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Le Claire City Zoning Code

170.52 OFF-STREET

PARKING AREAS AND LOADING SPACES AND SPECIAL PARKING PROVISIONS.

1.   Definitions and Interpretations.
   A.   “Employees” means employees will be based on the maximum number of persons on duty or residing, or both, on the premises at any one time.
   B.   “Floor area” means, for the purpose of this section, in the case of merchandising or service types of uses, floor area will mean the gross floor area used or intended to be used by tenants, or for service to the public or customers, patrons, or clients, but will not include areas used principally for nonpublic purposes, such as restrooms, utilities, or dressing rooms.
   C.   “Fractions” means when units of measurement result in the requirement of a fractional space, any fraction will require one parking space.
   D.   “Parking space interpretation” means parking spaces required for single-family and two-family dwellings must be located on a driveway, in a car port, or in a garage, or any continuous parking surface such as concrete, asphalt, paver bricks, or other alternative materials that are shown to be impervious yet as durable as concrete pavement.
   E.   Parking space” means a permanently surfaced area, of brick, asphalt, or concrete, other than on a street or alley, either enclosed or unenclosed, sufficient in size to store one automobile, but not less than nine feet wide by 19 feet long, and not less than 171 square feet, exclusive of permanently surfaced access drives, driveways, or aisles, connecting the parking space(s) with the street or alley, which permits satisfactory ingress and egress of an automobile. Parking spaces for the disabled shall be not less than that required by the Iowa Administrative Code.
   F.   “Seating and benches in places of public assembly” means in stadiums, sports arenas, churches, and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each 20 inches of such seating facilities will be counted as one seat for the purpose of determining requirements for off-street parking facilities under this Zoning Code.
   G.   “Separation from use” means off-street parking will be located as hereinafter specified. Where a distance is specified, such distance will be the walking distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve. There will be no permanent recurring, on-street private parking allowed in any commercial or industrial district unless otherwise provided for by specific authorization of the Council.
(Subsection 1 – Ord. 855 – Sep. 25 Supp.)
2.   Off-Street Loading Spaces. In all districts, in connection with every building or part thereof hereafter erected, having a gross floor area of 2,500 square feet or more, which is to be occupied by uses requiring the receipt or distribution by vehicles of materials or merchandise, there will be provided and maintained on the same premises with such building at least one off-street loading space, (with clear dimensions of at least 12 access and circulation areas), accessible from an alley, access easement, or from a street, plus one additional such loading space for each additional 10,000 square feet or fraction thereof, or gross floor area so used in excess of 15,000 square feet. Such space may occupy all, or any part of a required rear yard, or when authorized by the Board of Adjustment, part of any other yard or court space on the same premises.
3.   Off-Street Parking Areas - Scope. The provisions of this section will apply and govern in all zoning districts, unless otherwise specified herein. The following general requirements will apply:
   A.   The duty to provide and maintain off-street parking spaces will be the joint and several responsibility of the operator or owner of the use or land for which off-street parking space is required to be provided and maintained.
   B.   For land, structures, or uses actually used, occupied, or operated on the effective date of this Zoning Code, there will be provided such off-street parking space as was required for such land, structures, or uses by any previous ordinance. If such land, structures, or uses are enlarged, expanded, or changed through the addition of dwelling units, gross floor area, seating capacity, additional employment, or other unit of measurement specified herein, there will be provided, for that increment of expansion only, at least the amount of off-street parking space that would be required hereunder if the increment were a separate land, structure, or use established or placed into operation after the effective date of this Zoning Code.
   C.   For all uses established or placed into operation after the effective date of this Zoning Code, there will be constructed, provided, preserved, and maintained the amount of off-street parking space hereinafter set forth. Whenever the intensity of use of any structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, additional employment, or other unit of measurement, such additional parking as required herein to provide for the expanded use, shall be provided.
