Lincolnton City Zoning Code
OFF-STREET PARKING
AND LOADING REQUIREMENTS
§ 153.185 OFF-STREET PARKING REQUIREMENTS.
(A) Every new use, or an enlargement, expansion or alteration of an existing use, shall require off-street parking in compliance with this subchapter, except that all off-street parking requirements shall be waived within the C-B District.
(B) The number of required off-street parking spaces shall be increased when a change of use of either a structure or of land requires additional parking spaces in compliance with this subchapter. Parking spaces may be decreased when a change of use requires fewer spaces than provided for in the previous use.
(C) (1) A principal use that is not deficient in the number of off-street parking spaces provided may expand without having to provide additional off-street parking spaces under certain circumstances. The circumstances are:
(a) When, after the expansion, the number of off-street parking spaces provided still meets or exceeds the required minimum; and
(b) If the expansion results in the need to create no greater than 10% or ten, whichever is smaller, additional spaces. These additional spaces may be waived on a one-time basis only. The waiver may only be applied once to any individual principal use, or to any shopping center, office park or similar planned multi-tenant development.
(2) In no instance shall a reduction be allowed for the number of off-street parking spaces parking for any use which expands when, prior to the expansion, the use was deficient in the number of off-street parking spaced provided.
(D) A certificate of compliance will not be issued for any use until all applicable off-street parking and loading requirements in accordance with this chapter have been met and are in place and ready for use.
(E) All off-street parking areas shall be located as follows:
(1) Off-street parking spaces shall generally be provided on the same lot of record as the principal use. In instances where the parking cannot be reasonably provided on the same lot of record, it shall be provided on a separate lot of record, 50% or more whose area is located within 500 feet of the lot of record on which the principal use is located;
(2) (a) Cooperative provisions for off-street parking may be made by contract between owners of adjacent properties, and the contract shall be filed with the Administrator. The parking area provided on any one lot may be reduced to not less than one-half the number of parking spaces required or otherwise provided for the use occupying the lot. The end result of the cooperative parking shall be that the total number of parking spaces provided equals or exceed that which would be required or otherwise provided for each use if computed separately.
(b) Any sharing of parking spaces by uses located on different parcels shall be guaranteed by a legally binding written agreement between the owner of the parking area and the owner of any use located on a different lot and served by the parking area;
(3) No off-street parking area shall be located over an active or auxiliary septic tank field;
(4) The temporary parking or storage of manufactured homes shall be prohibited in all areas that do not permit manufactured homes or in manufactured home sales lots; and
(5) For all nonresidential uses, no off-street parking or loading areas shall be located within 12 feet of any street right-of-way line.
(F) Design standards for parking areas are as follows.
(1) Except as here in provided, each parking space shall contain a rectangular area of at least 19 feet in length and nine feet in width. Whenever parking areas consist of spaces set aside for parallel parking, the dimensions of the parking spaces shall be not less than 22 feet in length and nine feet in width. Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the rectangular area required by this section.
(2) Parking area aisle widths shall meet the following minimum dimensions:
Aisle Width (Ft.) | Parking Space Angle (in Degrees) | |||
One-way traffic | 13 | 13 | 18 | 24 |
Two-way traffic | 19 | 21 | 23 | 24
|
(3) All off-street parking areas with more than 15 off-street parking spaces that are regularly used at least five days per week shall be graded, paved and surfaced with asphalt, concrete or equivalent protection against potholes and dust. Off-street parking areas that are not required to have the surfaces shall be graded and surfaced with crushed stone, gravel or other like material to provide a surface which is stable and will help reduce dust and erosion. For any off-street parking area which does not require a paved parking area surface, whenever an area abuts a paved street, the driveway leading from the street to the area (or, if there is no driveway, the portion of the parking area that opens onto the streets) shall be paved in a manner as herein provided to a distance of 15 feet back from the edge of the paved street. This requirement shall not apply to single-family or two-family residences or any other use that is required to have five or less off-street parking spaces.
