Rawlins City Zoning Code

A.

Off-street parking facilities shall be provided to lessen congestion in the streets. The facilities required in this title shall be available to patrons throughout the hours of operation of the particular business or use for which the facilities are provided. As used in this chapter, the term "parking space" includes either covered garage space or uncovered parking space located off the public right-of-way.

B.

Outdoor parking space shall be deemed to be part of the open space of the lot on which it is located.

C.

A garage or carport may be located wholly or partly inside the walls of the principal building, or attached to the outer walls. If separate from the principal building, the garage shall conform to all accessory or building requirements. The garage may be constructed under a yard or court; provided that the level of the other yards or courts shall conform to the general level of the other yards or courts on the lot. The space above an underground garage shall be deemed to be part of the open space of the lot on which it is located.

(Ord. No. 9-89(part))

A.

Four copies of plans for any off-street parking facilities shall be submitted to the building official for approval to the issuance of any permit to construct, enlarge, change the use of, or modify in any manner, any parking lot, commercial building or facility, industrial building or facility, or multifamily housing structure.

B.

Off-street parking plans shall be submitted to the building official who shall distribute them to the following agencies for review for conformance with the requirements of this chapter and other applicable city ordinances:

1.

Office of the police chief;

2.

Planning and zoning office;

3.

Office of the city engineer;

4.

Other agencies as deemed appropriate.

C.

In the event the plans are disapproved by any of the above agencies, the applicant shall provide the building official with corrected plans or petition the city council for a variance from specific requirements.

(Ord. No. 9-89(part))

Any of the following buildings or uses hereafter erected for one or more of the following uses and any open area hereafter used for commercial or industrial purposes shall be provided with not less than minimum parking spaces as set forth below; provided, however, that such requirements shall not apply to the area bounded by Spruce Street on the North, Second Street on the East, Sixth Street on the West and Front Street on the South:

Off-Street Parking Space Requirements

(Ord. No. 9-90(part); Ord. No. 9-89(part); Ord. No. 09-00, 9-5-2000)

A.

Any use of a building or other use which is conforming or construed to be conforming under the ordinance codified in this section may be changed or enlarged and be in compliance with this section provided that one or more of the following conditions are met, provided, however, that none of the provisions of this section shall apply in the area bounded by Spruce Street on the North, Second Street on the East, Sixth Street on the West and Front Street on the South. It shall be the duty of the zoning officer to determine which option or combination of options best meets the intent of the ordinance codified in this section. The options are as follows:

1.

When a change in use is made between uses listed in Section 19.44.030 or an enlargement of such a use is made, an increment of parking may be added equal to the net increase required. This increment shall be determined to be the difference if the new use or enlargement where new construction and the parking requirements of the existing use if it were newly constructed. In no case will this increment be less than zero.

2.

When the use is located in a commercial zone, in lieu of creating an additional increment of parking, a contribution equal to the fair market value of each parking space required by this subsection may be made to the city municipal parking improvement fund for purposes of creating and maintaining public parking. This amount shall be calculated by the following formula:

Whenever cash in lieu of actual parking is made for required increments of parking, the market value shall be based on an official market value determined and adopted by the planning commission and adjusted from time to time. In the event of inability of the above parties to agree on the full market value of the spaces, an independent party being a qualified local appraiser shall be selected by mutual agreement of the disagreeing parties. The independent party's findings on full market value of the site shall be final and binding on all parties. The applicant shall pay the cost of the appraiser. Payments made under the requirement of this section shall be made payable to the city. The zoning officer shall receive such fund to change in use of a property or issuance of a building permit. This fee shall be deposited with the city treasurer who shall in turn deposit such funds in any city approved and designated financial institution within the city. Such funds shall be deposited to special interest bearing escrow accounts. The status of these accounts shall be reported annually to the city council and shall be made available to the general public. Funds may be withdrawn from the special escrow accounts by the city council, for the specific purposes of acquiring lands for public parking sites and of making improvements to and maintaining such sites.

3.

Upon written approval of the city engineer and the chief of police, the zoning officer may approve a written waiver of incremental parking up to twenty-five percent of total required parking for the new use or enlargement if it were new construction. In granting such a waiver, the zoning officer must certify that such a waiver does not violate the intent of the ordinance codified in this section nor harm the public interest. This waiver may only be used in cases where it is unlikely that municipal parking will ever be provided in the vicinity.

4.

The applicant may be asked to apply for blanket approval of parking arrangements under the variance procedure outlined in Section 19.44.050.

(Ord. No. 9-90(part); Ord. No. 9-89(part))

A.

An applicant may appeal any decision of the zoning officer in regard to general requirements of the ordinance codified herein to the planning commission by filing a written request for appeal. This written appeal shall include the following items:

1.

