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Newark City Zoning Code

ARTICLE XIV

OFF-STREET PARKING AND LOADING REQUIREMENTS4


Footnotes:
--- (4) ---

Cross reference—Design Requirements for Parking Lots in Subdivisions, Ch. 27, App. II.


Sec. 32-45.- Off-street parking requirements.

(a)

All uses permitted under this zoning chapter shall be subject to the following minimum off-street parking requirements in addition to any special requirements contained in each zoning district.

(1)

For all zoning districts, except for the BB zoning district of this chapter, refer to Table 1.

Table 1:

Type of Uses Standards
Retail stores, all types; supermarkets; adult bookstores/entertainment centers; department stores One off-street parking space per 200 square feet of floor area used or designed for sales on ground floor, plus one off-street parking space per 300 square feet of floor area used or designed for sales on all other floors, plus one off-street parking space for each employee.
New and used car and boat sales, mobile dwelling unit sales, truck and trailer sale, outdoor equipment and machinery sales, commercial nurseries Four off-street parking spaces per salesperson, plus one off-street parking space per two other employees during period of greatest employment.
Furniture and appliance stores One off-street parking space per 400 square feet of floor area devoted to sales.
Personal service establishments One off-street parking space per 200 square feet of gross floor area.
Undertakers One off-street parking space per 60 square feet of floor area available for seating accommodations, plus one per employee.
Banks and other financial institutions One off-street space per 200 square feet of gross floor area, plus one space for each employee.
Hotels and motels One off-street parking space for each guest room, plus one off-street parking space for each employee.
Bowling establishments Five off-street parking spaces for each alley plus one for each employee.
Business, governmental and professional offices; instructional business; trade schools; and, studios One off-street parking space per 300 square feet of gross floor area.
Medical and dental offices One off-street parking space per 200 square feet of gross floor area.
Churches One off-street parking space per five seats or one off-street parking space per 90 lineal inches of pew space.
Indoor recreation and commercial outdoor recreation; swimming club, private One off-street parking space for each 150 square feet of gross floor, building, or ground area devoted to such use or one off-street parking space per four seats of facilities available for patron use, whichever is applicable to the facility.
Drive-in or curb service establishment 25 off-street parking spaces minimum, plus one off-street parking space for each 150 square feet of gross floor area.
Restaurants and diners One off-street parking space per three seating accommodations, plus one off-street parking space per employee on shift of greatest employment.
Dwellings - Affordable using Tax Increment Financing and/or Low Income Housing Tax Credits - one family, garden apartment, duplex, high-rise apartment, or group home No minimum parking requirement.
Dwelling, one family Two off-street parking spaces per dwelling unit. See Section 32-47(j), "Existing Single Family Type Rental Dwellings."
Dwelling, garden apartment, duplex, high-rise apartment, or group housing Two off-street parking spaces per dwelling unit, plus one additional off-street parking space for each dwelling unit with more than three bedrooms.
Dormitory One off-street parking space per one and five-tenths residents.
Rooming and boarding house One off-street parking space per roomer or boarder, in addition to normal requirements for the dwelling unit.
Nursing home, convalescent home, rest home, sanitorium One off-street parking space per four patient beds, plus one off-street parking space per employee on the shift of greatest employment.
Automobile/vehicle refueling service station or public garage One off-street parking space per 1,000 square feet of lot area, plus one off-street parking space per employee during period of greatest employment. Exception: If automobile services are limited to the sale of fuel, oil, and minor accessories with no repairs performed on site and a retail food store is present, parking may be provided in conformance with the "retail store, all types" standard.
Railroad passenger stations or bus terminal One off-street parking space per four seating accommodations for waiting passengers, plus on off-street parking space per employee on the shift of greatest employment.
Hospital Two off-streets parking spaces per three beds intended for patients (except bassinets or beds in student nurses' quarters), plus one off-street parking space per medical staff member, plus one off-street parking space per employee on the shift of greatest employment.
Museum and art gallery, and similar uses One off-street parking space per four seats in rooms for public assembly or for each 150 square feet of gross floor area for use by the public, whichever is greater, plus one off-street parking space for each employee on shift of the greatest employment.
Public library One off-street parking space per 400 square feet of gross floor area for public use, plus one off-street parking space per employee on the shift with the greatest employment.
Fire station 25 off-street parking spaces.
Auditorium, stadium, assembly hall, gymnasium, theatre (excluding drive-in), community recreation center One off-street parking space per four fixed seats in largest assembly room area or for each 40 square feet of floor area available for the accommodation of movable seats in the largest assembly room, or one off-street parking space per 150 square feet of gross floor area, whichever is applicable to the facility.
Social club, fraternal, social service, union, and civic organization building One off-street parking space per adult attendant, plus one off-street parking space per 500 square feet gross floor area devoted to such uses.
Public or private school Three off-street parking spaces per room used for administrative offices, plus one off-street parking space per room used for class instruction, plus one off-street parking space for each five seats in auditorium and other places of assembly or facility available to the public.
Post office One off-street parking space per 200 square feet of gross floor area devoted to patron use, plus two off-street parking spaces per three employees on the shift of greatest employment.
Industrial, manufacturing, wholesaling establishment, microbrewery, or craft distillery One off-street parking space per two employees on the shift of greatest employment, plus one off-street parking space per 200 square feet of floor area devoted to on or off premises sales, serving and consumption of alcoholic beverages on premises. If a microbrewery or craft distillery is located in a shopping center, the shopping center parking standard applies.
Bakery-restaurant One off-street parking space per three seating accommodations, plus one off-street parking space per 200 square feet of floor used or designed for sales excluding the floor area of tables, benches, service counters, and all other seating facilities, plus one off-street parking space per employee on the shift of greatest employment.
Dwelling, adult community garden apartments One and one-half parking spaces per rental dwelling; two spaces per owner-occupied dwelling.
Dwelling, adult community high-rise apartments One parking space per rental dwelling; one and one-half spaces per owner-occupied dwelling.
Shopping centers Four spaces per 1,000 square feet of gross floor area.

