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New Kent County Unincorporated
City Zoning Code

ARTICLE XXIII

PARKING AND LOADING AREAS19


Footnotes:
--- (19) ---

Editor's note— Ord. No. O-03-11(R1), adopted Dec. 12, 2011, repealed art. XXIII and enacted a new article as set out herein. The former art. XXIII, §§ 98-901—98-906, pertained to off-street parking, driveways and landing areas, and derived from §§ 9-296—9-301 of the 1999 Code.

Cross reference— Stopping, standing and parking, § 70-131 et seq.


Sec. 98-901.- General provisions.

(a)

In any district, all structures erected or enlarged and all uses established, expanded, or changed, for which parking and loading spaces are required, shall provide parking and loading spaces in accordance with the requirements established herein.

(b)

Nothing contained in this article shall prohibit an electric vehicle charging station.

(c)

All required off-street parking and loading spaces shall be maintained for parking or loading use for as long as the principal use for which such spaces were established shall remain.

(d)

In the event more than one use which requires parking or loading spaces is erected or established on the same premises, parking or loading spaces shall be provided on the basis of the sum of the required spaces for each individual use. Upon the submission of operation schedules, a reduction in the number of parking spaces can be made by the zoning administrator, if it can be clearly demonstrated that the peak utilization of the parking facility by the users of the parking facility occurs at different times of the day. Parking space requirements for a shopping center shall be based on the shopping center use provided in section 98-903 and shall not include the parking requirements of individual uses within the shopping center except for theaters or bingo halls.

(e)

Should required off-street parking spaces become unavailable for use at some future time, an equal number of parking spaces shall be constructed and provided on either the primary site or by another off-site arrangement meeting the requirements of this article. Failure to provide or construct such replacement parking spaces within 90 days from the date on which the use of the previously available off-street spaces was terminated shall be a violation of this chapter.

(f)

Business vehicles parked on the site shall not adversely impact the availability of parking for customers, clients or employees.

(g)

Outdoor storage and display shall not be permitted in required parking spaces.

(h)

In calculating the number of required off-street parking and loading spaces the following rules shall govern:

(1)

Floor area shall mean the gross floor area of the specific use measured from the exterior faces of exterior walls or from the center line of walls separating two attached buildings. Unless otherwise specified, floor area shall include associated corridors, utility rooms and storage space.

(2)

Parking spaces required on a per employee or per person basis in the standards which follow shall be based on the maximum number of employees or persons on duty or residing, or both, on the premises at any one time, or the maximum occupancy load (based on the Virginia Uniform Statewide Building Code and fire code) of the building or use, whichever is greater. Overlapping demand for parking spaces at shift changes shall be considered in determining these maximum loads.

(3)

Where fractional spaces result, the parking and loading spaces required shall be rounded to the next highest whole number.

(4)

The parking or loading space requirements for a use not specifically mentioned shall be the same as required for a use of a materially similar nature, as determined by the zoning administrator. However, a site-specific parking analysis and plan may be required by the zoning administrator.

(i)

No zoning certificate or certificate of occupancy may be issued unless the following criteria are fully satisfied with regard to site parking:

(1)

Site parking as shown on an approved site plan has been fully implemented on the site, including, where applicable, installation of landscaping, curbs, paving or other surface treatment, painting or striping to delineate individual spaces, installation of necessary regulatory, warning and directional signage, delineation of handicapped spaces and all other aspects required or shown on the approved plan; or

(2)

Site parking as shown on an approved site plan, because of seasonal or unanticipated weather conditions, cannot be fully implemented immediately, but has been guaranteed by a postponed improvement agreement between the developer and the county in a form acceptable to the county attorney, and secured by a letter of credit, cash escrow or other instrument acceptable to the county attorney in an amount equal to the remaining cost of such implementation plus a reasonable allowance for estimated administrative costs, inflation and potential damage to existing improvements and vegetation. The zoning administrator shall determine, on a case-by-case basis, the minimum acceptable level of improvement necessary for issuance of a temporary zoning certificate under these circumstances. The building official shall determine, on a case-by-case basis, the minimum acceptable level of improvement necessary for issuance of a temporary certificate of occupancy under these circumstances.

(Ord. No. O-13-11(R1), 12-12-2011)

Sec. 98-902. - Parking and loading design standards.

(a)

Location of parking. The off-street parking facilities required by this article shall be located on the same lot or parcel of land or within the same project and in reasonable proximity to the uses or structures that they are intended to serve. Location of all or the majority of off-street parking to the side or rear of the principal building is strongly encouraged. For nonresidential uses the zoning administrator may authorize an alternate location that provides parking for the use in question on a different lot or parcel, subject to the following:

(1)

All such parking spaces shall be on property zoned for the uses which require the parking spaces or for more intensive uses.