(4) All off-street parking areas shall be designed so that vehicles cannot extend over roadways, drives, adjoining property, or sidewalks or bump against any wall, vegetation or other obstruction.
(5) Circulation patterns within off-street parking areas shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles both inside and outside the off-street parking area.
(6) Parking spaces that are required to have paved surfaces shall be appropriately demarcated with painted lines.
(7) See § 153.047 of this chapter for parking lot landscaping requirements.
(G) Permits for driveway locations on state-maintained roads shall be obtained from the State Department of Transportation.
(H) Storm drainage facilities shall be required, and shall be so designed as to protect any public right-of-way or adjacent property from damage.
(I) The requirements for off-street parking spaces shall be computed as follows:
(1) When units of measurement determining the number of required parking spaces result in a fractional space, any fraction of one-half or more shall require one parking space;
(2) Lots containing more than one principal use shall provide parking in the amount equal to the total of the requirements for each use; and
(3) Off-street parking spaces designed for use by the physically handicapped shall be provided as required by the North Caroline Building Code.
(J) The following listing indicates the minimum number of off-street parking spaces required for any use developed or expanded.
(K) The following listing indicates the minimum number of off-street parking spaces required for any use developed or expanded. Parking space calculations for proposed off-street parking lots in the CBT District shall be reduced by 33% of the total amount calculated using the formulas required in this section. (The use classification is shown in bold face print and is followed by each minimum number of parking spaces required.)
Use | Minimum Number of Parking Spaces Required |
Use | Minimum Number of Parking Spaces Required |
Animal hospital, clinic, veterinarian or kennel | One space per 200 sq. ft. of gross floor area |
Art and photo studies | One space per 300 feet of gross floor area |
Auction houses | One space for each three persons in seating or standing capacity of the main auction hall |
Automobile repair, paint or body shops | One space per employee during the shift of greatest employment plus four spaces per bay |
Automobile sales | See Sales lots |
Automobile washing and cleaning establishments | One space for each three employees, and reserve spaces equal to three times the capacity of the establishment |
Banks, savings and loans and other financial institutions | One space per each 100 sq. ft. of gross floor area for the first 1,000 sq. ft. and 1 space for each 300 additional sq. ft. of gross floor area |
Barber shop or beauty shop | Three spaces per barber or beautician during hours of greatest employment |
Bars, nightclubs and private entertainment clubs | One space for each employee during the shift of greatest employment plus one space for each three seats |
Bus station | Four spaces for each loading station, plus one space for each employee during the shift with greatest employment |
Cemeteries | One space per employee during the shift of greatest employment plus parking on private internal roads with room for cars to pass parked cars on the roads |
Charitable and welfare organizations | One space per employee during the shift with greatest employment plus one space for each 300 sq. ft. of gross floor area |
Child advocacy center | 3.3 spaces per 1,000 square feet of floor area |
Churches, synagogues, other places of worship | One space per employee during the shift with greatest employment plus one space for each four seats in the sanctuary |
Colleges, vocational and professional schools | One space for each three students plus one space per employee during the shift of greatest employment |
Convenience store | One space for each 200 sq. ft. of gross floor area plus two spaces for each fuel nozzle |
Customary home occupations | One space plus the number of spaces required for the residential use |
Day care centers, nurseries, preschools and kindergartens | One space per employee during the shift of greatest employment plus one space per ten children of certification capacity |
Dwellings, one-family | Two spaces for each one dwelling unit |
Dwellings, two-family | Two spaces for each one dwelling unit |
Dwellings, multi-family (designed specifically for elderly and/or handicapped persons) | One and one-fourth spaces per dwelling unit |
Dwellings, multi-family (except those dwellings designed specifically for elderly and/or handicapped persons) | One and one-half spaces for each efficiency and one bedroom dwelling unit, two spaces for each two bedroom dwelling unit and three spaces for each three or more bedroom dwelling unit |
Elementary and junior high school | One and three-fourths spaces for each room used for instruction or administration, or one space for each four seats used for assembly purposes, whichever is greater |
