A.   This Article establishes regulations and requirements for off-street parking, which is parking on the site of a use and/or in another location permitted by this Article that does not require a user or customer to park on a public street.

   B.   The purposes of this Article, which apply in all zoning districts except in the AG Agricultural zone, are:

      1.   To alleviate or prevent congestion of the public streets;

      2.   To promote the safety and welfare of the public by establishing minimum requirements for the off-street parking of motor vehicles commensurate with the property’s use;

      3.   To encourage parking areas with sufficient vehicle parking and maneuvering areas; and

      4.   To make the property owner primarily responsible to reduce or eliminate on-street parking to serve the property.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-24-010. Prior history: Enacted by Ordinance No. 9, 06/28/1979; renumbered and amended by Ordinance No. 37, 09/04/1980; replaced and reenacted by Ordinance No. 178, 05/26/1988)

   A.    General. No building permit shall be issued, and no use shall be begun, until the applicant has provided evidence to the Town of sufficient parking to meet the requirements of this Article.

   B.   Additions and change of occupancy. The applicant shall provide evidence of required off-street parking:

      1.   When any main building is erected;

      2.   When an existing building is altered or enlarged; and

      3.   Where a use is intensified by a change of occupancy or by the addition of floor area, seating capacity, or seats.

   C.   Maintenance of existing parking. Off-street parking required in connection with any existing building or use shall be maintained while the building or use remains.

      1.   Parking for the building or use may be reduced commensurate with any amendment that reduces off-street parking requirements.

      2.   An existing building or use that is not altered, enlarged, or intensified by a change of occupancy or the addition of floor area, seating capacity, or seats is not required to comply with any amendment that increases off-street parking requirements.

   D.   Combination of uses. If uses on a lot are combined, the total off-street parking requirement shall be the sum of the off-street parking requirements for the individual uses.

   E.   Collective parking. The joint use of off-street parking for two or more adjoining buildings or uses is permitted if:

      1.   The total off-street parking equals or exceeds the off-street parking requirements for the individual buildings or uses; and

      2.   The owners of all affected buildings and uses provide copies of recorded cross-parking easements or other documentation evidencing the owners reciprocal parking rights.

   F.   Recreational and commercial vehicles.

      1.   For the purposes of this subparagraph F, “recreational vehicles” include travel trailers, motor homes, busses, pickup trucks with an installed camper which extends over the cab, unmounted camper shells, boats (including kayaks), boat trailers, utility trailers, off-road vehicles without an enclosed driver and passenger compartment, and aircraft.

      2.   In residential zoning districts, recreational vehicles shall not be stored in the required front yard or any exterior side yard (a side yard abutting a street).

      3.   Residential properties unable to accommodate a recreational vehicle within the rear or interior side yard may temporarily park one recreational vehicle in a front or exterior side yard for loading and unloading purposes only for a period not to exceed 48 hours in any calendar month.

      4.   Recreational vehicles shall not be parked in or encroach into a street right-of-way.

      5.   Recreational vehicles shall not be parked in a location or manner that creates a traffic sight visibility problem for any neighbor or passing motorist.

      6.   Except for loading or unloading for a reasonable time, the parking of any commercial vehicle with a rated capacity of more than one ton on any lot in a residential zoning district shall be considered a commercial use and is prohibited.

      7.   Except as permitted by section 13-08-050 (mobile food vendors), the parking in a residential zoning district of more than one vehicle customarily in commercial use with a rated capacity less than one ton shall be deemed a commercial use and is prohibited. This includes delivery vans, flat bed, and stake bed trucks.

      8.   This subsection F does not apply to parking or storage within a completely enclosed permanent structure.

      9.   The parking or storage in a residential zoning district of backhoes, dump trucks, road graders, semi-truck tractors and trailers, flatbed or enclosed trailers, self-propelled industrial equipment such as tanks, pumps, machinery, and other large equipment not customarily in residential use is prohibited except during construction.

      10.   Any person, firm or corporation found guilty of violating any provision of this subsection F shall be guilty of a misdemeanor. Upon conviction, the offense shall be treated as a class 3 misdemeanor. Each day such violation is permitted to continue shall constitute a separate offense and shall be punishable as a separate offense.

