Nelsonville City Zoning Code
OFF-STREET PARKING
AND LOADING FACILITIES
§ 153.145 GENERAL REQUIREMENTS.
(A) (1) No building or structure shall be erected, substantially altered or changed in use, including creation of converted dwelling units, unless permanently developed and maintained off-street parking and/or loading spaces have been provided in accordance with this section or a variance granted by the Board of Zoning Appeals or Design Review Board.
(2) For the purpose of this section, the term CONVERTED DWELLING UNIT shall mean:
(a) An existing, residential, owner-occupied dwelling unit converted by lease, rent or agreement for occupancy by those other than the owner or his or her family; or
(b) An existing commercial, industrial or institutional use or space converted to residential use.
(B) The provisions of this section shall not apply to any existing building, structure or use lawfully existing prior to the effective date of this section. Such use or building with deficient parking shall be considered a legal, non-conforming use and may be continued until such time as divisions (A) above and divisions (C) or (D) below may apply.
(C) Whenever a building or structure constructed after the effective date of this section and in compliance with this chapter is changed in use, enlarged in floor area, substantially increased in number of employees, increased in number of dwelling units, substantially increased in seating capacity or otherwise requires a need for an increase to existing parking spaces, additional spaces shall be provided according to the extent of enlargement or change of use.
(D) Whenever a building or structure existing prior to the effective date of this section is enlarged to an extent of 50% or greater in usable floor area, substantially increased in number of employees, increased in number of dwelling units, substantially increased in seating capacity, increased in residential occupancy by addition of bedrooms, reviewed by the Design Review Board in accordance with the requirements of the Historic Preservation District or otherwise changed to demand additional parking, such building, structure or use shall then and thereafter comply with the full parking requirements set forth herein.
(Prior Code, § 27.05.17.01) Penalty, see § 153.999
§ 153.146 GENERAL INTERPRETATION.
In the interpretation of this section, the following rules shall govern.
(A) Parking requirements for principally or conditionally permitted uses not specifically listed in this section shall be determined by the Zoning Officer based on similar uses. The Board of Zoning Appeals may hear and decide appeals from such determination of the Zoning Officer.
(B) Fractional numbers shall be rounded up to the nearest whole number.
(C) When there exists justifiable reason for fewer parking spaces than required by this section, the Board of Zoning Appeals or the Design Review Board, whichever may have jurisdiction, may reduce the number of spaces proportionately to the reduced or diminished demand.
(Prior Code, § 27.05.17.02)
§ 153.147 PARKING SPACE DIMENSIONS.
(A) A parking space shall be not less nine feet in width, 20 feet in depth or a size determined by the Zoning Officer as adequate for parking considering, but not limited to:
(1) The angle of the parking space in relation to the access aisle; or
(2) The type and size of the vehicle using the space.
(B) All dimensions shall be exclusive of areas of access including aisles, drives and other vehicular circulation areas. Except for structures containing one single-family dwelling unit where tandem parking is permitted, there shall be adequate provision for ingress and egress to all parking spaces as determined by the Zoning Officer, as determined by standard engineering practices. The number of required parking spaces shall be in accordance with § 153.160.
(Prior Code, § 27.05.17.03) Penalty, see § 153.999
§ 153.148 LOADING SPACE REQUIREMENT AND DIMENSIONS.
(A) Loading spaces required for buildings containing nonresidential, commercial and/or industrial uses shall be not less than 12 feet in width, 50 feet in depth and 15 feet in height, excluding drives, aisles and circulation areas or a size determined by the Zoning Officer as adequate based on the type of vehicle using the space.
(B) For the purpose of this section, LOADING SPACE shall mean an area where:
(1) Commercial or private vehicles pick-up and/or deliver goods and wares; or
(2) Private passenger vehicles pick-up or drop off persons using a facility and may include, but not be limited to, personal vehicles, taxis or motor coaches.
