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New Castle City Zoning Code

CHAPTER 17

76 - OFF-STREET PARKING

17.76.010 - General requirements.

A.

At the time of the erection of a new structure or at the time of enlargement of an existing structure, off-street parking spaces and loading areas shall be as provided in this chapter.

B.

Where square feet are specified, the area measured shall be the floor area primary to the functioning of the particular use of property and shall exclude stairwells, elevator shafts, hallways, ornamental balconies, space occupied by heating, air conditioning or other utility equipment, and space devoted to off-street parking or loading.

C.

The number of employees of a new or expanding business shall be estimated in a manner approved by the planning commission, and the number of employees of an established business shall be determined from an examination of employment information presented by the applicants.

D.

Loading areas shall be of adequate size and design to facilitate all loading activities off a public right-of-way.

E.

The requirements of this chapter shall apply to the C-1 zone district, as identified on the town zoning map, except as otherwise provided in Section 17.76.120.

(Ord. 2004-10 § 2; prior code § 13-14-010)

(Ord. No. 2010-4, § 2, 4-20-2010)

Editor's note— Ord. No. 2010-4, § 5, adopted Apr. 20, 2010, provides: "This Ordinance shall expire 24 months from the effective date, unless re-enacted by Town Council."

17.76.020 - Standards designated for each use.

The parking space requirements for each use shall be as follows:

A.

Residential Uses.

1.

For dwelling units, two (2) spaces per dwelling unit (driveway and garage or carport areas are defined as off-street parking space);

2.

For rooming house or boarding house, one (1) space per guest accommodation;

3.

For housing restricted to the aged, disabled, etc., one-half space per unit.

B.

Commercial Residential Uses.

1.

For hotels and motels, one (1) space per guest room plus one (1) space per two (2) employees;

2.

For a club or lodge, spaces to meet the combined requirements of the uses being conducted, such as hotel, restaurant, auditorium, etc.

C.

Institutions.

1.

For a nursing home, rest home or home for the aged, one (1) space per three (3) beds;

2.

For a hospital, three (3) spaces per two (2) beds.

D.

Places of Public Assembly.

1.

For a church, one space per three seats;

2.

For a library or reading room, one space per four hundred (400) feet of floor area, plus one space per two employees;

3.

For a preschool nursery, day care school, kindergarten, elementary school or intermediate school, one and one-half spaces per teacher, plus one space per administrative employee;

4.

For a high school, one space per teacher, plus one space per administrative employee, plus one space for each three students or one space per three seats in the main auditorium;

5.

For a vocational or commercial school, one space per teacher, plus one space per administrative employee, plus one space per two students;

6.

For auditoriums and meeting rooms, one space per three seats.

E.

Commercial Amusements.

1.

For a stadium, arena theater, one space per two seats;

2.

For a bowling alley, five spaces per alley, plus one space per two employees;

3.

For dance halls and skating rinks, one space per fifty (50) feet of floor area, plus one space per two employees.

F.

Commercial.

1.

For a retail store, except as provided in subsection (F)(2) of this section, two spaces per three hundred (300) square feet of floor space;

2.

For a service or repair shop or a retail store handling exclusively bulky merchandise, such as automobiles and furniture, one and one-half spaces per three hundred (300) square feet of floor area;

3.

For offices other than medical and dental, one space per three hundred (300) square feet of floor area;

4.

For medical and dental clinics, two spaces per three hundred (300) square feet of floor area, plus one space per two employees;

5.

For an eating or drinking establishment, one space per three seats;

6.

For mortuaries, one space per three seats.

G.

Industrial.

1.

For a storage warehouse, manufacturing establishment, or an air, rail or trucking freight terminal, two spaces per three employees;

2.

For wholesale establishments, one space per employee, plus one space per five hundred (500) square feet of patron serving area.

(Prior code § 13-14-020)

17.76.030 - Maintenance restrictions.

A.

The provision and maintenance of off-street parking and loading space is a continuing obligation of the property owner.

B.

No building permit or other permit shall be issued until plans are presented that show property that is and will remain available for exclusive use as off-street parking and loading space.

C.

The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by this chapter.

D.

Should the owner or occupant of any lot or building change the use to which the lot or building is put, thereby increasing off-street parking or loading requirements, it shall be unlawful and a violation of this chapter to begin or maintain such altered use until such time as the increased off-street parking or loading requirements are complied with.

(Prior code § 13-14-030)

17.76.040 - Standards for unlisted uses.

Requirements for types of buildings and uses not specifically listed in this chapter shall be determined by the town council after a report and recommendation from the planning commission, based upon the requirements of comparable uses listed.

(Prior code § 13-14-040)

17.76.050 - Multiple-use requirements.

In the event several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed on the basis of maximum simultaneous use.

(Prior code § 13-14-050)

17.76.060 - Town council may change number of spaces.

A.

The town council may increase or decrease the number of off-street parking spaces in consideration of the following factors:

1.