Essential services Class III | One space per employee during shift of greatest employment plus one space for each vehicle used in the operation plus one space per 200 sq. ft. of floor area open to the public |
Family care homes | One space for each three employees (total employees), plus one for each two residents |
Food caterer | One space for each employee during shift of greatest employment plus one space for each vehicle used in the operation |
Funeral homes | One space for each four seats in the chapel or chapels, plus two spaces for each three employees, plus one space for each vehicle used in the operation; in addition, off-street parking area shall be provided, on the site, to accommodate a minimum of 30 passenger vehicles for the purpose of forming a funeral procession; in the event that an on-site area is not available, the off-street area may be provided within 300 feet of the funeral home, as measured to the nearest property lines |
Furniture and appliance stores, household equipment repair shops; showroom of a plumber, decorator, electrician or similar trade; laundry and machinery sales | One space per 800 sq. ft. of gross floor area plus one space for the largest number of employees per shift |
Golf courses | One space for the largest number of employees per shift plus four spaces per hole plus one space for each vehicle used in the operation (excluding golf carts) |
Hospitals | Two spaces per patient bed; not including bassinets |
Interior decorator service | One space per 200 sq. ft. of gross floor area |
Jails | One space per employee during the shift with greatest employment; plus one space for each eight beds, plus sufficient spaces for law enforcement vehicles and vehicles used in the jail operation |
Laboratories, analytical and testing | One space per employee during the shift with greatest employment plus one space for each 800 sq. ft. of gross floor area |
Libraries | One space for each 350 sq. ft. of public space, plus one space for each employee during the shift of greatest employment |
Lumber or building material stores | One space per employee during the shift with greatest employment plus one space for each 300 sq. ft. of retail sales space or showroom floor area plus one space for each vehicle used in the operation (outdoor storage or lumber sheds are not counted as retail sales space) |
Maintenance services operations center (janitorial, carpet cleaning, exterminator and the like) | One space per employee during shift of greatest employment during the shift with greatest employment plus one space for each vehicle used in the operation; the spaces required for employees may be reduced by 0.75 for each employee that reports to work off-site at least 75% of workdays |
Manufacturing, processing or fabrication plants, offices for building trades | One space per employee during the shift with greatest employment |
Medical and dental offices and clinics | One parking space for each patient treatment or examination room (or other patient treatment space), plus one space for each 50 sq. ft. of waiting room area, plus one space for each nondoctor employee during shift of greatest employment plus one space for each doctor practicing at the clinic |
Military reserve center | Four spaces for each five personnel, including reservists expected to report for duty at the facility on any day of maximum use |
Motels, hotels and bed and breakfast inns (the number of required off-street parking spaces for restaurants, lounges and banquet facilities located within a motel and hotel shall be computed separately) | One space for each guest room or suite plus one space for each employee on the shift of maximum employment |
Museums and art galleries | One space for each 300 sq. ft. of exhibit space, plus one space for each employee during the shift of greatest employment |
Nursing homes, rest homes, homes for the aged | Three spaces for each five beds |
Offices, professional, business or public, (excluding medical and dental offices and clinics) | One space for each 200 sq. ft. of gross floor area |
Places of public assembly not other wise listed such as auditoriums and stadiums and not constructed pursuant to a permit authorizing the construction of a public community center, public or private school or a residential development | One space for each four seats of seating capacity |
Post office | One space per employee during the shift of greatest employment plus one space for each 300 sq. ft. of gross floor area |
Private residential quarters | One space per private residential quarters |
Product distribution centers | One space for each employee during shift of greatest employment plus one space for each vehicle used in the operation plus one space for each 100 sq. ft. of public area (e.g., sales areas) |
Public safety stations | One space for each employee during the shift of greatest employment |
Radio and television stations | One space for each 300 sq. ft. of gross floor area plus one space for each four seats in viewing areas, plus one space for each vehicle used in the operation |
