The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Buildable area means the portion of the lot remaining after required yards have been provided and after the limitations of any pertinent environmental regulations have been applied. Buildings may be placed in any part of the buildable area, but if there are limitations on percent of the lot which may be covered by buildings, some open space may be required within the buildable area.

Circulation area means that portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.

Driveway means that portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.

Loading and unloading area means that portion of the vehicle accommodation area used to satisfy the requirements of section 44-424.

Parking area aisles means that portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.

Parking space means the storage space for one automobile plus the necessary access space which shall be located outside the dedicated street right-of-way.

Vehicle accommodation area means that portion of a lot used by vehicles for access, circulation, parking, loading, and unloading. The vehicle accommodation area comprises the total of circulation areas, loading and unloading areas, and parking areas.

Vehicle storage area means that portion of a vehicle accommodation area used in connection with an automotive repair or wrecking business as a place to park vehicles temporarily while they are waiting to be worked on or pending the pickup of such vehicles by their owners.

(Code 1991, § 31-231)

(a)

All developments shall provide a sufficient number of parking spaces to accommodate the number of vehicles that ordinarily are likely to be attracted to the development in question. In addition, all automobile repair and service establishments shall provide sufficient vehicle storage area to accommodate the number of vehicles likely to be on the premises awaiting work or pending removal by their owners.

(b)

The presumptions established by this section are that:

(1)

A development must comply with the parking standards set forth in subsections (a) and (e) of this section;

(2)

Any development that does meet these standards is in compliance; and

(3)

On-street parking spaces shall not count towards meeting the required number of parking spaces established in subsection (e) of this section for each use.

However, the table of parking requirements is only intended to establish the minimum number of parking spaces required for each use listed and should be flexibly administered, as provided in section 44-416.

(c)

The table of parking requirements is arranged alphabetically by use description. When determination of the number of parking spaces required by the table below results in a requirement of a fractional space, any fraction of one-half or less shall be disregarded, while a fraction in excess of one-half shall be counted as one parking space.

(d)

The city council recognizes that the table of parking requirements set forth in subsection (e) of this section cannot and does not cover every possible situation that shall arise. Therefore, in cases not specifically covered, the building inspections department is authorized to determine the parking requirements using this table as a guide.

(e)

Table of parking requirements.

(Code 1991, § 31-232)

(a)

The city council recognizes that, due to the particularities of any given development, the inflexible application of the parking standards set forth in section 44-415(e) may result in a development with either inadequate parking space or parking space far in excess of its needs. The former situation shall lead to traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots. The latter situation results in a waste of money as well as a waste of space that could more desirably be used for valuable development or environmentally useful open space. Therefore, as suggested in section 44-415, the permit-issuing authority shall permit deviations from the presumptive requirements of section 44-415(e) and shall require more parking or allow less parking whenever it finds that such deviations are more likely to satisfy the standard set forth in section 44-415(a). In addition, that same flexible approach shall be followed with respect to the vehicle storage area requirements set forth in the preceding table.

(b)

Whenever the permit-issuing authority allows or requires a deviation from the presumptive parking requirements set forth in section 44-415(e), it shall enter on the face of the permit the parking requirement that it imposes and the reasons for allowing or requiring the deviation.

(c)

If the permit-issuing authority concludes, based upon information it receives in the consideration of a specific development proposal, that the presumption established by section 44-415(e) for a particular use description is erroneous, it shall initiate a request for an amendment to the table of parking requirements in accordance with the procedures set forth in article XIII of this chapter.

(Code 1991, § 31-233)

(a)

Subject to subsections (b) and (c) of this section, parking spaces shall contain a rectangular area at least nine feet wide and 18 feet long. Lines demarcating parking spaces shall be drawn at various angles in relation to curbs or aisles, as long as the parking spaces so created contain within them the rectangular area required by this section.

(b)

In parking areas containing ten or more spaces, up to 20 percent of the parking spaces may be set aside for the exclusive use of subcompact cars. A subcompact parking space shall contain a rectangular area eight feet wide and 16 feet long. If such spaces are provided, they shall be conspicuously designated as reserved for small or compact cars only.

(c)

Wherever parking consists of spaces set aside for parallel parking, such spaces shall not be less than nine feet wide and 24 feet long.