 

(2)

For the BB zoning district, refer to Table 2. A parking plan option may be substituted in the BB zoning district as provided in Section 32-45(b) of this chapter.

Table 2:

Type of uses Standards
Non-residential uses provided under Section 32-1—BB (Central business district) Two spaces per 1,000 square feet of gross floor area.
Residential uses provided under Section 32-18—BB (Central business district) One off-street parking space per dwelling unit, plus one additional off-street parking space for each dwelling unit with more than three bedrooms. Site plans submitted and approved after the adoption of this ordinance shall specify in a rental/lease addendum or in a separate parking agreement, the amount of any parking fee separated from the cost of renting the residential unit. A tenant may elect not to rent or lease parking when renting or leasing a unit, in which case the tenant is not required to sign a rental agreement addendum or a separate parking agreement that requires the tenant to pay a fee.
Residential uses provided under Section 32-18—BB (Central business district) for affordable dwellings using Tax Increment Financing and/or Low Income Housing Tax Credits No minimum parking requirement.

 

(b)

BB central business district off-street parking option.

(1)

The off-street parking standards in Section 32-45(a)(2) may be reduced or waived for any permitted use in BB, Section 32-18, requiring a certificate of occupancy, with the approval of the planning commission.

(2)

In reviewing the applications for reductions in off-street parking standards, the planning commission shall consider:

a.

Whether the applicant has demonstrated that the proposed use does not conflict with the purposes of the comprehensive development plan of the city;

b.

Whether the applicant has demonstrated that the proposed use conforms to and is in harmony with the character and development pattern of the central business district;

c.

Whether the applicant has demonstrated that the proposed use is not highway oriented in character or significantly dependent on automobile or truck traffic as a primary means of conducting business;

d.

If the proposed use will not adversely affect the health or safety of persons residing or working in the vicinity, will be detrimental to the public welfare, or injurious to property or improvements in the vicinity;

e.

The planning commission may also consider the availability of off-street parking facilities, the availability of nearby adjacent public parking facilities (within 500 feet) that may be shared by the applicant, and an existing or proposed use. In considering this subsection, the planning commission may require that the applicant submit an appropriate deed restriction, satisfactory to the city, that ensures either the continued validation of and/or the continued use of shared parking spaces in connection with the uses and structures they serve; and

f.

The planning commission shall consider the advice and recommendation of the planning director.

(3)

Property owners, land developers, or other land users of BB zoned property, may apply at their option to the planning department for the off-street parking standard waiver as specified herein by submitting the following:

a.

A letter, statement, or report from the owner, or land developer, requesting the off-street parking standard reduction, including the applicant's evaluation of the proposed reduction in terms of the conditions to be reviewed by the planning commission stated herein.

b.

15 copies of a site plan showing the existing and proposed use and building, existing and proposed off-street parking, and adjacent or nearby to-be-shared or utilized public or private off-street parking facilities, bearing the certificate, signature, and seal of a Delaware registered engineer or land surveyor. The plan shall conform to all other related zoning code, subdivision and development regulations, and municipal code requirements.

c.

15 copies of an area map showing the location of the proposed use and its relationship to adjoining properties.

d.

The applicant shall submit an application fee as indicated in subsection 32-3.1(a)(5)a.

(4)

The planning commission shall hold a public hearing to consider the proposed off-street parking standard reduction. The planning commission shall approve, approve with conditions, or disapprove the application.

