Middleburg City Zoning Code
PARKING, OFF-STREET
PARKING, AND LOADING
§ 156.100 OFF-STREET PARKING REQUIRED.
At the time of the erection of any building, or at the time any principal building is enlarged or increased in capacity by adding dwelling units, guestrooms, seats, or floor area, or before conversion from one type of use or occupancy to another, permanent off-street parking space shall be provided in the amount specified by this Section. Such parking space may be provided in a parking garage or properly controlled open space.
(Ord. 39, passed 10-3-2011)
§ 156.101 CERTIFICATION OF MINIMUM PARKING REQUIREMENTS.
Each application for a zoning permit (except for dwellings) shall include information as to the location and dimensions of off-street parking and the means of ingress and egress to such space. This information shall be in sufficient detail to enable the Zoning Administrator to determine whether the requirements of this subchapter are met.
(Ord. 39, passed 10-3-2011)
§ 156.102 COMBINATION OF REQUIRED PARKING SPACE.
The required parking space for any number of separate uses may be combined in 1 lot, but the required space assigned to the 1 use may not be assigned to another use, with 1 exception. One-half of the parking space required for churches whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night and on Sundays or in shopping centers where uses may have different peak hours.
(Ord. 39, passed 10-3-2011)
§ 156.103 REMOTE PARKING SPACE.
If the off-street parking space required by this chapter cannot be reasonably provided on the same lot on which the principal use is located, such space may be provided on any land within reasonable distance of the main entrance to such principal use, provided such land is in the same ownership as the principal use and in the same zoning zone. Said land shall be used for no other purposes so long as no other adequate provisions of parking space meeting the requirements of this chapter have been made for the principal use. In such cases, the applicant for a permit for the principal use shall submit with their application for a zoning permit or a certificate of occupancy an instrument duly executed and acknowledged, which subjects said land to parking use in connection with the principal use for which it is made available. Such instrument shall become a permanent record and be attached to the zoning permit or certificate of occupancy application. In the event such land is ever used for other than off-street parking space for the principal use to which it is encumbered and no other off-street parking space meeting the terms of this chapter is provided for the principal use, the certificate of occupancy or zoning permit for such principal use shall become void.
(Ord. 39, passed 10-3-2011)
§ 156.104 REQUIREMENTS FOR PARKING LOTS.
Where parking lots for more than 5 cars are permitted or required, the following provisions shall be complied with in addition to the requirements below:
(A) The lot may be used only for parking and not for any type of commercial use, but shall not preclude convention exhibits or parking of rental vehicles.
(B) All entrances, exits, barricades at sidewalks, and drainage plans shall be approved and constructed before occupancy.
(C) A strip of land 10 feet wide adjoining any street line or any lot zoned for residential uses shall be reserved as open space, guarded with wheel bumpers and planted in grass and/or shrubs or trees.
(D) Any parking lot of more than 5 cars which is adjacent, along the side or rear property lines, to property used or zoned for residential uses, shall be provided with screening as described in § 156.055.
(E) Only 1 entrance and 1 exit sign no larger than 2 square feet prescribing parking regulations may be erected at each entrance or exit.
(F) It shall be the duty of the property owner to keep the parking area free of damaging potholes, obstructions, and maintain the overall appearance and functionality of the parking area in good repair.
(Ord. 39, passed 10-3-2011)
§ 156.105 MOBILE, MANUFACTURED AND MODULAR HOME AND TRAILER PARKING AND STORING.
It shall be unlawful to park or otherwise store for any purpose whatsoever any manufactured or modular home (see definitions in § 156.015) or trailer within any zone except as follows:
(A) At a safe, lawful, and non-obstructive location on a street, alley highway, or other public place, providing that the trailer or mobile home shall not be parked overnight;
(B) Within a mobile home park, provided, however, the mobile home shall either have a North Carolina or HUD Label of Compliance permanently attached thereto; and
(C) On any other lot or plot outside of the City of Henderson and its extraterritorial jurisdiction (ETJ) provided that trailers, as defined in § 156.015, shall be stored in a garage or carport or in the rear or side yard.
(D)
Junk or dilapidated mobile home/manufactured home storage or repair yards must obtain a special use permit.
(E) Trailers shall include those pulled behind a tractor trailer (18-wheeler) and for use in transporting vehicles, boats, or freight shall be parked in a suitable commercial parking area outside of residential areas.
(F) In circumstances where a dwelling unit (modular or manufactured) is either new for installation or being replaced, the replacement unit may be temporarily stored on the development site for up to (5 days with permission of the property owner.
(Ord. 39, passed 10-3-2011; Am. Ord. 5-3-2021)
§ 156.106 VEHICLE STORAGE.
