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Lexington City Zoning Code

ARTICLE 9

OFF-STREET PARKING & LOADING

Sec. 9.1 INTENT & PURPOSE

The purpose of this section is to ensure the provision of off-street parking facilities that are sufficient in number, adequately sized and properly designed to meet the range of parking needs and demands that are associated with land uses now in place in the Village or with land uses allowed by this Ordinance.

Sec. 9.2 GENERAL PROVISIONS

9.2.1. Where Required.
In all zoning districts, off-street parking facilities for the storage and parking of self-propelled motor vehicles for the use of occupants, employees, and patrons of the buildings hereafter erected, altered, or extended after the effective date of this Ordinance, shall be provided as herein prescribed. Such space shall be maintained and shall not be encroached upon so long as said main building or structure remains, unless an equivalent number of such spaces are provided elsewhere in conformance with this Ordinance.
9.2.2. Existing Off-Street Parking at Effective Date of Ordinance.
Off-street parking existing at the effective date of this Ordinance which serves an existing building or use, shall not be reduced in size to less than that required under the terms of this Ordinance.
9.2.3. Required Greenbelt and Setbacks.
Off-street parking, including maneuvering lanes, shall not be located within the required front greenbelt in accordance with Section 6.2.6 Off-street parking shall be permitted within the required side or rear yard setbacks, provided a minimum five (5) foot setback is maintained between off-street parking and the side and rear lot lines of all adjoining properties. In C-MU, G-MU and CBD districts, off-street parking shall further comply with the siting standards of Section 4.8.
9.2.4. Parking Duration.
Except when land is used as storage space in connection with the business of a repair or service garage, a twenty-four (24) hour time limit for parking in non-residential off-street parking areas shall prevail, it being the purpose and intention of the foregoing that the requirement of maintaining vehicle storage or parking space is to provide for the public safety in keeping parked cars off the streets, but such requirement is not designed to or intended to provide, and it shall be unlawful to permit, the storage or prolonged parking on any such parking area in any such district wrecked or junked cars, or for creating a junk yard or a nuisance in such areas.
9.2.5. Units and Methods of Measurement.
For the purpose of determining off-street parking requirements, the following units of measurement shall apply:
   1.   Floor Area. Where floor area is the unit for determining the required number of off-street parking spaces, said unit shall mean the gross floor area, except that floor areas within the principal building used for parking, incidental service and storage, housing of mechanical equipment, heating systems and similar uses need not be included.
   2.   Employees. For requirements stated in terms of employees, the calculation shall be based upon the maximum number of employees likely to be on the premises during the largest shift.
   3.   Places of Assembly. In stadiums, sports arenas, churches, and other places of assembly in which those in attendance occupy benches, pews, or other similar seating facilities, each twenty-four (24) inches of such shall be counted as one (1) seat. In cases where a place of assembly has both fixed seats and open assembly area, requirements shall be computed separately for each type and added together.
   4.   Fractional Requirements. When units or measurements determining number of required parking spaces result in requirement of a fractional space, any fraction shall require one (1) parking space.
9.2.6. Location of Parking.
   1.   One- and Two-Family Dwellings. The off-street parking facilities required for one-and two-family dwellings shall be located on the same lot or plot of ground as the building they are intended to serve but shall not be considered a parking lot under the provisions of this Article. Existing non-conforming driveways within the five (5) foot setback maybe paved, repaved, asphalt, or re-asphalted.
   2.   Multiple-Family Residential. The off-street parking facilities for multiple-family dwellings shall be located on the same lot or plot of ground as the dwellings they are intended to serve and shall consist of a parking lot as set forth in this Article. In no event shall any parking space be located nearer than ten (10) feet to any main building.
   3.   Other Land Uses. The off-street parking facilities required for all other uses shall be located on the lot or within three hundred (300) feet of the permitted uses requiring such off-street parking, such distance to be measured along lines of public access to the property between the nearest point of the parking facility to the building to be served.
   4.   Restriction on Parking on Private Property. It shall be unlawful for any person, firm, or corporation to park any motor vehicle on any private property without the authorization of the owner or agent of such property.

