The purpose of this article is to:

A.

Ensure the provision and design of off-street parking areas that are safe for pedestrians and motorists;

B.

Minimize potential negative impacts to adjacent properties, provide adequate parking for the intended use; and

C.

Reduce the reliance for on-street parking so that safe and efficient vehicular travel on the streets is promoted.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

The following provisions apply in all zones, except as otherwise specifically mentioned:

A.

Conformance. Off-street parking and maneuvering areas in conformance with this article shall be provided for any building constructed, for any building that is expanded, for any land use, or any change in use that would result in additional parking spaces being required.

B.

Plans. Whenever off-street parking is proposed, or required under the provisions of these regulations, or whenever existing parking is changed or redesigned, plans drawn to scale shall be submitted to and approved by the Inspection Department prior to construction indicating conformance with this article.

C.

Continuation. Off-street parking and maneuvering areas in conformance with this article shall be maintained with the use to which they relate so long as such use remains.

D.

Expansion. For lawfully existing structures, uses, or off-street parking or maneuvering areas that are enlarged, expanded or changed, conformance to this article shall be required for only the increase that will result due to the expansion or change in use.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Exempt from Parking Requirements.

1.

The Parking Exempt Zone area, as described in this section, is exempt from the provisions of Section 90-14-05. However, when off-street parking is provided within this area, the requirements of sections 90-14-02.B. and 90-14-9 shall apply:

2.

Parking Exempt Zone: beginning at the intersection of 7th Street with Court Street then east along Court Street to 6th Street, then north along 6th Street to Denison Street, then east along Denison Street to Main Street, then south along Main Street to Court Street, then east along Court Street to Cherokee Street, then south along Cherokee street to Columbus Street, then west along Columbus Street to 7th Street, then north along 7th Street to the point of beginning (see figure 1).

3.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

ADA Compliance. All parking lots must comply with the "ADA Accessibility Guidelines for Buildings and Facilities" regulations issued by federal agencies under the Americans with Disabilities Act of 1990 (ADA) for the amount and design of accessible vehicle parking spaces required in parking lots and structures.

B.

Required Spaces. With the exception of single-family, two-family and townhouse dwellings, in all off-street parking facilities where parking is provided for employees, visitors or both, parking spaces for disabled persons shall be provided. The number of accessible parking spaces shall be included in the total number of required parking spaces and shall be in accordance with the applicable requirements of the this article and the Americans with Disabilities Act of 1990 (ADA), as amended from time to time, and all additional governing codes and applicable laws.

C.

Dimensions and Design. Such spaces shall comply with the design standards presented in this article and the Americans with Disabilities Act of 1990 (ADA), provided that in no instance shall the width of any one (1) space be less than sixteen (16) feet. Such spaces shall be identified by a sign and pavement markings indicating parking for the disabled only. Such spaces shall be the spaces closest to the entrance of the building or structure, and shall be connected by a paved surface designed to provide safe and easy access.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

The table provided in Section 90-14-10 shows the minimum number of off-street parking spaces to be provided for a use. Square feet shall mean gross floor area. The total number of required off-street parking spaces for any use shall be obtained by rounding up to the next whole number (e.g., where 4.20 parking spaces are required, five parking spaces shall be provided).

B.

In the case of a use not specifically mentioned, the requirement for off-street parking spaces for a use which is mentioned and similar shall be determined by the Planning Director and shall apply.

C.

When an off-street parking space is used jointly by two or more uses with different requirements, or two or more uses having the same requirement, an area shall be provided equal to the total of the requirements of all the uses, unless it can be demonstrated to the satisfaction of the Planning Director that the uses will operate at different hours or days, subject to the requirements in Subsection 19-14-06.B.

D.

In the case of mixed uses (e.g., restaurant and hotel, dwelling and bed and breakfast inn) and uses with two or more different functional areas (i.e., warehouse with office, dining area with convenience food store), the total requirement for off-street parking spaces shall be the sum of the requirements for each of the various uses.

E.

Where parking is determined by the number of seats and continuous seating such as pews or benches is provided, every eighteen (18) inches of bench or pew shall represent one seat.