(5)

An applicant may choose to appeal the planning commission's decision on a parking waiver. Appeals must be filed with the city secretary within 30 days. In reviewing an appeal, council shall consider the criteria established in Section 32-45(b)(2) herein.

(6)

The mayor or a member of the council may request the council review, modify, or deny the planning commission's decision on a parking waiver. Requests for review must be filed with the city secretary within 45 days of the planning commission's decision on the subject application. In reviewing the planning commission's action, the council shall consider the criteria established in Section 32-45(b)(2) herein.

(7)

Applications for off-street parking standard reductions may be considered in conjunction with applications for rezonings and subdivision approval.

(8)

If a parking waiver application is denied by council, no application for a parking waiver for the same property can be considered for a period of two years from the date of final determination by the city unless four council members vote in favor of allowing a new application to be considered during such a time period. Council shall include as part of the reconsideration motion whether the subject application shall be reviewed first by the planning commission or just by council. This amending/clarifying language is retroactive to parking waiver applications considered two years prior to the adoption of this amending/clarifying language.

(9)

Required parking waiver in lieu of spaces payments. Applicants receiving off-street parking standard reductions shall be required to pay to the city a fee in lieu of the required spaces subject to the following:

a.

Payments shall be assessed for a percentage of the cost of construction of a parking space in a parking structure.

b.

The cost of each space is established in Section 32-3.1(5)(b), Schedule of Fees, Parking Waiver.

c.

The required fee for each use category shall be based on the following fee schedule:

   FEE SCHEDULE FOR REQUIRED SPACES

Parking space standard reduction Cost of construction
First five spaces 25 percent
Six to 10 spaces 75 percent
Each space over 10 100 percent

 

d.

The cost of a parking space shall be computed by using the fee schedule in Section 32-45(b)(9). The planning and development department may also include in its report to the planning commission, applicant's in-kind services, land donations, granting of easements or rights-of-way, or similar parking improvement activities that the commission may consider in assessing the payments required [in] this Section.

(Ord. No. 70-30, Art. XIV, § 1, 7-21-70; Ord. No. 74-7, 2-25-74; Ord. No. 76-10, Amend. No. 2, 3-1-76; Ord. No. 76-22, Amend. No. 5, 5-10-76; Ord. No. 77-51, Amend. No. 2, 10-24-77; Ord. No. 78-33, Amend. No. 17, 9-11-78; Ord. No. 79-37, Amend. No. 1, 8-27-79; Ord. No. 86-20, Amend Nos. 1—3, 4-28-86; Ord. No. 89-28, Amend. No. 1, 8-14-89; Ord. No. 91-14, Amend. No. 6, 3-25-91; Ord. No. 95-16, Amend. No. 2, 7-10-95; Ord. No. 97-21, Amend. No. 2, 8-25-97; Ord. No. 00-8, Amend. No. 2, 4-24-00; Ord. No. 00-17, Amend. No. 1, 6-26-00; Ord. No. 02-21, Amend. No. 4, 9-23-02; Ord. No. 02-22, Amend. No. 4, 9-23-02; Ord. No. 06-02, Amend. No. 1, 1-9-06; Ord. No. 08-11, Amend. No. 1, 6-9-08; Ord. No. 09-31, Amend. No. 1, 12-14-09; Ord. No. 17-04, Amend. No. 5, 2-13-17; Ord. No. 17-05, Amend. No. 4, 2-13-17; Ord. No. 21-24, Amend. Nos. 1—3, 8-9-21; Ord. No. 22-25, §§ 2—4, 12-12-22; Ord. No. 23-08, Amend. Nos. 3, 4, 5-22-23; Ord. No. 23-13, Amend No. 1, 8-28-23)

Sec. 32-46. - Loading spaces.

(a)

No building or structure shall be erected in any district for the uses listed below unless loading space for the accommodation of trucks is provided on the premises in accordance with the following regulations:

(1)

For retail stores, markets, wholesale and jobbing establishments, and storage warehouses, the number of berths based on the gross floor area devoted to such use shall be as follows:

5,000 to 8,000 square feet of floor area ..... 1 berth

8,000 to 20,000 square feet of floor area ..... 2 berths

Each additional 20,000 square feet or major
fraction thereof up to a maximum of 60,000
square feet of floor area ..... 1 additional berth

(2)

For office buildings, high-rise apartments, and hotels, the number of berths based on the gross floor area devoted to such uses shall be as follows:

8,000 to 20,000 square feet of floor area ..... 1 berth

Each additional 50,000 square feet or
major fraction thereof up to a maximum
of 120,000 square feet of floor area ..... 1 additional berth

Each high-rise apartment building ..... 1 berth

(3)

Each manufacturing, office research and industrial establishment with a total of 5,000 square feet or more of gross floor area devoted to manufacturing, office research and/or industrial uses shall provide loading space adequate to accommodate the normal demands for loading and unloading incidental to the type of use proposed on the premises. A statement outlining these demands and a plan showing the location on the lot of the space to be provided shall accompany the application for a certificate of occupancy. No such certificate shall be issued unless the required loading space shall have been provided in accordance with that designated on the approved plan.

