Lumberton City Zoning Code

ARTICLE XVIII

PARKING

Sec. 35-290.- Definitions.

Unless otherwise specifically provided or unless clearly required by the context, the words and phrases defined below shall have the meaning indicated when used in this section.

Circulation area. That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.

Driveway. That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.

Gross floor area. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Loading and unloading area. That portion of the vehicle accommodation area used to satisfy the requirements of section 35-300.

Vehicle accommodation area. That portion of a lot that is used by vehicles for access, circulation, parking and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas, (spaces and aisles).

Parking area aisles. A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.

Parking space. A portion of the vehicle accommodation area set for the parking of one vehicle.

Diameter at breast height (DBH). The measurement of the diameter of a tree trunk taken at a height of four feet above the ground.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 1629, 9-8-97; Ord. No. 2021.06.02 , 6-9-21)

Sec. 35-291. - Number of parking spaces required.

(a)

All developments in all zoning districts other than the B-1 district shall provide a sufficient number of parking spaces to accommodate the number of vehicles that ordinarily are likely to be attracted to the development in question.

(b)

The presumptions established by this chapter are that: (i) a development must comply with the parking standards set forth in subsection (e) to satisfy the requirement stated in subsection (a); and (ii) any development that does meet the standards is in compliance. However, the table of parking requirements is only intended to establish a presumption and should be flexibly administered, as provided in section 35-292.

(c)

Uses in the table of parking requirements (subsection (e)), are indicated by a numerical reference keyed to the table of permissible uses, section 35-149. When determination of the number of parking spaces required by this table results in a requirement of a fractional space, any fraction of one-half or less may be disregarded, while a fraction in excess of one-half shall be counted as one parking space.

(d)

The council recognizes that the table of parking requirements set forth in subsection (e) cannot and does not cover every possible situation that may arise. Therefore, in cases not specifically covered, the permit-issuing authority is authorized to determine the parking requirements using this table as a guide.

(e)

Table of parking requirements.

