New Lebanon City Zoning Code

OFF-STREET PARKING

§ 152.230 OFF-STREET PARKING REQUIRED.

In connection with every use, there shall be provided, at the time any building or structure is erected, or at the time any use of land is extended, off-street parking as provided in §§ 152.231 through 152.238, except that no off-street parking space shall be required for uses in existence as of the effective date of this zoning code.

('80 Code, § 152.230) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

§ 152.231 OFF-STREET PARKING REQUIREMENTS.

Off-street parking requirements shall be as follows:

(A) Group No. 1: Dwelling and Lodging Uses.

Use	Number of Spaces Required
One- and two-family dwellings	One space for each dwelling unit
Three-family dwellings or mobile home parks	One and one-half spaces for each dwelling unit, mobile home, or house trailer
Four or more dwelling units	Two spaces for each dwelling unit
University owned or leased housing, fraternities, and sororities	One space for each three occupants calculated on the designed capacity of the building
Hotels and motels	One space for each rental unit, plus one space for each employee on the maximum work shift, plus such spaces as required by this zoning code for restaurants, assembly rooms, and affiliated facilities
Housing for the elderly	One space for each two dwelling units
Rooming houses	One space for each two roomers or boarders based on the designed capacity of the building plus two spaces for a resident owner or resident manager

(B) Group No. 2: Business and commercial uses:

Use	Number of Spaces Required
All business and commercial establishments, except those specified hereafter	One space for each 300 sq. ft. of floor area
Retail stores	One space for each 250 sq. ft. of floor area
Barber shops, beauty parlors, or similar personal service	Four spaces per chair
Eating places	One space for each 100 sq. ft. of floor area with a minimum of 15 spaces for eating places - drive-in and ten spaces for eating places - carry-out
Automobile service stations	Six spaces, plus one for each employee on the largest shift, except that stations which primarily dispense only petroleum products and have no under-roof facilities for the repair and servicing of motor vehicles will require only two spaces, plus one for each employee on the largest shift
Furniture and appliance stores	One space for each 1,000 sq. ft. of enclosed floor area
Laundromats	One space for each two washing or cleaning machines
Private clubs and lodges	One space for each member of staff, plus one space for each three club members, plus one space for each room which can be used to provide lodging accommodations for members or their guests

Use	Number of Spaces Required
Administrative or business office	One space for each 300 sq. ft. of floor area

(D) Group No. 4: Medical and health uses.

Use	Number of Spaces Required
Dental clinics and offices	Two spaces for each examination or treatment room, plus one space for each dentist and other employee
Medical clinics and offices	Three spaces for each examination or treatment room, plus one space for each doctor and other employee
Hospital or similar medical facility	One space for each hospital bed, plus one space for each two employees and staff on the combined major work shift
Nursing home, rest home, and convalescent homes	One space for each two beds
Funeral homes	One space for each 50 sq. ft. of floor area in public rooms, plus one space for each vehicle maintained on the premises, plus one space for each employee

(E) Group No. 5: Educational uses.

Use	Number of Spaces Required
Elementary schools, junior high schools, public or private	One space for every 30 classroom seats, plus one space for each teacher or other employee
High schools, public or private	One space for each six students based on the design capacity of the building, plus one space for each teacher or other employee
Nursery or child care centers	Two spaces, plus one space for each staff member
Colleges and universities	One space for each five classroom seats, plus one space for each three seats in an auditorium
Trade or commercial schools	One space for each student, based on the design capacity of the building, plus one space for each teacher or other employee
Libraries, museums, art galleries, and other public buildings	One space for each 300 sq. ft. of floor area

(F) Group No. 6: Recreational and religious uses.