Sec. 9.3 OFF-STREET PARKING REQUIREMENTS

9.3.1. The amount of required off-street parking spaces for new uses or buildings, and additions to existing buildings shall be determined in accordance with the Schedule set forth in Section 9.4. Parking requirements listed in Section 9.4 shall not include off- street stacking spaces for drive-through facilities set forth in Section 9.7.
9.3.2. Similar Uses and Requirements.
When a use is not specifically mentioned, the requirements of off-street parking for a similar use shall apply.
9.3.3. Collective Provisions.
Nothing in this Section shall be construed to prevent collective provisions of off-street parking facilities for two (2) or more buildings or uses, provided:
   1.   Such facilities collectively shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with Section 9.4 of this Article. However, the planning commission may reduce the total number of spaces by up to twenty-five (25) percent upon a determination that the peak space requirements for the individual uses occur at distinctly different times.
   2.   Each use served by collective off-street parking shall have direct access to the parking without crossing any public rights-of-way.
   3.   Written easements which provide for continued use and maintenance of the parking shall be submitted to the City for approval.
9.3.4. Parking Exemption.
As of the effective date of this Ordinance, buildings and uses located within the CBD - Central Business District shall be exempt from providing off-street parking. However, in no case should a building or use be expanded to remove off-street parking established before the effective date of this Ordinance.
9.3.5. Flexibility in Application.
The Village recognizes that, due to the specific requirements of any given development, inflexible application of the parking standards set forth in Section 9.4 may result in development with inadequate parking or parking far in excess of that which is needed. The former situation may lead to traffic congestion or unauthorized parking on adjacent streets or neighboring sites. The latter situation may result in excessive paving and storm water runoff and a waste of space which could be left as open space.
The Planning Commission may permit deviations from the requirements of Section 9.4 and may require more or allow less parking whenever it finds that such deviations are more likely to provide a sufficient number of parking spaces to accommodate the specific characteristics of the use in question.
The Planning Commission may attach conditions to the approval of a deviation from the requirement of Section 9.4 that bind such approval to the specific use in question. Where a deviation results in a reduction of parking, the Planning Commission may further impose conditions which ensure that adequate reserve area is set aside for future parking, as needed.
The Planning Commission may allow deviations from the hard durable surface lot requirement for seasonal or auxiliary lots. The recommended surface shall be suitable for the given parking area in question.
The Planning Commission may allow deviations from the hard durable surface lot requirement to permit durable alternative materials, such as pervious concrete or permeable pavers, for the purpose of improved stormwater filtration.

