not exceeding 1:12, a cross slope not exceeding 1:48, width of four feet minimum, with detectable warning devices, shall be provided to accommodate handicapped accessibility in accordance with current State of Indiana Code or ADA requirements.

(j)

Bicycle Parking.

(1)

Generally. All retail sales, food services, office, entertainment, recreation, civic, educational, mixed-use, and public uses shall provide bicycle parking in accordance with this Subsection.

(2)

Calculating Space Requirements. Table 18.01(j), Bicycle Parking Space Requirements, sets out the required number of spaces for bicycle parking. One bicycle parking rack may have room for several parking spaces. Where an option is provided, whichever results in the greatest number of spaces is the minimum required. For land uses not specifically mentioned in the table, requirements will be determined based on the most similar use listed.

Table 18.01(j)
Bicycle Parking Space Requirements

(3)

Additions to Existing Structures or Uses. The standards in Table 18.01(j) apply when any existing use or structure is proposed for an addition or expansion that increases the unit of measurement (including, but not limited to, gross floor area, seating capacity, or number of employees) used for computing the required parking facilities for that use. When a lawful building or use not meeting the requirements for bicycle parking is increased in gross floor area by 49 percent or less, then only the addition shall be required to meet these standards. When a lawful building or use not meeting the requirements for bicycle parking is increased in gross floor area by more than 50 percent, then both the existing building or use and the addition shall be required to meet these standards.

(4)

Reduction or Waiver Requirements. The Enforcement Official is authorized to reduce or waive the bicycle parking space requirements if there are extraordinary circumstances related to land use, adjacent road network and bicycle accessibility, availability of bicycle parking off the premises, or other mitigating circumstances.

(5)

On-Site Parking. Bicycle spaces shall be required on-site, except that public bicycle parking facilities within the same block face, or within 400 feet of the main entrance may satisfy short-term parking requirements. Secured indoor spaces on-site with ample room and accessibility for bicycles may satisfy long-term parking requirements.

(6)

Bicycle Parking Design Standards. Bicycle parking shall be designed so that:

a.

The bicycle frame and one wheel can be locked to the rack with a high security, U-shaped lock if both wheels are left on the bicycle;

b.

A bicycle that is six feet long can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the wheel components;

c.

Racks can be securely anchored;

d.

Areas devoted to bicycle parking are hard surfaced; and

e.

The rack allows an additional locking point other than at the wheel.

(Ord. No. 4254, § 3(Exh. A), 10-30-2013; Ord. No. 4500, §§ 5.28.—5.32., 2-5-2019)