F.

Except as otherwise specified, parking or loading spaces required on an employee basis shall be based on the maximum number of employees normally present on the premises at any one time. When the determination of the number of parking spaces is based on the number of employees, the owner and/or manager shall be counted as an employee(s).

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Off-street parking spaces for separate uses may be provided collectively if the aggregate number of spaces provided is not less than the sum of the spaces required for each use separately. No parking or loading space, or portion thereof, shall serve as the required space for more than one (1) use with the exception of the following alternate shared parking arrangement described in Paragraph B below.

B.

An off-street parking facility may be alternately shared between two (2) or more uses, provided that use of such facility by each user does not occur at the same time. No alternate shared use of parking spaces shall be permitted unless:

1.

Approval is obtained from the Planning Director that confirms that the use of such facility by each user does not take place at the same hours during the same days of the week.

2.

The users of the shared parking facility shall record an agreement with the Muskogee County Clerk to share parking facilities, subject to approval by the Planning Director. A copy of the recorded agreement shall be filed with City Clerk and the Planning Department.

3.

The location and design requirements of this Article are met.

4.

Any subsequent change in ownership or use shall require proof that the minimum parking requirements, per this Article, have been met for each use. The owner of an existing building or use shall have one-hundred eighty (180) days within which to accommodate all required off-street parking. If the owner is unable to accommodate the parking or fails to meet the requirements in Subsection 90-14-06.B., then the occupancy permit shall be revoked with respect to the use for which the separate parking was required. The occupancy permit shall be reinstated when all applicable provisions of this Article are complied with.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

The Planning Commission may permit land banking of up to twenty-five percent (25%) of the required parking spaces through the site plan review process.

A.

Sufficient evidence shall be provided by the applicant that supports the reduced parking needs.

B.

The area proposed for land banking of parking spaces shall be an area suitable for parking at a future time.

C.

Landscaping of the land-banked area shall be in full compliance of the Zoning Regulations and, at a minimum, landscaped with turf. As a result of site plan review, additional landscaping of the land-banked area may be required.

D.

The land banking area cannot be used for any other use. The land banked parking area cannot be used to fulfill other landscaping requirements of this Ordinance.

E.

As part of the site plan review process, the applicant shall show the area to be banked on the site plan and marked as "Land-Banked Future Parking."

F.

The Planning Director, on the basis of increased parking demand for the use, shall require the conversion of all or part of the land-banked area to off-street parking spaces. Nothing shall prevent the applicant from converting the land banked area to parking prior to City notification.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

The ownership of the land upon which parking is provided shall be the same as the ownership of the land upon which the principal use exists, and within 300 feet of the proposed land use, inclusive of streets and alleys.

B.

Parking may be located in the front, rear and side yard setbacks. In commercial centers the required parking spaces shall be located on the same lot as the use and all access and maneuvering areas shall be available for all users on the commercial center through the use of easements. The easement shall be established by a recorded statement on the plat that the easement is to be used and maintained by all the lot owners within the commercial center. An easement may be established pursuant to a grant of easement or other appropriate recorded document. For attached dwelling units, parking, access and maneuvering areas may be provided in an easement or other appropriate recorded document. The easement shall be established by the recorded plat, with a statement on the plat that the easement is to be used and maintained by all the lot owners within the development;

C.

Residential Uses.

1.

All required parking spaces for residential uses shall be located on the same lot as the building or use served.

2.

For single-family, two-family and townhouse dwellings, parking shall be permitted in private driveways, but no such parking may encroach onto the public right-of-way.

3.

Tandem parking is permitted for townhouse or multi-family dwellings but both spaces must be allotted to the same dwelling unit and located on the same lot as the dwelling.

D.

Non-Residential Uses. All required off-street parking areas for non-residential uses shall be located on the same lot as, or within three hundred (300) feet of, the building or use served. However, off-street parking accessory to a non-residential use shall not be located in any residential district.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

Design requirements are as follows:

A.

Parking dimensions

1.

Dimensions of parking spaces and maneuvering areas shall be provided as shown in the table below.

