Lewes City Zoning Code
ARTICLE VII
Off-Street Parking and Loading
§ 197-60 Purposes and scope.
A.
Purposes:
(1)
Relieve congestion and facilitate the movement of vehicular traffic.
(2)
Facilitate the movement of police, fire, and other emergency vehicles.
(3)
Promote the safety and convenience of pedestrians and shoppers by locating parking areas so as to lessen vehicle movements in the vicinity of intensive pedestrian traffic.
(4)
Protect adjoining residential neighborhoods from the negative effects of on-street parking.
(5)
Promote the general convenience, welfare, and prosperity of commercial and other uses that depend on off-street parking and loading facilities.
B.
Scope.
(2)
The parking and loading requirements in this part of the chapter are in addition to requirements in other parts of this chapter.
(3)
The parking and loading requirements in this part of the chapter do not limit requirements or conditions that may be imposed in conjunction with other approvals, reviews, or applications.
(4)
Parking and loading facilities may not be used for the sale, repair, servicing, or dismantling of any type of vehicle, equipment, material, or supplies.
§ 197-61 Off-street parking.
A.
Definition. An off-street parking space is a permanently reserved, temporary storage area for one motor vehicle that is not located on, but is directly accessible to, a dedicated street right-of-way by a driveway.
[Amended 3-13-2023]
B.
General requirements.
(2)
The parking requirements in this article do not limit other parking requirements contained in the district regulations.
(3)
The parking requirements in this article do not limit special requirements which may be imposed pursuant to Article XIII, Conditional Uses.
(5)
Where fractional spaces result, the parking spaces required shall be constructed to be the highest whole number.
(6)
Except as otherwise provided, the number of employees shall be compiled on the basis of the maximum number of persons employed on the premises at one time on an average day or average night, whichever is greater. Seasonal variations in employment may be recognized in determining an average day, as determined by the City of Lewes Planning Commission.
(8)
In the case of mixed uses, uses with different parking requirements occupying the same building or premises or in the case of joint use of a building or premises by more than one use having the same parking requirements, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
(9)
Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need under the requirements of this article for an increase in parking spaces of 10% or more than those required before the change or enlargement, such additional space shall be provided on the basis of the change or enlargement. No additional spaces shall be required for the first change or enlargement which would result in an increase of spaces of less than 10% of those required before the change or enlargement, but this exception shall not apply to a series of changes or enlargements which together result in a need or an increase in parking space of 10% or more.
(10)
Parking requirements, if any, for home businesses or home offices shall be determined by the Building Inspector to provide adequate off-street parking outlined in § 197-61. In any event, the front yard shall not be used for the required parking spaces, and parking spaces shall not be less than five feet from any property line.
(11)
All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change, enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located and maintained at a distance not to exceed 400 feet from an institutional building or other nonresidential building served.
(12)
Up to 50% of the parking spaces required for theaters, public auditoriums, bowling alleys, dance halls and nightclubs and up to 100% of the parking spaces required for a church auditorium may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those uses listed, and up to 100% of parking spaces required for schools may be provided and used jointly by a church auditorium; provided, however, that a written agreement thereto is properly executed and recorded as specified below.
(13)
In any case where the required parking spaces are not located on the same lot with the building or use served or where such spaces are collectively or jointly provided and used, such parking space shall be used in conjunction with the principal use and shall be reserved as such through an encumbrance on the title of the property to be designed as required parking space, such encumbrance to be valid for the total period that the use or uses for which the parking is needed are in existence. A certificate of recording shall be furnished to the Building Inspector.
C.
Design standards.
(1)
Minimum area. For the purpose of these regulations, an off-street parking space is an all-weather surfaced area not in a street or alley, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a paved driveway which affords ingress and egress for a motor vehicle. An off-street parking space shall have the following dimensions, exclusive of driveways:
[Amended 10-15-2018; 3-13-2023]
(2)
Vehicular access. Off-street parking areas that make it necessary for vehicles to back out directly into a public road are prohibited, except for dwelling units each having an individual driveway.