Probable number of cars owned by occupants of dwellings in the planned unit development;

2.

Parking needs of any non-dwelling uses;

3.

Varying time periods of use; and

4.

Whatever joint use of common parking areas is proposed.

B.

Regardless of a reduction in off-street parking spaces by the town council, adequate space and site design shall be provided to accommodate the standard number of spaces for proposed use.

(Prior code § 13-14-060)

17.76.070 - Location of spaces.

Required parking spaces shall be located not farther than three hundred (300) feet from the building or use they are required to serve, measured in a straight line from the building.

(Prior code § 13-14-070)

17.76.080 - Spaces not to be used for storage.

Required parking spaces shall be available for the parking of operable passenger automobiles of residents, customers, patrons, and employees only, and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or use.

(Prior code § 13-14-080)

17.76.090 - Setbacks.

Except as provided in Section 17.76.020 (A)(1), required parking and loading spaces shall be set back five feet from the front lot line.

(Prior code § 13-14-090)

17.76.100 - Plans required for building permit.

A plan, drawn to scale, indicating how the off-street parking and loading requirements, excluding single dwelling unit areas, are to be fulfilled shall accompany an application for a building permit. The plan shall show all elements necessary to indicate that the requirement is being fulfilled, including the following:

A.

Delineation of individual parking and loading spaces;

B.

Circulation area necessary to serve spaces;

C.

Access to streets and property to be served;

D.

Grading, drainage, surfacing and subgrading details;

E.

Other pertinent details.

(Prior code § 13-14-100)

17.76.110 - Design standards.

A.

Access. Unobstructed, direct and convenient access for vehicles to and from a public street shall be provided for all off-street parking spaces. No off-street parking space shall be served by more than two access ways to any one public street. Access ways shall be designed so as to reduce the number and proximity of access points along highways.

B.

Paving. Except for single-family and two-family dwellings, all access ways between a public street and off-street parking spaces or areas and all off-street parking spaces or areas not covered or enclosed by a garage or carport shall be surfaced with asphalt, concrete, or other similar dustless material. For single-family and two-family dwellings, off-street parking spaces and access ways shall be covered as above or by lawn or grass, with asphalt or concrete parallel driving strips capable of providing a driving surface for a motor vehicle.

C.

Design of Parking Areas. The following design standards shall be met for all parking areas provided, whether or not the parking area is required by the town, except where the parking area is to serve residential and lodging uses only as set forth in subsection D of this section and fewer than ten (10) parking spaces are provided. Wherever a parking area is provided, the owner or developer shall provide the town with a scale drawing of each building and the location and layout of off-street parking spaces and areas.

1.

Access. Each access way between a public street and the area containing the off-street parking spaces shall be not less than fifteen (15) feet nor more than thirty (30) feet wide at the intersection of the access way with the public street and a divider strip at least six feet long shall be installed if the access way exceeds twenty-five (25) feet in width. Access from any parking area shall be to a public street.

2.

Parking Area Layout. Every parking area shall be designed according to the following table. The top line of figures for each parking angle constitutes minimum design standards and the lower two lines constitute higher standards to be employed at the option of the owner or developer. The owner or developer may select the parking angle and the line of figures for such parking angles and then all figures in that line shall become requirements.

Minimum Parking Space and
Driveway Requirements

A = parking angle

B = stall width

C = length of stall to curb

D = aisle width

E = curb length per stall

F = width of double row with aisle

A B C D E F
10 degrees 9′0″ 9.0 12.0 23.0 30.0
9′6″ 9.5 12.0 23.0 31.0
10′0″ 10.0 12.0 23.0 32.0
20 degrees 9′0″ 15.0 11.0 26.3 41.0
9′6″ 15.5 11.0 27.5 42.0
10′0″ 15.9 11.0 29.2 42.0
30 degrees 9′0″ 17.3 11.0 18.0 45.6
9′6″ 17.8 11.0 19.0 46.6
10′0″ 18.2 11.0 20.0 47.0
45 degrees 9′0″ 19.8 13.0 12.7 52.5
9′6″ 20.1 13.0 13.0 53.3
10′0″ 20.5 13.0 14.1 54.0
60 degrees 9′0″ 21.0 18.0 10.4 60.0
9′6″ 21.2 18.0 11.0 60.4
10′0″ 21.5 18.0 11.5 61.0
70 degrees 9′0″ 21.0 19.0 9.6 61.0
9′6″ 21.2 18.5 10.1 60.9
10′0″ 21.2 18.0 10.6 60.4
80 degrees 9′0″ 20.3 24.0 9.6 64.4
9′6″ 21.2 18.0 10.6 60.4
10′0″ 20.5 24.0 9.1 64.3
90 degrees 9′0″ 19.0 24.0 9.0 64.0
9′6″ 19.0 24.0 9.5 62.0
10′0″ 19.0 24.0 10.0 62.0

 

3.