(d)

All parking space dimensions are based on inside line measurements.

(Code 1991, § 31-234)

(a)

Parking area aisles shall have a minimum width between parking spaces that complies with the following table:

(b)

Driveways shall be not less than 13 feet in width for one-way traffic and 20 feet in width for two-way traffic, except that ten-foot-wide driveways are permissible for two-way traffic when:

(1)

The driveway is not longer than 50 feet;

(2)

The driveway provides access to not more than ten spaces; and

(3)

Sufficient turning space is provided so that vehicles need not back into a public street.

(c)

All driveway entrances and other openings onto city-maintained streets shall, at a minimum, conform to the requirements set forth in the MRT current edition of the state department of transportation's access and roadside management standards.

(Code 1991, § 31-235)

(a)

Vehicle accommodation areas shall be designed so that, without resorting to extraordinary movements, vehicles shall exit such areas without backing onto a public street. This requirement does not apply to parking areas consisting of driveways that serve one or two dwelling units.

(b)

Every vehicle accommodation area shall be designed so that vehicles cannot extend beyond the perimeter of such area onto adjacent properties or public rights-of-way. Such areas shall also be designed so that vehicles do not extend over sidewalks or tend to bump against or damage any wall, vegetation, or other obstruction.

(c)

Circulation areas shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles and without interfering with parking areas.

(d)

Vehicle storage areas are not required to observe any particular configuration but shall be so located and designed so that the entire amount of required square footage of such areas can be used for the purpose intended without creating any substantial danger of injury to persons or property and without impeding vehicular movement in the adjacent street.

(e)

Open space requirements. After the effective date of the ordinance from which this article is derived, no part of a yard, court or other open space, or off-street parking or loading space required for the purpose of complying with the provisions of this article, shall be included as part of a yard, open space, or parking and loading space required for any other building.

(f)

Adequate lighting shall be provided in all parking areas for nonresidential and multifamily developments, conforming with accepted engineering standards. Parking areas, sidewalks and building entrances shall be lighted in order to contribute to the security of property and to facilitate the safe passage of persons using the roads, sidewalks and parking areas after dark. Measures shall be provided to prevent light spillover onto adjacent properties and glare toward motor vehicle operators. The purpose of these standards is to ensure that exterior lights will be adequately shielded so they do not cast direct light beyond the property line. Lighting standards for lights used in the parking areas of all nonresidential and multifamily developments shall comply with the following. Note: Footcandle is a unit of measure of light determined by the illuminance on a surface of one square foot in area of which there is uniformly distributed a light flux of one lumen. A lumen is a unit of luminous flux, which is the unit used to measure the actual amount of light, which is produced by a lamp. One footcandle is one lumen per square foot. For the purposes of this section, the lumen output values shall be the initial lumen output rating for a lamp.

(1)

The maximum illumination at the edge of the property line of new commercial development abutting residentially zoned areas is one-half footcandle.

(2)

The maximum illumination at the edge of the property line of new commercial development abutting nonresidentially zoned areas is five footcandles.

(3)

The maximum illumination at the edge of the property line of new multifamily development abutting residentially zoned areas is one-half footcandle.

(4)

The maximum illumination at the edge of the property line of new multifamily development abutting nonresidentially zoned areas is five footcandles.

(5)

The maximum illumination at the edge of the property line of new commercial and multifamily developments adjacent to a public street is five footcandles.

(6)

The maximum height for directional lighting fixtures is 25 feet. Height shall be measured as the vertical distance from the ground directly below the centerline of the luminaire to the lowest light emitting part of the luminaire. Directional lighting is generally defined as lighting that will not allow direct light above a horizontal plane, which extends through the bottom of the lamp. These type of lighting fixtures are commonly referred to as full cut-off and partial cut-off types.

(7)

The maximum overall height for nondirectional lighting fixtures is 12 feet. Nondirectional lighting is generally defined as lighting that will allow direct light to be emitted above a horizontal plane, which extends through the bottom of the lamp. Light fixtures covered by this subsection must be translucent or have baffles to prevent views of the light source. These type of lighting fixtures are not recommended for lighting sidewalks, streets or parking areas. Nondirectional lighting may not be used if the approving authority determines that the off-site effects are incompatible with the surrounding neighborhood.