Recreation facilities, privately owned, outdoor, such as athletic fields, swimming or tennis clubs, amusement parks, not otherwise listed and not constructed pursuant a permit authorizing the construction of come residential development | One space per 200 sq. ft. of area within enclosed buildings plus one space for every three persons that the outdoor facilities are designed to accommodate when used to the maximum capacity |
Recreation facilities, publicly owned, outdoor, such as fields, tennis courts, swimming pools, playgrounds, parks and the like, not otherwise listed and not constructed pursuant to a permit authorizing the construction of another use such as a school | One space per 200 sq. ft. of area within enclosed athletic buildings plus one space for three persons that the outdoor facilities are designed to accommodate when used to the maximum capacity |
Recreation facilities, indoor, not otherwise listed (e.g., gymnasium community center, physical fitness centers or clubs, pinball or video or arcade game centers and the like) | One space for every three persons that the facilities are designed to accommodate when fully utilized (if they can be measured in such a fashion - example, tennis courts) plus one space per 200 sq. ft. of gross floor area used in a manner not susceptible to the calculation, or one space for each three seats (fixed in the largest assembly room) whichever is greatest |
Restaurants (including fast food restaurants) | One space for each employee during the shift of greatest employment plus one space for each three restaurant seats, plus reservoir lane capacity equal to five spaces per drive-thru window (Note: Two drive-thru windows serving one line shall be deemed two drive-thru windows) |
Retail business and consumer service outlets (except as otherwise listed in this section) | One space for each 200 sq. ft. of gross floor area |
Sales lots and showrooms (automobile and mobile home) | Four spaces for each salesperson plus one space per other employee during the shift with greatest employment; these spaces shall be in addition to other spaces used to park all vehicles for sale or on display and in addition to spaces required in this section for automobile repair use classification where sales and repairs are provided by the same establishment; customer and employee parking shall be so designated and shall not be used for inventory parking except while demonstrating a vehicle to a particular customer |
Senior high school | Five spaces for each room used for instruction or administration or one space for each four seats used for assembly purposes, whichever is greater; assembly purposes shall be deemed to include the capacity of either indoor or outdoor assembly, whichever is greater |
Service stations | One space located away from pumps for each fuel pump nozzle plus two spaces for each service bay plus one space for each employee during the shift of greatest employment, plus sufficient parking area to accommodate vehicles at pumps without interfering with other parking spaces |
Shopping centers | One space for each 200 sq. ft. of gross floor area for the first 500,000 sq. ft. plus one space per additional 300 sq. ft. above the first 500,000 sq. ft., but excluding uses other than retail business and consumer service outlets, whose off-street parking requirements are listed separately; off-street parking for these uses shall be computed separately; common pedestrian walkway areas inside enclosed shopping malls are not counted in gross floor area, however the areas occupied by sales establishments and open courts where prepared food is sold and consumed shall be counted |
Theaters, indoor | One space for each employee during the shift of greatest employment plus one space for each four seats |
Truck terminal, warehouses and moving/storage companies | One space per employee during the shift with greatest employment in addition to spaces to be used for vehicles used in the operation |
Wholesale sales | One space per employee during shift of greatest employment plus, one space per 500 sq. ft. of office area, plus one space for each vehicle used in the operation, plus one space for each 500 sq. ft. devoted to on-premises sales such as customer self-service areas and/or showrooms and sales counters |
Video tape rental shops | One space per 100 sq. ft. of gross floor area for the first 1,000 sq. ft. and one space for each additional 150 sq. ft. of gross floor area plus one space for each employee on the shift of greatest employment |
Other uses not listed | The Zoning Administrator may establish a parking requirement for any application for use not listed herein on the basis of similar uses creating similar parking needs as listed in this section; the decision of the Zoning Administrator may be appealed to the Board of Adjustment |
(Prior UDO, § 10.1) (Ord. ZTA-5-2009, passed 11-5-2009; Ord. O-03-2019, passed 6-6-2019; Ord. passed - - ) Penalty, see § 153.999
§ 153.186 DRIVEWAYS FOR ALL USES OTHER THAN ONE OR TWO-FAMILY RESIDENTIAL.
