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Lewiston City Zoning Code

ARTICLE VII

OFF-STREET PARKING AND LOADING

Sec. 37-145.- Requirement of off-street parking and loading.

At the time a new structure or parking lot is constructed or an existing structure or parking lot is enlarged or the use of an existing structure is changed, off-street parking spaces shall be provided as set forth in this chapter. If parking space has been provided in connection with an existing use or is added to an existing use, the parking space shall not be eliminated if it would result in less space than is required by this chapter, except when providing handicapped parking spaces in accordance with section 37-148 of this Code.

Provided, however, that the number of off-street parking spaces required by section 37-149 of this Code, except those required for residential and commercial residential uses, shall not apply within the central business district of the city, which district is described by the following boundaries:

Commencing at the intersection of Fifth Street and "F" Street, then east on "F" Street to Ninth Street, then north on Ninth Street to "D" Street, then northerly along the extension of Ninth Street to the Dike Bypass Road, then northwesterly along the Dike Bypass Road to Fifth Street, thence continuing along the Dike Bypass Road in a northwesterly then southerly direction to its intersection with Main Street, thence east along Main Street to its intersection with the railroad tracks, then southerly along the tracks to Prospect Avenue, Prospect Boulevard and Prospect Boulevard extended, to the point of beginning, said point being the intersection of Fifth Street and "F" Street.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4178, § 1, 1-27-97; Ord. No. 4205, § 3, 11-17-97; Ord. No. 4504, § 1, 6-23-08; Ord. No. 4725, § 9, 11-26-18; Ord. No. 4939, § 1, 2-24-25)

Sec. 37-146. - General provisions, off-street parking and loading.

The general provisions for off-street parking and loading shall be as follows:

(1)

The provision and maintenance of off-street parking and loading spaces is a continuing obligation of the property owner. No building or other permit shall be issued until plans are presented which show property that is and will remain available for exclusive use as off-street parking and loading space. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this chapter. Should the owner or occupant of any lot or building change the use to which the lot or building is put, thereby increasing off-street parking or loading requirements, it shall be a violation of this chapter to begin or maintain such altered use until such time as the increased off-street parking or loading requirements are complied with.

The construction, reconstruction or expansion of any parking lot within the City of Lewiston or the installation of impervious surfaces in excess of five thousand (5,000) square feet shall require approval of a parking or storage lot construction permit issued by the community development department. All said construction, reconstruction or expansion of parking lots shall comply with the provisions of this article and city standards and construction of all other impervious surfaces shall comply with city standards.

Application for said parking or storage lot construction permit shall be accompanied by a review fee as provided by resolution of the city council, except when said construction is a part of the construction or reconstruction of a structure permitted under a valid building permit issued by the department.

(2)

The zoning official may utilize surveys of similar uses or nationally recognized sources to determine the requirements for types of buildings and uses, whether or not specifically listed herein or at the request of the landowner.

(3)

Outdoor seating areas shall be included in calculating floor area for determining off-street parking requirements.

(4)

When several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately, unless it can be determined that the hours of operation for the uses do not overlap.

(5)

Owners of two (2) or more uses, structures, or parcels of land may agree to utilize jointly the same parking and loading spaces when the hours of operation do not overlap; provided, that satisfactory legal evidence is presented to the city in the form of deeds, leases, or contracts to establish the joint use.

(6)

Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.

(7)

Outside of the central business district, required parking spaces shall be located on the same lot as the building or use they are required to serve, or, if located on a different lot, then they shall not be farther than three hundred (300) feet from the building or use they are required to serve, as measured in a straight line from the building. Within the central business district, required parking spaces shall not be located farther than one thousand three hundred twenty (1,320) feet from the building or use they are required to serve, as measured in a straight line from the building.

(8)

Required parking spaces shall be available for the parking of passenger automobiles for residents, customers, patrons, and employees only, and shall not be used for storage of vehicles or materials or for the parking of trucks used in conducting the business or use.