(8)

The approving authority may adjust the standards for the minimum and maximum illumination at the edge of the property lines of like uses if the approving authority determines that the design and nature of the adjacent use creates a need to either reduce or increase the maximum illumination.

(9)

Existing fixtures. Lighting fixtures existing at the time of approval of this section may remain, and shall be considered nonconforming, subject to applicable provisions of article IX of this chapter.

(10)

Modifications to or replacement of existing fixtures shall conform with the standards of this chapter. Adding new light fixtures to existing parking areas or expansion of existing parking areas shall conform with the standards of this chapter.

(11)

The following shall be exempt from these provisions:

a.

Outdoor lights used for temporary events.

b.

Outdoor lights used exclusively for public recreational activities, concerts, plays or other outdoor events, which are open to the public, provided that the event or function meets all other applicable zoning requirements. Outdoor lighting used in connection with these categories shall only be illuminated while the activity takes place and during high traffic periods before and after the event.

c.

Outdoor advertising signs constructed of translucent materials and wholly illuminated from within, and fossil fuel lights.

d.

Temporary emergency lighting needed by police, fire and other emergency services, utilities providers and vehicle luminaries.

e.

Hazard warning luminaries required by federal or state agencies, except that all luminaries used must be red and must be shown to be as close as possible to not exceed maximum lumen output requirements for the specified task.

f.

Motion detector security lights which are normally "off" and which are activated "on" for a specified duration occasionally when motion is detected are exempt from strict control of the requirements of this section.

g.

Lighting installed at the direction of governmental entities.

h.

Lighting installed by utility service providers on public rights-of-ways.

(Code 1991, § 31-236)

(a)

(1)

Vehicle accommodation areas in districts other than the industrial district that:

a.

Include lanes for drive-in windows;

b.

Are required to contain more than 1,000 square feet of vehicle storage area;

c.

Contain parking areas that are required to have more than ten parking spaces and that are used regularly at least five days per week;

d.

Are parking areas in manufactured home parks or multiple-family developments;

shall be graded and surfaced with asphalt, concrete, or other material that shall provide equivalent protection against potholes, erosion, and dust.

(2)

Private drives or driveways in manufactured home parks or other multifamily residential developments containing more than three dwelling units shall be similarly surfaced.

(3)

Vehicle accommodation areas paved with asphalt shall be constructed in the same manner as street surfaces.

(4)

If concrete is used as the paving material, vehicle accommodation areas shall be similarly constructed except six inches of concrete shall be used instead of two inches of asphalt.

(5)

If such vehicle access areas expanded, beyond minimum area mandates, the same construction requirements apply.

(b)

Vehicle accommodation areas that are not provided with the type of surface specified in subsection (a) of this section shall be constructed in the same manner as paved areas except that crushed stone of the following type may be used in lieu of asphalt, concrete, or other paving materials: size 13 crushed stone. This alternative is to provide a surface that is stable and shall help to reduce dust and erosion.

(c)

Parking spaces in areas surfaced in accordance with subsection (a) of this section shall be appropriately demarcated with painted lines or other markings. Parking spaces in areas surfaced in accordance with subsection (b) of this section shall be demarcated wherever practical.

(d)

Vehicle accommodation areas shall be properly maintained in all respects. In particular, and without limiting the foregoing, vehicle accommodation area surfaces shall be kept in good condition (i.e., free from potholes, etc.) and parking space lines or markings shall be kept clearly visible and distinct.

(Code 1991, § 31-237)

(a)

One parking area may contain required spaces for several different uses, but, except as otherwise provided in this section, the required space assigned to one use shall not be credited to any other use.

(b)

To the extent developments wish to make joint use of the same parking spaces by businesses which operate at different times, the same spaces shall be credited to both uses. For example, if a parking lot is used in connection with an office building on Monday through Friday but is generally 90 percent vacant on weekends, another development that operates only on weekends could be credited with 90 percent of the spaces on that lot. If a church parking lot is generally occupied only to 50 percent of capacity on days other than Sunday, another development could make use of 50 percent of the church lot's spaces on those other days.

(c)

If the joint use of the same parking spaces by two or more principal uses involves satellite parking spaces, then the provisions of section 44-422 are also applicable.

