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Lenoir City Zoning Code

ARTICLE X

- OFF-STREET PARKING AND LOADING REQUIREMENTS

1000 Off-Street Parking Regulations

1000.1

Parking Requirements - Areas suitable for parking or storing automobiles in off-street locations, on the same parcel and in the same zoning classification as the principal use to which such areas are accessory, shall hereafter be required in all zoning districts, except in the Central Business District (B-3), at the time of initial construction of any principal building; or of an increase in dwelling units, guest rooms, floor area, seating or bed capacity; or when a conversion in use occurs. Such off-street parking areas shall have direct vehicular access to a street and shall be provided and maintained in accordance with the requirements indicated.

1000.2

Parking Space Area Requirements - For the purpose of this ordinance, an off-street parking space shall be no less than nine (9) feet wide and of a length appropriate to the angle of parking. Parking areas of more than four (4) spaces shall be paved and constructed with proper drainage and a well-maintained traffic directional system. The general requirement for total area per parking space inclusive of access, circulation, landscaping, etc., shall be 425 square feet for 30 degree parking, 400 square feet for 45 degree parking, 350 square feet for 60 degree parking, 275 square feet for 90 degree parking in double bays.

1000.3

Location on Other Property - If the required automobile parking space cannot reasonably be provided on the same lot with the principal use, such spaces may be provided on other off-street property under the same ownership or on other property rented or leased, provided such property lies within three hundred (300) feet walking distance of the main entrance to such principal use. Such automobile parking spaces shall be associated with the principal use and shall not thereafter be reduced or encroached upon in any manner which would reduce the number of parking spaces below the required minimum, and provided that the owner of said lot relinquishes his development rights over the property until such time as parking space is provided elsewhere.

1000.4

Common Off-Street Parking Areas - Two or more principal uses may utilize a common area in order to comply with off-street parking requirements, provided that the total number of individual spaces available in such common areas is not less than the total sum of the spaces required for the individual uses as separately computed in accordance with the provisions of this ordinance, and provided that the owner of said lot relinquishes his development rights over the property until such time as parking space is provided elsewhere.

1000.5

Use of Public Rights-of-Way for Maneuvering - When determining parking area requirements for individual uses, portions of public rights-of-way or streets may not be considered as permissible for maneuvering incidental to parking. No parking space shall be provided that would require backing movements onto any street right-of-way. Sufficient space shall be provided to enable entry in the street right-of-way in a forward direction.

1000.6

Curb Cuts and Access Points - Ingress-egress openings in concrete, asphalt, rock or other curbing provisions, commonly referred to as curb cuts, as well as other means of vehicular access to and from private property, shall be regulated by the requirements of the City of Lenoir, Department of Public Works and the North Carolina Department of Transportation (See the North Carolina Department of Transportation Manual on Driveway Entrance Regulation).

1000.7

Parking and Storage of Certain Vehicles - Tractor-trailers, cargo trucks, buses, and other such heavy equipment shall not be parked or stored in any residential district or on any public right-of-way adjacent thereto other than in an area completely screened from public view. When such vehicles are parked in a commercial or industrial zone, they must be no closer than twenty-five (25) feet to any residential district.

1000.7.1 Such vehicles shall not be parked or stored on rights-of-ways of City, State or Federal roads or highways. Furthermore, such vehicles shall not be parked or stored as to block the traveling public's view of adjacent roads, land uses, signage, or related means of ingress or egress thereto.

1000.7.2 Elimination of Storage Trailers

Within the O & I, B-1, B-2, and B-3 zoning districts, transport trailers, cargo trailers, storage trailers, manufactured homes, mobile storage units and similar vehicles used primarily as signs or storage, are abandoned or otherwise located on-site during the majority of any calendar month (hereinafter referred to as "storage units"), shall be removed from these zoning districts within 36 months following adoption of this ordinance.

A.

Location in front yards:

Storage units located in a front yard shall be removed within 6 months following adoption of this ordinance.

B.

Location in side yards:

Storage units located in side yards shall maintain a minimum setback of 15 feet from adjacent property, and shall be completely screened from view from any public street within 6 months following the adoption of this ordinance. Screening shall be by means of a wall or fence constructed of masonry materials or treated lumber. Such walls or fences shall comply with applicable building codes.