(9)

Unless otherwise provided, required parking and loading spaces shall not be located in a yard required by this chapter.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4178, § 2, 1-27-97; Ord. No. 4388, § 1, 2-14-05; Ord. No. 4504, § 2, 6-23-08; Ord. No. 4506, § 1, 5-12-08; Ord. No. 4703, § 1, 10-30-17)

Sec. 37-147. - Preexisting parking and vehicle storage lots.

The standards enumerated in sections 37-146, 37-151(b)(2) and 37-153 of this Code shall not apply to parking and vehicle storage lots developed prior to April 22, 1991, but shall apply to said lots when new construction or major remodeling, as defined by section 31-2 of this Code, occurs on the property which the parking or vehicle storage lot serves. In addition thereto a dust palliative is required on all preexisting unpaved parking and vehicle storage lots. The owner shall apply a dust palliative approved by the city engineer prior to June 1 of each year.

(Ord. No. 4108, § 2, 8-15-94)

Sec. 37-148. - Requirement for handicapped parking spaces.

(a)

At the time a new structure or parking lot is constructed or an existing structure or parking lot enlarged or the use of an existing structure is changed or at the time an existing parking lot is repainted or redesigned, and in all cases no later than January 1, 1999, parking specifically designed and properly marked and located for the use of persons with disabilities shall be provided as set forth in this section.

(b)

For the purposes of this section, a handicapped designated space shall be a minimum of one hundred thirty-two (132) inches in width with a sixty-inch-wide access aisle. The lines delineating the handicapped space shall be blue in color, a minimum width of four (4) inches and each space shall be marked with the international accessibility symbol as provided in Idaho Code § 49-410. Painting shall be in conformance with city standards.

(c)

Each designated handicapped space shall also be posted immediately adjacent to and visible from each space, with a sign, which is at least eighty-four (84) inches above the ground, consisting of the international accessibility symbol as shown in Idaho Code § 49-410. Signs shall be in conformance with city standards.

(d)

The number of required handicapped parking spaces shall be as provided below:

Total Parking Spaces Req'd. Minimum Handicapped Spaces
1—25 1
26—50 2
51—75 3
76—100 4
101—150 5
151—200 6
201—300 7
301—400 8
401—500 9
501—1,000 2% of total
1,001 and over 20 plus 1 for each 100 over 1,000

 

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4205, § 4, 11-17-97; Ord. 4349 § 1, 4-12-04)

Sec. 37-149. - Parking requirements based on land use.

Parking shall be provided according to the use of the structure or land. When square feet are specified, then the area measured shall be the gross floor area of the building, but shall exclude any space within a building devoted to off-street parking or loading. When the number of employees is specified, persons counted shall be those working on the premises, including proprietors, during the largest shift at peak session. For both new and existing developments, except within central business district described in section 37-145 of this chapter, the minimum number of parking spaces required shall be fifty (50) percent and the maximum number of parking spaces allowed shall be one hundred (100) percent of the following in accordance with section 37-123.1, except that there shall be no maximum off-street parking for a single-family dwelling.

(1)

Residential uses.

a.

One- or two-family dwellings: Two (2) spaces per dwelling unit or one (1) space per bedroom, up to a maximum of four (4), whichever is greater. Multifamily dwellings outside of the central business district: Two (2) spaces per dwelling unit. Multifamily dwellings within the central business district: One (1) space per dwelling unit.

b.

Rooming or boarding house or dormitory outside of the central business district: Spaces for eighty (80) percent of the guest accommodations plus one (1) additional space for the owner or manager. Rooming or boarding house or dormitory within the central business district: Spaces for forty (40) percent of the guest accommodations plus one (1) additional space for the owner or manager.

c.

Multifamily housing designated for the use of elderly persons: One (1) space for each unit occupied by an elderly person in a multifamily dwelling designated for use by elderly persons. The term "elderly person" shall mean a person meeting the U.S. Department of Housing and Urban Development's then-current definition of that term.

d.

Group home: One (1) space per each employee in the largest work shift, plus one (1) per five (5) clients or fraction thereof.

(2)

Commercial residential.

a.