(Ord. No. 70-31, Art. XIV, § 2, 7-21-70)

Sec. 32-47. - General provisions.

(a)

Parking spaces in driveways. Driveways shall be considered as constituting off-street parking space for one-family dwellings in residential districts, provided that sufficient space is available in such driveways to meet the requirements of this article.

(b)

Location of parking space. Parking spaces shall be located so no spaces are a greater distance than 600 feet from the building to which they are assigned; except for uses located within BB districts, where no parking spaces shall be located a greater distance than 500 feet from the building or use to which they are assigned. The distance between land uses and spaces shall be measured on a straight line between the nearest points of the lots involved. The consent of the owner of the property on which off-premises parking spaces are located must be provided in writing, indicating the continued availability of such parking spaces. In addition, all off-premises parking shall be appropriately signed indicating the building and/or land uses to which the spaces are available.

(c)

Parking spaces assigned to more than one use. Parking spaces for separate buildings or uses, except in shopping centers as defined herein, satisfying the location requirement of Section 32-47(b), may be combined in a single lot provided the number of parking spaces in the lot shall equal the sum of the parking spaces required for each building and use; except that the parking spaces required for places of assembly may include parking spaces assigned to other use provided that the place of assembly shall not be used at a time when the other uses are carried on.

(d)

Barriers required. Barriers shall be erected on all parking lots; the barriers to be so designed and located to prevent parked vehicles from extending beyond property lines.

(e)

Parking lot and garage maintenance. Ground cover, shrubs and trees shall be located and maintained so as not to interfere with vehicular and pedestrian traffic on the property or with sight clearance at entrances and exits.

(f)

Fractional space. When the application of a unit of measurement for parking space or loading space to a particular use of structure results in a fractional space, any fraction under one-half shall be disregarded and fractions of one-half or over shall be counted as one parking space or loading space.

(g)

Boat and trailer parking. In any residential district, no house trailer, camper, boat or boat trailer shall be parked within the front yard. Parking of such campers, trailers or boats is allowed in the rear yard five feet from the property line and in the side yard three feet from the property line, provided it does not take up the space normally occupied by a car.

(h)

In a BB district parking may be allowed within the front or side areas of any lot provided all other requirements of this chapter are met.

(i)

Design of parking spaces. Each parking space shall be nine feet by 18 feet (162 square feet in area). Paved parking spaces shall be delineated with paint or other markings acceptable to the directors of the public works and building departments. Exceptions to this design requirement are permitted as follows:

(1)

Property owners, land developers, or land users of any parcels in the BB (central business district) zoning district may install off-street spaces with modified designs with planning commission approval as per the requirements of Sections 32-45(b), Parking plan option.

(j)

Existing single family type rental dwellings. Two off-street parking spaces shall be required per unit for every nonowner occupant, one-family and/or two-family dwelling type structure converted for the taking of boarders and roomers as permitted in this chapter and requiring rental permits as specified in Chapter 17, Housing and Property Maintenance, Code of the City of Newark, Delaware; except that any owner-occupant of such dwellings may use their structure for rental purposes, including the taking of boarders and roomers, on a temporary and nonrenewable basis, not to exceed one year, upon the submission of a signed affidavit to the building department verifying the owner occupant's temporary relocation from the dwelling as a result of a sabbatical leave, military service, business transfer, or similar temporary requirement to convert the dwelling from owner-occupant to nonowner-occupant status; rental permits, as specified in Chapter 17 of this code, shall be required for any such temporarily converted units. This subsection to take effect July 1, 1990.

(Ord. No. 70-31, Art. XIV, Amend. No. 3, 7-21-70; Ord. No. 73-26, 6-11-73; Ord. No. 78-33, Amend. No. 18, 9-11-78; Ord. No. 79-37, Amend. No. 2, 8-27-79; Ord. No. 80-35, Amend. No. 2, 6-23-80; Ord. No. 80-47, Amend. No. 5, 8-25-80; Ord. No. 83-24, Amend. No. 1, 11-14-83; Ord. No. 88-32, Amend. Nos. 4, 5, 10-24-88; Ord. No. 89-28, Amend. No. 2, 8-14-89; Ord. No. 92-1, 1-13-92; Ord. No. 97-21, Amend. No. 3, 8-25-97; Ord. No. 00-8, Amend. No. 1, 4-24-00)