C.

Location in rear yards:

Storage units located in rear yards shall maintain a minimum setback of 15 feet from adjacent property lines, and shall be completely screened from view from any public street within 6 months following adoption of this ordinance. Screening shall be by means of a wall or fence constructed of masonry materials or treated lumber or by location behind a building such that the storage unit is not within view from a public street. Such walls or fences shall comply with applicable building codes.

D.

A maximum of one (1) completely screened or hidden storage unit shall be permitted to remain in a side or rear yard provided that it was located on the lot on the adoption date of this ordinance, as determined by an inventory prepared by the Planning Department. All other storage units shall be removed from the lot within 36 months following adoption of this ordinance. No additional storage units shall be permitted on any lot in the O&I, B-1, B-2, and B-3 zoning districts. No new certificates of occupancy, zoning permits, or privilege licenses resulting from a change in property ownership shall be issued for any lot harboring a storage unit until it is removed from the property.

E.

The provisions of this Section shall not apply to the following:

1.

Vehicles used primarily for transportation which are licensed, roadworthy, and located off-premises during the majority of any calendar month;

2.

Industrial uses located in the zoning districts listed above;

3.

Transport trailers which are rotated at least every three months to replenish stock of unprocessed agricultural products. A maximum of two (2) such units shall be used by any business for this purpose.

1000.8

Outdoor Display in Parking Areas -

Whereas it is customary for businesses to occupy a portion of their parking areas for special sales and events during various times of year, a portion of the parking areas required by this Ordinance may be use to accommodate outdoor display of goods. Such outdoor display areas shall not occupy more than ten percent (10%) of the parking spaces available for any development.

1000.9

Parking Space Violations -

Violation of the City's minimum parking space requirements shall subject the offender to penalties in addition those provided in Section 1307.2. Such additional penalties shall depend on the extent of the violation in accordance with the following schedule:

1-5 spaces $25.00 per day
6-10 space violation $50.00 per day
11-25 space violation $125.00 per day
26-50 space violation $250.00 per day
51 or more space violation $500.00 per day

 

TABLE OF MINIMUM PARKING REQUIREMENTS

All partial parking space requirements of .4 or less will be rounded down and all partial parking spaces of .5 or greater will be rounded up to the next nearest whole number to determine the minimum number of parking spaces required for the particular use or development.

For uses required to have more than 4 parking spaces, providing designated and marked areas for motorcycle and/or bicycle parking shall count towards the required parking requirements as follows: Every 2 motorcycle parking spaces or bike rack spaces provided shall reduce the required number of automobile parking spaces by 1 space, for up to a 10% reduction of the required parking.

TYPE OF USE OFF-STREET PARKING REQUIRED
Multifamily Residential** 1 space for every studio or 1-bedroom unit
1.5 spaces for every 2-bedroom unit
2 spaces for 3+ bedroom units
Required parking is calculated based on the overall breakdown of unit types in the proposed development
Manufactured Home Park 2 spaces per manufactured home space
Automobile Service Stations 3 spaces for each grease or wash rack and 3 parking spaces for each 1,000 square feet of gross floor area
Bank or Savings & Loan 3 space for each 1,000 square feet gross floor area plus stacking space for 5 vehicles at each drive-through window (including the car being served) (1)
Business and Professional Offices 3 spaces for each 1,000 square feet gross floor area
Cultural and Community Facility 3 spaces for each 1,000 square feet gross floor area
Doctors and Dentists Offices 3 spaces per 1,000 square feet gross floor area

 

* Based on Design Capacity
** Units designated for occupancy by persons over 60 years of age or handicapped or disabled shall be required to provide 80 percent of the parking required for other types of multi-family housing. Such designations shall be made by a public agency (such as Lenoir Housing Authority, HUD, Farmers Home Administration) for subsidized apartments or by the private developer in a form prescribed by the Planning Department which would be attached to and made a part of the Certificate of Occupancy.
(1) Stacking spaces must be (a) a minimum of 9 ft. in width, as measured from any service window to the outside edge of the driveway, and 18 ft. in length; (b) placed in a single or double line behind the drive through window; and (c) located so that, when in use, they do not obstruct ingress/egress to the site and do not obstruct access to required parking or loading spaces.

