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Mountain Brook City Zoning Code

ARTICLE XXI.

PARKING REGULATIONS

Sec. 129-351.- Free flow of traffic and pedestrian protection.

Ingress and egress for all parking facilities shall be arranged to provide for the free flow of motor vehicles at all times, and to prevent motor vehicles from blocking sidewalks or streets or endangering pedestrians or other motor vehicles. If a reservoir or vehicle standing area is deemed necessary by the zoning officer to prevent such blocking of traffic, an adequate reservoir or vehicle standing area must be provided at the expense of the party who owns such parking facilities.

(Ord. No. 1224, 2-26-96)

Sec. 129-352. - Minimum parking space required for newly established uses.

On any parcel on which any new use is hereafter established, a minimum amount of space for offstreet parking for motor vehicles must be provided as set forth in the use regulations of the district in which such parcel is located, except as otherwise provided in subsection 129-194(d).

(Ord. No. 1224, 2-26-96)

Sec. 129-353. - Minimum parking space requirements for dwellings units.

Unless otherwise specified in the use regulations of the applicable zoning district, the following minimum amounts of space for offstreet motor vehicle parking shall be provided on any parcel hereafter used as follows:

(1)

Single-family dwelling: 324 square feet;

(2)

Dwellings for two or more families: 324 square feet for each dwelling unit.

(Ord. No. 1224, 2-26-96)

Sec. 129-354. - Minimum parking space requirements for places of assembly.

For each theater, auditorium, church or other building designed to attract an assembly of persons at scheduled times, there shall be a minimum of one parking space for motor vehicles, which parking space shall contain at least 162 square feet and shall be not less than nine feet in width and 18 feet in length, for every three seats provided in the largest area of assembly in such building. If it is proposed that the building be enlarged or otherwise modified so that the largest area of assembly therein, whether the original largest area of assembly or another area, will contain more seats than were in the largest area of assembly in the building as originally constructed, no building permit may be issued for enlargement or modification unless the owner of such building presents satisfactory proof to the zoning officer that upon the completion of such enlargement or modification of the building there will be a sufficient number of parking spaces to satisfy the above stated requirements for parking spaces for the building as enlarged or otherwise modified. If any such building contains more than one area of assembly which is as large as, or approximately as large as, the largest area of assembly, such as a multi-theatre movie complex, then the minimum number of required parking spaces shall be based on all of such areas. All such parking spaces and such attendant driveways and other areas which may be necessary for the maneuvering of motor vehicles shall be arranged so as to provide convenient access to and from a paved street or alley. All parking spaces, driveways and maneuvering areas shall be paved with asphalt or concrete. All such areas shall have adequate storm drainage facilities.

(Ord. No. 1224, 2-26-96)

Sec. 129-355. - Exceptions to minimum parking requirements.