(A) Residential, open space, and watershed overlay zones. Only vehicles intended for personal use (not part of a commercial operation) shall be parked or stored on any property zoned for residential use (includes residential uses in the O-S and W-O-Z categories, this provision is not inclusive of the Agricultural Residential Zone). No storage of commercial inventory whatsoever shall be permitted and no inoperative and/or unlicensed vehicles shall be permitted to be parked or stored longer than 14 days, unless said vehicles are being stored while undergoing repairs and are not part of a commercial operation prohibited in the residential zone. This section shall further not be applicable to restoration of antique vehicles. (NOTE: Four or more junk, inoperable, or unlicensed vehicles constitute a junk yard). Commercial trucks or vans customarily driven home by employees or owners shall not be affected by the regulations of this section, this shall include the cab portion (also called a "semi") of an 18 wheeled truck and trailer combination, customarily used to transport a large, multi-wheeled trailer (trailers of this type shall be stored in an appropriate commercial or industrial location). Storage of junk, inoperable or unlicensed vehicles shall comply with the Vance County Abandoned Vehicle Ordinance, Chapter 94 of this Code. This section shall apply to the following zoning categories as either a residential zone or where a residential use is permitted (not inclusive of the A-R zone): R-30, R-20, R-10, R-M-H-C, O-S, and W-O-Z.
(B) Commercial and industrial zones. Customer and employee parking is permitted along with the parking and storing of governmental or commercial vehicles, in any public, commercial, or industrial zone. Inoperative vehicles shall only be permitted to be parked or stored while undergoing repairs at a commercial garage or automobile service station or if stored in an approved junk or wrecking yard (NOTE: Four or more junk, inoperable, or unlicensed vehicles constitute a junkyard).
(Ord. 39, passed 10-3-2011)
§ 156.107 MINIMUM PARKING REQUIREMENTS.
(A) The number of off-street spaces required by this subchapter shall be provided on the same lot with the principal use except as provided in §§ 156.040 through 156.063 and the required number of off-street parking spaces specified for each use shall be considered as the absolute minimum. In addition, a developer shall evaluate their own needs to determine if they are greater than the minimum specified by this chapter. For purposes of this chapter, an off-street parking space shall be no less than 160 square feet in area, plus adequate ingress and egress provided for each off-street parking space.
(1) Single family residential uses shall provide parking area for at least 2 vehicles off the public right-of-way.
(2) Multi-family uses shall provide parking spaces for at least 2 vehicles per unit off the public right-of-way in designated park lots.
(3) Commercial uses shall provide 1 parking space for each 200 square feet of gross floor area off the public right-of-way.
(4) Industrial uses shall provide 1 parking space for each 500 square feet of gross floor area off the public right-of-way.
(B) The Zoning Administrator is allowed to adjust these parking ratios when it is deemed necessary and place such reason on the face of the permit and/or site plan.
(Ord. 39, passed 10-3-2011)
§ 156.108 DESIGN STANDARDS FOR OFF-STREET PARKING.
All off-street areas required by this section shall conform to the following design standards:
(A) All parking spaces shall have minimum dimensions of 9 feet in width and 18 feet in length. All access or backup aisles shall conform to the following minimum dimensions:
Parking Angle | Aisle Dimension |
90 degrees | 24 feet |
60 degrees | 18 feet |
45 degrees | 14 feet |
30 degrees | 12 feet |
0 degrees | 12 feet |
(B) The use of streets, sidewalks, alleys or other public rights-of-way for parking or maneuvering to and from off-street parking spaces is prohibited, except where such maneuvering is necessary in the use of driveways for access to and from single-family and 2 family dwellings. All off-street parking areas shall be so arranged that ingress and egress is by forward motion of the vehicle.
(C) Parking area edges shall be protected by suitable curbing, wheel guards, or other means to prevent vehicular encroachment on a public right-of-way or on adjacent property, and to protect the public right-of-way and adjoining properties from the damaging effects from surface drainage from parking lots. It shall be the duty of the property owner to keep the parking area free of damaging potholes, obstructions, and maintain the overall appearance and functionality of the parking area in good repair.
(D) Where parking or loading areas are provided adjacent to the public street, ingress and egress thereto shall be made only through driveways not exceeding 25 feet in width at the curb line of said street, except where the Zoning Administrator finds that a greater width is necessary to accommodate the vehicles customarily using the driveway.
(E) Where 2 or more driveways are located on the same lot, other than a mobile home park, the minimum distance between such drives shall be 30 feet or 1/3 of the lot frontage, whichever is greater; however, this provision shall not apply to any commercial or industrial planned development. Driveway locations in such developments shall be approved by the North Carolina Department of Transportation.