A site plan of proposed parking requirements;

2.

A statement of reasons for requesting a variance and extenuating conditions;

3.

Any other rationales which would tend to support the conclusion that the intent of the ordinance codified herein would be met by the applicant's plan.

B.

No variance to design standards may be granted through this procedure. All such requests shall be considered by the board of adjustments. Application for such variance shall be made in accordance with Section 19.76.040. Each application for such a variance shall include payment of the appropriate fee to the city as set by resolution of the City Council, and provided for in Title 1 of this code.

(Ord. No. 9-89(part); Ord. No. 10D-94, 10-4-1994; Ord. No. 08a-2008, 8-19-2008)

A.

Parking spaces for apartment buildings, commercial or industrial uses shall be readily accessible to, and be within a reasonable distance from the buildings served thereby. Such spaces shall be on the same lot and in the same zoning district as the principal building, or open area, except when otherwise authorized, as a special exemption, conforming to the following regulations:

1.

The required parking spaces shall be suitable within six hundred feet of the principal building or open space in question.

2.

Such spaces shall be in the same ownership or control as the principal building to which they are accessory and shall be subject to deed restrictions acceptable to the planning commission, binding the owner, and his heirs or assigns to maintain the required number of parking spaces throughout the life of the principal use.

3.

A leasehold or easement may constitute control; however, continued occupancy may be conditioned on continuation of such control or equivalent.

B.

Except when specifically approved otherwise by the city council, no part of a public street or alley right-of-way may be used for required off-street parking spaces. In no case shall any on-street parking spaces be considered as satisfying any portion of off-street parking requirements.

(Ord. No. 9-89(part))

A.

The minimum standards of parking facilities to be provided shall be as follows:

*Depth from curb is the perpendicular measurement from curb or edge of the parking lot toward the interior portion of the lot to be occupied by the parking vehicles and not including any part of the drive.

B.

All dead-end parking lots shall be designed to provide sufficient back up area for the end stalls of the parking lots shall be designed to provide sufficient back up area for the end stalls of the parking area.

C.

Parking areas shall be designed so that each motor vehicle may proceed to and from parking space provided for it without requiring the moving of any other vehicle.

D.

The width of entrance and exit drives shall be a minimum of twelve feet for one way use only, and a minimum of twenty feet for two-way use, except where ninety-degree parking is used in which case the minimum shall be not less than twenty-four feet.

E.

In all zones, except for single-family dwellings, there shall be no less than six feet of space between the curb line or wheel stop of any parking area and the outside wall of any building.

F.

In no case, except for single-family dwellings, shall parking areas be designed to require or encourage cars to back into a public or private street in order to leave the parking areas.

G.

All parking spaces within parking lots, together with access drives shall be provided with curbs or other type of wheel stops or physical barriers where such are adjacent to property lines except at entrances and exits. Such barriers shall be positioned at least three feet from property line or street barriers shall be positioned at least three feet from property line or street right-of-way line.

H.

An alley way may be utilized as access to off-street parking lots only when the clear paved width is a minimum of twelve feet on a one-way alley and a minimum of twenty feet on a two-way alley.

I.

A structure or planting material shall be provided of sufficient height and density to screen off-street parking lots from view at the ground level of adjoining residential zones or uses.

J.

Any lighting used to illuminate off-street parking or loading areas shall be arranged so that the direct rays from the luminaries will not fall on any residential building beyond the property line.

(Ord. No. 9-89(part); Ord. No. 09-00, 9-5-2000; Ord. No. 11-2007, 11-6-2007)

A.

The area of parking lots, including driveways, shall be graded, paved with asphalt or other suitable material and drained to the extent necessary to prevent dust, erosion and excessive water flow across streets or adjoining property.

B.

Parking areas shall be kept free from rubbish, debris and encroaching land uses at all times.

(Ord. No. 9-89(part))

A.

In addition to the off-street parking space otherwise required in this chapter, all commercial and industrial establishments, hospitals or sanitariums and other similar uses exceeding ten thousand square feet shall provide adequate off-street area for loading and unloading of supplies to and from vehicles.

B.

At least one loading berth shall be provided for a gross floor area exceeding ten thousand square feet. Should the gross floor area of the main building and buildings accessory thereto used for commercial and/or industrial purposes exceed fifty thousand square feet of gross floor area, one additional loading berth shall be provided for each additional ten thousand square feet of gross floor area above fifty thousand. An off-street loading berth shall be not less than ten feet wide and thirty-five feet in length, and fourteen feet in height.

C.

Hotels and motels shall have at least one loading berth when the gross floor area exceeds fifty thousand square feet.

(Ord. No. 9-89(part))