Motel or hotel outside of the central business district: One (1) space per guest room or suite plus one (1) space per three (3) employees on the largest work shift, plus one (1) space per three (3) persons to the maximum capacity established by the occupancy loading of the International Building Code of each public meeting and/or banquet room, plus fifty (50) percent of the spaces otherwise required for accessory uses such as restaurants and bars. Motel or hotel within the central business district: One (1) space per guest room or suite.

b.

Club or lodge: Spaces to meet the combined requirements of the uses being conducted such as hotel, restaurant, auditorium, etc.

c.

Homeless shelter: One (1) space per four (4) beds; one (1) space per two hundred fifty (250) square feet of office area or per employee/volunteer on the largest shift, whichever is greater; and one (1) bicycle parking rack space per three (3) beds.

(3)

Institutions.

a.

Convalescent hospital, nursing home, sanitarium, rest home, or home for the aged: One (1) space per employee on the largest shift and one (1) space per five (5) clients.

b.

Hospital.

1.

Spaces equal to 0.75 times the number of licensed beds; plus

2.

One (1) space for every two (2) employees, volunteers, trainees, active or associate doctors on staff; plus

3.

Office and/or clinic or out-patient facilities (including emergency room and X-ray department): One (1) space per two hundred fifty (250) square feet of floor area assigned to such use; plus

4.

Retail facilities (including gift shop, bookstore, coffee shop, drugstore and/or other similar uses): One (1) space per two hundred fifty (250) square feet of floor area; plus

5.

Training facilities: One (1) space per ten (10) seats in classrooms, provided students have not been included as hospital employees.

c.

College or university: One (1) space per two (2) students plus one (1) space per employee on the largest shift.

d.

Correctional facility: One (1) space per employee on the largest shift, plus one (1) space for each vehicle assigned to the station plus one (1) space per twenty-five (25) inmates;

e.

Fire or police station: One (1) space for each employee and one (1) space for each volunteer personnel on a normal shift, plus one (1) space for each vehicle assigned to the station. If a business office is included, one (1) space per two hundred (200) square feet of that office space is required in addition.

f.

Other government buildings shall provide parking based on the use of the building as if it were in private ownership.

(4)

Place of assembly.

a.

Church: One (1) space for each four (4) persons allowed within the maximum occupancy load in the main auditorium under the International Building Code.

b.

Library or reading room: One (1) space per four hundred (400) square feet of floor area plus one (1) space per two (2) employees.

c.

Preschool nursery or kindergarten (primary school): Two (2) spaces per teacher.

d.

Elementary or junior high: One (1) space per classroom, plus one (1) space per administrative employee, or one (1) space per four (4) seats or eight (8) feet of bench length in the auditorium, whichever is greater.

e.

High school: One (1) space per employee, plus one (1) space for each three (3) students, or one (1) space per four (4) seats or eight (8) feet of bench length in the main auditorium, whichever is greater.

f.

Other auditorium or meeting room: One (1) space for each two (2) persons allowed within the maximum occupancy load allowed under the International Building Code.

(5)

Commercial amusements.

a.

Stadium, arena, or indoor theater: One (1) space for each two (2) persons allowed within the maximum occupancy load allowed under the International Building Code.

b.

Bowling establishment without restaurant: Six (6) spaces per alley plus one (1) space per two (2) employees.

c.

Bowling establishment with restaurant: Eight (8) spaces per alley plus one (1) space per two (2) employees.

d.

Dance hall or skating rink: One (1) space per one hundred (100) square feet of floor area plus one (1) space per two (2) employees.

(6)

Commercial.

a.

Retail stores, except as provided in subsection (6)(m) of this section: One (1) space per two hundred fifty (250) square feet of floor space;

b.

Beauty and barber shops: Three (3) spaces per operator chair;

c.

Day care center: Two (2) spaces, plus one (1) space for every employee on the maximum shift; a paved unobstructed pick up space with adequate stacking area (as determined by the community development director) shall be provided in addition to standard driveway and parking requirements;

d.

Diet clinic: Four (4) spaces for each doctor or practitioner, and one (1) space for each two (2) seats assigned for food service;

e.

Gas station: One (1) space for every employee on the maximum shift;

f.

