Orleans City Zoning Code
ARTICLE VIII
Parking and Loading Regulations
§ 164-8.1 Off-Street Parking Regulations.
A.
General Provisions.
(1)
Off-street parking space shall be provided as specified in this chapter and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner. All parking areas, passageways and driveways, except when provided in connection with one-family residences, shall be surfaced with a dustless, durable, all-weather pavement clearly marked for car spaces and shall be adequately drained, all subject to the approval of the Building Commissioner. An area of 300 square feet of appropriate dimensions for the parking of an automobile, including maneuvering area and aisles, shall be considered as 1 off-street parking space. Designated parking spaces shall not be less than 10 feet in width. Except in the VC District, in no case shall a driveway, maneuvering area, aisle or parking space, except a loading or service area, be closer than 10 feet to a building in any business district. Said 10-foot setback area is to be used only for green area and pedestrian walkways, raised or lowered or otherwise protected. Landscaping consisting of attractive trees, shrubs, plants and grass lawns shall be required and planted in accordance with the site plans. Special buffer planting shall be provided along the side and rear property lines so as to provide protection to adjacent properties when such lot lines abut residential districts or uses.
(2)
None of the off-street parking facilities that are required in this chapter shall be required for any existing building or use unless said building or use shall be enlarged, in which case the provisions of this chapter shall apply only to the enlarged portion of the building or use. Authorization by the Select Board, acting on the advice of the Highway Surveyor, is required for all curb cuts. A site plan shall be filed with the building permit application where off-street parking facilities are required or permitted under the provisions of this chapter in connection with the use or uses for which application is being made.
(3)
No off-street parking area, loading area or driveway, except those serving one- or two-family residences, shall be located closer than 10 feet to any lot or street line, except as provided below. Such 10-foot setback shall be considered a green area. These buffer areas may be crossed by appropriate driveways and walkways as shown on the site plan. However, driveways crossing said buffer areas shall cross at right angles only. In addition, the requirement for setback may be waived by the Building Commissioner in consultation with the Planning Board for the purpose of establishing common parking areas for 2 or more businesses or other reasons, provided that an equivalent buffer area is provided and designated elsewhere on the site plan.
(4)
The collective provision of off-street parking area by 2 or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned or leased by 1 or more of the collective users. In the VC District, parking requirements may be satisfied through paying an annual access fee to the town in lieu of providing some or all of the required on-site parking spaces. The access fee per space shall equal $500, indexed to the United States Cost of Living Index subsequent to 1985. No permit for construction or occupancy shall be approved if relying on access fees to satisfy parking requirements, and no access fees shall be charged on previously permitted premises unless town appropriations and authorizations for acquisition and/or construction of off-street parking exceed the total of access fees charged or scheduled to be charged, summing both fees and appropriations and authorizations from fiscal year 1986 to the time in question.
B.
Number of Spaces.
(1)
Performance requirement. Off-street parking must be provided to service the net increase in parking demand created by new construction, additions or change of use. Buildings, structures and land uses in existence on May 4, 1981, are not subject to these requirements so long as they are not enlarged or changed to increase their parking needs. A site plan shall be filed with any permit or Special Permit application involving or requiring parking, identifying individual spaces, access lanes and egress.
Notwithstanding anything contained herein to the contrary any addition or alteration or change in use of an existing building, structure or use of land which is in compliance with this chapter, that results in an increase in required off-street parking of less than 6 spaces, shall not be required to provide those spaces. If an increase of 6 or more spaces is required, all of the spaces must be provided.
New Construction for the purposes of paragraph B(1) shall include alterations of existing buildings or structures, or the construction of any new building or structure, and the establishment of the use thereof.
(2)
The standards below must be met for new construction and for any increase in parking demand created by additions, alterations, or changes of use if the proposed additions or changes of use would require an increase of 6 or more parking places.
Existing parking places may be used to fulfill parking requirements for new construction, additions, alterations, or changes of use only if those spaces are in excess of the number required for the existing building's use according to current parking requirements and regardless of requirements in effect at the time those spaces were created. For mixed uses, the requirements for each use are added together, e.g. for a motel and a restaurant on the same premises, the parking requirement for rooms and the parking requirement for the restaurant are added together.
