Middletown Township Bucks
City Zoning Code
City Zoning Code
ARTICLE XXVII
Off-Street Parking Regulations
§ 500-2701 Definitions.
Unless a contrary intention clearly appears, the following words and phrases shall have, for the purposes of this chapter, the meanings given below:
A room or group of rooms located within a building and forming a single, habitable unit with facilities used or intended to be used for living, sleeping, cooking and eating, but shall not include tourist homes, cabins, lodging houses, hotels, motels or other similar places offering overnight accommodations for transients.
Reconstruction activities which increase the intensity of use of a structure by an addition or additions of employees, dwelling units, floor area, seating capacity or any other unit of measurement.
An on-the-property space for the standing, loading and unloading of vehicles to avoid undue interference with the public use of streets and alleys.
An area on a lot used for parking a vehicle, to which there is access from a street.
The seating capacity of a particular building as determined by the specifications and plans and filed with the Zoning Officer. In the event individual seats are not provided, each 20 inches of benches or similar seating accommodations shall be considered as one seat for the purpose of this chapter.
Specifications duly adopted by the Board of Supervisors by formal resolution for a specific purpose, copies of which are available to the general public at the office of the Township Manager.
§ 500-2702 Off-street parking required.
[Amended 8-18-1992 by Ord. No. 92-8; 2-11-1997 by Ord. No. 97-01; 5-20-2008 by Ord. No. 08-05]
In the use of land for residential, commercial, industrial or any other purpose, no residential, commercial, industrial or any other building or structure shall be erected and no major repairs made to an existing residential, commercial, industrial or any other building or structure unless there already is in existence upon the lot or unless provision is made for the location on the lot concurrently with such erection or major repairs off-street parking spaces on the basis of the following minimum requirements. These requirements shall not apply where another part of this chapter specifies a greater parking requirement for a particular use. All driveways shall be constructed of a durable material with a finished surface such as asphalt, concrete or brick.
A.
Dwellings, including single-family, two-family and multifamily residences, townhouses, apartments and all other similar structures devoted to habitation: at least two off-street parking spaces for each dwelling unit. All off-street parking areas in the RA-1, RA-2, RA-3, R-1, R-2 and R-3 Districts shall be located at least 12 feet from the side-yard property line or shall meet the required side-yard setback, whichever is less, or shall meet the requirements of Chapter 440, Subdivision and Land Development. In the RA-1, RA-2, RA-3, R-1, R-2 and R-3 Districts, and for any single-family residence, two-family residence, multifamily residence, townhouse, apartment or other similar structure devoted to habitation, garage areas shall not be counted as and/or otherwise considered as off-street parking spaces.
B.
Hotels, including clubs, lodging houses, tourist homes and cabins, motels, camps and parks, boardinghouses and rooming houses: at least one off-street parking space for each guest room. If, in addition to those spaces provided for guests, patrons or residents of the above-named places, assembly halls, bars, restaurants, night clubs, retail shops or rooms for other shops, service establishments or businesses are provided, additional off-street parking spaces shall be required in accordance with the regulations set forth herein for such uses. Dormitories, sororities, fraternities and all other similar places: at least one off-street parking space for each five beds.
C.
Hospitals, including convalescent homes, homes for the aged and infirmed, and all other similar institutions: at least one off-street parking space for each patient bed, plus at least one additional off-street parking space for each employee (including nurses). Sanitariums, asylums, orphanages: at least one off-street parking space for each five patient beds, plus at least one additional off-street parking space for each staff and visiting doctor, plus at least one additional off-street parking space for each employee (including nurses).
D.
Restaurants, including bars, taverns, nightclubs, lunch counters, diners and all other similar eating and/or drinking establishments: at least one off-street parking space for each 50 square feet of total floor area. Where restaurants are located on the same lot with a shopping center or part of a shopping center development or easements exist for the use of parking on a shopping center lot, the requirement shall be as set forth in Article XXVII, § 500-2702G.
E.
Theaters, including motion-picture houses: at least one off-street parking space for each four seats provided for patron use.
F.
Places of public assembly, including private clubs, lodges and fraternal buildings not providing overnight accommodation; assembly halls, bowling alleys, sports arenas, stadiums, gymnasiums, amusement parks, racetracks, fairgrounds, circus grounds, churches, funeral homes and mortuaries, community centers, libraries, museums, and all other similar places of relatively infrequent public assembly: at least one off-street parking space for each four seats provided for patron use or at least one off-street parking space for each 50 square feet of total floor area used or intended to be used for service to the public as customers, patrons or clients, whichever requires the greater number of parking spaces.
G.
Retail establishments.
(1)
Retail establishments, including personal service shops, equipment or repair shops, gasoline or other motor fuel stations, motor vehicle repair establishments, all retail stores and/or businesses, banks and/or other financial and/or lending institutions, and medical marijuana dispensaries: at least one off-street parking space for each 125 square feet of total floor area used or intended to be used for service to the public as customers, patrons and clients, plus at least one off-street parking space for each employee of such establishments.