Screening. Every parking area shall be adequately screened from adjoining residential uses by a fence or wall not less than three and one-half feet nor more than six feet in height or by a strip at least four feet wide of densely planted trees or shrubs having minimum mature height of three and one-half feet which shall be maintained in good condition at all times and trimmed so as not to exceed six feet in height.

4.

Landscaping. At least ten (10) percent of the total parking area, including access ways, shall be devoted exclusively to landscaping of trees, shrubs, and ground cover which reduce the visual impact and assist in defining onsite traffic movement. Such landscaping shall include, adjacent to any public street, a strip at least four feet wide of densely planted trees or shrubs having a minimum mature height of three and one-half feet which shall be maintained in good condition at all times and trimmed so as not to exceed six feet in height. Hedges provided to fulfill screening requirements under subsection (C)(3) of this section may be counted toward this ten (10) percent landscaping requirement.

5.

Lighting. Security lighting shall be provided in all parking areas used or designed for use during evening hours. The lighting shall not be directed towards any adjacent residential uses or public streets.

6.

Drainage. All off-street parking areas and spaces shall be designed and graded to restrict site drainage to a rate no greater than the historical rate, before development, for the twenty-five (25) year storm or shall include development of a storm drainage system to convey runoff water to a site approved by the town engineer. Such drainage plan or system shall be approved by the town engineer prior to the construction of the off-street parking.

7.

Snow Storage. All off-street parking areas shall include space for snow storage and removal of snow on parking areas when required by the planning and zoning commission and town council when the size and location of the parking area are such that no public area is available for snow storage.

(Prior code § 13-14-110)

17.76.120 - Requirements and standards for off-street parking in the C-1 zone district.

A.

The provisions in this section apply only to buildings or structures located in the town's C-1 zone district. In the event a provision in this section conflicts with another requirement in this chapter, the applicable provision in this section shall govern.

B.

Parking space requirements for each use in the C-1 zone district shall be as follows:

1.

For residential dwelling units, one and one-half parking spaces per dwelling unit;

2.

For commercial uses, no parking spaces shall be required.

C.

A minimum of fifty (50) percent of the required parking spaces in the C-1 zone district shall be provided on site behind the building and with access from the alley.

D.

Loading may take place within the right-of-way as long as it does not create a safety hazard for vehicle or pedestrian traffic.

E.

Off-site parking available within four hundred (400) feet of the front entry of a building owned or controlled under a permanent and recorded parking encumbrance agreement shall count towards the parking space requirement for the applicable use set forth in subsection B of this section.

F.

Shared Parking. Separate properties in the C-1 zone district may share parking facilities with the approval of the town administrator. Requests for approval shall be submitted to the town administrator in a form provided by the town and shall contain the following:

1.

A descriptive narrative;

2.

A parking plan drawn to scale showing the location of the properties, the location and size of parking spaces, pedestrian access and other relevant information;

3.

A calculation of the number of parking spaces required for each property pursuant to this section;

4.

Proof of ownership or lease of the area to be used for parking;

5.

Proof that there is a convenient pedestrian connection between the properties;

6.

Proof that the properties are within five hundred (500) feet of each other;

7.

A draft of a long-term shared parking agreement which names the town as a third-party beneficiary with the right but not the obligation to ensure compliance with the agreement; and

8.

An application fee.

G.

Compact Vehicle Parking Spaces. Up to twenty-five (25) percent of the required parking spaces in the C-1 zone district may be designed for compact vehicles. Perpendicular compact vehicle parking spaces shall be a minimum of seven and a half feet wide by fifteen (15) feet deep and shall have signage indicating that they are reserved for compact vehicles only.

H.

Exemption. A special exemption to the parking requirements set forth in this section may be granted by the board of adjustment where it is demonstrated that the demand for parking for a particular use is less than the minimum parking required for that use.

I.

Cash in Lieu of Parking. Upon a recommendation of the planning and zoning commission and at the sole discretion of the town council, the off-street parking requirements in the C-1 zone district may be wholly or partly satisfied by a payment of cash in lieu of parking. Such payment shall be utilized by the town solely for acquisition, construction, or improvement of parking facilities within the downtown. The amount of the cash in lieu shall be set by the fee schedule adopted annually by the town, and shall be changed based on an objective analysis of the costs in providing public parking spaces downtown.

(Ord. No. 2010-4, § 3, 4-20-2010; Ord. No. 2013-4, § 2(C), 6-18-2013)

Editor's note— Ord. No. 2010-4, § 3, adopted Apr. 20, 2010, repealed the former section and enacted a new one as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 2004-10, § 3; Ord. No. 2005-19, § 2.
  Section 5 of Ord. No. 2010-4 provides: "This Ordinance shall expire 24 months from the effective date, unless re-enacted by Town Council." Ord. No. 2012-1, § 2, adopted May 15, 2012, amended Ord. No. 2010-4, § 5 to extend the expiration date an additional 12 months to May 31, 2013.