Sec. 9.4 TABLE OF OFF-STREET PARKING REQUIREMENTS

The amount of required off-street parking space for new uses or buildings, and additions to existing buildings shall be determined in accordance with the following table:
9.4.1. Required Number of Parking Spaces.
Use
Per Each Unit of Measure as Follows
Use
Per Each Unit of Measure as Follows
Residential Uses
Single- or Two-Family Dwelling
2 per each dwelling unit
Multiple-Family Dwelling
2 per each dwelling, plus
1 per each ten (10) dwelling units
Senior Citizen Housing and Senior Assisted Living
1 per each dwelling unit, plus
1 per each ten (10) dwelling units, plus
1 per each employee
Institutional Uses
Churches
1 per each eight (8) seats based on maximum seating capacity in the main place of assembly therein
Private Clubs & Lodges
1 per each three (3) individual members allowed within the maximum occupancy load as established by fire and/or building codes
Hospitals
1 per each four (4) beds, plus
1 per staff doctor, plus
1 per each employee at peak shift
Convalescent Homes, Homes for the Aged, Children's Homes
1 per each five (5) beds, plus
1 per each staff doctor, plus
1 per each employee at peak shift
High Schools, Trade Schools, Colleges & Universities
1 per each teacher, plus
1 per each twenty-five (10) students, plus
1 per each employee
Elementary & Middle Schools
1 per each teacher, plus
1 per each twenty-five (25) students, plus
1 per each employee
Child Care Center, or Nursery Schools
1 per each five (5) students, plus
1 per each employee
Day Care Homes
1 per each employee and/or caregiver
Stadiums, Sports Arenas, and Auditoriums
1 per each four (4) seats based on maximum seating capacity
Libraries & Museums
1 per each 500 sq. ft. of floor area
General Commercial Uses
Retail Stores, except as otherwise specified
1 per each 300 sq. ft. of floor area herein
Supermarkets, drugstores, and other self- serve
1 per 200 sq. ft. of floor area retail establishments
Convenience Stores and Video Stores
1 per 100 sq. ft. of floor area
Planned Shopping Center
1 per 150 sq. ft. of floor area for the first 15,000 sq. ft., plus
1 per 300 sq. ft. of floor area in excess of 15,000 sq. ft.
Planned Shopping Center
1 per 150 sq. ft. of floor area for the first 15,000 sq. ft., plus
1 per 300 sq. ft. of floor area in excess of 15,000 sq. ft.
Furniture, Appliances, Hardware, Household Equipment Sales
1 per each 600 sq. ft. of floor area, plus
1 per each employee
Motels and Hotels
1 per each guest bedroom, plus
1 per each ten bedrooms, plus
1 per employee, plus amount required for accessory uses, such as a restaurant or cocktail lounge
Fast Food Restaurants
1 per each 125 sq. ft. of floor area, plus
1 per each employee during peak shift
Sit-Down Restaurants
1 per each four (4) seats and for the first 48 seats and per each eight seats for the next 49 seats to 100 seats, and per each 12 seats over 100, plus
1 per each employee during peak shift
Taverns and Cocktail Lounges
1 per each four (4) persons allowed within the maximum occupancy load as established by fire and/or building codes, plus
1 per each employee during peak shift
Nurseries, Garden Centers, Building Material Sales
1 per each 800 sq. ft. of lot area used for said business provided for herein
Movie Theaters
1 per each four (4) seats based on the maximum seating capacity, plus
1 per each employee
Wholesale Stores, Machinery Sales, and other similar uses
1 per each 800 sq. ft. of floor area, plus
1 per each employee
Automotive Uses
Auto Sales
1 per each 200 sq. ft. of showroom floor area, plus
1 per each employee, plus
1 per each service stall
Automotive Repair Facilities
2 per each service stall, plus
1 per each employee, plus
1 per each service vehicle
Gasoline Stations without Convenience Store
1 per each pump unit, plus
2 per each service stall, plus
1 per each employee
Gasoline Stations with Convenience Store
1 per each pump unit, plus 2 per each service stall, plus
1 per each employee, plus
1 per each 100 sq. ft. of floor area devoted to retail sales and customer service
Car Washes (self-serve)
1 per each wash stall, plus
1 per each vacuum station, plus
1 per each employee
Car Washed (automatic)
1 per 200 sq. ft. of floor area of customer waiting and service areas, 1 per each vacuum station, plus 1 per each employee
Collision or Bump Shops, and other Similar Uses
2 per each stall or service area, plus
1 per each employee
Office and Service Uses
Medical & Dental Office
1 per each 150 sq. ft. of floor area
Business & Professional Offices
1 per each 200 sq. ft. of floor area
Banks
1 per each 200 sq. ft. of floor area
Barber & Beauty Shops
3 per each chair
Laundromats or Coin-Operated Dry Cleaners
1 per each 2 washing or dry cleaning machines
Recreational Uses
Bowling Alleys
4 per bowling lane, plus
1 per employee, plus amount required for accessory uses such as a restaurant or cocktail lounge
Private Tennis, Swim or Golf Clubs, or other Similar Uses
1 per each two (2) memberships, plus amount required for accessory uses such as a restaurant or cocktail lounge
Gold Course, open to the general public
4 per each hole, plus
1 per each employee, plus amount required for accessory uses such as a restaurant or cocktail lounge
Industrial Uses
Industrial or Manufacturing Establishments
1 per each employee, at peak shift, or
1 per each 800 sq. ft. of floor area (whichever is greater)
Warehouses and Storage Buildings
1 per each employee, or 1 per each 2,000 sq. ft. of floor area (whichever is greater)
Contractors Office
1 per each employee
 