(2)

The right to permanently use such property for parking shall be established by deed, easement, lease or similar covenant or agreement, shall be approved as to form and content by the county attorney, and shall be recorded in the clerk's office of the circuit court.

(b)

Access to off-street parking.

(1)

Parking for customers shall be located no farther from the main entrance(s) of the use it is to serve than indicated below:

a.

Handicapped-accessible parking spaces shall be located within 100 feet or less from the entrance of the use, if practicable, and the entire route shall be barrier-free and plainly marked.

b.

All parking spaces not designated as handicapped-accessible parking spaces shall be within a reasonable distance of the entrance of the use, and the route between parking spaces and the entrance(s) of the use shall be safely and conveniently accessible to pedestrians.

(2)

Every parking space shall afford satisfactory ingress and egress for a motor vehicle without requiring another motor vehicle to be moved, except for single family detached, duplex and townhouse dwellings where the parking spaces are located on the same lot as the dwelling unit. This exception shall not be extended to required parking spaces for accessory apartments in single family detached dwellings, visitor parking in townhouse developments, or parking required in conjunction with home occupations.

(c)

General design standards.

(1)

Required off-street parking spaces for single-family detached and multi-family dwellings shall be a minimum of nine feet by 18 feet in dimension with a driveway that is constructed with an all weather surface, affording safe and convenient access, and passable by emergency vehicles at all times.

(2)

All permanent off-street parking areas proposed in conjunction with any development other than single-family detached or multi-family dwellings which is subject to the requirements of this article shall comply with the following design standards:

a.

Parking areas in excess of 50 parking spaces in the agricultural (A-1) and conservation (C-1) zoning districts, and parking areas in excess of 20 parking spaces in all other zoning districts shall be constructed of concrete, asphalt or other equivalent permanent, dustless surface such as cobblestone, Belgian block, brick, grid pavers, interlocking pavers, or similar surface material. The parking areas shall be designed to reduce or eliminate the opportunity for oil, gasoline, antifreeze, and other similar products from being transported from the lot and deposited into the surface water by storm water runoff or infiltrating into groundwater resources.

b.

Parking areas with fewer parking spaces than listed in the above section shall be constructed of the surfaces specified in the section above or gravel or similar dustless surfaces, passable by emergency vehicles.

c.

Parking lots shall be set apart from landscaped areas, walkways, etc. by a permanent curb or wheel stop.

d.

Fire lanes shall be provided as required by the fire marshal.

e.

Traffic aisles in parking lots shall conform to the following criteria:

Traffic Aisle Geometry

Angle of Parking Traffic Direction Aisle Width*
(in feet)
Parallel One-way 12
30-degree One-way 12
45-degree One-way 12
60-degree One-way 18
90-degree One-way 18
90-degree Two-way 24

 

* Minimum width of traffic aisles in parking lots for two-way traffic shall be 24 feet. Additional width may be required if needed for access of emergency vehicles.

f.

Pedestrian accommodations shall be provided to facilitate safe and convenient pedestrian movements within and between such parking areas and the establishments which they serve. Pedestrian accommodations shall be designed in accordance with all applicable barrier-free access standards as specified by the Virginia Uniform Statewide Building Code and the Americans with Disabilities Act.

g.

Lighting shall be provided in accordance with the standards of section 98-63(9).

h.

All parking spaces intended for use by the general public shall have minimum dimensions of nine feet by 18 feet, or ten feet by 20 feet if parallel.

i.

All parking spaces for persons with disabilities shall be provided and labeled on the plan in accordance with the numerical and design standards established for the physically handicapped and aged, by the Virginia Uniform Statewide Building Code and as specified in the Americans with Disabilities Act.

(d)

Off-street loading spaces.

(1)

Off-street loading spaces shall be located so that there is sufficient room for the turning and maneuvering of vehicles using loading spaces.

(2)

All off-street loading spaces including aisles and driveways leading to them shall be constructed of concrete, asphalt or other equivalent permanent, dustless surface material.

(3)

Each off-street loading space shall be not less than 12 feet by 50 feet in dimension with a vertical clearance of not less than 15 feet. The zoning administrator may authorize a reduction in the length of the required loading spaces in consideration of the characteristics of the use and appropriate documentation of typical delivery vehicle traffic.

(Ord. No. O-13-11(R1), 12-12-2011; Ord. No. O-01-13, 4-8-2013)

Sec. 98-903. - Minimum off-street parking and loading requirements.