 

TABLE OF MINIMUM PARKING REQUIREMENTS, continued

TYPE OF USE OFF-STREET PARKING REQUIRED
Educational Facility
Elementary or Junior High School*
Senior High School or College*
1 space for each 20 students plus one bus space per 100 students for students
1 space for each 4 students plus 1 space for each 100 students plus 1 space for each 15 students for staff
Funeral Home 1 space for each 3 seats in the chapel or parlor or 3 spaces for each 1,000 square feet of gross floor area, whichever is greater
Group Care Facility*
(Nursing Homes, Rest Homes, etc.)
1 space for each 3 patient beds
Hospital * 2 spaces for each patient bed
Hotel 1 parking space for each room to be rented
Manufacturing 1 space for each 2 employees at maximum employment on a single shift, plus sufficient parking space for each company vehicle, plus 3 spaces for each 1,000 square feet of sales and service area
Tennis court 2 spaces per court
Ball field 1 space per 5 seats in stand
Religious Complexes 1 space for each 3 seats in principal assembly room
Restaurants* (no drive-through) 1 space for each 3 seats
Restaurants (drive-through) 1 space for each 3 seats plus stacking space for 5 vehicles at each drive-through window (including the car being served) (1)
Retail Business 3 spaces for each 1,000 square feet of gross floor area
Service and Repair Establishment 3 spaces for each 1,000 square feet of floor area not used for storage
Warehouse 3 spaces for each 1,000 square feet of sales and office area and 1 space for each 2 employees at maximum employment

 

* Based on Design Capacity
** Units designated for occupancy by persons over 60 years of age or handicapped or disabled. Such designations shall be made by a public agency (such as Lenoir Housing Authority, HUD, Farmers Home Administration) for subsidized apartments or by the private developer in a form prescribed by the Planning Department which would be attached to and made a part of the Certificate of Occupancy.
(1) Stacking spaces must be (a) a minimum of 9 ft. in width, as measured from any service window to the outside edge of the driveway, and 18 ft. in length; (b) placed in a single or double line behind the drive through window; and (c) located so that, when in use, they do not obstruct ingress/egress to the site and do not obstruct access to required parking or loading spaces.

 

(Ord. of 10-16-2007; Ord. of 12-1-2015(2); Ord. of 8-4-2020, § 1; Ord. of 1-19-2021, § 8)

1001 Off-Street Loading and Unloading Spaces

1001.1

Off-Street Loading and Unloading Spaces - Every lot on which a retail or wholesale business, trade or industry is hereafter established shall provide space indicated herein for the loading and unloading of vehicles off the street, except in the B-3 Central Business District. For the purpose of this section, an off-street loading space shall have minimum dimensions of twelve (12) feet by forty (40) feet and be clear and free of obstruction at all times. However, the minimum loading requirements shall meet the needs of each individual use.

Required space shall be considered as follows:

1001.11 Retail Business - One (l) space for the first five thousand (5,000) square feet gross floor area and one additional space for each additional five thousand (5,000) square feet gross floor area or increment thereof. If contiguous uses are under single ownership, gross floor area may be totaled to calculate spaces.

1001.12 Wholesale, Industrial, Governmental, and Institutional Uses - One (l) space for the first twenty-five thousand (25,000) square feet of gross floor area. For anything in excess of twenty-five thousand (25,000) square feet, such uses shall provide loading spaces according to the following schedule:

Square Feet No. of Spaces
25, 000—99, 000 2
100,000—159,999 3
160,000—239,999 4
240,000—349,999 5
Additional 100,000 or
fraction thereof
1 additional

 

1001.2

Loading Spaces Adjacent to Sidewalks - Where a loading space is adjacent to a public sidewalk or other public pedestrian way, it shall be so located, arranged, and improved with curbs or barriers, as to provide adequate protection for pedestrians.

1001.3

Maneuvering Areas - All off-street maneuvering areas shall be designed so that vehicles do not obstruct traffic during maneuvering. Any loading space provided shall not use any street or street right-of-way for egress or ingress maneuvering.