Use	Number of Spaces Required
Churches, chapels, temples, synagogues, auditoriums, gymnasiums, stadiums, and other places of public assembly	One space for each three seats or bench seating spaces
Theatres	One space for each two seats
Assembly halls, exhibition halls, or rooms without seats	One space for each 50 sq. ft. of floor area
Golf courses, swimming pools, or similar places	One space for each three patrons the establishment is designed to serve
Enclosed place of amusement or recreation or similar place of assembly	One space for each 100 sq. ft. of floor area devoted to assembly
Bowling establishments	Five spaces for each bowling lane, plus such additional space as may be required for affiliated uses

(G) Group No. 7: Industrial uses.

Use	Number of Spaces Required
Manufacturing, warehousing, wholesaling, or similar establishments	One space for each two employees on the combined work shifts, plus one space for each 10,000 sq. ft. of floor area, plus one space for each vehicle maintained on the premises

('80 Code, § 152.231) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

§ 152.232 GENERAL STANDARDS.

(A) Utilization. Required off-street parking facilities as listed in § 152.231 shall be solely for the parking of motor vehicles in operating condition, or patrons, occupants, or employees of such uses.

(B) Size. A required off-street parking space shall conform to standards acceptable to the Institute of Transportation Engineers (ITE) and as approved by the Municipal Traffic Engineer.

(C) Access. Each required off-street parking space shall open directly on an aisle or driveway of such width and design conforming with standards acceptable to the Institute of Transportation Engineers (ITE) and as approved by the Municipal Engineer. The aisle or driveway shall not be used for the parking of other vehicles, except that the driveway of a single-family residence may be counted as a parking space.

(D) Required yards. Structures and buildings containing off-street parking shall be subject to the yard requirements applicable in the district in which located. Off-street parking areas open to the sky may be located on any yard, except that:

(1) In any residential zoning district or in the OR-1 office/residential zoning district, off-street parking shall not be located in any required yard;

(2) In any residential zoning district on a corner lot devoted to a residential use, the off-street parking shall not be located closer to the side lot line bounding a street than the minimum side yard width prescribed by the development standards for the district; and

(3) If a lot is devoted to a nonresidential use and if its front lot line, side lot line, or rear lot line separates the lot from a lot in a residential district, the off-street parking facilities located thereon shall not be closer to such lot line than the minimum front yard depth, side yard width, or rear yard depth prescribed by the development standard for the district.

(E) Location. All required parking spaces shall be located as follows:

(1) In any residential zoning district, on the same lot as the building or use served;

(2) In a business district, on the same lot as the building or use served, or a contiguous parcel, or within 400 feet of the principal structure; and

(3) In any industrial district, on the same lot as the building or use served, or a contiguous parcel, or within 1,000 feet of the nearest point of the principal structures; however, no off-street parking facilities for a business or industrial use shall be located in a residential district.

(F) Restricted parking lots - conditional use. Notwithstanding the provisions of division (E) above, the Board of Zoning Appeals may permit the use of land lying in a zoning district in which parking lots otherwise are not a permissible use, as restricted parking lots, subject to the following:

(1) The approval of a restricted parking lot by the Board of Zoning Appeals must be based on a finding that:

(a) The parcel to be used is located not more than 50 feet from the parcel on which is located the land use requiring the parking facilities;

(b) The parking lot or parking lots shall be for use in connection with a permissible use in an adjacent zoning district (whether the adjacent district is within the territory subject to this zoning code or is within a territory subject to the zoning restrictions of another zoning authority). The parking lot shall be used solely for the parking of private passenger vehicles;

(c) The parking lot shall not be used for repair work or vehicle servicing or loading of any kind, and no advertising signs of any kind shall be erected on the lot; and

(d) The parking lot shall be closed between 11:00 p.m. and 7:00 a.m., except as may be otherwise permitted by the Board of Zoning Appeals.

(2) Application for a conditional use certificate shall be treated, processed, noticed, and heard in the manner prescribed for in § 152.016.

(3) The Board shall impose further conditions, such as screening and landscaping, as may be deemed necessary and appropriate, in order to reduce the adverse effect of a parking lot on the preservation of the residential character and development of the residential district in which the parking lot is proposed to be located.

(G) Repair and service. No motor vehicle repair work or service of any kind, except emergency repairs, shall be permitted in or in association with any off-street parking area.