   D.   Whenever the existing use of a building, structure, or land area is changed to a new use, parking facilities will be provided as required by the new use. However, if the use existed prior to the effective date of this Zoning Code, parking is required only in the amount that the new use would exceed the requirements for the existing use if the latter were subject to the parking provisions of this Zoning Code.
   E.   Parking in existence on the effective date of this Zoning Code or that was provided voluntarily after such effective date, will not hereafter be reduced below, or if already less than, will not further be reduced below, the requirements of this Zoning Code for a new use.
   F.   All off-street parking space, whether or not required by this Zoning Code and when provided in accordance with the provisions of this Zoning Code or in accordance with the provisions of any former ordinance, will be used, maintained, and operated as hereinafter required.
   G.   Parking for all types of uses may be provided either in garages or open parking areas conforming with the provisions of this Zoning Code.
   H.   Where sufficient existing public parking facilities are located so as to provide or supplement part or all of the required parking spaces, the Board of Adjustment may reduce the number of spaces required for a particular use or group of uses.
   I.   Parking may be with or without charge.
4.   Design, Development, and Maintenance. Every parcel of land hereafter used as a public or private parking space, including a commercial parking lot and also an automobile or trailer sales lot, will be designed, developed, and maintained in accordance with the following requirements:
   A.   Will not be used for the sale, repair, dismantling, or servicing of any vehicles, equipment, materials, or supplies.
   B.   Will be improved and provided with a permanent surface of asphalt, brick, or concrete which will be maintained at all times in such a manner so as to be free of dust, trash, and debris.
   C.   Will be graded and drained so as to prevent the accumulation of surface water and so as not to direct the flow of surface water from such areas onto adjoining property or onto streets or alleys that have no drainage facilities.
   D.   Any lighting used to illuminate such parking areas will be so arranged as to reflect the light away from adjoining properties and traffic areas.
   E.   In any residential districts, unless fully enclosed, parking areas shall be used only by vehicles up to one and one-half tons manufacturer’s capacity rating.
(See Section 69.09)
5.   Location. Off-street parking spaces will be located on the same zoning lot as the use for which provided, except as otherwise specifically provided for herein:
   A.   Parking in Yards –
      (1)   Residential Districts. In any residentially zoned districts, no vehicle will be parked in any yard except upon a permanently constructed driveway, built in accordance to provisions elsewhere in this Code. Parking lots may be allowed in the front yard of residentially zoned districts if authorized by the Board of Adjustment and provided that the district does not require that the front yard be landscaped and devoted to another use, and further provided that the parking is in accordance with all other Zoning Code provisions.
      (2)   Commercial and Industrial Districts. In commercial and industrial districts, no vehicle will be parked in any front yard except upon a permanently constructed parking lot. Parking lots are allowed in the front yard of commercial and industrial districts provided that the district does not require that the front yard be landscaped and devoted to another use, and further provided that the parking is in accordance with all other Zoning Code provisions.
(Paragraph A – Ord. 855 – Sep. 25 Supp.)
   B.   Parkways. No parking will be permitted between the property line and the curb line or edge of the pavement or roadway in the event no curb exists.
   C.   Combining of Spaces. Off-Street parking space will be provided for each use. However, two or more uses located on the same zoning lot may jointly provide for one combined parking facility.
      (1)   Where an off-street parking space is combined and used jointly by two or more uses having different standards for determining the amount of off-street parking space required, the parking space will be adequate in area to provide the sum total of off-street parking space requirements of all such uses.
      (2)   Where off-street parking space is combined and used jointly by two or more uses having the same standard for determining the amount of off-street parking space required, all such uses, for the purposes of this subsection, will be considered a single unit and the gross floor area of all such uses in all structures on the same lot or the number of employees of all such uses in all structures on the same lot as fixed by the applicable standard, will be taken as a single total for the purpose of determining the amount of off-street parking space required.
   D.   Sharing of Spaces. Two or more uses may share the same off-street parking space if the schedules of operation of all such uses are such that none of the uses sharing the space require the off-street parking space at the same time as any other use sharing the space. Each such use that is sharing space will be considered as having provided such shared space individually.
