Newburgh City Zoning Code
OFF-STREET PARKING
AND LOADING REQUIREMENTS
§ 157.180 SCOPE AND APPLICATION.
(A) Scope of regulations. The off-street parking and loading provisions of this subchapter shall apply as follows:
(1) For all buildings and structures erected and all uses of land established after the effective date of this subchapter, accessory parking and loading facilities shall be provided as required in this subchapter;
(2) When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, gross floor area, siting capacity or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use and for any existing deficiency in parking or loading facilities; and
(3) Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use.
(B) Existing parking and loading facilities. Accessory off-street parking and loading facilities in existence on the effective date of this subchapter and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than, shall not be further reduced below, the requirements for a similar new building or use under the provisions of this subchapter.
(C) Permissive parking and loading facilities. Nothing in the subchapter shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design and operation of such facilities are adhered to.
(D) Damage or destruction. For any conforming or legally nonconforming building or use which is in existence on the effective date of this subchapter, which subsequently thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or repaired, off-street parking or loading facilities need not be provided, except that parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this chapter for equivalent new uses or construction.
(E) Submission of plot plan. Any application for a improvement location permit, or for an occupancy certificate where no improvement location permit is required, shall include therewith a plot plan, drawn to scale and fully dimensioned, showing any off-street parking or loading facilities to be provided in compliance with this chapter.
(Ord. 1997-1, § 130.10(A), passed 1-22-1997)
§ 157.181 OFF-STREET PARKING.
(A) General requirements.
(1) Parking, requirements for legal nonconforming uses.
(a) All legal nonconforming uses in structures of 1,200 square feet or greater shall be required to provide parking at the rates applicable for the use as specified in this section.
(b) The Zoning Administrator shall confirm whether or not it is feasible for the owner or developer of such lots to provide all of the required parking spaces.
(c) His or her decision shall be based on the following:
1. Whether existing development on the lot leaves inadequate space for the required parking;
2. Whether the development standards set forth in this section, and elsewhere in the code of ordinances for any new development on the lot leave inadequate space on the lot to accommodate the required parking;
3. Whether the required number of parking spaces are available on other lots in accordance with this section; and
4. Whether additional land can be acquired to expand the lot to accommodate the required parking.
(d) If it is physically impossible to provide such parking the Zoning Administrator may waive the same or all of the required parking.
(2) Location of parking spaces.
(a) All parking spaces required to serve buildings or uses erected or established after the effective date of this subchapter shall be located on the same zoning lot as the building or use served, except that parking spaces to serve business, commercial, industrial and office buildings or uses may be located off lot if within 500 feet of such use if said parking spaces are located in a business, industrial or office district. If any parcel is located within 100 feet of, and but for the interpositions of a public street is contiguous with, a publicly maintained parking lot, the parking spaces in such lot may be counted to meet the parking space obligations of this subchapter with the permission of the Plan Commission.
(b) Buildings or uses existing on the effective date of this subchapter which are subsequently altered or enlarged so as to require the provision of parking spaces under this subchapter, may be served by parking facilities located on land other than the zoning lot on which the building or use served is located, provided such facilities are within 500 feet walking distance of a main entrance to the use served. Owners of property, nonconforming as to parking, who elect to provide parking and become conforming may locate such parking on land other than the zoning lot on which the building or use is located, as allowed in this section.
(3) Parking prohibited in required front and corner side yards. Off-street parking spaces, open to the sky, may be located in any yard except the required front yard or corner side yard. Enclosed building structures and carports containing off-street parking shall be subject to all applicable yard requirements.
(4) Control of off-street parking facilities.
(a) In cases where parking facilities are permitted on land other than the zoning lot on which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which the parking facilities are accessory.
(b) Private possession may be either by deed or long-term lease or contractual arrangement, the term of such lease or contractual arrangement to be determined by the Zoning Administrator; and such deed or lease shall be filed with the Zoning Administrator. The deed or lease shall require such owner or his or her heirs or assigns to maintain the required number of parking facilities for the duration of the use served or the deed or lease.
(5) Size of parking stalls. Except for parallel parking spaces, each required off-street parking space shall be at least nine feet in width and at least 17.5 feet in length, exclusive of access drives or aisles, ramps, columns or office or work areas. Such space shall have a vertical clearance of at least seven feet, and shall be measured at right angles to the axis of the vehicle. For parallel parking, the length of the parking space shall be increased to 22 feet. Compact car spaces, with minimum dimensions of eight feet by 16 feet may be substituted for a portion of the required spaces.