Sec. 9.5 OFF-STREET PARKING LOT DESIGN & CONSTRUCTION

The construction of any parking lot shall be in accordance with the requirements of the provisions of this Ordinance and such construction shall be completed and approved by the Zoning Administrator before use of the property as a parking lot and before a Certificate of Occupancy is issued. Unless incorporated in a site plan prepared and approved in accordance with Section 3.4, plans for the development of any parking lot must be submitted to the Zoning Administrator, prepared at a scale of not less than fifty (50) feet equals one (1) inch and indicating existing and proposed grades, drainage, pipe sizes, parking of all dimensions, type of curbing, drive and aisle dimensions, lighting, adjacent main buildings, sidewalks, landscaping, surfacing and base materials to be used and the layout of the proposed parking lot.
9.5.1. All such parking lots, driveways, or loading areas required for uses other than single-or two-family residential shall be a hard durable, smooth, and dustless surface and shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area and shall be completely constructed prior to a Certificate of Occupancy being issued. Drainage for parking lots shall conform to the standards set forth in Section 6.11. Hard durable surface is defined as cement, bituminous materials (asphalt), or other comparable compacted materials for those adjacent to or ingressing from a state highway or located in the DDA district.
9.5.2. All illumination for all such parking lots shall meet the standards set forth in Section 6.8.
9.5.3. Parking lot landscaping and buffering requirements shall meet the standards set forth in Section 6.2.5.
9.5.4. Adequate ingress and egress to the parking lot, by means of limited and clearly defined drives, shall be provided for all vehicles.
9.5.5. Where necessary to prevent encroaching upon pedestrian walkway or damaging required landscaping, wheel stops shall be provided. No portion of a parking space and/or maneuvering aisle shall obstruct or encroach upon a public sidewalk.
9.5.6. All parking lots must clearly mark parking spaces either by painted lines, wheel stops, or the equivalent.
9.5.7. Plans for the layout of off-street parking facilities shall be in accordance with the following minimum regulations.
 

Pattern
Maneuvering Lane Width
Parking Space
One-Way
Two-Way
Width
Length
0 Parallel
12 ft
18 ft
9 ft
20 ft
30-53
12 ft
18 ft
9 ft
20 ft
54-74
15 ft
20 ft
9 ft
20 ft
75-90
18 ft
20 ft
9 ft
20 ft
 

Sec. 9.6 OFF-STREET LOADING REQUIREMENTS

On the same premises with every building or part thereof, erected and occupied for any uses involving the receipt or distribution of trucks and/or delivery vehicles, material or merchandise, adequate space for loading and unloading shall be provided in accordance with the following:
9.6.1. Such loading and unloading space, unless completely and adequately provided for within a building, shall be an area ten (10) feet by fifty (50) feet, with fourteen (14) foot height clearance and shall be provided according to the following schedule.
 
Gross Floor Area of Building (sq. ft.)
Required Loading & Unloading Spaces
0-5,000
None
5,000 - I0,000
One (I) space with a minimum length of 20 ft
I0,000 - 20,000
One (I) space
20,000 - I00,000
One (I) space plus one (I) space for each 20,000 sq. ft. in excess of 20,000 sq. ft.
I00,000 - 500,000
Five (5) spaces plus one (I) space for each 40,000 sq. ft. in excess of I 00,000 sq. ft.
Over 500,000
Fifteen ( 15) spaces plus one (I) space for each 80,000 sq. ft. in excess of 500,000 sq. ft.
 