   E.   Special Location Plan Option. Pursuant to the procedures thereinafter set forth, either part or all of the required off-street parking space may be located off the lot of the use for which the space is provided, if so granted by a variance by the Board of Adjustment:
      (1)   Application Submittal. All applications for approval of a special location plan hereunder will be filed with the Building and Zoning Enforcement Officer by the owner(s) of the entire land area to be included within the special location plan and the owner or owners of all structures then existing on said land area and holders of all encumbrances of said land area and structures then existing on said land area. The application will contain sufficient evidence to establish to the satisfaction of the Board of Adjustment that the applicants are the owners and/or encumbrancer of the designated land and structures and will contain such information and representation required by this Zoning Code or deemed necessary and will include plans showing the following details: The location of the uses or structures for which off- street parking space is required and the location at which the off-street parking space is to be provided.
      (2)   Review and Consideration Procedures. All applications will be reviewed and considered by the Board of Adjustment pursuant to the provisions contained in Section 170.34(7).
         a.   Any approval may establish necessary conditions and limitations as the Board of Adjustment deems necessary.
         b.   All special location plans will be binding upon the applicants for such special plans, their successors and assigns, will limit and control the issuance and validity of all zoning permits and zoning certificates and will restrict and limit the use and operation of all land and structures included within such special plans to all conditions and limitations specified in such plans and the approvals thereof.
6.   Number of Parking Spaces Required. The following numbers of useable off-street parking spaces will be provided as a minimum, along with adequate provisions for ingress, egress, maneuvering, and required handicapped spaces:
   A.   Residential Uses.
 
Use
Parking Spaces Required
One- and two-family dwellings
Two for each dwelling unit excluding accessory dwelling units
Multiple-family dwellings
Two for each dwelling unit
Hotels, motels, inns, auto courts
Two for each guest room, sleeping room, plus one for owner, manager, and each employee
Mobile home parks
Two for each mobile home space
Retirement village
Two for each dwelling unit
(Paragraph A – Ord. 855 – Sep. 25 Supp.)
   B.   Commercial Uses.
Use
Parking Spaces Required
Use
Parking Spaces Required
Automobile laundry (car wash)
Stacking places to accommodate automobiles equaling in number to five times maximum capacity of automobile laundry for each wash-rack plus one for each two employees. (Maximum capacity, in this instance, shall mean the greatest number of automobiles undergoing some phase of washing at the same time).
Automobile or machine sales and service garage
One for each 800 square feet of floor area plus one for each full-time employee
Automobile service stations
Two for each island of pumps and each stations service stall plus one for each two employees.
Banks and other financial institutions
One for each 200 square feet of floor area. Drive-in establishment, 6 stacking places per teller or customer service window.
Barber shop and Beauty Shop
Two for each chair plus one for each employee at work at the same time, and each tanning bed.
Bed and Breakfasts
Two parking spaces for the owner or manager, plus one space for each employee and one per guest room
Bowling alleys
Three for each alley, plus such additional spaces as may be required herein for affiliated uses, such as bars, restaurants, etc.
Business and professional offices
One for each 300 square feet of floor area
Coin operated cleaning laundries
One for each two washers and/or cleaning machines plus one for each two employees at work at the same time
Commercial rental storage facilities (i.e., “U-Store-It” type)
One for each six rental units with not less than two
Funeral homes, mortuaries
Six per chapel room or parlor or one for 50 square feet of room used for services, whichever is greater, plus one for each funeral vehicle kept on premises
Marina/boat storage
One for each one and one-half water slips, storage areas, or boat stored anywhere on the property
Medical or dental clinics
Two for each office, examining room, and treatment room plus one for each employee.