Health club: One (1) parking space per patron based on the occupancy load established by the International Building Code, plus one (1) space per employee on the largest working shift;

g.

Indoor racquet courts or tennis courts: Three (3) spaces per court plus one (1) space per employee on the largest shift;

h.

Outdoor storage: One (1) space per employee on the largest shift;

i.

Outdoor retail: One (1) space per five hundred (500) square feet of open sales and/or display area, plus one (1) space per employee;

j.

Dance school: Five (5) spaces, plus one (1) space for each one hundred fifty (150) square feet of dance floor in excess of five hundred (500) square feet;

k.

Self-service storage facility: Three (3) spaces plus one (1) space per one hundred (100) units plus one (1) per employee;

l.

Restaurant, fast food: One (1) space per four (4) seats, plus one (1) space per two (2) employees where seating is at tables, or one (1) space per two (2) seats, plus one (1) space per two (2) employees where seating is at a counter. For a fast-food restaurant with no seating facilities: One (1) space per sixty (60) square feet of net floor area with a minimum of five (5) spaces;

m.

Service or repair shop; retail store handling exclusively bulky merchandise such as automobiles and furniture: One (1) space per six hundred (600) square feet of floor area plus one (1) space per two (2) employees;

n.

Bank or office (except medical or dental clinic): One (1) space per two hundred fifty (250) square feet of floor area;

o.

Medical and dental clinic: Two (2) spaces for each examination room, treatment room, or patient station plus one (1) space for each doctor;

p.

Eating or drinking establishment: One (1) space per four (4) seats;

q.

Mortuary: One (1) space per four (4) seats or eight (8) feet of bench length in chapels;

r.

Nursery or greenhouses: One (1) space per each two hundred fifty (250) square feet of indoor retail sales; greenhouse sales area shall provide one (1) space per one thousand (1,000) square feet and one (1) space per five hundred (500) square feet above one thousand (1,000) square feet; exterior nursery sales area shall provide one (1) space per one thousand (1,000) square feet of exterior nursery sales area.

(7)

Industrial.

a.

Storage warehouse, manufacturing establishment, air, rail, or trucking freight terminal: One (1) space per employee on the largest shift.

b.

Wholesale establishment: One (1) space per employee on the largest shift plus one (1) space per seven hundred (700) square feet of patron service area.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4178, § 3, 1-27-97; Ord. No. 4388, § 2, 2-14-05; Ord. No. 4504, § 3, 6-23-08; Ord. No. 4671, § 1, 10-24-16; Ord. No. 4676, § 28, 11-28-16; Ord. No. 4689, § 11, 4-24-17; Ord. No. 4939, § 3, 2-24-25)

Sec. 37-149.1. - Drive-thru service facilities.

(a)

Number of car queue spaces required. The minimum number of car queue spaces for drive-thru service facilities shall be as follows, unless otherwise justified by a trip generation and site design study performed by a traffic engineer licensed in the State of Idaho specific to the proposed drive-thru service facility and accepted by the city engineer:

(1)

Eating and drinking establishments that have an ordering station separate from the pick-up window: nine (9) spaces total with at least four (4) spaces from the pick-up window to the ordering station; or, if two (2) ordering stations in different lanes merge into a single pick-up window lane, then eleven (11) spaces total with at least five (5) spaces from the pick-up window to the ordering station and at least three (3) spaces per ordering station.

(2)

Eating and drinking establishments without an ordering station separate from the pick-up window and where ordering, payment, and pick-up are done at the same service window: five (5) spaces for a one (1) window facility or four (4) spaces per window for two (2) service windows.

(3)

Car washes: four (4) spaces for a single bay automated system; or two (2) spaces per bay for a multiple bay automated system; or one (1) space per bay if the car wash is a non-automated system whereby the driver gets out of the vehicle to wash the vehicle in the wash bay.

(4)

Pharmacies: four (4) spaces.

(5)

Banks and automated teller machines: three (3) spaces per service station; or, if more than one (1) non-tandem service station (i.e., multiple service station lanes), then two (2) spaces per service station.

(6)

Gas pumps: one (1) space from each end of each pump island.