Use	Parking requirement
1.110 1.120	2 spaces plus 1 space per room rented out (see accessory use, section 35-150).
1.130	3 spaces.
1.200	2 spaces for each dwelling unit, except that 1-bedroom units require only 1 space.
1.310 1.330	1½ 1 1/2 spaces for each 1-and 2-bedroom unit, 2 spaces for each unit with 3 or more bedrooms, plus 1 additional space for every 4 units in the development.
1.320	2 spaces for each manufactured home.
1.400	3 spaces for every 5 beds except for uses exclusively serving children under 16, in which case 1 space for every 3 beds shall be required.
1.510	1 space for each bedroom.
1.520 1.530	1 space for each room to be rented plus additional spaces (in accordance with other sections of this table) for restaurant or other facilities
1.700	4 spaces for offices of physicians or dentists; 2 spaces for attorneys; 1 space for all others.
2.111 2.112	1 space per 200 square feet of gross floor area.
2.113	1 space per 150 square feet of gross floor area.
2.120 2.130	1 space per 400 square feet of gross floor area.
2.210	1 space per 200 square feet of gross floor area.
2.220 2.230	1 space per 400 square feet of gross floor area.
3.110	1 space per 200 square feet of gross floor area.
3.120	1 space per 400 square feet of gross floor area.
3.130	1 space per 150 square feet of gross floor area.
3.210	1 space per 200 square feet of gross floor area.
3.220	1 space per 400 square feet of gross floor area.
3.230	1 space per 200 square feet of area within main building plus reservoir lane capacity equal to 5 spaces per window (10 spaces if window serves 2 stations).
4.110	1 space per 400 square feet of gross floor area.
4.120 4.200	1 space for every 2 employees on the maximum shift except that, if permissible in the commercial districts, such uses may provide 1 space per 200 square feet of gross floor area.
4.400	1 space for every 2 employees on the largest shift, plus 1 space for each vehicle belonging to the use or serving the use and parked at the use a majority of the time in a 24 hour period or overnight.
5.110	1.75 spaces per classroom in elementary schools; 5 spaces per classroom in high schools.
5.120	1 space per 100 square feet of gross floor area.
5.130	1 space per 150 square feet of gross floor area.
5.200	1 space for every 4 seats in the portion of the church building to be used for services plus spaces for any residential use as determined in accordance with the parking requirements set forth above for residential uses, plus 1 space for every 200 square feet of gross floor area designed to be used neither for services nor residential purposes.
5.300 5.400	1 space per 300 square feet of gross floor area.
6.110	1 space for every 3 persons that the facilities are designed to accommodate when fully utilized (if they can be measured in such a fashion—example, tennis courts or bowling alleys) plus 1 space per 200 square feet of gross floor area used in a manner not susceptible to such calculation.
6.120 6.130	1 space for every 4 seats.
6.160	1 space per 100 square feet of gross floor area, plus 3 additional parking spaces.
6.210 6.220	1 space per 200 square feet of area within enclosed buildings, plus 1 space for every 3 persons that the outdoor facilities are designed to accommodate when used to the maximum capacity.
6.230	Miniature golf course, skateboard park, water slide, and similar uses—1 space per 300 square feet of area, plus 1 space per 200 square feet of building gross floor area; driving range—1 space per tee, plus 1 space per 200 square feet in building gross floor area; par 3 course—2 spaces per golf hole plus 1 space per 200 square feet of building gross floor area.
6.240	1 space per horse that could be kept at the stable when occupied to maximum capacity.
6.250	1 space for every 3 seats.
6.260	1 space per speaker outlet.
7.100	2 spaces per bed or 1 space per 150 square feet of gross floor area, whichever is greater.
7.200	3 spaces for every 5 beds. Multifamily units developed or sponsored by a public or nonprofit agency for limited income families or the elderly require only 1 space per unit.
7.300 7.400	1 space for every 2 employees on maximum shift.
7.510 7.520 7.530	1 space per every 3 beds or 1 space per 400 square feet of gross floor area, whichever is greater.
8.100	1 space per 100 square feet of gross floor area.
8.200 8.300	Same as 8.100, plus 1 space for every 4 outside seats.
8.400	Same as 8.200, plus reservoir lane capacity equal to 5 spaces per drive-in window.
9.100 9.200 9.300 9.400	1 space per 200 square feet of gross floor area.
9.500	1 space per 200 square feet of gross floor area of building devoted primarily to gas sales operation, plus sufficient parking area to accommodate vehicles at pumps without interfering with other parking spaces.
9.600	Conveyer type—1 space for every 3 employees on the maximum shift plus reservoir capacity equal to 5 times the capacity of the washing operation; self-service type—2 spaces for drying and cleaning purposes per stall plus 2 reservoir spaces in front of each stall.
9.700	1 space for every 2 employees on the largest shift plus 1 space for each vehicle belonging to the use or serving the use and parked at the use a majority of the time in a 24-hour period or overnight.
9.800 9.810	1 space per 200 square feet of gross floor area
10.210 10.220	1 space for every 2 employees on the maximum shift, but not less than 1 space per 5,000 square feet of area devoted to storage (whether inside or outside).
10.400	1 space for every 2 employees on the largest shift, plus 1 space for each vehicle belonging to the use or serving the use and parked at the use a majority of the time in a 24-hour period or overnight.
11.000	1 space for every 2 employees on the largest shift, plus 1 space for each vehicle belonging to the use or serving the use and parked at the use a majority of the time in a 24-hour period or overnight.
12.000	1 space per 200 square feet of gross floor area.
13.000	1 space per 200 square feet of gross floor area.
14.000	1 space for every 2 employees on maximum shift.
15.100 15.200	1 space per 200 square feet of gross floor area.
15.300	1 space for every 2 employees on maximum shift.
15.400	1 space per 100 square feet of gross floor area.
16.000	1 space per 200 square feet of gross floor area.
19.000	1 space per 1,000 square feet of lot area used for storage, display, or sales.
20.000	1 space per 100 square feet of gross floor area.
21.200	1 space per 200 square feet of gross floor area.
22.000	1 space per employee, plus 1 space per 200 square feet of gross floor space.
24.000	1 space per 200 square feet of gross floor area.
25.000	1 space per 200 square feet of gross floor area.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 1456, 8-22-94; Ord. No. 1690, 9-28-98; Ord. No. 2013.10.02, § 1, 10-9-13; 2014.05.01, 5-12-14; Ord. No. 207.12.03, 12-6-17; Ord. No. 2018.01.02 , 1-10-18; Ord. No. 2021.06.02 , 6-9-21)

Editor's note— Ord. No. 1690, adopted Sept. 28, 1998, states: "the effective date of these amendments shall be January 1, 2000, for all developments existing on the date of adoption of this chapter and for all other developments, including new developments, the effective date of this chapter shall be the date of adoption."

Sec. 35-292. - Flexibility in administration required.