(3)
Shared Parking.
The required number of spaces may be reduced below these standards upon determination that special circumstances, such as shared use of a parking lot by activities having different peak demand times, render a lesser provision adequate for all parking needs. Such written determination may be made by the Building Commissioner for up to 20% reduction of the required number of parking spaces. The Planning Board shall consult with and advise the Building Commissioner if it is requested.
Parking space reduction of greater than 20% shall require a Special Permit from the Zoning Board of Appeals, pursuant to § 164-11.4.
§ 164-8.2 Minimum Parking Requirements.
A.
When the computation of required parking or loading spaces results in the requirement of a fractional space, any fraction of one-half or more shall require 1 space.
B.
Table of Minimum Parking Requirements.
Residential | |
|---|---|
Type of Use | Required Number of Spaces |
Dwelling unit | 1 space per dwelling unit |
Accessory dwellings, Bed and breakfast | The required number of spaces will be determined by the Building Commissioner or Zoning Board of Appeals |
Guest house | 1 space per bedroom |
Congregate housing | 1 space per bedroom |
BUSINESS, COMMERCIAL AND INDUSTRIAL | |
|---|---|
Type of Use | Required Number of Spaces |
Hotel, motel guest unit | 1 space per sleeping room |
Nursing home | 1 space per 4 beds |
Professional and business offices, including banks, insurance and real estate | 1 space per each 300 square feet of gross floor area |
Commercial and retail service establishments | 1 space per each 250 square feet of gross floor area |
Medical/dental office/clinic | 3.5 spaces per examining room |
Restaurant, Tavern | 1 space for every 4 seats, 1 additional space for every 2 employees on the largest shift |
Funeral Parlors | Parking spaces adequate to accommodate all normal demand shall be provided as determined by the Building Commissioner after consultation with the Planning Board |
Automobile or boat retail and service establishment, and other retail and service establishments involving extensive display areas, either indoor or outdoor, in relation to customer traffic | 1 space per 800 square feet of gross floor area. In the case of outdoor display areas, 1 space for each 1,000 square feet of lot area |
Warehouse or storage facility | 1 space per 3,000 square feet of gross floor area and/or 1 space for each person employed on the largest shift, whichever is more |
Manufacturing or industrial establishment | 1 space for each person employed on the largest shift. |
Indoor place of assembly with seating including theaters, auditoriums, assembly halls, arenas and convention centers | 1 space for every 4 seats |
Indoor place of assembly without seats, including libraries, museums, art galleries, convention centers, recreation and membership clubs, skating rinks or other places of amusement | 1 space per each 300 square feet of gross floor area or parking spaces to accommodate normal demand as determined by the Building Commissioner following consultation with the Planning Board |
Day care, nursery school | 1 space per 2 employees and 1 space per 6 students |
Bowling alley or tennis court | 1.5 spaces per lane, 2 spaces per court |
Marina | Parking spaces adequate to accommodate all normal demand of occupants, employees, members, customers, clients and visitors to the premises shall be provided as determined by the Building Commissioner after consultation with the Planning Board |
Laundromat | 1 space per 2 machines |
Kennels, veterinary establishments; All other commercial or industrial uses not listed | Parking spaces adequate to accommodate all normal demand of occupants, employees, members, customers, clients and visitors to the premises shall be provided as determined by the Building Commissioner after consultation with the Planning Board |
GOVERNMENT, INSTITUTIONAL AND PUBLIC SERVICES USES | |
|---|---|
Type of Use | Required Number of Spaces |
Indoor place of assembly with seating including theaters, auditoriums, assembly hall, churches, arenas and convention centers | 1 space for every 4 seats |
Indoor place of assembly without seats, including libraries, museums, art galleries, government buildings, recreation and community centers, membership clubs, skating rinks and other places of amusement | 1 space per each 300 square feet of gross floor area or parking spaces to accommodate normal demand as determined by the Building Commissioner following consultation with the Planning Board |
Day care, nursery school | 1 space per 2 employees |
Elementary and Junior High School | 1 space for each teacher and employee, and additional spaces for the gymnasium or the auditorium, whichever has the larger capacity |
High School | 1 space for each teacher and employee, plus 1 space per 4 students, including spaces for the gymnasium or the auditorium, whichever has the larger capacity |
Hospital | 1.5 spaces per bed at design capacity |
§ 164-8.3 Parking Area, Design, and Location.