2.

All parking spaces shall have a minimum vertical clearance of seven feet six inches (7' 6").

B.

Access

1.

Off-street parking shall be provided with vehicular access to a street or alley or cross-access connection.

2.

Location, design and width of any driveway that intersects with a public street shall be in accordance with the City's Curb Cut Regulations.

3.

Within off-street parking lots, one-way traffic aisles shall be at least eleven (11) feet in width and two-way traffic aisles shall be at least twenty (20) feet in width. Furthermore, all aisles shall be provided as shown in the figure 90-14-09.A Parking Dimensions by Angle.

Note: If compact spaces are [provided], said spaces shall be posted for compact use in accordance with Subsection 19-14-09.F

C.

Public right-of-way. Parking or maneuvering areas located within the public right-of-way shall not be used to meet off-street parking or off-street loading requirements;

D.

Backing across property lines. No parking space shall be permitted where the unparking vehicle must be backed across any property line adjacent to a public right-of-way except for single-family, two-family or townhouse dwellings;

E.

Parking structure or garage. Parking or maneuvering areas located inside a structure or garage shall be provided as shown on Figure 90-14-09.A of this article. A garage, located within the CBD, where the doors providing vehicular access are adjacent to a public right-of-way, shall be required to setback from said right-of-way the minimum distance necessary so the vehicle will not encroach into the street;

F.

Compact spaces. A maximum of fifteen (15) percent of all provided parking spaces may be compact spaces. Dimensions for compact spaces are shown on Figure A of this article. Compact spaces shall be designated as such;

G.

Handicapped parking. Handicapped parking spaces shall be provided in accordance with the schedule provided in Figure 90-14-09.B. of this article. The minimum width of a handicapped space shall be 12 feet, or nine feet if an additional adjacent delineated access aisle at least three feet wide is provided along one side; spaces nine feet in width may share a common access aisle between two spaces. The depth of a handicapped space shall be provided as shown on Figure 90-14-09.A of this article. Each handicapped space shall be designated by a sign showing the international disabled symbol of a wheelchair. Each sign shall be no smaller than one foot by one foot and shall be located at the end of the space at a height between four feet and seven feet. The sign may either be wall-mounted or freestanding. Handicapped spaces shall be located so as to provide convenient access to a primary accessible building entrance unobstructed by curbs or other obstacles to wheelchairs.

1.

Handicapped parking for residential uses shall be provided at the rate of one space for each dwelling unit that is designed for occupancy by the physically handicapped.

2.

Handicapped parking spaces shall be provided for all uses other than single-family, two-family or townhouse dwellings at the following rate.

NOTES:

1.

An additional 1 handicapped space is required for each 200 additional parking spaces provided.

3.

Handicapped parking spaces required by this article shall count toward fulfilling off-street parking requirements.

H.

Surfacing. The surface of all parking spaces, drive aisles, maneuvering and vehicular display or storage areas shall be paved with either asphaltic concrete or Portland cement concrete. Semi-pervious materials such as grasscrete and pervious pavers may also be used, subject to the approval of the Public Works Director.

1.

If a paved driveway is available or provided, a gravel driveway will not be permitted. The owner must maintain an allowed gravel parking area or driveway in a manner so that its permitted use will not endanger the health, safety and welfare of the general public, or damage any public improvement, water meter, sidewalk, curb, drainage ditch, culvert, drainpipe, gutter or any appurtenance.

2.

Gravel Parking Areas and Driveways.b If a property has an existing gravel parking area or driveway , no part of which has been previously paved, it may be maintained as such unless:

(a)

The building structure on the property is enlarged, or removed.

(b)

The property is rezoned.

(c)

The use requires additional parking.

(d)

The parking area is not sufficiently screened from adjacent uses and the public right-of-way or does not meet the screening and buffering requirements set forth in Article 17: Landscaping and Screening.

I.

Drainage. Off-street parking areas and driveways shall be constructed to dispose of all surface water without crossing sidewalks and without adverse effect upon adjacent property;

J.

