New Freedom City Zoning Code
ARTICLE VII
Off-Street Parking and Loading
§ 225-701 Purpose.
Any building or other structure erected, altered, or used, and any lot used or occupied for any of the following purposes shall be provided with minimum off-street parking spaces as set forth in the following sections, together with adequate driveways or other means of circulation and access to and from a public street.
§ 225-702 Location of spaces.
A.
In all districts, except the Central Business District, required off-street parking spaces shall be on the same lot or premises with the use served.
B.
In the Central Business District, required off-street parking spaces may be on the same lot or premises with the use served or on a separate lot within 300 feet of the use served. The parking area must remain under control of the owner or operator of the use to which the parking area is appurtenant. Where provision of required parking involves a lot separated from the use served, the applicant for a use or building permit shall submit, with his application, an instrument duly executed and acknowledged that subjects such parcels of land to parking uses in connection with the principal use to which it is accessory. Upon issuance of a permit, the Zoning Officer shall cause such instrument to be recorded in the office of the Recorder of Deeds.
C.
On-street parking may be substituted for the required off-street parking by conditional use approval of the Borough Council. Such on-street parking will only be permitted where adequate street frontage is available adjacent to the parcel to provide the required number of parking spaces. In addition, the applicant must also provide the required number of handicapped parking spaces in accordance with the requirements of the ADA and the UCC.
[Added 3-14-2011 by Ord. No. 2011-1]
§ 225-703 Required number of spaces.
The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following provisions. Where the computation of required parking spaces results in a fractional number, any fraction equal to or exceeding 1/2 space shall be counted as one; any fraction less than 1/2 space may be dropped.
A.
Parking requirements for residential uses.
(1)
Apartment accessory to a permitted commercial use: two off-street parking spaces for each such apartment, in addition to the required parking spaces for the commercial use.
(2)
Boarding and rooming houses, hotels, motels, and bed-and-breakfast inns: at least one parking space for each guest room, plus one additional space for every two full-time employees. Spaces for associated restaurants and meeting rooms shall be in addition to these requirements.
(3)
Dwelling units (except multifamily): two off-street parking spaces for each dwelling unit.
(4)
Multifamily dwelling units. The total number of parking or garage spaces shall not be less than 2.5 times the number of dwelling units to allow for resident and visitor parking.
B.
Parking requirements for commercial uses.
(1)
Automotive service stations and automotive repair garages: two off-street parking spaces for each service bay or area, plus one space for each full-time employee on the largest shift. Said off-street parking spaces are not to be a part of, nor interfere with, the driveways to the pumps and shall be in addition to the requirements for any other principal use located upon the same site, such as a convenience food store.
(2)
Automotive sales facilities: one off-street parking space for each 400 square feet of gross floor area, plus one space for each 3,000 square feet of outside sales area, plus one additional space for each full-time employee.
(3)
Entertainment/recreation facility: one off-street parking space for each four seats provided for patron use, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.
(4)
Drive-in business: one off-street parking space for every two seats of maximum capacity, or one off-street parking space for every 50 square feet of gross floor area, whichever is larger, plus one space for each two employees on the largest shift.
(5)
Mortuary or funeral home: one off-street parking space for each 100 square feet of floor area for public use, plus one additional space for each full-time employee and each vehicle maintained on the premises.
(6)
Retail store or shop and personal service shops: one off-street parking space for each 200 square feet of gross area used or intended to be used for servicing customers, plus one additional space for every two full-time employees on the largest shift.
(7)
Restaurants, taverns: one off-street parking space for each four seats of maximum capacity, plus one space for every two employees on the largest shift.
(8)
Medical, dental, and veterinary offices and clinics: four off-street parking spaces for each practitioner, plus one space for each employee on the largest shift.
(9)
Business, financial, professional or public service office: one off-street parking space for each 200 square feet of ground floor area for public use, plus one space for each 300 square feet of floor area above the ground floor available for public use, plus one additional space for every two full-time employees.
(10)
Home occupation and day-care homes. In addition to spaces required for the dwelling, home occupations and day-care homes shall provide one off-street parking space for the use itself, plus two spaces for a dropoff area, plus one space for each employee residing off site.
(11)
Shopping mall/center/plaza: 5 1/2 off-street parking spaces for each 1,000 square feet of floor area, or fraction thereof.
(12)
All other commercial uses: one off-street parking space per employee plus such space as may be determined by the Borough on a case-by-case basis.
C.
Parking requirements for industrial uses.
(1)
Bus, taxi or railroad terminal: as required by Borough Council.
(2)
Manufacturing and other industrial establishments: one space for every 1 1/2 employees on major shift, but at least one space for each 5,000 square feet of gross floor area, plus one space for each company vehicle normally stored on the premises.
[Added 3-14-2011 by Ord. No. 2011-1]
D.
Parking requirements for public and quasi-public uses:
(1)
Day-care center: one off-street parking space per employee, plus three spaces for a dropoff area.
(2)
Recreational facility: one off-street parking space per five seats or similar accommodation, or one space per two lockers or similar accommodation, whichever yields the larger parking requirement.