Restaurants or establishments dispensing food and beverages for consumption at indoor tables, (not including drive-in restaurants)
One for each three seats or one for each 100 square feet of floor area, plus one for each two employees at work at the same time, whichever is greater
Restaurants, dry cleaners, and other similar type businesses designed to primarily accommodate pick-up, drop-off, or carry-out type activities
One for each 15 square feet of floor area designated for customers waiting to be served plus one for each employee at work at the same time
Restaurants-drive in or refreshment stands where food and or beverages are consumed in a vehicle
One for each 20 square feet of floor area, but not less than 10, plus not less than one-third of the total ground area be devoted exclusively to parking and accessways
Retail stores-drug, grocery, hardware, convenience, and similar stores
One for each 180 square feet of floor area devoted to sales plus one for each full-time employee
Shoppers’s goods - appliance, household equipment, furniture, and similar stores
One for each 500 square feet of floor area plus one for each full-time employee
Shopping center or complex
Shopping centers with more than 125,000 square feet of gross leaseable area and having 12 or more stores shall provide five parking spaces for every 1,000 square feet of gross leaseable area. Parking for all other shopping centers shall be the sum of the requirements of the individual stores.
Theaters - indoor
One for each four seats
Taverns and bars
One for each two seats plus one for each two employees at work at the same time.
 
   C.   Industrial Uses.
 
Use
Parking Spaces Required
Manufacturing plants, research or testing laboratories, bottling plants
One for each two employees on maximum working shift plus one for each vehicle used in conduct of enterprise
Truck terminals
One for each two employees plus one for each truck
Warehouse and storage buildings
One for each two employees plus one for each vehicle used in conduct of enterprise
Wholesale establishments, (not including warehouses and storage buildings other than accessory buildings)
One for each 600 square feet of floor area in excess of 4,000 square feet
 
   D.   School, Institutions, and Places of Assembly.
Use
Parking Spaces Required
Use
Parking Spaces Required
Auditoriums, gymnasiums, convention halls, and all places of assembly with fixed seats
One for each five seats or parking spaces equal to on- fifth of facility in persons
Churches, temples, synagogues, and mosques
One for each four seats in principle auditorium
College, universities, and trade schools
One for each five students based on maximum number of students facility is designed to handle at one time plus one for each two employees
Dance halls and assembly halls without fixed seats
One for each 50 square feet of floor area used for assembly or dancing
Elementary schools
Two for each classroom or one for each four seats in principle auditorium, whichever is greater
Hospitals
One for each two beds plus one for each staff doctor or visiting doctor plus one for each two employees
Junior and Senior High Schools
One for each eight students based on maximum number of students facility is designed to handle at one time or one for each four seats in the principle auditorium whichever is greater plus one for each two employees
Library, museums, art galleries, and civic, cultural, or historic institutions
One for each 200 square feet of floor area
Nursery School
One for each employee
Long-term care facilities or convalescent homes. Assisted living facilities, and similar uses
One for each three beds, plus one for each two employees
Private clubs and lodges of facility in persons
Parking spaces equal to one-fifth of capacity
 
   E.   Other Uses. For uses not specifically listed above in this schedule of parking requirements, parking spaces will be provided on the same basis as required for the most similar listed uses, or to satisfy the normal parking demand both as determined by the Building and Zoning Enforcement Officer.
   F.   Central Business District (C-2) Parking Provisions. The previous parking provisions notwithstanding, and acknowledging the opportunities and challenges associated with providing adequate and suitable off-street parking in the City’s Central Business District, particularly recognizing, maintaining, and expanding on the historic character of this area; fully utilizing the available public parking area on the City’s riverfront levee immediately adjacent to this area; recognizing and promoting the need for diversity and balance in the residential and commercial development within this area and the need for developing adequate parking space to service this development given the limited size of many of the originally platted lots contained within this area, the following provisions shall be specifically and only applied to the C-2 zoning district area that encompasses primarily the Cody Road right-of-way from Byron Street to May Street. No on-site customer or employee parking is required.