(7)

Other: For other types of drive-thru service facilities not included in a category listed above, the minimum number of car queue spaces shall be four (4).

(8)

A minimum of two (2) car queue spaces shall be required for the exiting of a drive-thru service facility, as measured from the forward end of the final point of service to any point of anticipated traffic stoppage, such as the intersection of the drive-thru exit lane with another queue lane or with a driveway exit from the property. This minimum number of exit car queue spaces may be increased, as determined by the city engineer, based upon the design and traffic flow conditions specific to the site.

(b)

Design standards and requirements. Drive-thru service facilities shall comply with the following design standards and requirements:

(1)

Minimum car queue space length: twenty (20) feet per space.

(2)

Minimum drive-thru lane and car queue space width: ten (10) feet.

(3)

Minimum drive-thru lane inside turn radius: twenty (20) feet.

(4)

Minimum buffer (not required for gas pumps):

a.

Each drive-thru service facility shall provide a five-foot wide minimum irrigated landscape strip planted with a minimum of one (1) one-and-one-half (1.5) inch diameter caliper shade tree and five (5) shrubs every thirty-five (35) feet along its street frontage(s).

b.

Each drive-thru facility shall provide at least one (1) of the following buffers between the drive-thru lane, including all minimum required car queue spaces and the required two (2) exit car queue spaces, and an adjoining property:

1.

Fifteen-foot minimum distance between outside line of drive-thru lane and property line;

2.

A six-foot tall minimum sight obscuring fence (no chain link with slats) or wall; provided, that it shall not cause a vehicular or pedestrian traffic hazard due to interference with sight distance triangles;

3.

A five-foot wide minimum irrigated landscape strip planted with a minimum of one (1) one-and-one-half (1.5) inch diameter caliper shade tree and five (5) shrubs every twenty-five (25) feet; provided, that the plantings shall not cause a vehicular or pedestrian traffic hazard due to interference with sight distance triangles;

4.

Any combination of reduced versions of the buffers listed above, if the community development director determines it provides equal or greater benefit than the individual buffers listed above.

(5)

Car queue space measurement shall begin from the forward end of the car queue space located at the point of service.

(6)

Drive-thru lanes, including all minimum required car queue spaces and the two (2) required exit car queue spaces, shall be paved.

(7)

Drive-thru lanes shall not be located within a public right-of-way, required parking stall access maneuvering area, or drive aisle.

(8)

Drive-thru lanes shall be clearly demarcated with striping or curbing.

(9)

If a drive-thru lane is located between a building entrance and parking spaces for the building, a minimum four-foot wide pedestrian crossing shall be striped across the drive-thru lane directly in front of the building entrance. The pedestrian crossing shall be clearly identified as such and include a "KEEP CLEAR" or "DO NOT BLOCK" sign or message. The width of the pedestrian crossing shall not count toward the minimum required car queue space length for the drive-thru service facility.

(10)

If provided as part of a drive-thru service facility, an ordering station using a speaker system shall not be located less than ten (10) feet from a residential property without a noise attenuation wall designed to ensure compliance with chapter 24, article II of this Code (Noise Control Regulations).

(11)

Site plans showing compliance with the requirements for drive-thru service facilities set forth herein shall be prepared by a design professional licensed in the State of Idaho.

(12)

Operation of a drive-thru service facility shall only be permitted when ingress and egress to and from a public right-of-way does not generate conflicting turning movements or traffic congestion deemed hazardous by the city engineer. The city engineer may deny an application for a drive-thru service facility or impose limitations as necessary to prevent any such hazardous turning movements or traffic congestion.

(13)

Applicants proposing a car wash shall provide a written statement on the site plan for the building permit application documenting the following:

a.

The proposed car wash and any associated vacuuming service facilities, based upon the particular equipment and site design proposed, will comply with chapter 24, article II of this Code (Noise Control Regulations), and that if a noise violation is found by the city, the property owner will be responsible for implementing measures as necessary to abate the noise violation; and

b.