(C) One loading space shall be required for a use having up to 5,000 square feet in gross floor area and one additional space for every additional 10,000 square feet of gross floor area or portion thereof. Uses requiring loading spaces include, but are not limited to, schools, churches, hospitals, business offices, hotels and motels, retail, wholesale, storage and manufacturing facilities, theaters, places of assembly and others determined by the Zoning Officer.
(Prior Code, § 27.05.17.04) Penalty, see § 153.999
§ 153.149 PAVING REQUIREMENTS.
(A) The number of parking and loading spaces required by this section, including driveways, aisles and other circulation areas, shall be improved with a finished surface of asphalt, concrete or other durable material approved by the Zoning Officer.
(B) Durable surface finish material shall also be required for parking lots and other newly created parking spaces not otherwise required by this chapter in association with a use requirement.
(C) Parking spaces existing prior to the effective date of this chapter which do not meet the paving requirements shall be maintained at a minimum with a surface of stone or other suitable material so as to comply with § 70.07 which prohibits the placement of mud, earth or other materials upon a public street.
(Prior Code, § 27.05.17.05) Penalty, see § 153.999
§ 153.150 DRAINAGE.
All parking and loading spaces shall be drained to a public storm drainage utility or natural drainage way so as to prevent surface water from causing detriment to adjacent properties, uses, public walkways and/or public streets.
(Prior Code, § 27.05.17.06) Penalty, see § 153.999
§ 153.151 LIGHTING.
Lighting of parking areas, if necessary, shall be determined by the Zoning Officer considering the type of use, number of spaces, principal hours of use or operation and other factors related to safety and security. Lighting illuminating a parking area shall be so arranged and directed as to reflect light toward the ground, not adversely impact traffic and away from adjoining properties which may be adversely impacted, particularly residential use.
(Prior Code, § 27.05.17.07) Penalty, see § 153.999
§ 153.152 MAINTENANCE.
The owner of property used for parking and/or loading shall maintain such area in good condition, free of holes, dust, dirt, trash and other debris or hazard.
(Prior Code, § 27.05.17.08) Penalty, see § 153.999
§ 153.153 LOCATION OF PARKING SPACES.
(A) Required parking for all residential uses shall be on the same lot, parcel or tract where the use is located or on a continuous and contiguous lot in the same ownership as the intended use and reserved by covenant, deed restriction or common sale and transfer so that the availability of the parking be preserved.
(B) Required parking for commercial, industrial and/or institutional uses shall not be located not more than 700 feet from the principal building or use.
(C) Required parking for apartments or other multi-family residential uses shall not be more than 300 feet from the principal building or use.
(Prior Code, § 27.05.17.09) Penalty, see § 153.999
§ 153.154 JOINT USE.
Two or more nonresidential uses may jointly provide, use and share required parking spaces when their normal hours of operation do not conflict or overlap, provided that it is so determined and approved by the Zoning Officer and a written and notarized agreement between the parties involved is filed with the application for zoning certificate.
(Prior Code, § 27.05.17.10) Penalty, see § 153.999
§ 153.155 ENCROACHMENT AND SCREENING.
Whenever a parking space or spaces extend to a property line or a public right-of-way, wheel blocks or other devices approved by the Zoning Officer shall be installed to preclude extension of any part of the vehicle beyond the lot, parcel or tract. Whenever parking spaces for commercial, industrial and/or institutional uses are adjacent to properties zoned or used for residential purposes, there shall exist a fence or planting buffer determined by the Zoning Officer as sufficient to minimize adverse impact to the adjacent property.
(Prior Code, § 27.05.17.11) Penalty, see § 153.999
§ 153.156 WIDTH OF DRIVEWAY AND ACCESS AISLES.
Notwithstanding the access requirements of § 27.05.07.02, driveways serving single- or two-family dwelling units shall be a minimum of ten feet in width, for all other uses 12 feet in width with one-way traffic and single loaded or parallel parking, and 24 feet in width where parking aisles accommodate two-way traffic and/or double loaded parking, or other width determined sufficient by the Zoning Officer using standard engineering practices and based on the type and number of vehicles using the driveway and/or aisle.
