The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right of way so as to promote the safety and general welfare of the public, by establishing minimum requirements for off street loading and unloading from motor vehicles in accordance with the specific and appropriate utilization of various parcels of land or structure. (Ord. 2004-40, 1-3-2005)

   A.   Off street: All required loading berths shall be off street and located on the same lot as the building or use to be served.

   B.   Distance From Intersection: All loading berth curb cuts shall be located at a minimum fifty feet (50') from the intersection of two (2) or more street rights of way. This distance shall be measured from the property line.

   C.   Distance From Residential Use: No loading berth shall be located closer than one hundred feet (100') from a residential district unless within a structure.

   D.   Prohibited In Front Yards: Loading berths shall not occupy the required front yard setbacks.

   E.   New Loading Berths: New loading berths added to an existing structure, where the loading berth is located at the front or at the side of the building on a corner lot, shall meet the following standards:

      1.   Pedestrians: Loading berths shall not conflict with pedestrian movement.

      2.   Visibility: Loading berths shall not obstruct the view of the public right of way from off street parking access.

      3.   General Compliance: Loading berths shall comply with all other requirements of this title.

   F.   Traffic Interference: Each loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will cause the least interference with traffic.

   G.   Reduction Of Existing Loading Spaces: Loading spaces existing upon the effective date of this chapter may not be reduced in number or size unless the number or size exceeds the requirements in this chapter for a new use.

   H.   Change Of Use Or Occupancy Of Land: No change in the use of or occupancy of land dedicated to loading space may be made nor may any sale of land, division of land, or subdivision of land occur which will reduce a loading space below the minimum prescribed in this chapter. (Ord. 2004-40, 1-3-2005)

All loading berths and accessways shall be hard surfaced (not including gravel) to control the dust and drainage according to a plan submitted to and subject to the approval of the city engineer. (Ord. 2004-40, 1-3-2005)

Any space allocated as a required loading berth or access drive shall not be utilized for the storage of goods, inoperable vehicles or snow and shall not be included as part of the space requirements to meet the off street parking requirements. (Ord. 2004-40, 1-3-2005)

Except in the case of multiple-family dwellings, all loading areas must be screened and landscaped from abutting and surrounding residential uses in compliance with chapter 19 of this title. (Ord. 2004-40, 1-3-2005)

The need for a loading berth or berths and the size requirements of these berths shall be determined on a case by case basis by the building official of the city. Factors to be considered in such determination shall include size of building, type of anticipated use, number of employees, expected volume of customer traffic and expected frequency and number of delivery or service vehicles. No off street loading requirements shall be required in the downtown zoning district. (Ord. 2004-40, 1-3-2005)