(a)

The council recognizes that, due to the particularities of any given development, the inflexible application of the parking standards set forth in subsection 35-291(e) may result in a development either with inadequate parking space or parking space far in excess of its needs. The former situation may lead to traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots. The latter situation results in a waste of money as well as a waste of space that could more desirably be used for valuable development or environmentally useful open space. Therefore, as suggested in section 35-291, the permit-issuing authority may permit deviations from the presumptive requirements of subsection 35-291(e) and may require more parking or allow less parking whenever it finds that such deviations are more likely to satisfy the standard set forth in subsection 35-291(a).

(b)

Without limiting the generality of the foregoing, the permit-issuing authority may allow deviations from the parking requirements set forth in subsection 35-291(e) when it finds that:

(1)

A residential development is irrevocably oriented toward the elderly;

(2)

A business is primarily oriented to walk-in trade.

(c)

Whenever the permit-issuing authority allows or requires a deviation from the presumptive parking requirements set forth in subsection 35-291(e), it shall enter on the face of the permit the parking requirement that it imposes and the reasons for allowing or requiring the deviation.

(d)

If the permit-issuing authority concludes, based upon information it receives in the consideration of a specific development proposal, that the presumption established by subsection 35-291(e) for a particular use classification is erroneous, it shall initiate a request for an amendment to the table of parking requirements in accordance with the procedures set forth in article XX.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

Sec. 35-293. - Parking space dimensions.

(a)

Subject to subsections (b) and (c), each parking space shall contain a rectangular area at least 19 feet long and nine feet wide. 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.

(b)

In parking areas containing ten or more parking spaces, up to 20 percent of the parking spaces need contain a rectangular area of only 7½ feet in width by 15 feet in length. If such spaces are provided; they shall be conspicuously designated as reserved for small or compact areas only.

(c)

Wherever parking areas consist of spaces set aside for parallel parking, the dimensions of such parking spaces shall be not less than 22 feet by nine feet.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

Sec. 35-294. - Required widths of parking area aisles and driveways.

(a)

Paring area aisle widths shall conform to the following table which varies the width requirement according to the angle of parking.

	Parking Angle
Aisle Width	0°	30°	45°	60°	90°
One-way traffic	13	11	13	18	24
Two-way traffic	19	20	21	23	24

(b)

Driveways shall be not less than ten feet in width for one-way traffic and 18 feet in width for two-way traffic, except that ten-foot-wide driveways are permissible for two-way traffic when: (i) the driveway is not longer than 50 feet, (ii) it provides access to not more than six spaces, and (iii) sufficient turning space is provided so that vehicles need not back into a public street.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

Sec. 35-295. - General design requirements.

(a)

Unless no other practicable alternative is available, vehicle accommodation areas shall be designed so that, without resorting to extraordinary movements, vehicles may exit such areas without backing onto a public street. This requirement does not apply to parking areas consisting of driveways that serve one or two dwelling units, although backing onto arterial streets is discouraged.

(b)

Vehicle accommodation areas of all developments shall be designed so that sanitation, emergency, and other public service vehicles can serve such developments without the necessity of backing unreasonable distance or making other dangerous or hazardous turning movements.

(c)

Every vehicle accommodation area shall be designed so that vehicles cannot extend beyond the perimeter of such area onto adjacent properties or public rights-of-way. Such areas shall also be designed so that vehicles do not extend over sidewalks or tend to bump against or damage any wall, vegetation, or other obstruction.

(d)

Circulation areas shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles and without interfering with parking areas.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

Sec. 35-296. - Vehicle accommodation area surfaces.

(a)

Vehicle accommodation areas required by this chapter that (i) include lanes for drive-in windows, or (ii) contain parking areas that are required to have more than ten parking spaces and that are used regularly at least five days per week shall be graded and surfaced with asphalt, concrete or other material that will provide equivalent protection against potholes, erosion, and dust. Specifications for surfaces meeting the standard set forth in this subsection shall comply with city's specifications.

(b)

Vehicle accommodation areas that are not provided with the type of surface specified in subsection (a) shall be graded and surfaced with crushed stone, gravel, or other suitable material (as provided in the specifications set forth by the city) to provide a surface that is stable and will help to reduce dust and erosion. The perimeter of such parking areas shall be defined by bricks, stones, railroad ties, or other similar devices. In addition, whenever such a vehicle accommodation area abuts a paved street, the driveway leading from such street to such area (or, if there is no driveway, the portion of the vehicle accommodation area that opens onto such street), shall be paved as provided in subsection (a) for a distance of 15 feet back from the edge of the paved street. This subsection shall not apply to single-family residences, duplexes, multifamily residences consisting of two dwelling units, or other uses that are required to have only one or two parking spaces.