9.6.2. Required Greenbelt, Setbacks, and Screening.
   1.   Off-street loading areas, including maneuvering lanes, shall not be located within the front greenbelt required in accordance with Section 6.2. Off-street loading shall be permitted within the required side or rear yard setbacks, provided a minimum ten (10) foot setback is maintained between off-street loading and the abutting side and rear lot lines.
   2.   Off-street loading which abuts residentially zoned or used property shall be screened in accordance with Section 6.2.
9.6.3. Double Count.
Off-street loading space areas shall not be construed as, or counted toward, the supplying of area required as off-street parking space area.

Sec. 9.7 OFF-STREET STACKING SPACE FOR DRIVE- THROUGH FACILITIES

All businesses which provide drive-through facilities for serving customers within their automobile shall provide adequate off-street stacking space and lanes which meets the following requirements. Banks and carwashes are the only drive-through businesses permitted in the village of Lexington.
9.7.1. Each stacking space shall be computed on the basis of ten (10) feet in width and twenty (20) feet in length. Each stacking lane shall be a minimum of twelve (12) feet in width.
9.7.2. Clear identification and delineation between the drive-through facility and parking lot shall be provided. Drive-through facilities shall be designed in a manner which promotes pedestrian and vehicular safety.
9.7.3. For all drive-through facilities which have a single stacking lane, an escape lane shall be provided which allows other vehicles to pass those waiting to be serviced.
9.7.4. The number of stacking spaces per service lane shall be provided for the following uses:
Use
Stacking Spaces Per Service Lane
Use
Stacking Spaces Per Service Lane
Banks
4
Car Washes (self-service)
Entry
3
Exit
I
Car Washes (automatic)
Entry
6
Exit
2
 
When a use is not specifically mentioned, the requirements for off-street stacking space for the similar use shall apply.

Sec. 9.8 OUTDOOR STORAGE OF RECREATIONAL VEHICLES

In all Residential Districts, a recreational vehicle may be parked or stored subject to the following conditions:
9.8.1. Storage or parking shall not be permitted on vacant lots or parcels, except as approved by the Zoning Administrator.
9.8.2. Unless within a completely enclosed building, a recreational vehicle shall be parked or stored in one of the following manners.
   1.    Within the or rear yard, but no closer than five (5) feet from any side or rear lot line; or, in those instances where the rear yard is not accessible or has insufficient clearance for the passage of a recreational vehicle, the Zoning Administrator may allow (in writing) the parking or storage of a recreational vehicle to be parked in the side yard. In no instance shall such a recreational vehicle be parked or stored in such a manner which obstructs a neighbor’s clean line of vision from their porch/deck, doors, or windows.
   2.   For property adjacent to Lake Huron, recreational vehicles must be stored inside a garage or accessory structure.
9.8.3. No recreational vehicle shall be used for living, sleeping, or housekeeping purposes to accommodate visitors which exceeds a maximum period of forty-eight (48) hours without written authorization from the zoning administrator. If approved for use, the vehicle must be fully self-contained.
9.8.4. No recreational vehicle shall be stored on a public street or right-of-way or private road easement.
9.8.5. All recreational vehicles shall be locked or secured at all times so as to prevent access or injury to person or persons.
9.8.6. Except for periods of less than forty-eight (48) hours, only those recreational vehicles which are owned by the property owner or resident of the property, and which are properly plated and registered may be parked or stored.
9.8.7. At such time as the Zoning Administrator approves storage of a recreational vehicle other than in a rear yard, that written approval is limited to six (6) months. Additional time may be granted but must be approved in writing by the Zoning Administrator.