(A) Wherever possible no driveway shall access a public street closer than 100 feet from the right-of-way of an intersecting street. Wherever possible no drive shall access a thoroughfare at a point closer than 150 feet from the intersection of the thoroughfare with the right-of-way of another public street. Where these distances are not possible due to lot dimensions or depth, the drive shall be located as far as possible from the intersection. No more than one driveway access to a street will be permitted for each 150 feet (or fraction thereof) of frontage on the street and in no case shall any lot or tract contain greater than two driveway cuts per road frontage.
(B) Provided however, any retail use engaged significantly in the sale of automotive fuels to the public using pump islands shall be permitted one additional access point along its total frontage (total includes the total for all streets on which the use fronts) provided the access point is no closer than 36 feet from any other access point and there will be no more than two driveways for any street adjoining the property. Each driveway access shall be at least 24 feet in width but not greater than 36 feet in width.
(C) No use may access a public street where, at the point of access, the use is not a permitted use on the side of the street to which the use is accessing.
(Prior UDO, § 10.2) Penalty, see § 153.999
§ 153.187 OFF-STREET LOADING REQUIREMENTS.
(A) Purpose. In order to assure a proper and uniform development of off-street loading areas and to relieve traffic congestion in the streets, the off-street loading requirements set forth in § 153.186 will apply in all zoning districts except the C-B District. These requirements will apply to new structures and uses and to additions to existing structure and uses. (Also see § 153.185(E)(5).)
(B) Minimum off-street loading space requirements. The following minimum loading space requirements shall apply for the appropriate use
(1) Office, restaurant, hotel or motel uses.
Gross Floor Area (Sq. Ft.) | Minimum Number of Loading Spaces |
0 - 5,000 | None |
5,001 - 49,000 | 1 |
50,000 - 99,000 | 2 |
100,000 - or more | 2 plus 1 for each 100,000 sq. ft. in excess of 100,000 sq. ft. |
(2) Other commercial establishments, shopping centers or industrial uses.
Gross Floor Area (Sq. Ft.) | Minimum Number of Loading Spaces |
Gross Floor Area (Sq. Ft.) | Minimum Number of Loading Spaces |
0 - 5,000 | None |
5,001 - 19,999 | 1 |
20,000 - 49,999 | 2 |
50,000 - 79,999 | 3 |
80,000 - 99,999 | 4 |
100,000 - 149,000 | 5 |
150,000 - or more | 5 plus 1 for each 50,000 sq. ft. of gross floor area in excess of 150,000 sq. ft. |
(C) Design of loading spaces.
(1) Off-street loading spaces must be designed and constructed so that all maneuvering to park and unload vehicles for loading and unloading and unloading can take place entirely within the property lines of the premises. Loading spaces must be designed so as not to interfere with the normal movement of vehicles and pedestrians on public rights-of-way. Where feasible, off-street loading shall be located in the rear year.
(2) Each loading berth shall have a paved surface and be a minimum of 12 feet in width and 35 feet in length. Each berth shall also have a minimum vertical clearance of 14 feet. For any use which is required to furnish three or more loading berths, at least one of every three berths shall have a minimum width of 12 feet, minimum length of 65 feet and a minimum vertical clearance of 14 feet.
(Prior UDO, § 10.3) Penalty, see § 153.999
§ 153.188 OFF-STREET PARKING FOR NONRESIDENTIAL USES IN RESIDENTIAL ZONES.
This section applies to off-street parking in support of any principal use not specifically listed as a permitted use or use subject to prescribed standards in a Residential (R) District. Off-street parking in support of any principal use listed as permitted or subject to prescribed standards in a Residential (R) District is allowed as a customary accessory use.
(Prior UDO, § 10.4) (Ord. passed - - ) Penalty, see § 153.999