(3)
Drainage and maintenance. Off-street parking facilities shall be drained to eliminate standing water and eliminate damage to abutting property and/or public streets and alleys and surfaced with erosion-resistant material in accordance with applicable specifications. Off-street parking areas shall be maintained in a clean, orderly and dust-free condition at the expense of the owner or lessee and not used for the sale, repair or dismantling or servicing of any vehicles, equipment, materials or supplies.
(4)
Separation from walkways and streets. Off-street parking spaces shall be separated from walkways, sidewalks, streets or alleys by a wall, fence or curbing or other approved protective device or by a distance so that vehicles cannot protrude over publicly used areas.
(5)
All curb cuts for entering and/or exiting any off-street parking areas, including single-family dwellings, shall have a maximum width of 20 feet, except in the Town Center District, the R-4 District, the R-4(H) District, and single-family dwellings located in the Limited Commercial District, which the maximum curb cut shall be 12 feet in width.
[Amended 10-14-2024]
(a)
There shall be no maximum width of a curb cut/driveway entrance at the right-of-way on all alleys, and the following streets: Bay Avenue, Bethal Alley, Bradley Lane, St. Paul Street, Midland Avenue, Orr Street, Maul Alley, Shipcarpenter Square, and West Mulberry Street (west of Fourth Street).
(6)
Entrances and exits. Location and design of entrances and exits shall be in accord with the requirements of applicable state regulations and standards. Landscaping, curbing or approved barriers shall be provided along lot boundaries to control entrance and exit of vehicles or pedestrians.
(7)
Interior drives. Interior drives shall be of adequate width to serve a particular design arrangement of parking spaces as determined by the Planning Commission.
(8)
Marking. Parking spaces in lots of more than four spaces shall be marked by painted lines or curbs or other means to indicate individual spaces. Signs or markers shall be used as necessary to ensure efficient traffic operation of the lot.
(9)
Lighting. Adequate lighting shall be provided if off-street parking spaces are to be used at night. The lighting shall be arranged and installed to minimize glare on property in a residential area and all traffic areas.
(10)
Screening. When off-street parking areas for 10 or more motor vehicles are located closer than 50 feet to a lot in a residential district, or to any lot upon which there is a dwelling as a permitted use under these regulations, and where such parking areas are not entirely screened visually from such lot by an intervening building or structure, there shall be provided along the lot a continuous visual screen with a minimum height of six feet. Such screen may consist of a compact evergreen hedge or foliage screening or a louvered wall or fence.
D.
Exceptions. No off-street parking shall be required for uses located within the Town Center, Town Center (Historic), and Cultural/Historic Zoning Districts.
[Amended 4-9-2018; 11-4-2019]
E.
Minimum required spaces.
[Amended 4-9-2018; 5-24-2021; 9-9-2024]
Use | Required Number of Off-Street Parking Spaces |
|---|---|
Single and multifamily dwellings, apartments and garden apartments, other than accessory dwelling units | 2 per dwelling unit |
Accessory dwelling units | 1 per ADU |
Rooming houses, boardinghouses or tourist houses | 1 per rental room, plus 1 for the resident owner or manager |
Hotels, motels and lodging inns | 1 per rental room or suite, plus 1 per 3 employees. If a restaurant, open to the public, is operated in connection with such use, additional off-street parking space meeting the minimum requirements for a restaurant must be provided |
Eating places, taverns or bars and nightclubs, craft distillery and microbrewery | 1 per 200 square feet assigned for patron use, plus 1 for each 2 employees on the largest shift |
Food service drive-in facilities | 15 minimum, plus 1 per 150 square feet of floor area |
Indoor and outdoor commercial recreation | 1 per 150 square feet of floor, building or ground area, or 1 per 4 seats for patron use, whichever is applicable to the particular area |
Offices, office buildings, banks or other financial offices | 1 per 200 square feet of floor area, exclusive of basements, if not used for office or customer service purposes |
Retail stores and supermarkets | 1 per 200 square feet of floor area used for sales or display of merchandise purposes, plus 1 for each 2 employees on the largest shift |