[Amended 1-17-2017 by Ord. No. 17-03]
(2)
Two or more such uses located on the same lot shall provide the following minimum number of parking spaces:
H.
Office buildings, including business, government and professional buildings; medical and dental offices and clinics: at least one off-street parking space for each 200 square feet of total floor area.
I.
Wholesale, manufacturing and industrial plants, including warehouses and storage buildings and yards, public utility buildings, contractor equipment and lumberyards, research laboratories, business service establishments such as blueprinting, printing and engraving, soft drink bottling establishments, fabricating plants, medical marijuana growers/processors, and all other structures devoted to similar mercantile or industrial pursuits: at least one off-street parking space for every two employees.
[Amended 1-17-2017 by Ord. No. 17-03]
J.
Terminal facilities, including airports, railroad passenger and freight stations, bus depots, truck terminals and all other similar personal or material terminal facilities: at least such off-street parking spaces as the Board of Supervisors shall deem adequate to service the public as customers, patrons, visitors and employees.
K.
Schools, including academies, colleges, universities, elementary schools, junior high schools, high schools, prep schools, and all other similar institutions of learning: at least one off-street parking space for each employee, including administrators, teachers and building maintenance personnel. In addition, for high schools or the equivalent: at least one off-street parking space for each 20 classroom seats or one off-street parking space for each 10 auditorium seats, whichever formula will require the larger number of parking spaces.
L.
Motor vehicle sales establishments: at least one off-street parking space for each 200 square feet of gross interior floor area used or intended to be used for the sale of vehicles and at least one off-street parking space for each 1,000 square feet of gross exterior vehicle sales display area, plus at least one off-street parking space for each employee of such establishments. No parking spaces shall be located in the right-of-way of adjacent streets.
M.
Off-street parking areas shall conform to the minimum dimensional standards set forth in § 440-421 of Chapter 440, Subdivision and Land Development, as amended. The size of parking stalls shall be measured from the middle of the parking stall stripes required by § 500-2704F(2) below.
§ 500-2703 Off-street loading required.
Any building or structure which is to be erected, substantially altered or changed in use and which requires the receipt or distribution of materials or merchandise by tractor-trailers or similar vehicles shall be provided off-street loading berths which meet the minimum requirements specified in this section.
A.
Every department store, supermarket, retail store, hospital, nursing home, warehouse or wholesale establishment, manufacturing plant, or medical marijuana grower/processor or medical marijuana dispensary with a gross floor area of 25,000 square feet or more shall be provided with at least one off-street loading berth.
[Amended 1-17-2017 by Ord. No. 17-03]
B.
Every office building, restaurant and hotel with a gross floor area of 35,000 square feet or more shall be provided with at least one off-street loading berth.
C.
In addition, the uses listed above shall provide at least one off-street loading berth for each three tractor-trailers serving the facility on an average day.
D.
Any proposed change in use or occupancy that would result in an increase in the number of required off-street loading berths shall not receive a use or occupancy permit from the Zoning Officer until the use complies with the off-street loading requirements of this section.
E.
The Board of Supervisors may require any other building or structure to provide off-street loading berths if it is determined that, due to the volume or size of materials or merchandise that will be received or distributed, such loading berths are necessary.
§ 500-2704 Off-street parking and loading; general regulations.
[Amended 8-18-1992 by Ord. No. 92-8]
A.
Continuing character of obligation.
(1)
Compliance with the schedule of requirements for off-street parking space and off-street loading space applicable to newly erected or substantially altered structures shall be a continuing obligation of the owner of the real estate on which any such structure is located so long as the structure is in existence and its use requiring vehicle parking or vehicle loading facilities continues. It shall be unlawful for an owner of any building affected by this chapter to discontinue, change or dispense with, or to cause the discontinuance or change of the required vehicle parking or loading space, apart from the discontinuance, sale or transfer of such structure, without establishing alternative vehicle parking and/or loading spaces which meet with the requirements of and are in compliance with this chapter. It shall also be unlawful for any person, firm or corporation to use a building without acquiring such land for vehicle parking and loading spaces which meet with the requirements of and are in compliance with this chapter.
(2)
All off-street parking and loading facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. No open area in an off-street parking area shall be encroached upon by buildings, storage or any other use; nor shall the number of off-street parking spaces be reduced in total extent after their provision, except upon the approval of the Zoning Hearing Board, and then only after proof that, by reason of diminution in floor area, seating area, the number of employees, or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this article. Reasonable precautions shall be taken by the owner or sponsor of a use to assure the availability of required facilities to the employees or other persons the facilities are designed to serve. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance, a hazard or an unreasonable impediment to traffic.
B.
Fractional measurements. If in determining the number of required off-street parking and off-street loading spaces, the result is a requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded and any fraction over 1/2 shall require one off-street parking or off-street loading space.
C.
