It is the intent of these regulations to encourage the appropriate location of off-street parking and off-street loading to provide the needed levels of service to the citizens of and visitors to the Town of Liberty and its environs, to avoid undue congestion on the streets, to protect the capacity of the street system, to move traffic, to avoid unnecessary conflicts between vehicles and pedestrians, to preserve and enhance the designated pedestrian activity areas within the town and to facilitate access from streets to off-street parking lots and structures and off-street loading spaces.

(1981 Code, § 601) (Ord. passed 6-28-2004)

   (A)   In all districts, except the B1 district, in connection with every industrial, commercial, institutional, residential or any other use, at the time any new structure is erected or any existing structure enlarged or use of land is increased in density or intensity, or uses of structures or land change, off-street parking shall be provided for vehicles in accordance with requirements contained in this chapter.

   (B)   Conformance with the parking requirements herein shall be for any new use or portion of enlarged use or structures only and not the existing use or structure.

(1981 Code, § 602) (Ord. passed 6-28-2004)

   (A)   The requirements for off-street parking space and off-street loading space shall be a continuing obligation of the owner of the real estate upon which any like structure is located, so long as the structure is in existence and its use requiring parking or loading, or both, continues.

   (B)   It shall be unlawful for an owner of any structure affected by this chapter to discontinue, change or dispense with, or cause the discontinuance or change of the required vehicle parking or loading space apart from the discontinuance of a structure, without establishing alternative parking and loading space which meets the requirements of and is in compliance with this chapter.

(1981 Code, § 603) (Ord. passed 6-28-2004) Penalty, see § 154.999

   (A)   All required parking shall be located on the same zoning lot as the principal use(s) it serves, except as provided below.

   (B)   In lieu of actual construction of required on-site parking spaces, all or any portion of the off-street parking required in this chapter may be provided as follows.

   (C)   Required parking for a use on a zoning lot may be located on another zoning lot, either by itself or combined with parking for other uses, subject to certification by the Zoning Administrator that the following requirements have been met:

      (1)   The use being served by the off-site parking shall be a permitted principal use as established in §§ 154.060 through 154.068, in the zoning districts within which the zoning lot containing parking is located;

      (2)   The off-site parking spaces shall be located within 500 feet walking distance of a public entrance to the structure or land area containing the use for which those spaces are required. A safe, direct, attractive, lighted and convenient pedestrian route shall exist or be provided between the off-site parking and the use being served;

      (3)   The continued availability of off-site parking spaces, necessary to meet the requirements of this chapter, shall be ensured by an appropriate reciprocal easement, satisfactory to the Office of the Town Attorney and recorded with the Register of Deeds of Randolph County;

      (4)   For purposes of determining applicable minimum and maximum land use intensities (in districts where FAR applies), the land area devoted to off-site parking shall be added to the land area of the zoning lot containing the use being served by parking and shall be subtracted from the area of the zoning lot containing the off-site parking;

      (5)   The provision of off-site required off-street parking shall not apply to any residential use; and

      (6)   Off-site required off-street parking shall not be separated from the use it serves by major or minor thoroughfare, as shown on the current Town of Liberty thoroughfare plan map, or other similar physical barriers to convenient access between the parking and the use.

(1981 Code, § 604) (Ord. passed 6-28-2004)

   (A)   (1)   Nothing in this chapter shall be construed to prevent the joint use of off-street parking or off-street loading space for 2 or more structures or uses, if the total of the spaces, when used together, will not be less than the sum of the requirements of the various individual uses computed separately in accordance with the requirements of this chapter.

      (2)   An agreement for a joint use, in the form of a reciprocal easement acceptable to the office of the Town Attorney shall be filed with the Zoning Administrator and recorded with the Register of Deeds for Randolph County.

   (B)   (1)   No part of an off-street parking area or off-street loading area required for any structure or use for the purpose of complying with the provisions of this chapter shall be included as a part of an off-street parking area or off-street loading area similarly required for another structure or use, unless the Zoning Administrator determines that the period(s) of demands for off-street parking for the structures or uses will not be simultaneous with or overlap each other.