   G.   Handicapped accessible parking.

      1.   At the time of application for a building permit for a commercial, industrial, or multi-family use, the Zoning Administrator shall determine the number of off-street parking spaces required, according to the following standards:

         a.   Handicapped-accessible parking spaces for multiple-family housing shall be provided as follows:

            (1)   Where parking is provided for all residents, one accessible parking space shall be provided for each accessible dwelling unit.

            (2)   Where parking is provided for only a portion of the residents, an accessible parking space shall be provided on request of the occupant of an accessible dwelling unit.

            (3)   Where parking is provided for visitors, 2% of the spaces, or at least one space, shall be accessible.

         b.   Handicapped-accessible parking spaces for health care facilities shall be provided as follows:

            (1)   At facilities providing medical care and other services for persons with mobility impairments, the number of parking spaces required in subparagraph c below.

            (2)   Ten percent of the total number of parking spaces serving outpatient units and facilities.

            (3)   Twenty percent of the total number of parking spaces serving units and facilities that specialize in treatment or services for persons with mobility impairments.

         c.   Handicapped-accessible parking spaces for all other facilities shall be provided as follows:

      5.   Handicapped-accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance.

      6.   Handicapped-accessible parking spaces that do not serve a particular building shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility.

      7.   In facilities with multiple accessible building entrances with adjacent parking, handicapped-accessible parking spaces shall be dispersed and located near accessible entrances.

      8.   Wherever practical, the accessible route of travel for handicapped-accessible parking spaces shall not cross lanes for vehicular traffic. Where crossing vehicle traffic lanes is necessary, the route of travel shall be designated and marked as a crosswalk.

      9.   Where parking is provided in a parking garage or under shade canopies, the ratio of covered to uncovered handicapped-accessible parking spaces shall not be less than the ratio of covered to uncovered non-accessible parking spaces.

      10.   In parking garages, no fewer than 20% of the handicapped-accessible spaces shall be designated for high-profile vehicles, with a minimum headroom clearance of nine feet six inches in all parking, maneuvering, and circulation areas serving those spaces. Special signage shall be provided to identify high-profile accessible parking spaces and to direct users to the location of both high-profile and standard height accessible parking spaces, except when all accessible spaces are high-profile spaces.

      11.   Handicapped-accessible parking spaces and access aisles shall be level, with surface slopes not exceeding 2% (one inch rise over 50 inches) in all directions.

      12.   Access aisles shall be constructed so that the ground surface is stable, firm, and slip resistant. Access aisles shall not be constructed with surfaces of loose sand, gravel, wet clay, cobblestones, or similar material.

      13.   Whenever a parking area built before the effective date of this Subsection does not have sufficient accessible parking spaces to comply with this Subsection, existing non-accessible parking spaces may be combined and converted to accessible parking spaces and associated access aisles, so long as the overall reduction in total parking spaces does not exceed 5% of the off-street parking spaces otherwise required.

   H.   Electric vehicle charging. Parking lots with 25 parking spaces or more shall include at least one electric vehicle charging space per 25 parking spaces.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-24-020. Prior history: Enacted by Ordinance No. 37, 09/04/1980; amended by Ordinance No. 93, 02/09/1984; amended by Ordinance No. 153, 07/02/1987; replaced and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 181, 08/11/1988; amended by Ordinance No. 285, 10/22/1992; amended by Ordinance No. 399, 10/10/1996; amended by Ordinance No. 650, 01/26/2006)

   A.   Off-street parking for uses in residential zoning districts shall be provided on the same lot or on a contiguous residentially zoned lot.

   B.   Parking for residential uses on lots 18,000 square feet or less is prohibited on any portion of the required front yard except on a driveway paved with approved material such as masonry, concrete, decorative stamped and/or colored concrete, or asphalt, and covering not more than 50% of the required front yard.

   C.   Fully screened parking on pavement covering no more than 25% of the lot’s length is permitted in a required side yard of a corner lot.

   D.   No parked vehicle shall block or encroach onto a public sidewalk.

   E.   Off-street parking for uses in commercial or industrial zoning districts shall be provided on the same lot or on a lot within 300 feet with the same or less restrictive zoning district.

   F.   Any required yards may be used for parking or loading except as may be specifically prohibited by this Article or by the provisions of the applicable zoning district.

   G.   Off-site parking on Town streets may be included for required parking if developed in conjunction with and approved by the Council as part of an approved preliminary development plan during rezoning under section 13-14-060 (rezoning procedure).