(F) Businesses adjacent to, or integrated in, a shopping center or cluster of commercial facilities shall use the common access with other business establishments in the center.
(G) No driveway shall be located closer than 25 feet to any street intersection.
(H) Any lighting of parking areas shall be shielded so as to cast no light upon adjacent properties and streets.
(I) All applicable ADA (American Disabilities Act) standards shall apply.
(Ord. 39, passed 10-3-2011)
§ 156.109 OFF-STREET LOADING; PURPOSE AND GENERAL REQUIREMENTS.
(A) Off-street loading requirements are established in order to ensure the proper and uniform development of loading areas throughout the county, to relieve traffic congestion in the streets and to minimize any detrimental effects of off-street loading areas on adjacent properties. Each application for a zoning permit or certificate of occupancy shall include plans and other information of sufficient detail to enable the Zoning Administrator to determine whether or not the requirements of this subchapter have been met. Plans for off-street loading areas shall include information as to:
(1) The location and dimensions of driveway entrances, access aisles and loading spaces.
(2) The provisions for vehicular and pedestrian circulation.
(3) The location of sidewalks and curbs.
(B) The zoning permit or certificate of occupancy for the construction or use of any building, structure or land where off-street loading space is required shall be withheld by the Zoning Administrator until the provisions of this section have been met. If at any time such compliance ceases, any certificate of occupancy which shall have been issued for the use of the property shall immediately become void and of no effect.
(Ord. 39, passed 10-3-2011)
§ 156.110 DESIGN STANDARDS FOR OFF-STREET LOADING SPACE.
The off-street loading space required by this section shall be provided for standing, loading, and unloading operations either inside or outside a building, on the same lot with the use served, and shall conform to the following standards:
(A) For uses containing a gross floor area of less than 20,000 square feet, each off-street loading space shall have minimum dimensions of 15 feet in width and 30 feet in length.
(B) For uses containing a gross floor area of 20,000 square feet or more, each off-street loading space shall be 15 feet in width and 45 feet in length as a minimum.
(C) All off-street loading spaces shall have a minimum vertical clearance of 15 feet.
(D) Access aisles or apron spaces shall be of sufficient width to allow for proper backing and/or turning movements.
(E) Required off-street loading areas including drives and access aisles shall be paved with an all-weather hard surface material.
(F) Loading spaces and access ways shall be located in such a way that no truck or service vehicle using such areas shall block or interfere with the free, normal movement of other vehicles on a service drive or on any off-street parking area, public street, aisle or pedestrian way used for general circulation. In addition, the off-street loading facilities shall be designed and constructed so that all maneuvering of vehicles for loading and unloading purposes shall take place entirely within the property lines of the premises.
(G) Loading area edges shall be protected by suitable curbing to prevent encroachment on a public right-of-way or on adjacent property, and to protect the public right-of-way and adjoining properties from the damaging effects of surface drainage from off-street loading areas.
(H) Any lighting of loading areas shall be shielded so as to cast no light upon adjacent properties and streets.
(I) Any off-street loading areas and access ways adjacent, along the side or rear property lines, to property used or zoned for residential purposes, shall be provided with screening meeting the standards described in § 156.055.
(Ord. 39, passed 10-3-2011)
§ 156.111 MINIMUM OFF-STREET LOADING REQUIREMENTS.
Off-street loading shall be provided and maintained as specified in the following:
(A) Uses which normally handle large quantities of goods, including but not limited to industrial plants, wholesale establishments, storage warehouses, freight terminals, hospitals or sanitariums, and retail sales establishments shall provide off-street loading facilities in the following amounts:
Gross Floor Area (Min. Square Feet) Number of Spaces
|
Gross Floor Area (Min. Square Feet) Number of Spaces
| |
5,000 - 20,000 | 1 |
20,001 - 50,000 | 2 |
50,001 - 80,000 | 3 |
80,001 - 125,000 | 4 |
125,001 - 170,000 | 5 |
170,001 - 215,000 | 6 |
215,001 - 260,000 | 7 |
For each additional 45,000 | 1 - additional |
(B) Uses which do not handle large quantities of goods, including but not limited to office buildings, restaurants, funeral homes, hotels, motels, apartment buildings, and places of public assembly, shall provide off-street loading facilities in the following amounts:
Gross Floor Area (Min. Square Feet) Number of Spaces
| |
5,000 - 80,000 | 1 |
80,001 - 200,000 | 2 |
200,001 - 320,000 | 3 |
3200,001 - 500,000 | 4 |
For each additional 180,000 | 1 - additional |
(Ord. 39, passed 10-3-2011)