(a)

The following standards shall be minimum standards, unless an approved parking and/or loading space analysis pursuant to section 98-904 is implemented:

Table of Parking and Loading Space Requirements

Use Off-Street Spaces Required Per Increment
Parking Loading
Agricultural, Forestal and Conservation Uses
Farmers' market 2, plus 1 per each 1,000 square feet of outdoor/open air display area 1
Winery—Farm 2, plus 1 per each 1,000 square feet of tasting, retail, restaurant areas 1
Winery—Commercial 2, plus 1 per each 250 square feet of tasting, retail, restaurant areas 1
Residential Uses
Apartment or condominium 2 per unit (does not include garage space) None
Assisted living facility 0.75 per unit 1
Group home 3, plus 1 per each 2 beds None
Manufactured home park 2 per unit, plus 0.5 per unit in visitor parking None
Single-family attached 2 per unit, plus 1 per each 3 units in visitor parking (does not include garage space) None
Single-family detached 2 per unit (does not include garage space) None
Business, Commercial and Service Uses
Automobile fuel sales and service; auto body and painting 1 per 500 square feet of enclosed office, sales or service area, plus 2 per service bay; minimum of 5 spaces total 1
Automobile, boat, farm equipment, RV, truck sales or rental 1 per 500 square feet of enclosed office, sales/rental floor area; plus 1 per 2,500 square feet of open sales or rental display lot area; plus 2 per service bay 1
Banks and other financial institutions with drive-through windows 1 per 300 square feet of floor area, plus 4 stacking spaces for the first drive through window, plus 2 stacking spaces for each additional window As required by zoning administrator
Banks and other financial institutions without drive-through windows 1 per 300 square feet of floor area As required by zoning administrator
Bed and breakfast 2, plus 1 per each guest room None
Building supply stores and showrooms; home appliance sales 1 per 500 square feet of floor area 1 per 15,000 square feet of floor area
Car wash 5, plus 4 stacking spaces per bay or stall None
Child or adult daycare; preschool; nursery 5, plus 1 for each 5 students or clients the facility is licensed to enroll None
Conference center 1 per every 4 fixed seats, plus 1 per 60 square feet of open assembly area 1
Contractor office 1 per 350 square feet, plus 1 per vehicle garaged on the site, plus 0.75 per employee 1
Convenience store; mini-mart 1 per 200 square feet of total building 1
Funeral home 4, plus 1 per 4 seats or seating spaces in the main chapel or parlor None
Game room; indoor commercial amusements 1 per every 200 square feet of gross floor area None
Hotel, motel, inn 1 per sleeping room or suite for first 100 units; plus
 • 0.9 per sleeping room or suite for units 101 through 200; plus
 • 0.8 per sleeping room or suite for units 201 through 300; plus
 • 0.7 per sleeping room or suite for units in excess of 300; plus
1 for each 25 square feet of floor area used for meeting rooms and for the preparation, serving or consumption of food or beverage, but not including storage and refrigeration areas
1
Kennel 1 per 10 animals licensed to board None
Lumberyard 1 per 1,000 square feet of office, retail and storage area 1, plus 1 per 15,000 square feet of floor area
Mini-storage; mini-warehouse 2, plus 1 per 7 storage units None
Personal service establishment; barber and beauty 1 per 200 square feet of gross floor area, or 2 per client chair, whichever is greater None
Plant nursery; garden center 1 per 200 square feet of indoor retail and office space; plus 1 per 5,000 square feet of indoor and outdoor display and propagation areas 1 per 15,000 square feet of floor area
Office—Medical, dental 2 per examination or treatment room; plus
1 per 350 square feet of administrative office space
1 per 15,000 square feet of floor area
Office (not otherwise listed) 1 per 350 square feet of total floor space 1 per building
Restaurant—Sit down 1 per 100 square feet of dining area including outdoor dining 1
Restaurant—Drive-in; fast food 1.5 per 100 square feet of gross floor area inclusive of outside dining area; plus
14 stacking spaces for the first drive-in window; plus 3 stacking spaces for each additional drive-in window
1
Retail establishment (not otherwise listed) 1 per each 250 square feet of gross floor area; plus 1 for every 500 square feet of open/outdoor display or sales area 1
Shopping center 1 per each 250 square feet of floor area 1, plus 1 per 15,000 square feet of floor area
Theater 1 per 4 seats None
Timeshare resort 1.3 per unit None
Veterinary clinic 1 per 350 square feet of floor area, excluding kennel space; plus 1 per examining room None
Industrial, Manufacturing, Processing and Storage
Industrial establishment 1 per 300 square feet of office area, plus 1 per 500 square feet of remaining floor area; or 1.3 per employee on the largest working shift 1 per loading dock; or 1 per 15,000 square feet of floor area
Laboratory 1 per 350 square feet of floor area 1 per 15,000 square feet of floor area
Warehouse, storage facility 1 per 300 square feet of office area, plus 1 per 10,000 square feet of remaining floor area; or 1.3 per employee on the largest working shift 1 per truck garaged on the site, plus either 1 per loading dock or 1 per 15,000 square feet of floor area
Wholesale business, distribution center 1 per 300 square feet of office area, plus 1 per 1,000 square feet of remaining floor area 1 per truck garaged on the site, plus 1 per 15,000 square feet of floor area
Public, Semi-public, Institutional and Recreation
Amusement park 1 per 4 persons at maximum legal occupancy, plus 1 per employee on the largest shift 1
Assembly hall, club, lodge 1 per every 4 seats or per every 60 square feet of assembly area 1
Batting cage, driving range, firearms range, mini-golf, outdoor commercial amusement 1 per 4 persons at maximum legal occupancy; or 5 plus 1 per cage, tee and/or firing position None
Bingo hall 1 per each 4 fixed seats; or 1 per each 60 square feet of open assembly area without fixed seats 1
Church, house of worship 1 per each 4 fixed seats in main assembly area; or 1 per each 60 square feet of main assembly area without fixed seats None
Community center 1 per every 6 persons at maximum legal occupancy limit None
Country club, golf course 1 per 400 square feet of floor area in meeting rooms, lounges of Country Club plus 50 per 9 holes 1
Health and fitness center 1 per 200 square feet of floor area, plus 1 per employee on the maximum shift None
Horse racing facility 1 per employee on the maximum shift plus 1 per 3 persons at maximum legal occupancy 1
Hospital, medical center 1.5 per patient bed, plus 1 for every 350 square feet of administrative office space 1, plus 1 per 15,000 square feet of floor area
Library 1 per 300 square feet of gross floor area, with a minimum of 10 spaces None
Medical convenience center 2 per examining room, plus 1 per 350 square feet of administrative office space None
Park, playground Based on National Recreation and Park Association standards for the specific facility type and approval of the zoning administrator None
School—Elementary and Middle, K-8 2.5 per classroom 1
School—High, 9-12 1 per classroom or teaching station, plus 1 per 5 students at capacity 1
School—College, trade, vocational 1 per each 2 students of maximum projected enrollment capacity; plus 1 per classroom or teaching station 1
Transportation
Airport 1 per each 2 tie-downs or hangar spaces, plus 1 per each vehicle garaged on site 1 per 15,000 square feet of floor area, excluding hangar spaces
Boat dock, marina 1 per 5 berths, plus 1 per 500 square feet of dry storage area, plus 2 per each houseboat mooring; plus spaces for any restaurant (as required by this section) 1