('80 Code, § 152.232) (Ord. 94-14, passed 7-5-94; Am. Ord. 97-09, passed 3-18-97; Am. Ord. 2004-18, passed 1-4-05) Penalty, see § 152.999

§ 152.233 REQUIRED IMPROVEMENTS TO OFF-STREET PARKING AREAS.

(A) Surfacing. All open off-street parking areas having a vehicular use area greater than 10,000 square feet in size shall be graded and constructed having a minimum eight inches of #304 base overlain by at least two inches of asphalt concrete on comparable all-weather surface acceptable to the Municipal Engineer.

(B) Peripheral landscaping required. All open off-street parking areas shall be separated from public sidewalks and street rights-of-way by a landscaped strip at least ten feet in width, and a six-inch high barrier (curb) shall be provided on the parking lot side of the landscape strip.

(C) Screening. When any open off-street parking area containing more than five parking spaces is adjacent to a residential district, an effective buffer or screen, consisting of a solid wall, fence, or dense living hedge shall be provided at the lot line to protect the privacy of the adjoining residential uses. This wall, fence, or hedge shall be not less than six feet in height within side or rear yards and not more than three feet in height within a front yard.

(D) Lighting. Any lighting used to illuminate off-street parking areas shall be equipped with suitable shielding or be so designed as to prevent a glare at eye level on surrounding public or private property.

(E) Interior landscaping required. No off-street parking areas shall be constructed or enlarged until interior landscaping has been approved by the village Planning Commission and installed.

(1) Landscape materials. The primary landscaping materials used in such off-street parking areas shall be trees, which shall be eight feet to ten feet in minimum overall height upon planting and which provide shade or are capable of providing shade at maturity. Shrubbery, hedges, and other planting materials may be used to complement the tree landscaping. A guide of planting types deemed acceptable for landscaping purposes is on file in the office of the Zoning Inspector and should be consulted prior to design of any parking facility.

(2) Size of planting areas. The interior dimensions of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to insure proper growth. In those instances where plant material exists on a proposed parking facility prior to its development, such landscape material may be used to meet the requirement of this zoning code.

(3) Interior requirements. Within interior vehicular use areas 10,000 square feet or greater in size, and for each additional 10,000 square foot unit or a proportional fraction thereof, a minimum total of 500 square feet of landscape area shall be provided, irrespective of the peripheral requirements. For individual parking lots with more than five parking spaces and less than 10,000 square feet in area, 5% of the vehicular use area, irrespective of the perimeter requirements, shall be devoted to landscape. Planting which is required for screening along peripheral areas of parking facilities shall not be considered as part of the interior coverage requirement.

(a) Required trees. A minimum of two trees, each a minimum size of 1-3/4 inches in trunk diameter, shall be provided for each 10,000 square foot unit of interior vehicular use area. The minimum distance from a tree to a vehicular use area shall be four feet measured from the face of the tree.

(b) Location of interior landscape area.

1. The interior landscape area and trees required for each 10,000 square foot vehicular use area unit, or fraction thereof, shall be located within that vehicular use area unit or fraction thereof. In areas where the Zoning Inspector has determined that the strict application of this section will interfere with the function of a vehicular use area, the unused portion of the required interior landscaping shall be relocated, upon recommendation by the Planning Commission, elsewhere on the property so as to emphasize a landscaping feature.

2. In order that there shall be safe access to parking spaces, landscaped strips shall be arranged so as to divide parking corridors and to limit cross movements through open parking spaces. The minimum width of any landscaped area shall be five feet.