(Prior Code, § 27.05.17.12) Penalty, see § 153.999
§ 153.157 OPENING PERMIT REQUIRED.
No person, organization or entity capable of holding title to real estate shall access a public street or alley until obtaining an opening permit from the City Manager. Such permit shall be reviewed in accordance with the access management plan and regulations of the city or other traffic management plans, including, but not limited to, those of the State Department of Transportation.
(Prior Code, § 27.05.17.13) Penalty, see § 153.999
§ 153.158 PARKING RESTRICTED TO CERTAIN AREAS.
(A) No person in charge or having control of any private property or premises within the corporate limits of the city, whether as owner, operator, agent, tenant, lease holder, firm, corporation or entity capable of holding title of real property shall park or store any vehicle or equipment which is:
(1) In front of one or two-family dwellings or legal, non-conforming uses located in R-1 or R-2 zones, except in front of an attached or detached building, garage, carport or open parking area not in front of the principal structure. On corner lots or lots having more than one property line abutting a public street, these restrictions shall extent to those areas of the structure as if it fronted on only a single street. Vehicle or equipment parking shall not be permitted on a permanent basis on areas not paved or graveled except as otherwise provided in this section or on a temporary basis if approved by the Zoning Officer; and
(2) Abandoned, junk, abandoned junk, unlicensed, unused, wrecked, dismantled, partly dismantled or inoperable, including licensed or unlicensed inoperable collector’s vehicles and licensed or unlicensed inoperable historical vehicles, whether owned by him or her or another person on any street or highway or public or private property or premises for a period not to exceed 30 days, except in a duly licensed junkyard, automobile salvage yard, motor vehicle salvage dealer’s yard or towing service yard. The absence of current license plates from any such motor vehicle shall be prima facie evidence that the same is unlicensed and not in operating condition.
(3) Vehicles subject to division (A)(2) above which are not stored in an exempted facility shall be stored out of view inside a completely enclosed building or garage or under a covered carport but not including a vehicle only covered by a vehicle cover, tarp or cloth.
(B) No person in charge or having control of any private property or premises within a residential zone or property used for residential purposes within the corporate limits of the city, whether as owner, operator, agent, tenant, lease holder, firm, corporation or entity capable of holding title of real property shall park or store on any street or highway or public or private property or premises any:
(1) Commercial vehicle, semi-trailer, truck tractor, tractor trailer, heavy truck, moving van, delivery truck, step-up van, box truck, dump truck, tow truck, wrecker, bus, school bus, crane, dragline, earthmover, bulldozer, backhoe, trencher or vehicle transporting hazardous or flammable materials except one commercial vehicle not exceeding a gross weight of 8,500 pounds or an overall height of 82 inches. An exempt vehicle must be parked in a completely enclosed building or garage or on an approved hard-surfaced or gravel driveway; or
(2) Recreational vehicle or equipment except one recreational vehicle or piece of equipment not in excess of 24 feet in overall length and in accordance with the following conditions.
(a) Recreational vehicles or equipment parked or stored shall not have fixed connections to electricity, water, gas or sanitary sewer facilities, and, at no time, shall this equipment be used for separate living or housekeeping purposes.
(b) Recreational vehicles or equipment may be parked or stored anywhere on the premises upon an approved hard-surface driveway or parking area or out of view inside a completely enclosed building or garage or under a covered carport. The vehicle or equipment shall be setback a minimum of five feet from an adjacent property line.
(c) Notwithstanding the provisions of division (B)(2)(a) above, recreational vehicles and equipment, not in excess of 24 feet in overall length, may be parked anywhere on the premises for loading or unloading purposes for a period of not more than 24 hours.
(d) Recreational vehicles and equipment must be kept in good repair and carry a valid registration and current license.
(C) Upon notice of a violation of this section, the Zoning Officer may, by certified mail with return receipt requested, send notice to the person having the right to the possession of the property on which is left a vehicle or equipment subject to divisions (A)(2) or (B) above, send notice stating that the vehicle or equipment is a public nuisance and within ten days of receipt of the notice, such vehicle or equipment shall be stored in a completely enclosed building or garage or under a covered carport, or shall be removed from the property. Vehicles or equipment in violation of division (A)(1) above may also store a licensed and operable vehicle or equipment on an approved hard-surfaced or gravel driveway.