7.   Special Parking Provisions–Recreational Vehicles, Mobile Homes, Trucks. Unless otherwise authorized, recreational vehicles of all types, mobile homes, and trucks will not be parked or stored on any lot occupied by a dwelling or other structure or on any lot except in accordance with the following provisions:
   A.   Recreational Vehicles. In residential districts, not more than two recreational vehicles, as defined in Section 170.07, which are currently licensed and registered to the person or persons residing on the premises, or on the immediately adjoining lot, may be parked, or stored on an unenclosed parking space on the premises, or on the immediately adjoining lot. The recreational vehicle may only be connected to the property’s water and electrical utilities for charging or loading of the vehicle's systems. A recreational vehicle will not be occupied while it is stored in any area within the corporate limits except in a mobile home park authorized under this Zoning Code or as otherwise provided for herein below.
      (1)   No portion of any recreational vehicle shall extend onto any public right-of-way.
      (2)   Parking is permitted on residentially zoned property in the side or rear yards. The parking of recreational vehicles in the side or rear yards must be done in accordance with the applicable zoning setback requirements.
      (3)   Parking is permitted in the front yard when:
         a.   The recreational vehicle is parked or stored on a permanently surfaced parking area; and,
         b.   There is insufficient space available to park the recreational vehicle in the rear or side yard; or,
         c.   There is no reasonable and readily available access to the rear or side yards.
      (4)   Recreational vehicles may only be parked on vacant residential lots when:
         a.   The lot is immediately adjoining that lot upon which is located the principal residence of the currently licensed and registered owner(s) of the vehicle(s) and the lot is not separated, in any way, by an alley, street, easement of any sort, or any other public way, or any fence, or other such structure.
         b.   The above-referenced adjoining residential lot is owned by the currently licensed and registered owner(s) of the vehicle(s).
         c.   At such time as the lot, upon which recreational vehicle is parked or stored, is no longer under the joint ownership of the person owning the lot immediately adjacent to it, then the recreational vehicle must be removed immediately from said lot and, if not, the City may cause said recreational vehicle to be removed by whatever legal means may be available for said remedy at the property owner’s expense.
      (5)   Recreational vehicles shall not be used for the storage of goods, materials, or equipment other than those items which are considered to be a part of the vehicle and essential for immediate use.
      (6)   Recreational vehicles may not be used for human occupancy on any premises outside of a campground or travel trailer park except when used for construction purposes at a job-site location with the permission of the City.
A contractor’s storage or job trailer must be plainly and visibly labeled with the contractor’s name, address, phone number, logo, etc. No more than two such trailers will be allowed on any one construction site at one time unless otherwise approved in writing by the Council. Such trailers and their location may be allowed only upon the approval and notification of the City Administrator or the Council. No mobile home will be used as a contractor’s storage or job trailer. All such trailers will be removed no later than seven days after completion of the construction activity.
      (7)   Those properties that are immediately and directly adjacent to and whose boundaries border the Mississippi River are exempt from the private property location provisions of this chapter relating to the storage or parking of watercraft only, (i.e., Canal Shore Drive S.W., West Canal Shore Drive, and the addresses of 2423, 2429, and 2435 S. Cody Road). Notwithstanding and including those provisions contained within Section 170.40, any person, firm, corporation, agent, employee, or contractor who violates the provisions of this specific section will be given notice of such violation by the City and will be afforded a period of time not to exceed 14 days within which to correct said violation.
   B.   Mobile Home. A mobile home that is not a manufactured home will be parked or stored only in a mobile home park or mobile home sales area. A mobile home will not be occupied, either temporarily or permanently, while it is parked or stored in any area within the incorporated limits except in a mobile home park or campground as authorized under this Zoning Code.
   C.   Trucks. Unless otherwise provided for herein, no person will park or store any truck one and one-half tons or larger in any residential district. Trucks may be parked for the purpose of loading or unloading adjacent to the place of parking for a period not to exceed 24 hours. The provisions of this section will apply to school buses but will not apply to City Public Works Department vehicles parked adjacent to an on-going project, or other vehicles so designated by the Council.