      (2)   An agreement, with the Town of Liberty as one of the parties with a right of enforcement, for a joint use, in the form of a reciprocal easement acceptable to the Office of the Town Attorney shall be filed with the Zoning Administrator and recorded with the Register of Deeds for Randolph County.

      (3)   The zoning compliance permit covering the approval shall include the requirements that the permit is valid only so long as the conditions described in the application for the permit exist.

(1981 Code, § 605) (Ord. passed 6-28-2004)

   (A)   Required off-street parking spaces. The number of required off-street parking spaces for all districts except for the B-1 District shall be as set forth in wireless communications facility.

   (B)   Calculation of certain parking requirements.

      (1)   Where parking requirements relate to number of seats, and seating is in the form of undivided pews, benches or the like, 20 lineal inches shall be construed to be equal to 1 seat.

      (2)   Where parking requirements relate to movable seating in auditoriums and other assembly rooms, 10 square feet of net floor area shall be construed to be equal to 1 seat, except where otherwise specified.

      (3)   Net floor area shall be the actual area occupied by seating and related aisles, and shall not include accessory unoccupied areas or the thickness of walls.

(1981 Code, § 606) (Ord. passed 6-28-2004)

   (A)   The Zoning Administrator shall make a determination, in the cases of uses not listed in wireless communications facility, of the minimum required off-street parking spaces.

   (B)   In reaching the determination, the Zoning Administrator shall be guided by the requirements for similar uses, the number and kind of vehicles likely to be attracted to the proposed uses and studies of the parking requirements of uses in other jurisdictions.

(1981 Code, § 607) (Ord. passed 6-28-2004)

   All required parking areas shall meet the following minimum design requirements. All non-required parking and loading areas shall be designed, built and maintained to prevent problems due to erosion, runoff and dust.

   (A)   The minimum dimensions for required off-street parking spaces and aisles shall be in accordance with § 154.147(B).

   (B)   Parking for the handicapped shall be provided as per North Carolina Building Code requirements.

   (C)   (1)   All off street parking facilities shall be designed with permanent means of access to a street or alley and designed to provide all necessary maneuvering lanes and areas.

      (2)   Access drives shall be designed to provide for 2-way traffic with a minimum width of 22 feet. Drives of less than 50 feet where the view of oncoming traffic is not blocked or impaired, may be single lane of not less than 11 feet in width.

   (D)   Except for single-family dwellings, parking facilities shall observe a minimum setback of 10 feet from any public street right-of-way. This requirement shall be coordinated with § 154.086.

   (E)   (1)   Except for single and 2-family dwellings and parking facilities designed for 10 vehicles or less (required spaces in stacking/waiting lanes shall be counted as spaces for determination of total required spaces), all required off-street parking areas shall be paved with concrete or asphalt.

      (2)   Prior to the issuance of a certificate of occupancy, required paving must be installed or its installation guaranteed as per § 154.270.

   (F)   All off-street parking lots shall be graded and drained so as to dispose of all surface water accumulated within the area. Curbed areas and islands may be required where necessary for traffic control and or drainage as necessary to comply with erosion control laws.

   (G)   (1)   Lighting shall be required if nighttime parking is necessary or permitted.

      (2)   If a facility is lighted, lighting shall be directed away from and or shielded from public streets and residential areas and shall not be a hazard or distraction to motorists traveling on a street.

   (H)   Parking areas shall be used for parking of vehicles, only, with no sales, displays, dead storage, repair work, dismantling or service of any kind including the service of motor vehicles permitted.

   (I)   (1)   All off-street parking spaces, including all areas for maneuvering, shall be located solely on private property, and shall not use public property or public rights-of-way.

      (2)   Parked vehicles in off-street parking areas shall be prevented from intruding on travel lanes, walkways, streets, buffer and screen yards, front yard parking setbacks or adjacent properties by means of walls, curbs, wheel stops or other appropriate means.

   (J)   All off-street-parking areas shall be designed to provide safe and convenient circulation, in accordance with commonly accepted traffic engineering practices and subject to the review and approval of the Zoning Administrator in accordance with the engineering practices.

   (K)   All required paved spaces, access and maneuvering areas shall be clearly marked and the markings shall be maintained.