(D) Any person in violation of this section shall be deemed guilty of a minor misdemeanor, and, upon conviction thereof, shall be fined not more than permitted by law for each day during which illegal location continues may be deemed a separate offense.
(E) Upon conviction, the Zoning Officer, through the City Attorney, or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location.
(F) The Zoning Officer, after ten days’ notice to any person subject to this division (F) and upon notification to the Chief of Police, may order removal and storage of any vehicle or equipment that has been left on any street or highway or public or private property or premises within the corporate limits of the city subject to the following procedures.
(1) The Chief of Police shall designate the place of storage of any vehicle or equipment so ordered removed. The Chief of Police immediately shall cause a search to be made of the records of the Bureau of Motor Vehicles to ascertain the owner and any lienholder of a vehicle or equipment ordered into storage by the Zoning Officer, and, if known, shall send or cause to be sent notice to the owner or lienholder at the owner’s or lienholder’s last known address by certified mail with return receipt requested, stating that the vehicle is a public nuisance and shall be disposed of if not claimed within ten days of the date of mailing of the notice. The owner or lienholder of the vehicle or equipment may reclaim it upon payment of any expenses or charges incurred in its removal and storage, and presentation of proof of ownership, which may be evidenced by a certificate of title or memorandum certificate of title to the vehicle or equipment. If the owner or lienholder of the vehicle or equipment reclaims it after a search of the records of the bureau has been conducted and after notice has been sent to the owner or lienholder as described in this section, and the search was conducted by the owner of the place of storage or the owner’s employee, and the notice was sent to the vehicle or equipment owner by the owner of the place of storage or the owner’s employee, the owner or lienholder shall pay to the place of storage a processing fee of $25, in addition to any expenses or charges incurred in the removal and storage of the vehicle.
(2) The owner of a vehicle or equipment that is ordered into storage pursuant to this section may reclaim it upon payment of any expenses or charges incurred in its removal, in an amount not to exceed $90, and storage, in an amount not to exceed $12 per 24-hour period; except that the charge for towing shall not exceed $150, and the storage charge shall not exceed $20 per 24-hour period, if the vehicle or equipment has a manufacturer’s gross vehicle weight rating in excess of 10,000 pounds and is a truck, bus or a combination of a commercial tractor and trailer or semi-trailer. Presentation of proof of ownership, which may be evidenced by a certificate of title to the vehicle or equipment, shall also be required for reclamation of the vehicle or equipment. If a vehicle or equipment that is ordered into storage remains unclaimed by the owner for 30 days, the procedures established in this section shall apply.
(3) (a) If the owner or lienholder makes no claim to the vehicle or equipment within ten days of the date of mailing of the notice, and if the vehicle is to be disposed of at public auction, as provided in R.C. § 4513.62, the Chief of Police, without charge to any party, shall file with the County Clerk of Courts an affidavit showing compliance with the requirements of this section. Upon presentation of the affidavit, the Clerk, without charge, shall issue a salvage certificate of title, free and clear of all liens end encumbrances, to the Chief of Police.
(b) If the vehicle or equipment is to be disposed of to an automobile salvage yard, junkyard, motor vehicle salvage dealer, scrap metal processing facility, towing service yard or other facility designated by the Chief of Police, the Chief shall execute in triplicate an affidavit, as prescribed by the registrar of motor vehicles, describing the vehicle or equipment and the manner in which it was disposed of, and that all requirements of this section have been complied with. The Chief of Police shall retain the original of the affidavit for the Chief’s records, and shall furnish two copies to the automobile salvage yard, junkyard, motor vehicle salvage dealer, scrap metal processing facility, towing service yard or other facility where the vehicle or equipment has been ordered into storage by the Chief of Police. Upon presentation of a copy of the affidavit by the automobile salvage yard, junkyard, motor vehicle salvage dealer, scrap metal processing facility, towing service yard or other facility, the Clerk of Courts, within 30 days of the presentation, shall issue to such owner a salvage certificate of title, free and clear of all liens and encumbrances.