Beauty shops and barbershops and other personal services | 2 per 200 square feet of floor area |
Shopping centers | 5 per 1,000 square feet of gross leasable area |
Furniture and appliance stores | 1 per 400 square feet of floor area devoted to sales and display purposes |
Funeral homes | 1 per 10 square feet of floor area used for seating accommodations, including chairs, plus 1 per employee |
Commercial nurseries, sales of outdoor equipment or furniture and sales of new and used cars, trucks, boats, mobile homes, trailers and campers | 3 per salesman during peak period of employment |
Gasoline service stations | 2 spaces for each employee plus 1 for each service bay |
Automobile service and repair garages | 1 per 500 square feet of floor area, plus 1 per employee during peak period of employment |
Wholesaling and manufacturing establishments | 1 for every 2 employees on the major shift |
Day nurseries, day-care centers or private preschools or kindergartens | 1 for every 1,000 square feet of floor area, plus 1 per adult teacher or attendant |
Elementary and junior high or middle schools | 3 per room used for administrative purposes, plus 1 per classroom, plus 1 for each 5 seats in the auditorium or gymnasium or other facility open to the public |
Senior high, trade and vocational schools, colleges and universities | 3 per room used for administrative offices, plus 1 for every 10 pupils enrolled, plus 1 for each 5 seats in the auditorium, gymnasium or other facility open to the public |
Stadiums, assembly halls, theaters and community centers | 1 per 4 fixed seats in the assembly area or for each 40 square feet of floor area for rooms having movable seats or 1 space per 150 square feet of floor area, whichever is applicable to the facility |
Public libraries | 1 per 400 square feet of floor area for public use, plus 1 per 2 employees |
Nursing homes, convalescent homes and homes for the aged | 1 for each 4 patient beds, plus 1 per each employee on the largest shift |
Hospitals | 1 for each 3 patient beds, except bassinets, plus 1 per medical staff member, plus 1 per 2 employees on the largest shift |
Medical and dental clinics and offices | 1 for each 2 employees, plus 4 per doctor or dentist |
§ 197-62 Off street loading.
A.
Definition. An "off-street loading space" is a space or berth that is not on a dedicated street that is used for the loading or unloading of cargo, products, or materials from vehicles.
B.
Minimum required spaces.
[Amended 5-24-2021]
Use or Category | Square Feet of Floor Area | Loading Spaces Required |
|---|---|---|
Retail store, department store, eating and drinking establishment, wholesale establishment, warehouse, general service, craft distillery, microbrewery, manufacturing, or industrial establishment | 2,000 to 10,000 10,000 to 20,000 20,000 to 40,000 40,000 to 60,000 Each additional 50,000 | 1 2 3 4 1 |
Apartment building, hotel, motel, offices, office building, hospital or similar institution, places of public assembly | 5,000 to 25,000 25,000 to 100,000 100,000 to 200,000 Each additional 50,000 | 1 2 3 1 |
Funeral home or mortuary | N/A | 1 for each chapel |
C.
Additional computational standards.
(1)
Joint use. Where more than one land use occupies a single structure, off-street loading space shall be computed by assuming that the entire building is occupied by the use for which the most spaces are required.
(2)
Modification permitted. The Planning Commission may recommend that the Mayor and City Council, waive the requirement for or reduce the number of required loading spaces for buildings containing less than 10,000 square feet under the following circumstances:
[Amended 2-14-2022; 7-10-2023]
E.
Design standards.
(1)
Loading space dimensions.
Item | General Standard (feet) | Funeral Homes (feet) | |
|---|---|---|---|
Width | 12 | 10 | |
Depth | 40 | 25 | |
Vertical clearance | 14 | 8 |
(2)
Entrances and exits. The location and design of entrances and exits shall be in accord with applicable state or municipal traffic regulations and standards.
(3)
Surface material. Off-street loading areas shall be surfaced with erosion-resistant material in accordance with applicable City specifications.
(4)
Drainage. Off-street loading areas shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys.
(5)
Maintenance. Off-street-loading areas shall be maintained in a clean and orderly condition at the expense of the owner or lessee and not used for the sale, repair, dismantling, or servicing of any vehicles, equipment, materials, or supplies.