(6) Handicapped parking. Any parking area to be used by the general public shall provide parking spaces designated and located to adequately accommodate the handicapped, and these shall be clearly marked as such. The number of handicapped spaces shall conform to the schedule of parking requirements at § 157.183(B) and shall be located in close proximity to the principal building. The designation of handicapped parking stalls shall constitute consent by the property owner to the enforcement of the restriction of such spaces to handicapped motorists by the town.
(7) Access. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.
(8) Collective provision.
(a) Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than 90% of the separate requirements of each such use and all regulations governing location of accessory parking spaces in relation to the uses served are adhered to. Except for the following provisions, no parking space or portion thereof shall serve, or be counted as a required space for more than one use unless otherwise authorized by the Zoning Administrator.
(b) The Zoning Administrator may authorize a reduction in the total number of required parking spaces for two or more nonresidential uses jointly providing off street parking when their respective hours of operation do not normally overlap. Reduction of joint use parking shall be subject to the following conditions:
1. No more than 50% of the parking spaces required for a building or use may be supplied by parking facilities required for any other building or use;
2. The number of shared spaces for two or more distinguishable land uses shall be determined by mutual consent of the parties involved; and
3. The property owners involved in the joint use of off-street parking facilities shall submit a legal agreement approved by the Town Attorney guaranteeing that the parking spaces shall be maintained so long as the use requiring parking is in existence or unless the required parking is provided elsewhere in accordance with the provisions of this subchapter. Such instrument shall be recorded by the property owner with the (Warrick County Recorder) and a copy filed with the Zoning Administrator.
(9) Fractional space. When determination of the number of off-street parking spaces required by this subchapter results in a requirement of a fractional space, that fractional space may be disregarded. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing or both, on 90% of the premises at any one time.
(10) Utilization. Except as may otherwise be provided for the parking of trucks in the granting of special uses, required accessory off-street parking facilities shall be solely for the parking of passenger automobiles of patrons, occupants or employees of such uses.
(11) Design maintenance.
(a) Plan. The design of parking lots or areas shall be subject to the approval of the Zoning Administrator.
(b) Character. Accessory parking spaces may be open to the sky, or enclosed in a building,
(c) Surfacing. All open off-street parking areas, shall be surfaced with a hard surface material.
(d) Landscaping and screening. Screening and landscaping of off-street parking areas shall be provided pursuant to the requirements of § 157.065.
(e) Lighting. Any lighting used to illuminate off-street parking areas shall be designed and equipped to cast light down from the fixture head, away from residential properties and public streets in such a way as not to cause glare. However, in no case shall such lighting exceed three footcandles measured at the lot line.
(B) Specific requirements.
(1) All off-street parking spaces hereinafter required by this subchapter, except those required for one- and two-family dwellings, shall be designed in accordance with one of the formula set forth in the off-street parking schedule, § 157.183. Off-street parking spaces shall be provided in accordance with the classes as hereinafter set forth in the off-street parking schedule. Parking spaces for accessory uses not specifically enumerated within a parking class shall be assumed to be included in the principal (permitted or special) use requirement. If, for any reason the classification of any use, for the purpose of determining the amount of off-street, parking or the number of spaces to be provided by such use is not readily determinable hereunder, the parking class of such use shall be established by the Zoning Administrator.
(2) The calculation of parking spaces for a given business shall always include one space for each vehicle owned by the business.
(3) When computing required parking spaces, the total number of required spaces shall be based upon use(s) of the zoning lot or portion thereof. Therefore, one principal use may actually contain two or more parking class uses (e.g., retail sales and warehousing).
(C) Bicycle parking facilities. Bicycle parking facilities are recommended to be a stationary bicycle storage rack designed to secure the frame and one of the wheels of the bicycle where the bicyclist provides only the locking mechanism.
(Ord. 1997-1, § 130.10(B), passed 1-22-1997)
§ 157.182 OFF-STREET LOADING.
(A) Location. All required loading berths shall be located on the same zoning lot as the use served. All motor vehicle loading berths which abut a residence district or an intervening alley separating a residence district from a business or industrial district shall be completely screened therefrom by building walls or by a uniformly painted, solid fence, wall or door, and/or according to the provisions of screening loading areas as specified in § 157.065. No permitted or required loading berth shall be located within 30 feet of the nearest point of intersection of any two streets. No loading berth shall be located in a required front or side yard where berths would abut a residence district. Any loading berth located in a required rear yard may be open to the sky.