   H.   Other off-site parking in the Town right-of-way may be included for required parking if the parking and the use are:

      1.    Included in a special taxing district into which the user pays its fair share of the actual costs through assessments or other contributions; or

      2.   Addressed in a development agreement between the user and the Town.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-24-030. Prior history: Enacted by Ordinance No. 9, 06/28/1979; renumbered and amended by Ordinance No. 37, 09/04/80; replaced and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 564, 07/10/2003)

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-24-040. Prior history: Enacted by Ordinance No. 9, 06/28/1979; renumbered and amended by Ordinance No. 37, 09/04/80; amended by Ordinance No. 150, 07/02/1987; replaced and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 276, 06/11/1992; amended by Ordinance No. 279, 06/25/1992; amended by Ordinance No. 375, 12/28/1995; amended by Ordinance No. 394, 07/25/1996; amended by Ordinance No. 521, 05/09/2002, amended by Ordinance No. 748, 09/12/2010)

   A.   Requirements: Except in the AG (agricultural) zone, for every structure or part of a structure erected, or for any building converted to the referenced uses or occupancy, or any addition, accessible off-street parking shall be provided on the premises as set forth in the following:

 

   B.   Definition of floor area:

      1.   Floor area shall mean the gross floor area and/or the open land area needed for service to the public as customers, patrons, clients, or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not mean floors or parts of floors used principally for non-public purposes such as storage, automobile parking, incidental repair, processing, or packaging of merchandise, show windows, offices incidental to the management or maintenance of stores or buildings, or restrooms or other accessory space.

      2.   Where parking spaces are determined based on seats, each 18 inches of width shall be deemed as one seat. Where there is uncertainty as to which of the enumerated categories of parking requirements any use falls, the Zoning Administrator’s decision shall stand unless modified by the Board of Adjustment.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-24-050. Prior history: Enacted by Ordinance No. 9, 06/28/1979; renumbered and amended by Ordinance No. 37, 09/04/80; amended by Ordinance No. 151, 07/02/1987; replaced and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 279, 06/25/1992; amended by Ordinance No. 282, 10/22/1992; amended by Ordinance No. 381, 03/28/1996; amended by Ordinance No. 399, 10/10/1996; amended by Ordinance No. 809, 09/24/2015; amended by Ordinance No. 820, 09/22/2016; amended by Ordinance No. 2022-900, 03/24/2022)

   A.   Applicability: In all zoning districts except AG (agricultural), off-street loading space meeting the minimum requirements specified in this section shall be provided and maintained on each premises with one or more buildings occupied by a use that receives or distributes materials or goods.

   B.   Schedule of loading space requirements:

 

   C.   Location:

      1.   Required off-street loading space shall not be permitted:

         a.   In any front yard.

         b.   In any required side yard except in a non-residential zoning district where a side yard abuts an alley within and that abuts only non-residential zoning districts.

      2.   Off-street loading space may:

         a.   Occupy all or any part of a required rear yard except as otherwise provided in this section.

         b.   Be partially or entirely enclosed within a building.

      3.   Loading space shall not be counted or included as off-street parking space.

   D.   Alley: An alley within and that abuts only non-residential zoning districts may be used as maneuvering space for loading spaces.

   E.   Size: Each off-street loading space shall meet the following minimum requirements:

      1.   Width: 12 feet

      2.   Length: 45 feet

      3.   Height: 14 feet exclusive of access aisles and maneuvering space

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-24-060. Prior history: Enacted by Ordinance No. 152, 07/02/1987; replaced and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 399, 10/10/1996)

   A.   The Zoning Administrator and Town Engineer may approve a mixed-use shared parking program upon finding that:

      1.   Mixed non-residential uses are proposed,

      2.   The mix of non-residential uses creates staggered peak periods of parking demand, and

      3.   All other requirements set forth in this section are met.

   B.   A mixed-use shared parking program:

      1.   Allows the same spaces to be shared by multiple land uses, reducing the total required parking.

      2.   May include parking on the same site or on one or more separate parking parcels, subject to the provisions of this section.

   C.   An applicant for a shared parking program must demonstrate the feasibility of shared parking pursuant to this section.

   D.   Shared parking spaces may be located on a different parking parcel than the use it serves only under the following conditions:

      1.   The pedestrian access distance is no more than 300 feet from the mixed-use shared parking lot to the use it serves, measured following a reasonable and safe walking route from the main entrance of the use to the nearest point of the parking lot.