(Code 1991, § 31-238)

(a)

If the number of off-street parking spaces required by this article cannot reasonably be provided on the same lot where the principal use associated with these parking spaces is located, then spaces shall be provided on adjacent or nearby lots in accordance with the provisions of this section. These off-site spaces are referred to in this section as satellite parking spaces.

(b)

All such satellite parking spaces (except spaces intended for employee use) must be located within 400 feet of a public entrance of a principal building housing the use associated with such parking, or within 400 feet of the lot on which the use associated with such parking is located if the use is not housed within any principal building. Satellite parking spaces intended for employee use shall be located within any reasonable distance.

(c)

The developer wishing to take advantage of the provisions of this section must present satisfactory written evidence that he has the permission of the owner or other person in charge of the satellite parking spaces to use such spaces. The developer shall sign an acknowledgment that the continuing validity of his permit depends upon his continuing ability to provide the required number or parking spaces.

(d)

Persons who obtain satellite parking spaces in accordance with this section shall not be held accountable for ensuring that the satellite parking areas from which they obtain their spaces satisfy the design requirements of this section.

(Code 1991, § 31-239)

Notwithstanding any other provisions of this chapter, whenever:

(1)

There exists a lot with one or more structures on it constructed before the effective date of the ordinance from which this chapter is derived;

(2)

A change in use that does not involve any enlargement of a structure is proposed for such lot;

(3)

The parking requirements of section 44-415 that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for parking;

then the developer need only comply with the requirements of section 44-415 to the extent that parking space is practicably available on the lot where the development is located, and satellite parking space is reasonably available as provided in section 44-422.

(Code 1991, § 31-240)

(a)

Requirements for industrial and wholesale buildings. Every industrial and wholesale building hereafter erected shall provide space as indicated herein for loading and unloading of vehicles. The number of off-street loading berths required by this section shall be considered as the absolute minimum, and the developer shall evaluate his own needs to determine if they are greater than the minimum specified by this section. For purposes of this section, an off-street loading berth shall have minimum plan dimensions of 12 feet by 25 feet and 14 feet overhead clearance with adequate means for ingress and egress.

(b)

Design of loading spaces. Off-street loading spaces shall be designed so that vehicles can maneuver for loading and unloading entirely within the property lines of the premises.

(Code 1991, § 31-241)

(a)

Without current license plates. Automobiles, trucks, or trailers of any kind or type requiring but without current license plates shall not be parked or stored on any lot within a residential zoning district or used for residential purposes, unless such vehicle is located in the rear yard, is housed or protected from the elements and is, along with the area within ten feet of such vehicle, maintained free of unsafe, unsanitary or unsightly conditions.

(b)

The parking or storage of tractor trailer rigs and/or cabs or busses is not permitted in any residential district, except that school and church busses may be parked on school or church grounds, respectively.

(c)

Not more than one travel or camping trailer per family living on the premises shall be permitted on a lot in any residential district; and the trailer shall not be occupied temporarily or permanently while it is parked or stored.

(d)

Not more than one vehicle may be placed for sale in any residential district or parcel used for residential purposes. Not more than two vehicles may be offered for sale on a single parcel within any calendar year. Any for sale signs must be affixed to the vehicle offered for sale. Vehicles offered for sale in residential areas must be registered to the tenant on which premises the vehicle is located. No vehicles may be offered for sale on vacant lots of land in residentially zoned districts or within areas zoned as multifamily (MF).

(e)

Commercial. No vehicle of more than two axles or a gross vehicle weight rating (GVWR) exceeding 20,000 pounds shall be parked or stored on, or within any public or private right-of-way or easement adjacent to, any lot within a residential zoning district or used for residential purposes. No commercial vehicles used for hauling explosives, gasoline, or liquefied petroleum products shall be permitted. For purposes of this section, front axles of a commercial vehicle count as one.

(Code 1991, § 31-242)

On any corner lot on which a front and side yard is required, nothing shall be erected, placed, planted or allowed to grow which obstructs sight lines between a height of 2½ feet above the crown of the adjacent roadway and ten feet in a triangular area formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along the front and side lot lines and connecting the points so established to form a triangle on the area of the lot adjacent to the street intersection.

(Code 1991, § 31-243)