(B) Size. Unless otherwise specified, a required off-street loading berth shall be at least 12 feet in width by at least 30 feet in length for short berths, and 12 feet in width by at least 50 feet in length for long berths exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 15 feet. Maneuvering aprons for short berths shall be at least 35 feet and for long berths shall be at least 60 feet. Access lanes for short berths shall be 12 feet in width for one-way lanes and 22 feet in width for two-way lanes. For long berths, access lanes shall be 14 feet in width for one-way lanes and 24 feet in width for two-way lanes. Space dedicated for access lanes may also be considered as space for the maneuvering apron.
(C) Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, separated from customer and/or employee parking, and shall be subject to approval by the Zoning Administrator.
(D) Surfacing. All open off-street loading berths shall be surfaced with bituminous, concrete or an equivalent dust-free surface.
(E) Utilization. Space allocated to any off-street loading use shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
(F) Central loading. Central loading facilities may be substituted for loading berths on the individual zoning lots provided the following conditions are fulfilled:
(1) Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at-grade;
(2) Total off-street loading berths provided shall meet the minimum requirements herein specified, based on the use of the several types of uses served. (Area of types of uses may be totaled before computing number of loading berths);
(3) No zoning lot served shall be more than 500 feet removed from the central loading area; and
(4) The tunnel or ramp connecting the central loading area with the zoning lot served shall be not less than seven feet in width and have a clearance of not less than seven feet.
(G) Minimum facilities. Uses for which off-street loading facilities are required herein, but which are located in buildings of less floor area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities, accessible by motor vehicle off any adjacent alley, service drive or open space on the same zoning lot.
(Ord. 1997-1, § 130.10(C), passed 1-22-1997)
§ 157.183 SPECIFIC REQUIREMENTS.
The specific requirements for off-street loading areas are set for in the following schedule:
Schedule of Parking Requirements
|
Schedule of Parking Requirements
| |
Business | |
Auto service | 1 space per employee plus 2 spaces per service bay |
Banquet hall, reception hall, conference center, event facility | 1 space per 250 sq. ft. gross floor area |
Car wash | 4 space per bay or stall plus 1 space per employee plus 6 stacking for automated facility |
Drive through facility | 5 stacking spaces for the first window, plus 2 stacking spaces for each additional window in addition to the parking required for that specific land use |
Durable goods, furniture, appliances and the like | 2 spaces per 1,000 sq. ft. gross floor area |
Eating/drinking | 16 spaces per 1,000 feet gross floor area |
Retail, freestanding and shopping center under 55,000 sq. ft. GLA | 4 space per 1,000 sq. ft. gross floor area |
Shopping center over 55,000 sq. ft. GLA | 5 spaces per 1,000 sq. ft. gross floor area |
Wholesale | 1 space per 1,000 sq. ft. gross floor area for the first 10,000 sq. ft., plus 1 per 2,000 sq. ft. gross floor area for the remaining space, plus 1 space for each vehicle used in the conduct of the business. Office area parking shall be calculated separately based on office parking rates |
Culture/Entertainment | |
Amusement establishment | 1 space per 3 persons capacity plus 1 space per employee |
Arena/stadium | 1 space per 4 seats plus 1 space per 2 employees |
Bowling alley | 5 spaces per lane |
Club/lodge | 4 spaces per 1,000 sq. ft. gross floor area |
Cultural institution | 1 space per 300 sq. ft. gross floor area |
Golf course | 60 spaces per nine holes plus 1 space per 2 employees |
Swimming pool or natatorium | 1 space per 6 persons at capacity plus 1 space per employee |
Tennis club | 3 spaces per court |
Theater | 1 space per 2 seats plus 1 space per 2 employees |
Industrial | |
Manufacturing, utility, research and development | 1 space per 1.5 employees plus 1 space per company vehicle |