 

(b)

The parking space numbers derived from the increments contained in the Table of Parking and Loading Space Requirements above can be increased by ten percent rounded to the next highest whole number.

(Ord. No. O-13-11(R1), 12-12-2011)

Sec. 98-904. - Reduction or addition of off-street parking spaces.

(a)

Applicants may have a site and/or use specific parking and/or loading space analysis and plan prepared by a professional qualified to perform such studies for submission to the county for consideration in lieu of the numerical parking or loading space standards contained in this article.

(1)

Such an analysis and plan shall be based on parking/loading demands at comparable uses or establishments taken within six months of the date of submission and shall include comparisons with the Institute of Transportation Engineers (ITE) Parking Generation report (3rd Edition, 2004, or as it may be amended from time to time).

(2)

The parking analysis may also propose, and the zoning administrator may approve, the construction of a portion of the required parking for a site in an "overflow" or "peak demand" lot. Such lots may be designed with grid paving systems that allow grass to grow within the paver voids. Curbing and wheel stops may be eliminated from this portion of the parking lot.

(3)

If approved by the zoning administrator, the site-specific parking or loading plan shall guide the development for the site, provided that, if the plan provides for fewer parking or loading spaces than would otherwise be required, an area sufficient to accommodate one-half of the difference shall be reserved for a period of five years and maintained as landscaped open space during that time. A reserved area shall not be required where the site and use-specific parking analysis and plan refers to a use for which a specific or comparable listing is not provided in this article.

(4)

The professional qualifications of the preparer shall accompany the report.

(Ord. No. O-13-11(R1), 12-12-2011)