Striping. Except for parking spaces for single-family, two-family or townhouse dwellings, all parking spaces shall be clearly delineated or striped and the striping shall be maintained so it is visible;

K.

Perimeter Enclosures, Curbing or Wheel Stops.

1.

Except for parking areas provided for single-family, two-family or townhouse dwellings, the perimeter of all parking, maneuvering, driveways and vehicular display or storage areas shall be enclosed by a permanent wall, fence, curb, wheel or bumper barrier. The barrier must be a minimum of six inches in height. A discontinuous barrier may be used as long as the separation between barriers does not exceed four feet.

2.

Bumper stops, wheel stops or curbing shall be provided to prevent vehicles from damaging or encroaching upon any adjacent parking or loading space, sidewalk, landscaped area, parking lot island, fence, wall or building.

L.

Lighting. Lights used for illumination of parking areas and driveways shall be directed away from adjacent properties and rights-of-way so as to confine direct rays to the site and comply with Section 90-12-03 (Exterior Lighting).

M.

Off-street loading.

1.

For any industrial use, off-street loading spaces and maneuvering areas shall be provided in accordance with the following schedule.

2.

The minimum dimensions of an off-street loading space are 12 feet wide by 40 feet long, with a minimum vertical clearance of 14 feet. A minimum maneuvering aisle width of 24 feet shall be provided for the off-street loading space;

N.

Drive-through stacking lanes

1.

Automobile stacking lanes for drive-through uses shall comply with Section 90-13-04.D. and the following:

a.

Restaurants shall provide 80 feet behind each order and pickup window, or if the functions are separated, 30 feet behind an order board, and 50 feet behind the pickup window;

b.

Financial institutions or financial transactions facilities (i.e., bill payment window) shall provide sixty (60) feet behind each window or transfer facility;

c.

A carwash shall provide 40 feet behind each bay or stall;

d.

Drive-through stacking lanes for uses not specifically mentioned shall provide sixty (60) feet behind the pickup location;

e.

The minimum width of a drive-through lane shall be nine (9) feet;

f.

Required drive-through stacking lanes shall not intersect with pedestrian access to a public entrance of a building;

g.

Each drive-through lane shall be striped, marked or otherwise distinctly delineated;

h.

Drive-through stacking lanes shall not be located in parking space maneuvering aisles;

O.

Tandem parking. Except for parking spaces for single-family, two-family or townhouse dwellings, a parking space that is blocked by a tandem parking space shall not count toward fulfilling off-street parking requirements. A tandem parking space is a parking space located so that it abuts the second space and access to that second space can only be made through the abutting (tandem) space;

P.

Repair bays. Repair bays within an automobile service station, repair garage or other similar use shall not be counted as part of the required off-street parking spaces;

Q.

Self-storage or mini-warehouse facilities. A driveway aisle for mini-warehouse or self storage facilities shall be a minimum width of 24 feet. A driveway aisle where access to storage units is only on one side of the aisle shall be 16 feet in width. No off-street parking spaces are required for these facilities. Off-street parking as indicated in section 90-14-05 (Computation of Parking Requirements) shall be provided for any accessory use (i.e., office, dwelling) of the mini-warehouse or self-storage facility;

R.

Landscaping and Screening.

1.

All sides of open off-street parking areas shall be screened from any adjoining residentially zoned lot by a solid and opaque fence, wall or dense evergreen hedge, having a height of not less than six feet. Such fence, wall or hedge, shall be maintained in good condition.

2.

All parking lots shall be landscaped in accordance with Article 17 Landscaping and Screening.

S.

Display or storage areas. Required parking, maneuvering, or access areas for vehicular sales uses shall not be used for display or storage of vehicles. Display or storage areas shall be delineated on required plans. Striping shall not be required for automobile display or storage areas.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

The minimum number of off-street parking spaces to be provided for the designated uses shall be as follows in Table 90-14-10(Off-Street Parking Required By Use).

Note: Uses not specifically categorized above shall provide parking spaces as determined by the Planning Director with respect to the number of spaces that are required to serve employees and/or the visiting public at each such use.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)