(4) Whenever an automobile salvage yard, junkyard, motor vehicle salvage dealer, scrap metal processing facility, towing service yard or other facility where the vehicle or equipment has been ordered into storage by the Chief of Police receives an affidavit for the disposal of a vehicle or equipment as provided in this section, the dealer or facility shall not be required to obtain a state certificate of title to the motor vehicle in the dealer’s or facility’s own name if the vehicle is dismantled or destroyed and both copies of the affidavit are delivered to the Clerk of Courts.
(Prior Code, § 27.05.17.14)
§ 153.159 PARKING WITHIN A HISTORIC PRESERVATION DISTRICT.
(A) In exercising its jurisdiction over properties and uses in the Historic Preservation District, the Design Review Board shall have authority to grant variances from this chapter. Applications for variance shall be attached to an application for certificate of appropriateness for activities and uses in the Historic Preservation District. Such request shall be reviewed by the Review Board and advertised in a manner consistent with the notification requirements of § 153.243.
(B) Variance requests for off-street parking in all other zoning districts other than the Historic Preservation District shall be considered by the Board of Zoning Appeals pursuant to the conditions in § 153.243.
(Prior Code, § 27.05.17.15)
§ 153.160 PARKING SPACE REQUIREMENTS.
(A) For the purpose of this section, the term USABLE FLOOR AREA shall be the total floor area exclusively for tenant or business use, including sales areas, stock areas, basements, mezzanines or upper floors and measured in areas or areas, such as toilet rooms, closets, corridors, stairwells, elevators and shafts, machine, equipment and mechanical rooms, lobbies and vestibules or other areas not used for commercial, industrial or institutional purposes.
(B) The following parking space requirements shall apply.
Off-Street Parking Requirements | |
Type of Use | Parking Spaces Required* |
Off-Street Parking Requirements | |
Type of Use | Parking Spaces Required* |
Banks, saving and loans and similar uses | 1 per 250 feet of usable floor area |
Barber shop and beauty salon | 2 per work station |
Boarding houses and rooming houses | 1 per sleeping room |
Business, trade or technical school, high school, college or university | 1 per each 2 students and 1 per faculty member |
Church or place of worship, auditoriums and theaters | 1 per 3 seats |
Civic, social or fraternal place of assembly | 1 per 3 persons of permitted capacity |
Funeral home | 1 per 400 square feet of usable floor area |
Gasoline and service stations on a shift | 1 per pump and/or repair bay and 1 per employee on a shift |
Hospitals and nursing homes | 1 per 4 beds plus 1 per employee on a shift |
Hotel, motel and bed and breakfast | 1 per sleeping room plus 1 per employee on a shift |
Library | 1 per 400 square feet of usable floor area |
Manufacturing, wholesale, storage and freight terminals | 1 per each two employees on a shift |
Medical or dental office or clinic | 4 per practitioner |
Nursery school and day-care | 1 per each 5 children |
One-, two- or multi-family dwellings including apartments, converted dwelling units, mobile homes and permanently sited manufactured homes | 2 per dwelling unit |
Professional, business or administrative office use | 1 per 400 square feet of usable floor area |
Public or private elementary or junior high school | 2 per classroom and 1 per 8 auditorium seats |
Retail stores | 1 per 200 square feet of usable floor area |
Self-serve laundry | 1 per each 3 washers |
Taverns, night clubs, restaurants, dining rooms and eating places | 1 per 250 square feet of usable floor area |
Veterinary or animal clinic | 3 per practitioner |
* In the case of uses not specifically listed, the Zoning Official shall determine the number of spaces required by comparison to a similar use or if there exists no comparable use he or she may refer the matter to the Board of Zoning Appeals for interpretation and/or determination. | |
(Prior Code, § 27.05.17.16)