Based upon the particular car wash and site design proposed, spray that may exit the car wash will not cause a nuisance, and that if said spray is determined by the city to be a nuisance, the property owner will be responsible for implementing measures as necessary to abate the nuisance.

(Ord. No. 4671, § 2, 10-24-16)

Sec. 37-150. - Off-street loading.

Off-street loading shall be required as provided in this article.

(1)

A school having a capacity greater than twenty-five (25) students shall have a driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children.

(2)

Buildings or structures to be built or substantially altered and which receive and distribute material or merchandise by truck shall provide and maintain off-street loading berths in sufficient numbers and sizes to handle adequately the needs of the particular use.

(3)

Vehicles in the berth shall not protrude into a public right-of-way or sidewalk. When possible, loading berths shall be located so that vehicles are not required to back or maneuver in a public street.

(4)

Loading space that has been provided in connection with an existing use or is added to an existing use shall not be eliminated if it would result in less space than is required to handle the needs of the particular use. Off-street parking space used to fulfill the requirements of this chapter shall not be used for loading and unloading except during periods of the day when it is not required to meet the parking needs.

(Ord. No. 4108, § 2, 8-15-94)

Sec. 37-151. - Design requirements for parking lots.

(a)

Parking required by section 37-149 of this Code and associated driveways and vehicle maneuvering areas shall be surfaced with asphalt, concrete, brick, other impermeable surface or other permeable pavers or other surface system of materials manufactured and designed specifically for vehicular parking and constructed so as to uphold the weight of firefighting apparatus. A gravel surface, compacted or not, shall not qualify as a permeable surface system of materials manufactured and designed specifically for vehicular parking. Parking spaces required under this Code shall be striped. Wheel stops shall be provided for any required parking that abuts a public or private sidewalk or path improved and intended for people to walk, except where such sidewalk or walking path is six (6) feet or more in width. Required parking shall meet the dimensional design standards for the development of parking areas established by the public works department of the city, including storm water runoff.

(b)

Overflow parking areas or parking provided in excess of that required by section 37-149 of this Code may be gravel. Parking areas for the display of vehicles associated with a car sales lot shall not qualify as overflow parking. Overflow parking areas for churches, schools, and other similar places of assembly and for commercial amusement and outdoor entertainment facilities may be of any surface. Overflow parking areas shall provide stormwater runoff facilities approved by the public works department of the city, and shall be designed and maintained to prevent dirt from being tracked onto a public street and to prevent dust trespass onto neighboring properties. Exiting for overflow parking areas shall be arranged such that the vehicles must pass over a minimum of twenty (20) feet of asphalt, concrete or brick to allow any mud to track off prior to vehicle entry onto a public street. Dust palliative shall be applied as necessary to prevent dust trespass onto adjoining properties. Vehicular access to any overflow parking areas which does not utilize existing approved access from a public street is subject to approval of the department of public works. Overflow parking shall provide six-foot-tall sight-obscuring fencing or landscaping in accordance with section 37-153(b)(1) of this Code along any abutting residentially zoned property line. Overflow parking shall not be located within any yard/setback area required by this chapter if such yard/setback is adjoining a residential zoning district.

(c)

Except for parking in connection with dwelling, parking and loading area adjacent to or within a residential zone or adjacent to a dwelling shall be designed to minimize disturbances of residents by the erection between the uses of a sight-obscuring fence of not less than five (5) nor more than six (6) feet in height, except where vision clearance is required.

(d)

Parking spaces along a property line shall be contained by a bumper rail, curb, or wheel stops at least four (4) inches high and set back a minimum of two (2) feet from the property line. Such containment shall not be required if the property line in question is common between two (2) lots which have a shared parking and/or access design and the bumper rail, curb or wheel stops would interfere with the shared parking and/or access design.

(e)

Except for single-family and two-family dwellings, groups of more than two (2) parking spaces shall be so located and served by a driveway that their use will require no backing movement or other maneuvering within a street right-of-way other than an alley.

(f)

Service drives and street approaches to off-street parking areas shall be designed and spaced to provide maximum safety for vehicles and pedestrians. The number of service drives shall be limited to the minimum that will accommodate anticipated traffic. Service drive approach widths, design and spacing shall be in accordance with the adopted design standards of the department of public works and subject to approval by the department of public works.