1001.4

On-Street Loading and Unloading Regulations. If off-street loading and unloading facilities are not available, and loading and unloading must occur on public streets the following regulations shall be met:

a)

One (l) lane of traffic on one-way streets must be left open at all times.

b)

No loading or unloading shall take place on streets with two (2) way traffic where only two (2) lanes are available and traffic is opposing.

c)

No on-street loading or unloading shall take place where on-street parking is permitted to the extent parked vehicles would not be permitted adequate ingress and egress to parking spaces.

d)

No on-street loading or unloading shall take place on streets on the federally aided system, NC 18, US 321 and US 64.

1002 Landscaped Parking Requirements

1002.1

Intent

The intent of this section is to provide landscaping within and adjacent to parking facilities (lots) by reducing heat and noise, glare of automobile lights, reduce the level of carbon dioxide, prevent soil erosion, provide shade; therefore, creating an attractive and harmonious community and generally preserve a healthful and pleasant environment.

1002.2

General Requirements -

(a)

The landscaping requirements of this section shall apply to land, public and private, designated as multi-family, recreational, institutional and commercial land uses which are required to have twenty (20) or more parking spaces. All industrial land uses and multi-family, recreational, institutional and commercial land uses required to have ten (10) to nineteen (19) parking spaces must comply only with street yard requirements. Parking area landscape plans shall be reviewed through standard site plan procedures.

(b)

Credit for utilizing existing trees on site greater than or equal to required standards shall be two trees for ever one tree retained;

(c)

When utilizing an existing tree, the area under the dripline (maximum extension of branches) of the tree must remain undisturbed. This includes grading, fill, paving etc.;

(d)

If an existing tree dies, it must be replace[d] with two trees during the next planting season;

(e)

If any vegetation dies, replacement is required within the next planting season;

(f)

Landscaping shall be placed in a manner which meets the intent of this ordinance and shall be maintained;

(g)

Any fraction of requirements shall be rounded up;

(h)

Landscaping shall not obstruct the view of motorists using any street, private driveway parking aisles or the approach to any street intersection so as to constitute a traffic hazard;

1002.3

Landscaping Requirements for Interior Areas of Parking

Areas - Interior areas are defined as the area within the property used for vehicular storage, parking and movement. Landscaping requirements for interior areas are as follows:

(a)

Planting areas shall be no less than 162 square feet, with a minimum width of six (6) feet;

(b)

One tree shall be required for every twenty (20) parking spaces

(c)

No vehicular parking space shall be farther than one hundred (100) feet from a planting area;

1002.4

Landscaping Requirements for Street Yards of Parking Area - Street yards are defined as the area between the public right-of-way and interior area. Landscaping requirements for street yards are as follows:

(a)

Street yards required to be minimum of six feet in width.

(b)

One (1) tree is required every 100 feet along the frontage.

(c)

Shrub beds (50 square feet minimum and a minimum of ten shrubs per shrub bed) are required every 40 feet along the frontage. (Berms may be used instead of shrubs with the following stipulation:

(i)

berms must be the required height of shrubs with no more than a 3:1 slope;

(ii)

shorter shrubs may be used in combination with berms as long as the required total height is met;

(iii)

berms must be capped with ground cover vegetation or grass;

(iv)

berms must occupy 60% of frontage area;

(v)

fences may be used in combination with berms as long as fence is compatible in materials and color to building and is not more than 40% of required total height).

(d)

An area approved by the City Planning Department staff that adjoins a governmental building and designated for the receipt and transfer of prison inmates for housing or court appearances shall be exempt from the landscaping requirements herein.

1002.5

Shrub and Tree Specifications -

Trees as used herein means any tree, evergreen or deciduous, whose mature height of its species can be expected to exceed 15 feet, however 75% of required trees must expect to exceed 35 feet (except in cases where this would require the planting of incompatible species with the surrounding environment, such as overhead utility lines, then acceptable species may be used). The tree, existing or planted, shall be at least eight (8) feet in height and six and one quarter (two inches in diameter) measured at one-half (1/2) foot above grade for newly planted trees and measured at four and one-half (4 1/2) feet above grade for existing trees.

Shrub shall attain a minimum size of thirty (30) inches in height within three years of planting. All shrubs shall be a minimum of eighteen (18) inches tall when planted. All shrubs planted on berms may have a lesser height provided the combined height of the berm and plantings after three years is at least thirty inches in height.

(Ord. of 11-14-2017, § 1; Ord. of 3-19-2019, § 6)