If the number of parking spaces for vehicles required hereinbefore cannot reasonably be provided on the same parcel on which the principal use is permitted, appeal may be made to the board of zoning adjustment ("board") to allow the additional required parking spaces ("additional parking spaces") to be located on other property; provided, that all such additional parking spaces must be within 500 feet of the main entrance of the building containing such principal use, and such other property shall be specifically designated for parking for such principal use and thereafter such additional parking spaces may not be reduced in number or used for any purpose other than parking spaces for such principal use unless the board determines that under the circumstances of a particular case it would be reasonable for some or all of such additional parking spaces to be used at certain times by one or more additional parties and the reasons for such exception are included in the minutes of the meeting of the board at which the request is considered. Notwithstanding the foregoing provisions of this section, if the principal use requiring additional parking spaces is a church or synagogue ("place of worship"), the place of worship may file a written application with the board requesting the approval by the board of a plan providing that some, but not more than half, of the additional parking spaces may be located on private property other than the premises of the place of worship ("offsite parking plan"). The place of worship must enter into a contract with the owner of such private property ("private property"), which contract must contain all of the terms, conditions and other provisions relating to the right of the parishioners of the place of worship to park motor vehicles on the private property ("contract"). A copy of the contract must be included with the application filed with the board by the place of worship. The form of the contract shall be subject to the approval of the city attorney. The contract and the offsite parking plan shall be subject to the approval of the board. The offsite parking plan must provide: (1) that the private property on which the offsite parking spaces are to be located is within two miles of the main entrance of the place of worship; and (2) for arrangements, satisfactory to the board, by which the place of worship will transport its parishioners who park their motor vehicles on the private property from the private property to the place of worship and from the place of worship back to the private property. The details of the offsite parking arrangements for the place of worship shall be included in the minutes of the meeting of the board at which the request is considered and a copy of the contract and the offsite parking plan shall be attached to, and made a part of, such minutes. If the contract is terminated by the owner of the private property, the place of worship shall have a period of 90 days from the date it receives notice of such termination within which to: (1) enter into a contract under the terms of which the required additional parking spaces shall be located on another parcel of private property; and (2) submit to the board a copy of such contract and an offsite parking plan with respect to such other parcel of private property, which offsite parking plan must satisfy the same conditions, and shall be subject to the same procedures, as the procedures, as the original offsite parking plan of the place of worship. The form of such contract shall be subject to the approval of the city attorney, and the contract and the offsite parking plan shall be subject to the approval of the board. The board shall retain continuing jurisdiction over all such offsite parking arrangements for places of worship approved by the board and may require a representative of any such place of worship to appear before the board, from time to time, at the behest of the board, to report to the board about such parking arrangements, and the board shall determine whether such parking arrangements are working in a satisfactory manner, particularly, with respect to whether public streets adjacent to or near such place of worship are being used by its parishioners for parking. If, at any time, after having given the place of worship, and any interested parties who request that they be permitted to address the board, an opportunity to appear before, and address, the board, the board determines that the offsite parking arrangements approved by the board for such place of worship are not working in a satisfactory manner for the benefit of the place of worship and the residents of the property adjacent to and near the place of worship, the board may revoke the right of the place of worship to have the parking spaces on the private property included in the parking places necessary to satisfy the requirements for parking spaces provided for in section 129-195, or the board may modify, or place certain conditions on, such right. Notwithstanding the foregoing, if the principal use requiring additional parking spaces is a place of worship, neither offsite parking spaces which are located within 500 feet of the main entrance of the place of worship and which the place of worship has a nonexclusive right to use, nor parking spaces located on private property located within one mile of the main entrance of such place of worship may be taken into consideration to satisfy a requirement for additional parking spaces created by an expansion of the largest area of assembly in the place of worship which expansion occurs after the date of this section. If the board approves offsite parking arrangements for a place of worship, in accordance with the provisions of this section, which relate to a parcel of land on which, or which relate to one or more proposed buildings, existing buildings or additions to existing buildings for which, the planning commission has approved a nonresidential use in a Residence A District, a Residence B District, a Residence C District or an Estate Residence District, the place of worship which received the planning commission's approval of the nonresidential use shall not be required to resubmit to the planning commission the place of worship's proposal for such nonresidential use even if the parking arrangements approved by the board are different from, or inconsistent with, parking arrangements approved by the planning commission or parking arrangements made a condition to the planning commission's approval of such nonresidential use.

(Ord. No. 1224, 2-26-96; Ord. No. 1401, 3-13-00)

Sec. 129-356. - Lighting restrictions in parking areas.

Parking area lights shall be mounted no higher than 14 feet above the finished grade of the parking area and shall be located so that the main beam of light does not extend beyond the property line on which the parking area is located. All lights shall be shielded so that there is no direct visible light above 85 degrees from nadir, and so that the main beam of light shall be shielded from 80 degrees.

(Ord. No. 1224, 2-26-96)

Sec. 129-357. - Screening of parking areas.

(a)

Screening required. Parking areas for multi-family residential use (other than duplexes) and for any professional, business or commercial uses which are located adjacent to dwelling units (including multi-family residential units) located on other parcels shall have a privacy fence, wall or buffer which will substantially prevent the lights of motor vehicles from shining on such adjacent dwelling units. The installation and maintenance of the privacy fence, wall or buffer shall be the responsibility of the owner of the parking area. The fence, wall or buffer shall be subject to the prior written approval of the planning commission, which may require such reasonable information about the proposed fence, wall or buffer which it considers necessary. Notwithstanding any other provision of this chapter, with the prior written approval of the planning commission, the height of such fence or wall may exceed four feet.

(b)

Screening requirements. In cases where a privacy fence, wall or buffer is required for the purpose of shielding residential uses or areas from parking areas, the following minimum requirements shall apply:

(1)

The fence or wall shall be of solid, opaque permanent construction;

(2)

Any such fence, wall, or buffer shall be maintained in perpetuity by the owner of the parking area being screened; and

(3)

The shielding effect created shall be no less than 80 percent opaque when viewed horizontally from between two feet and five feet above the average ground level of the adjacent residential area or areas.

The requirement for screening shall be waived within 40 feet of any entrance to, or exit from, such parking area to provide adequate view for, and of, pedestrians, vehicular traffic and the motorists entering and leaving the parking area.

(Ord. No. 1224, 2-26-96)