(g)

Creation of any parking lot or parking area described in this section shall be subject to approval of a parking lot development permit and associated plan submitted by the property owner or appropriate representative to the community development department and routed to the public works and fire departments for approval. The plan shall show compliance with the design standards of this Code section.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4531, § 15, 7-13-09; Ord. No. 4575, § 1, 2-27-12)

Sec. 37-152. - Completion time for parking lots.

Required parking spaces shall be improved as required and made available for use before the final inspection is completed by the building inspector. If the parking space is not required for immediate use, an extension of time may be granted by the community development director, providing that a performance bond or its equivalent is posted equaling the cost to complete the improvements as estimated by the building inspector. If the improvements are not completed within one (1) years' time, the bond or its equivalent shall be forfeited and the improvements constructed under the direction of the city.

(Ord. No. 4108, § 2, 8-15-94)

Sec. 37-153. - Landscaping.

(a)

Purpose: Landscaping requirements are to be an integral part of all development. The intent is to mitigate pollution, buffer incompatible uses, reduce the barren appearance of parking lots, create aesthetic environments, create shade and reduce heat buildup while maintaining design flexibility.

(b)

Landscaping shall be required for all off-street parking areas for more than five (5) vehicles, except for those uses enumerated in subsection (j) of this section and to provide landscaped buffers between public rights-of-way and parking lot areas, subject to the following provisions:

(1)

A five-foot minimum buffer strip is required between the parking lot and public rights-of-way with a minimum of one (1) one and one-half-inch caliper shade tree and five (5) shrubs every thirty-five (35) linear feet.

(2)

All parking lots under ten thousand (10,000) square feet of vehicular surface area shall have a minimum of two-foot wide perimeter planting area around that portion of the parking area not adjacent to the public rights-of-way. All lots over ten thousand (10,000) square feet are to have a minimum of five-foot perimeter planting strip around that portion of the parking area not adjacent to the public right-of-way. All perimeter planting strips are to have a minimum of one (1) shade street of one and one-half-inch caliper and five (5) shrubs every thirty-five (35) linear feet.

(3)

Interior landscaping is to be a percentage of the total vehicular surface area and is in addition to the perimeter and right-of-way landscaping requirements.

Vehicular surface area Percent of interior landscaping
2,500—6,999 square feet 3%
7,000—49,999 square feet 5%
50,000—149,000 square feet 8%
150,000 or larger 10%

 

Interior plantings are to include trees with a minimum size of one and one-half-inch caliper. To ensure proper growth of vegetation, all interior planting beds shall have a minimum dimension of six (6) feet at the narrowest point with a soil depth appropriate for the trees selected. See City of Lewiston tree planting standards and techniques for proper tree planting procedures. No shrub landscaping is required for interior planting.

Required shade trees will be of such species and canopy shape to provide a predicted fifty (50) percent canopy cover of the parking lot area after a ten-year growth period.

All tree species shall be classified by the City Tree Selection Guide as drought, insect and disease resistant. Exceptions may be approved by the community development director upon the recommendation of the city forester. Preservation of healthy trees existing on the site before construction may be used to satisfy species and landscaping requirements.

(4)

An irrigation system shall be provided for all required landscaping.

(c)

In the commercial (C), manufacturing (M) zones, airport (A) and port (P) zone, all required front yard setbacks shall be landscaped. Landscaping shall consist of a minimum of one (1) tree of one-and-one-half-inch caliper and five (5) shrubs per thirty-five (35) linear feet.

(d)

In the commercial (C), manufacturing (M), airport (A), and port (P) zones, when abutting a residential zone, the required side and rear yards, which share a common property line with the residential zone, shall be landscaped or fenced except as provided for in this section. Landscaping shall consist of a minimum of sixty (60) percent coniferous plants, a minimum of six (6) feet in height at the time of planting, spaced in a manner to create a complete visual screen between the abutting land uses within three (3) years from time of planting. Fencing shall consist of six-foot-tall wood, slatted chained link or masonry panels. Prior to installation of the landscaping or fencing, the adjacent residential property owner shall be contacted and asked for input whether the buffer will be landscaping or fencing. The adjacent residential owner may also waive the buffer. The adjacent residential property owner shall be given fifteen (15) days to indicate their preference. If no response is provided within fifteen (15) days, the nonresidential property owner may install fencing or landscaping as described above.