(c) Credit for existing trees. If in the judgment of the Zoning Inspector it is deemed appropriate, credit may be received on the interior landscaping plan by preserving existing trees capable of tolerating adjacent construction. In order to maintain any tree deemed eligible for credit, 100% of the ground area under and within the drip line of the tree shall be preserved from the trunk out to the edge of the drip line and shall be maintained in either vegetative landscape material or pervious surface cover, except when the Zoning Inspector determines that lesser areas and other ground cover treatment will provide sufficient nourishment for the continued growth of the preserved type of tree. The required number of new trees may be reduced in accordance with the following schedule in exchange for preserving existing trees:

Diameter of Existing Crown Spread of Preserved Tree1	Diameter of Tree Trunk of Preserved Tree2	Number of Trees Credited
90 or greater	36 or greater	7
60 - 89	30 - 35	6
50 - 59	26 - 29	5
40 - 49	20 - 25	4
30 - 39	13 - 19	3
20 - 29	8 - 12	2
16 - 19	4 - 7	1
1 Rounded off to the nearest whole foot. 2 Measured at a height of four and one-half feet above the natural grade and rounded off to the nearest whole inch. Editor's note: The code user should interpret the first two columns in the table above as alternatives; for example, if either the diameter of existing crown spread of a preserved tree is 90 feet or if the diameter of tree trunk of a preserved tree is 35 inches or greater, then the number of trees credited will be 7.

(F) Drainage. All open off-street parking areas shall be provided with adequate drainage facilities as approved by the Municipal Engineer. This approval will not be required for off-street parking for single-family or two-family uses.

(G) Maintenance. All parts of open off-street parking areas which are landscaped shall be continuously maintained and kept in a well-manicured condition.

(H) Marking. Designated parking spaces shall be marked on the surface of the parking area with paint or permanent marking materials and maintained in clearly visible condition.

('80 Code, § 152.233) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

§ 152.234 UNITS OF MEASUREMENT FOR PARKING REQUIREMENTS.

For the purpose of determining off-street parking requirements, the following units of measurement shall apply:

(A) Floor area. Floor area for nonresidential purposes shall be the sum of the gross horizontal area of all the floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings.

(B) Hospital bassinets. In hospitals, bassinets shall not be counted as beds.

(1) Benches. In stadiums, sports areas, churches, and other places of assembly in which those in attendance occupy benches, pews, or other similar seating facilities, each 24 inches of such seating facilities shall be counted as one seat for the purpose of determining the off-street parking requirements of this zoning code.

(2) Fixed seats and assembly area. In cases where a place of assembly has both fixed seats and open assembly area, requirements shall be computed separately for each type and added together.

(D) Fractions. When units of measurement determining the number of required parking spaces result in requirement of a fractional space, any fraction up to 1/2 shall be disregarded and fractions of over and including 1/2 shall require one parking space.

('80 Code, § 152.234) (Ord. 94-14, passed 7-5-94)

§ 152.235 ADDITIONS TO BUILDINGS AND EXTENSIONS OF LAND USE.

(A) Requirement. Whenever any addition to a building or extension of land use results in an increase in the number of units used to measure required off-street parking spaces, and the addition or extension creates a need for an increase of more than 10% in the number of required off-street parking spaces, additional off-street parking shall be provided on the basis of the increase in the number of such units of measurement.

(B) Exception. In the case of additional dwelling units created by conversion of an existing dwelling, one off-street parking space shall be required for each additional dwelling unit so created.

('80 Code, § 152.235) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

§ 152.236 MIXED OCCUPANCIES AND USES NOT SPECIFIED.

In the cases of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Where a use is not specifically mentioned in § 152.231, the requirements for a use which is so mentioned and to which said use is similar shall apply. Off-street parking facilities for one use shall not be considered as providing requirements for any other use, except as specified for joint use.

('80 Code, § 152.236) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

§ 152.237 COLLECTIVE PARKING AREA PROVISION.

Nothing in §§ 152.230 through 152.236 shall be construed to prevent collective provision of off-street parking facilities for two or more buildings or uses, provided that the total of such off-street parking spaces supplied collectively shall not be less than the sum of the requirements for the various uses computed separately. However, the requirements set forth in § 152.232 (E) as to maximum distances between parking areas and establishments served shall apply to each establishment participating in the collective provisions of parking.

('80 Code, § 152.237) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999