Warehouse | 1 space per 1,000 sq. ft. of gross floor area for the first 20,000 sq. ft. plus 1 space per 2,000 sq. ft. for the second 20,000 sq. ft. to 40,000 sq. ft. gross floor area, plus 1 space per 4,000 sq. ft. for building area above 40,000 sq. ft. gross floor area |
Residential | |
Apartment hotel/bed and breakfast | 1 space per unit |
Boarding house | 1 space per bedroom plus 1 space per manager, employee |
Convalescent home nursing home | 1 space per 4 residents plus 1 space per employee |
Elderly housing | 1 space per four units plus 1 space per employee |
Hotel/motel | 1 space per guest room plus 1 space per employee |
Mobile home park | 1.5 spaces per unit |
Multi-family | 1.5 spaces per unit |
Single-family | 2 spaces per unit for all single-family constructed after the date of adoption of this subchapter; structures built prior to the date of adoption of this subchapter shall be required to have 1 off-street parking space |
Two-family | 1.5 spaces per unit |
Services and Institutions | |
Cemetery/undertaking | 1 space per four seats in parlor plus 1 space per 2 employees plus 1 space per vehicle used in connection with the enterprise |
Financial/civic building | 4 spaces per 1,000 sq. ft. gross floor area |
Gym/health club | 5 spaces per 1,000 sq. ft. gross floor area |
Hospital/sanitarium | 1 space per 2 beds plus 1.5 spaces per one emergency room bed plus one space per employee |
Medical/dental | 6 spaces per practitioner plus 1 per employee |
Office business and professional | 3 spaces per 1,000 sq. ft. gross floor area |
Personal services (tailor, shoe repair, barber/beauty shop, tanning spa, dry cleaners) | 3 spaces per 1,000 sq. ft. gross floor area |
Radio | 1 space per employee |
Religious institution | 1 space per 3 seats |
Schools and Libraries | |
College/university | 1 space per 2 employees plus 1 space per 4 students |
Dance/music/vocational/trade | 1 space per employee plus 2 spaces for each 3 students based on the maximum number of students attending classes on the premises at any one time |
Day care/nursery | 4 spaces per 1,000 sq. ft. of gross floor area |
K–10th grades | 1 space per employee plus 4 spaces for visitors |
Library | 3 spaces per 1,000 sq. ft. of gross floor area |
Senior high school | 1 space per employee plus one space per 8 students |
Handicapped Parking Stall Requirements | |
Parking stall requirements shall conform to the Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq., regulations. | |
SCHEDULE OF OFF-STREET LOADING REQUIREMENTS | ||
Use | Gross Floor Area (sq. ft.)** | No. of Berths and Size* |
SCHEDULE OF OFF-STREET LOADING REQUIREMENTS | ||
Use | Gross Floor Area (sq. ft.)** | No. of Berths and Size* |
Residential | ||
Hotel, motel, dormitory, fraternity, convalescent or nursing home and elderly housing | 10,000—100,000 | 1 short |
Each additional 100,000 | 1 short | |
Multi-family | 30,000—100,000 | 1 short |
Commercial | ||
Personal services, restaurants | 500—10,000 | 1 short |
10,000—25,000 | 2 short | |
25,000—40,000 | 2 long | |
40,000—100,000 | 3 long | |
Each additional 200,000 | 1 long | |
Retail, wholesale | 5,000—10,000 | 1 short |
Services and Institutions | ||
Banks, civic buildings, offices, business services | 10,000—100,000 | 1 short |
Each additional 100,000 | 1 short | |
Up to 500,000 | 1 short | |
Each additional 500,000 | 1 short | |
Hospitals | 10,000—100,000 | 1 short |
Each additional 100,000 | 1 short | |
Schools | ||
Elementary, secondary, college or university | 10,000—100,000 | 1 short |
Each additional 100,000 | 1 short | |
Culture/Entertainment | ||
Arena, stadium, auditorium, convention hall, amusement establishment | 10,000—20,000 | 1 short |
20,000- 100,000 | 1 long | |
Each additional 100,000 | 1 long | |
Theater | 10,000—25,000 | 1 short |
Each additional 50,000 | 1 short | |
Industrial | ||
Air/bus/rail, utilities, TV and radio stations | 10,000—40,000 | 1 short |
40,000—100,000 | 1 long, 1 short | |
Each additional 100,000 | 1 long | |
Cartage and freight facility | 5,000—40,000 | 1 long |
40,000—100,000 | 2 long | |
Each additional 100,000 | 1 long | |
Manufacturing, warehousing and research and development | 5,000—10,000 | 1 short |
10,000—40,000 | 1 long | |
40,000—100,000 | 2 long | |
Each additional 100,000 | 1 long | |
* Berth (loading dock) dimensions | Short | Long |
10 ft. wide x 35 ft. deep | 12 ft. wide x 50 ft. deep | |
** Gross floor area refer to buildings or structures on premises | ||
(Ord. 1997-1, § 130.10(D), passed 1-22-1997; Ord. 2019-04, passed - -2019)