Location of required parking and loading facilities. The off-street parking facilities required by this chapter shall be located on the same lot or parcel of land as the structure they are intended to serve. When practical difficulties, as determined by the Board of Supervisors, prevent their establishment on the same lot, off-street parking facilities may be located within 400 feet of the premises to which they are appurtenant. The off-street loading facilities required by this chapter shall, in all cases, be on the same lot or parcel of land as the structure they are intended to serve. In no case shall the off-street loading space be part of the area used to satisfy the off-street parking requirements of this chapter.
D.
Plan of required off-street parking and/or loading areas. For the purpose of converting parking and/or loading spaces into the required parking and/or loading areas, plans must be submitted to the Township Zoning Officer to show how the required parking and/or loading spaces shall be arranged in the area supplied for that purpose and to indicate sufficient space for parking maneuvers, as well as adequate ingress and egress to the parking and/or loading area. The applicant shall state on his application, in writing, the area of off-street parking and off-street loading he proposes to provide in square feet and shall indicate on the plan submitted the calculations made to compute these totals. Plans of required parking for motor vehicle sales establishments shall also show areas to be used for display of cars, and such areas shall be permanently marked on the establishment's premises by on-site monuments.
E.
Use of required off-street parking by another building. No part of an off-street parking area required for a building or use to comply with the provisions of this chapter shall be included as a part of an off-street parking area similarly required for another building or use, unless the periods of usage by the buildings or uses will not be simultaneous with each other. The applicant shall demonstrate to the Board of Supervisors that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facility.
F.
Construction and maintenance of public off-street parking places.
(1)
All off-street parking facilities required pursuant to the provisions of this article shall be paved, drained and lighted; all off-street parking and loading spaces shall be painted so as to indicate their location and periodically maintained by the owner in accordance with Township specifications. Such facilities shall be arranged for convenient access and safety of pedestrians and vehicles.
(2)
White or yellow paint shall be used to stripe all parking stalls. All parking stalls required by § 500-2702M shall be delineated and separated by two parallel stripes which are two feet apart, measured from the outside edge of each stripe. Each stripe shall be four inches in width. The requirements established in this section shall be in addition to those requirements established in § 500-2702M.
G.
Paved exceptions. When authorized as a special exception by the Zoning Hearing Board, places of public assembly used less than 12 times per year shall not be required to pave parking areas in accordance with Township specifications.
H.
Collective action relative to off-street parking and loading. Nothing in this chapter shall be construed to prevent the joint use of off-street parking or off-street loading spaces by two or more buildings or uses if the total number of spaces provided is not less than the sum of the spaces required for each use individually, except as permitted in § 500-2704E.
I.
Mixed uses. In the case of mixed uses, the total requirements for off-street parking and off-street loading shall be the sum of the spaces required for each use individually. The off-street parking and off-street loading space for one use shall not be considered as providing the off-street parking or off-street loading space for another use, except as permitted in § 500-2704E.
J.
Nonconforming uses. Whenever there is an alteration of a structure or a change or extension of a use which increases the parking requirements according to the standards of this chapter, the total amount of parking required for the existing structure or use and the alteration, change or extension shall be provided in accordance with the requirements of § 500-2702.
§ 500-2705 Reduction of nonresidential parking requirements.
In order to prevent the establishment of a greater number of parking spaces than is actually required to serve the needs of nonresidential uses, the Board of Supervisors, after consulting with the Planning Commission and Township Engineer, may permit a conditional reduction of parking space if the following conditions are satisfied:
A.
The design of the parking lot, as indicated on the land development plan, must designate sufficient space to meet the parking requirements of this chapter. The plan shall also illustrate the layout for the total number of parking spaces.
B.
The conditional reduction shall provide for the establishment of not less than 80% of the required number of parking spaces, as specified in this chapter. This initial phase of the parking provision shall be clearly indicated on the plan.
C.
The balance of the parking area conditionally reserved shall not include areas for required buffer yards, setbacks or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this chapter. This parking area which is reserved shall be located and have characteristics so as to provide amenable open space should it be determined the additional parking spaces are not required. The developer shall provide a landscaping plan for the reserved area with the land development plan.
D.
The developer shall enter into a written agreement with the Board of Supervisors that, after one year following the issuing of the last occupancy permit, the additional parking spaces shall be provided at the developer's or owner's expense should it be determined that the required number of parking spaces are necessary to satisfy the need of the particular land development.
E.
At the time of the above-stated agreement, the developer or owner shall post a performance bond or other securities to cover the expense of a traffic study to be undertaken by a registered traffic engineer of the Board of Supervisors' choosing, who shall determine the advisability of providing the full parking requirement. Said study shall be undertaken one year after the issuance of the last occupancy permit pursuant to Subsection D above. With recommendations of the Traffic Engineer, the Township Engineer and the Planning Commission, the Board of Supervisors shall determine if the additional spaces shall be provided by the developer or if the area shall remain as open space.
F.
Land which has been determined and designated by the Board of Supervisors to remain as open space rather than as required parking shall not be used to provide parking spaces for any addition or expansion but shall remain as open space.