(e)

Trees and shrubs may be arranged to achieve the desired effect provided the required number is provided.

(f)

A performance bond may be required to ensure compliance with this section and to cover maintenance for a period not to exceed one (1) year after time of planting.

(g)

An occupancy permit shall not be issued by the community development department until the required landscaping is completed. Occupancy of a building is not allowed unless the following condition applies:

(1)

If, due to seasonal weather considerations, it is not feasible to install required landscaping, a temporary certificate of occupancy may be issued after a performance bond or other security instrument acceptable to the city attorney has been posted with the city in the amount of one hundred twenty-five (125) percent of the value of the required improvements.

(h)

It is not the intent of this chapter to inhibit creative solutions to land use problems. An alternative design or modification of these requirements may be allowed with the approval of the community development director. This is not a variance of or waiver of existing standards and the proposed alternative must meet or exceed existing requirements. Requirements may be modified when:

(1)

Soil or slope limitations make strict adherence impractical;

(2)

Safety considerations are involved, especially in the clear vision triangles;

(3)

Due to a change of use of an existing site, the required buffer yard is larger than can be provided.

(i)

In all manufacturing and commercial zones, all undeveloped land areas that were disturbed during the construction phase, excluding the building footprints and parking areas, shall be leveled to grade, removing all surface irregularities, weed growth and construction debris in preparation for installation of approved erosion control measures. All areas that were previously disturbed during the construction phase and subsequently prepared for seeding, must be properly planted with specified grass during the first seasonally appropriate planting period. All areas which will not be seeded with grasses shall be stabilized with approved erosion control measures prior to issuance of a certificate of occupancy for the primary structure.

(j)

Exemptions:

(1)

Single-family residential off-street parking areas;

(2)

Properly licensed auto and vehicle dealers are exempt from providing landscaping within the interior of the sales and display area.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4400, § 1, 7-11-05)

Sec. 37-154. - Incentives for landscaping.

The community development director may reduce the parking requirements by up to five (5) percent of the required number of spaces if the proposed landscape plan incorporates the retention of significant trees, particularly in the interior of the site, or if the proposed landscaping area exceeds the requirements of this chapter by fifteen (15) percent or more.

(Ord. No. 4108, § 2, 8-15-94)

Sec. 37-155. - Parking and landscape plan requirements.

(a)

A plan, drawn to scale, indicating how the off-street parking and loading requirements and landscaping requirements will be met shall be submitted to the community development director for review and approval at the time of application for a building permit. The plan shall show all elements necessary to indicate that the requirements are being met, including the following:

(1)

Individual parking and loading spaces showing parking space striping and capacity calculations;

(2)

Circulation area necessary to serve spaces;

(3)

Access to off-street and property to be served;

(4)

Curb cuts;

(5)

Dimensions, continuity, and substance of screening, if any;

(6)

Grading, surfacing, drainage, and subgrading details;

(7)

Obstacles, if any, to parking and traffic circulation in finished parking area;

(8)

Specifications for signs and bumper guards;

(9)

Footprint and dimensions of all existing and proposed structures;

(10)

All sidewalks and pedestrian ways;

(11)

Location, height and materials for all fences and walls;

(12)

Boundaries and dimensions of the site;

(13)

Location and spacing of all plant material;

(14)

Common and scientific names of all plant materials;

(15)

Size of plants at time of planting;

(16)

Type and depth of mulch;

(17)

Required irrigation systems;

(18)

Other pertinent details.

(b)

All tree planting shall conform to procedures contained in the most recent edition of "Tree and Shrub Transplanting Manual", distributed by International Society of Arboriculturalists, a copy of which is maintained in the office of the city forester.

(Ord. No. 4108, § 2, 8-15-94)