A.
Location. Required parking shall be located either on the same lot as the activity it serves or located on other lots within 500 feet of the lot upon which the activity is located, provided said off-premises lot(s) is not located in the Residence District R.
B.
Surface. All required parking areas, except those serving single-family or two-family residences, shall be dustless, durable, with an all-weather surface and with drainage provided for, designed to prevent dust, erosion, water accumulation or unsightly conditions. In parking areas with 10 or more spaces, individual spaces shall be marked by painted lines, individual wheel stops or other means.
C.
Backing. Parking areas shall be designed and located so that their use does not involve vehicles backing onto or off of a public way.
D.
Egress. There shall be not more than 2 driveway openings onto any street from any single premises unless each opening center line is separated from the center line of all other driveways serving 20 or more parking spaces, whether on or off the premises, by 200 feet, measured at the street line. No such opening shall exceed 30 feet in width at the street line unless necessity of greater width is demonstrated by the applicant and the opening is designed consistent with Massachusetts Department of Public Works regulations. No driveway side line shall be located within 50 feet of the street line of an intersecting way. All driveways serving 5 or more parking spaces shall be constructed with a minimum edge radius of 5 feet on both sides. All driveways serving 40 or more parking spaces must have not less than 250 feet of visibility in each travel lane entering a state-numbered or -maintained highway and not less than 150 feet of visibility on other streets. Authorization by the Select Board, acting on advice of the Highway Surveyor and Chief of Police, is required for all curb cuts. Said authorization shall take into consideration the safety hazard, if any, caused by the curb cut.
E.
Parking lot plantings. Parking lots containing 10 or more parking spaces shall have at least 1 tree per 8 parking spaces, such trees to be located either within the lot or within 5 feet of it. Such trees shall be at least 2 inches in trunk diameter, with no less than 40 square feet of unpaved soil or permeable surface area per tree. At least 5% of the interior of any parking lot having 25 or more spaces shall be maintained with landscaping, including trees, in plots of at least 4 feet in width. Trees and soil plots shall be so located as to provide visual relief and sun and wind interruption within the parking area and to assure safe patterns of internal circulation.
F.
Bicycle racks. For parking areas of 20 or more spaces, bicycle racks facilitating locking shall be provided to accommodate 1 bicycle per 20 parking spaces required or fraction thereof.
G.
Control of Runoff from Commercial and Multifamily Parking Lots.
On all lots proposed for other than one- or two-family residential use, stormwater runoff shall be directed in such a way as to recharge the groundwater beneath the lot and in such a manner as not to increase the flow of runoff into, wetlands as defined by MGL Ch. 131, § 40. Since in a given storm event the first inch of rainfall, known as the "first flush," contains approximately 90% of all contaminants, this portion of runoff shall be contained on the lot. |
To demonstrate these capabilities, the applicant shall show proposed catch basins or other drainage facilities sufficient to contain runoff from a 25-year storm flowing over man-made areas on the lot, on plans submitted to the Building Commissioner or Plan Evaluation Board. The applicant shall also submit drainage calculations for the site for a 25-year storm prepared by a registered professional engineer. Plans shall show how contaminants likely to reach groundwater, such as hydrocarbons, may be removed by currently available methods. |
§ 164-8.4 Loading Requirements.
A.
Performance requirement. Adequate off-street loading facilities and space must be provided to service all regular needs created by new construction, whether through additions or change of use. Facilities shall be so sized and arranged that no vehicles need regularly back onto or off of a public way or be parked on a public way while loading, unloading or waiting to do so.
B.
Application requirements. Prior to the issuance of a permit for construction of a new structure, addition to or alteration of an existing structure or change of use, the Building Commissioner may require that the applicant submit information concerning the adequacy of existing or proposed loading facilities on the parcel. Such information may include a plan of the loading area showing its size and its relationship to buildings, parking areas and public ways, documentation of the types of goods and/or persons being loaded and unloaded from vehicles, the expected types of vehicles to be serviced at the loading area and the expected normal hours of operation. The Building Commissioner shall use such information to determine whether or not the requirements of Subsection A are met.