      2.   A copy of the covenant required by paragraph J of this section is submitted with the application for a building permit or certificate of occupancy for the use to be served by the mixed-use shared parking program.

   E.   Parking spaces reserved for a specific individual or business purpose (for example, reserved for doctors only) or designated and marked for use by handicapped persons shall not be counted toward meeting shared parking requirements.

   F.   The maximum reduction in the number of parking spaces required for all uses in a mixed-use shared parking program shall be 20%.

   G.   The Zoning Administrator and Town Engineer may determine the shared parking requirements of a mixed-use shared parking program by:

      1.   Using the mixed-use shared parking calculation method set forth in paragraph H of this section, or

      2.   Finding that the land uses in question will use the shared spaces at different times of the day, week, month, or year using a more detailed study that:

         a.   Is based on the Urban Land Institute’s shared parking study methodology or other generally accepted methodology;

         b.   Addresses the size and type of activities, the composition of tenants, the rate of turnover for proposed shared spaces, and the anticipated peak parking and traffic loads;

         c.   Provides for a reduction by not more than 20% of the combined parking required for each non-commercial land use; and

         d.   Provides for no reduction in the number of spaces reserved for persons with disabilities or used for a specific individual or business purpose.

   H.   The minimum number of parking spaces required for a mixed-use shared parking program may be determined by multiplying the minimum parking requirements for each individual use by the percentage set forth in the table below for each of the five designated time periods and adding the resulting sums from each vertical column. The column with the highest sum is the minimum shared parking space requirement for the mixed-use shared parking program for that combination of land uses.

 

   I.   The superscript notes in the table set forth in paragraph H of this section correspond to the following explanations (where a superscript "1" refers to subparagraph 1 below):

      1.   Commercial includes retail uses.

      2.   A hotel restaurant is a restaurant associated with a hotel.

      3.   Includes entertainment and recreation, such as theaters, bowling alleys, cocktail lounges, and similar uses.

   J.   The applicant for a mixed-use shared parking program with shared parking spaces located on a different parking parcel than the use it serves shall submit to the Town Attorney a covenant recorded in the office of the Recorder of Yavapai County, Arizona, which, at a minimum:

      1.   Provides that the parking parcel and the parking spaces provided on the parking parcel shall be maintained for so long as the uses requiring the parking exist, or until the required parking is provided elsewhere as permitted by this Article

      2.   Lists the names and ownership interest of all parties with an ownership interest in the parking parcel and the properties containing the uses that will share the parking parcel

      3.   Includes the notarized signatures of all parties with an ownership interest in the parking parcel and the properties containing the uses that will share the parking parcel

      4.   Includes legal descriptions of the parking parcel and the properties containing the uses that will share the parking parcel

      5.   Includes a site plan showing the area and layout of the parking parcel and any area reserved for future parking

      6.   Reserves the parking parcel for shared parking, unencumbered by conditions that would interfere with its use

      7.   Is a covenant running with the land and binding all parties and their successors in interest to the covenant

      8.   Provides assurance that all spaces will be available without charge to participating uses

      9.   Describes the obligations of each party, including

         a.   The party or parties responsible for maintenance of the parking parcel, and

         b.   The parties obligation, if any, to retain and develop any reserved open space for additional parking spaces

      10.   Incorporates by reference the mixed-use shared parking calculation method set forth in paragraph H of this section or the shared parking study that was used to determine the shared parking requirements of the mixed-use shared parking program covered by the covenant

      11.   Describes the method and requirements for amending the covenant, including the requirement that amendments be submitted to the Town, to assure continuing compliance with this section

      12.   Recites that the covenant is entered into for the purpose of satisfying the Town's requirements for approval of a mixed-use shared parking program pursuant to this section

   K.   Within 30 days of receipt of the covenant described in paragraph J of this section, the Town Attorney shall:

      1.   Notify the Zoning Administrator and Town Engineer that the covenant meets the requirements of this section, or

      2.   Notify the applicant that the covenant fails to meet the requirements of this section, with an explanation of the covenant's deficiencies.

   L.   If a use in a mixed-use shared parking program changes, the owner or operator of the changed use must demonstrate to the satisfaction of the Zoning Administrator and Town Engineer that the new mix of uses meets the shared parking requirements of the mixed-use shared parking program.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-24-070. Prior history: Enacted by Ordinance No. 564, 07/10/2003; amended by Ordinance No. 894, 01/13/2022)