(c)

Parking spaces in areas surfaced in accordance with subsection (a) shall be appropriately demarcated with painted lines or other markings. Parking spaces in areas surfaced in accordance with subsection (b) shall be demarcated whenever practicable.

(d)

Vehicle accommodation areas shall be properly maintained in all respects. In particular, and without limiting the foregoing, vehicle accommodation area surfaces shall be kept in good condition (free from potholes, etc.) and parking space lines or markings shall be kept clearly visible and distinct.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 1334, 4-27-92; Ord. No. 2021.06.02 , 6-9-21)

Sec. 35-297. - Joint use of required parking spaces.

(a)

One parking area may contain required spaces for several different uses, but, except as otherwise provided in this section, the required space assigned to one use may not be credited to any other use.

(b)

To the extent that developments that wish to make joint use of the same parking spaces operate at different times, the same spaces may be credited to both uses. For example, if a parking lot is used in connection with an office building on Monday through Friday but is generally 90 percent vacant on weekends, another development that operates only on weekends could be credited with 90 percent of the spaces on that lot. Or, if a church parking lot is generally occupied only to 50 percent of capacity on days other than Sunday, another development could make use of 50 percent of the church lot spaces on those other days.

(c)

If the joint use of the same parking spaces by two or more principal uses involves satellite parking spaces, then the provisions of section 35-298 are also applicable.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

Sec. 35-298. - Satellite parking.

(a)

If the number of off-street parking spaces by this chapter cannot reasonably be provided on the same lot where the principal use associated with these parking spaces is located, then spaces may be provided on adjacent or nearby lots in accordance with the provisions of this section. These off-site spaces are referred to in this section as "satellite" parking spaces.

(b)

All such satellite parking spaces (except spaces intended for employee use) must be located within 400 feet of a public entrance of a principal building housing the use associated with such parking, or within 400 feet of the lot on which the use associated with such parking is located if the use is not housed within any principal building. Satellite parking spaces intended for employee use may be located within any reasonable distance.

(c)

The developer wishing to take advantage of the provisions of this section must present satisfactory written evidence that he has the permission of the owner or other person in charge of the satellite parking spaces to use such spaces. The developer must also sign an acknowledgement that the continuing validity of his permit depends upon his continuing ability to provide the requisite number of parking spaces.

(d)

Persons who obtain satellite parking spaces in accordance with this section shall not be held accountable for ensuring that the satellite parking areas from which they obtain their spaces satisfy the design requirements of this chapter.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

Sec. 35-299. - Special provisions for lots with existing buildings.

Notwithstanding any other provisions of this chapter, whenever: (i) there exists a lot with one or more structures on it constructed before the effective date of this chapter, and (ii) a change in use (other than a change to a 4.000 classification use in a commercial zoning district) that does not involve any enlargement of a structure is proposed for such lot, and (iii) the parking requirements of section 35-291 that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for parking, then the developer need only comply with the requirements of section 35-291 to the extent that (i) parking space is practicably available on the lot where the development is located, and (ii) satellite parking space is reasonably available as provided in section 35-297. However, if satellite parking subsequently becomes reasonably available, then it shall be a continuing condition of the permit authorizing development on such lot that the developer obtain satellite parking when it does become available.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

Sec. 35-300. - Loading and unloading areas.

(a)

Whenever the normal operation of any development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development, a sufficient off-street loading and unloading area must be provided in accordance with this section to accommodate the delivery or shipment operations in a safe and convenient manner.

(b)

The loading and unloading area must be of sufficient size to accommodate the numbers and types of vehicles that are likely to use this area, given the nature of the development in question. The following table indicates the number and size of spaces that, presumptively, satisfy the standard set forth in this subsection. However, the permit-issuing authority may require more or less loading and unloading area if reasonably necessary to satisfy the foregoing standard.

Gross leasable area of building	Number of spaces with minimum dimensions of 12 feet by 55 feet and overhead clearance of 14 feet from street grade.
1,000— 19,999	1
20,000— 79,999	2
80,000—127,999	3
128,000—191,999	4
192,000—255,999	5
256,000—319,999	6
320,000—391,999	7

Plus one for each additional 72,000 square feet or fraction thereof.

(c)

Loading and unloading areas shall be so located and designed that the vehicles intended to use them can (i) maneuver safely and conveniently to and from a public right-of-way, and (ii) complete the loading and unloading operations without obstructing or interfering with any public right-of-way or any parking space or parking lot aisle.

(d)

No area allocated to loading and unloading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading and unloading facilities.