(3)
Places of worship; cultural facilities; theaters; or other places of public or private assembly: one off-street parking space for each four seats, or at least one space for each 200 square feet of gross floor area provided for public or private assembly, whichever is greater.
(4)
Convalescent or nursing home; hospital: one off-street parking space for each three patient or inmate beds, plus at least one additional space for each staff and visiting doctor, plus one additional space for each employee (including nurses) on the largest shift.
(5)
Elementary schools: one off-street parking space for each faculty member and employee, plus one space per two classrooms and offices.
(6)
Secondary schools and similar educational establishments: one off-street parking space per faculty member plus one space per six students of projected building capacity.
(7)
Fire station: three off-street parking spaces for every four employees on the largest shift, or four spaces for each fire truck where no community room is part of the building, whichever is greater. Where a community room is provided, two off-street parking spaces for each fire truck, plus one space for each 100 square feet of gross floor area.
(8)
Communication facility; public utility: one off-street parking space for each vehicle normally required to service such facility.
E.
Handicapped parking. Handicapped accessible parking shall be provided in accordance with the requirements of the Americans with Disabilities Act (ADA) and the Uniform Construction Code (UCC), as may be amended from time to time.
[Added 3-14-2011 by Ord. No. 2011-1]
F.
Joint use. Two or more commercial, industrial, or institutional uses may provide for required parking in a common parking lot if the total number of spaces provided is not less than the sum of the spaces required for each use individually. However, the number of spaces required in a common parking facility may be reduced below this total only as a special exception under Article X if it can be demonstrated to the Zoning Hearing Board that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the parking facility.
G.
Waiver of requirements. In the Central Business District, the required number of off-street parking spaces may be partially waived by the Zoning Hearing Board, provided satisfactory demonstration is made to the Board by the developer that the required number of such spaces is excessive for the use(s) proposed. In no case, however, shall any such waiver reduce the number of off-street parking spaces to less than 1/2 the number of spaces specified herein. Such waiver shall be permanent, and the Borough may not subsequently require the provision of the waived spaces; if, however, the use(s) change or enlarge, then the waiver shall become void pending reevaluation.
§ 225-704 Off-street parking design standards.
[Amended 3-14-2011 by Ord. No. 2011-1; 8-13-2012 by Ord. No. 2012-2]
B.
Deviations from requirements.
(1)
Deviations from the requirements of § 194-508 of Chapter 194, Subdivision and Land Development, that are proposed during the subdivision/land development process shall be permitted as a waiver according to § 194-205 and, when granted, will not also require the grant of a variance under the terms of this chapter.
§ 225-705 Off-street loading.
All institutional, commercial, industrial and utility/transportation uses whose principal buildings have an aggregate floor area exceeding 6,000 square feet shall provide minimum off-street loading spaces as set forth herein:
A.
Required spaces.
(1)
Aggregate floor area less than 6,000 square feet: no loading spaces required.
(2)
Aggregate floor area 6,000 to 20,000 square feet: one off-street loading space.
(3)
Aggregate floor area over 20,000 square feet: one off-street loading space for each additional 60,000 square feet.
(4)
All off-street loading spaces shall be provided and maintained so long as the use exists that the facilities were designed to serve.
C.
Deviations from requirements.
[Added 8-13-2012 by Ord. No. 2012-2]
(1)
Deviations from the requirements of § 194-509 of Chapter 194, Subdivision and Land Development, that are proposed during the subdivision/land development process shall be permitted as a waiver according to § 194-205 and, when granted, will not also require the grant of a variance under the terms of this chapter.
§ 225-706 Driveways.
A.
Width. Driveways may not exceed 35 feet in width or be less than eight feet in width. Driveway width is measured from the inside radii.
[Added 3-14-2011 by Ord. No. 2011-1]
B.
Number. The number of driveways may not exceed two per lot on any street frontage. The Zoning Hearing Board may grant permission by special exception for additional access where required to meet exceptional circumstances and where frontage of unusual length exists.
C.
Separation from intersections. Driveways may not cross the street right-of-way lines:
(1)
Within 40 feet of the street right-of-way line of an intersecting street.
(2)
Within five feet of a fire hydrant.
(3)
Within 25 feet of another driveway on the same lot where lot width permits.
(4)
Within three feet of a property line, unless two adjoining property owners mutually agree in a legally recorded instrument acceptable with the Borough Solicitor to a common driveway.
[Amended 7-12-1999 by Ord. No. 1999-4]
D.
Slope, cuts.
(1)
The driveway may not exceed a slope of 8% within 25 feet of the street right-of-way line.
(2)
Where a driveway enters a bank through a cut, unless a retaining wall is used, the shoulders of the cut may not exceed 50% in slope within 25 feet of the point at which the drive intersects the street right-of-way. The height of the bank must not exceed three feet within 20 feet of the street.
§ 225-707 Access drives.
[Amended 3-14-2011 by Ord. No. 2011-1; 8-13-2012 by Ord. No. 2012-2]
B.
Deviations from requirements.
(1)
Deviations from the requirements of § 194-506 of Chapter 194, Subdivision and Land Development, that are proposed during the subdivision/land development process shall be permitted as a waiver according to § 194-205 and, when granted, will not also require the grant of a variance under the terms of this chapter.