   (L)   Except for single-family dwellings, ingress-egress openings in concrete or asphalt or other curbing provisions, commonly referred to as curb cuts shall be regulated by the following requirements and may require the approval of the Liberty Public Works Department or the North Carolina Department of Transportation, as applicable.

      (1)   The number of curb cuts and all other access points shall be limited to 1 cut on each street where a lot has less than 120 feet of street frontage or to 2 cuts on each street where a lot has 120 feet or more of street frontage.

      (2)   No curb cut shall be less than 12 feet in width or more than 36 feet in width (unless approved by the Liberty Public Works Department or the North Carolina Department of Transportation, as applicable, for up to 50 feet in width to allow use by large trucks).

      (3)   Where 2 curb cuts are permitted for a single lot, a distance of no less than 36 feet shall separate them.

      (4)   No curb cut or other access point shall be located closer than 36 feet to any street intersection. The intersection is determined by the intersecting point of the 2 street right-of-way lines (or lines extended in the case of a rounded corner).

(1981 Code, § 608) (Ord. passed 6-28-2004)

   (A)   It is the intent of this section to protect and promote the public health, safety and general welfare by requiring the landscaping of parking areas which will serve to reduce radiant heat from surfaces, wind and air turbulence, noise, reduce the glare of automobile lights and ameliorate storm water drainage problems and soil erosion; to reduce the level of carbon dioxide and return pure oxygen to the atmosphere; to provide shade; and to protect and preserve the appearance, character and value of adjacent properties.

   (B)   Except for single and 2-family dwellings, all required parking facilities, unless located entirely underground, shall meet the following minimum landscaping requirements:

      (1)   (a)   Parking facilities, unless located on or within a structure, shall be separated from the exterior walls of any structure by providing a grade separation of a minimum of 4 inches and a buffer strip at least 4 feet in width which shall be landscaped and covered with a ground cover or paved to be utilized as a pedestrian walkway.

         (b)   Paved grade separated pedestrian entrance ways or loading access ways as necessary to provide access to the structure are excluded from the landscape requirement; and

      (2)   (a)   In addition to the required landscaping within the front yard setback (§ 154.086 above) and as required in division (A) above, all parking facilities designed for 20 or more vehicles (required spaces in stacking/waiting lanes shall not be counted as spaces for determination of total required spaces) shall provide a minimum of 8.1 square feet of landscaped area per parking space.

         (b)   The landscaped areas shall contain at least 162 square feet with no dimension less than 9 feet and shall be reasonably dispersed throughout the parking facility.

         (c)   Each landscaped area shall contain a canopy tree, groundcover and or mulch (see § 154.097 above for approved materials lists).

   (C)   In providing the vegetation required above, the retention of existing significant vegetation shall be encouraged.

   (D)   All landscaped areas shall be maintained in healthy and growing condition, dead or damaged materials shall be replaced, and areas shall be kept free of trash, refuse and debris.

   (E)   Prior to the issuance of a certificate of occupancy, required landscaping must be installed or its installation guaranteed as per § 154.270.

(1981 Code, § 609) (Ord. passed 6-28-2004)

   (A)   (1)   Every use requiring the receipt or distribution, by vehicles, of materials and merchandise shall have 1 or more loading spaces for standing, loading and unloading on the same zoning lot.

      (2)   Loading space shall be sufficient to allow normal loading and unloading operations of a kind and magnitude appropriate to the property served.

      (3)   Required loading space shall be available for the loading and unloading of vehicles and shall not be used for the storage of vehicles or materials, or to meet off-street-parking requirements, or in conducting the use.

   (B)   The requirements in the following table shall apply to new structures or additions to structures, and shall not be considered to make any existing structure nonconforming for lack of off-street loading.

 

(1981 Code, § 610, Article 600, Table 600-2) (Ord. passed 6-28-2004)

 

 

 

(1981 Code, Article 600, Table 600-1, Diagram 600-1) (Ord. passed 6-28-2004; Am. Ord. passed 11-23-2009; Am. Ord. passed 7-6-2015; Am. Ord. passed 3-23-2020)