(a)

For purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.

(a)

Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. In residential zones it shall be illegal to park any vehicle larger than three-quarter-ton capacity unless in an enclosed building or 100 feet from any lot line, and said commercial vehicle must be owned and operated by a member of the family residing on said lot or parcel.

Off-street parking required in conjunction with all land and building uses shall be provided as herein prescribed:

(1)

The minimum number of off-street parking spaces shall be determined in accordance with the following table. The minimum standards of this ordinance are not intended to function as desirable design standards for maximizing site usage. The purpose of these standards is to limit traffic congestion and public inconvenience. For uses not specifically mentioned in the table, off-street parking requirements shall be established by the administrative official from requirements for similar uses.

(2)

Any area once designated as required off-street parking shall never be changed to any other use unless and until equally required facilities are provided elsewhere. Off-street parking existing at the effective date of this ordinance in connection with the operation of an existing building or use shall not be reduced to an amount less than would hereinafter be required for such building or use.

(3)

The off-street parking may be provided either by individual action or by a parking program carried out through public action, whether by a special assessment district or otherwise.

(4)

Two or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately. However, in cases of dual functioning of off-street parking where operating hours do not overlap, the city planning commission may grant a special exception based on the peak hour demand.

(5)

Required off-street parking shall be for the use of occupants, employees, visitors, and patrons, and shall be limited in use to motor vehicles. The storage of merchandise, motor vehicles for sale, or the repair of vehicles is prohibited. Required off-street parking for nonresidential uses shall be either on the same lot or within 300 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot.

(6)

Off-street parking for a one-family dwelling or a two-family dwelling shall be subject to the following requirements:

a.

Required off-street parking for a one-family dwelling or two-family dwelling shall consist of a paved driveway.

b.

No vehicle shall be parked on the lot other than on a paved driveway, or in a garage or carport.

c.

No vehicle shall be parked closer than three feet to a front lot line.

d.

No driveway shall be located between the dwelling and the front lot line (see definition below) unless:

1.

Approved by the city planning commission in conjunction with its approval of a subdivision final plat; or

2.

Approved by the city planning commission as a special exception, based on the criterion that lots of ample width and area can adequately accommodate such parking, subject to article 26; or

3.

Approved by the board of appeals as a variance, subject to article 30.

(7)

The city planning commission may grant special exception to the minimum number of off-street parking spaces required to be provided only to the extent that existing public parking in the immediate area exceeds the requirements of this ordinance for the existing contiguous buildings. As a condition of special exception, the applicant/owner shall satisfy the requirements for off-street parking by a payment-in-lieu of providing said parking spaces as set forth in chapter 28, article IV of the City Code. Where off-street parking has been provided through special assessment of property, the required number of off-street parking spaces may be reduced by the planning commission by that number of spaces which can be allocated to the assessment on that property.

(8)

The following area shall be known as the Parking Management District:

Bounded on the north:

Starting at the northeast corner of 400 Sixth Street, easterly to the south line of the former Penn Central Railroad, and then to the intersection of Main Street and Olde Towne Road, and then along the centerline of Olde Town Road to Water Street.

Bounded on the east:

Along the centerline of Water Street from Olde Town Road to East Third Street, and then along the centerline of East Third Street from Water Street to East Second Street, and then along the centerline of East Second Street from Third Street to East Alley, and then along the centerline of East Alley from East Second Street to Mill Street.

Bounded on the south:

By the centerlines of Mill Street and First Street from East Alley to the westerly lot line of 71 Walnut.

Bounded on the west:

From First Street extending northerly along the rear lot lines of those properties along the west side of Walnut to West Second Street, and then along the centerline of Pine Street from West Second Street extending north to the Paint Creek.

A copy of the Parking Management District map outlined above shall be available from the city clerk. The off-street parking requirements for properties located in the Parking Management District are set forth in chapter 28, article V.

(9)

Notwithstanding the other provisions in this section, the planning commission may at their discretion and in limited circumstances, consider the modification of the numerical requirements for off-street parking, based upon evidence provided by the applicant that indicates that another parking standard would be more appropriate for the proposed property use. Such authority is granted to provide the planning commission flexibility in reviewing sites, which would allow for shared parking or alternate means of providing parking, when a site is unable to accommodate all of the required parking per the zoning ordinance or to avoid variances for the same, which would run with the land in perpetuity. Such flexibility or deviation from the ordinance standard would be tied to the specific use and site plan approved and will cease to exist once the use on the site terminates or changes to another use. Such evidence may include any or all of the following and shall be compiled by an independent third party:

a.

Anticipated current or future levels of employees and/or patrons.

b.

Peak period usage versus normal usage.

c.

Banked or reserved parking for future use.

d.

Environmental factors which accommodate additional landscaping and the minimization of impervious areas on the site.

e.

Provision of valet parking or other means of accommodating patrons on a private lot that does not burden public parking. Further, submission of proof that such valet parking is available for the days and times noted and not in conflict with other businesses using the same valet facility.

f.

Demonstration by the applicant that surrounding characteristics unique to the property justify the requested deviation.

g.

Demonstration by the applicant that the strict application of the ordinance would prevent ability to develop the property as proposed for an appropriate allowed use.

h.

Other factors pertinent to a modification of parking requirements that have a direct relationship to this section 2402(9).

i.

Demonstration that such modification will not impact or negatively affect public parking in the city.

j.

Approval of any flexibility in the parking count does not exempt a property owner from any special assessment associated with parking.

Any planning commission modification under this subsection shall be conditioned on the use of the property continuing as approved. Any substantive deviation in the type, scope or intensity of the property use will result in the standard parking requirements being applied. Non-substantive deviations may be administratively approved.

If a site that receives approval from the planning commission on the basis of evidence submitted, is found to be in violation of the terms of approval i.e., availability of valet parking or has misrepresented the information based on which such a deviation has been granted, the applicant shall receive a violation/show cause notice. The applicant will be required to appear before the planning commission to address the issue(s) and concerns raised. Based on the information presented, the planning commission may add additional conditions to the parking deviation previously granted. Subsequently, issuance of a second violation notice by the city will be cause for revocation of the site plan privilege granted, and will require the applicant to thereafter provide the parking for the use(s) on the site as required by the zoning ordinance or discontinue the use altogether.

(Ord. No. 2013-03, pt. I, 3-11-2013; Ord. No. 2015-09, 6-22-2015)

Outdoor dining areas for more than 30 patrons or those that use awnings, roofs, or similar permanent or temporary structures then the following standards apply:

(1)

If the outdoor seating is 25 percent or less of the seating capacity indoors, no additional parking is necessary.

(2)

If the outdoor seating is 26 percent—50 percent of the seating capacity indoors, the restaurant may be required to provide up to 125 percent of the parking required for the indoor space.

(3)

If the outdoor seating is over 50 percent of the seating capacity indoors, the restaurant may be required to provide up to 150 percent of the parking required for the indoor space.

In addition to the above requirements for number of spaces, all uses in commercial, office and industrial districts shall design the off-street parking area so that the following objectives are met. The planning commission has the discretion to require the provision of 20 percent additional parking above the required amount, if the commission determines that a project has not met the said objectives.

(1)

Minimizes the likelihood of parking interference affecting adjoining residential neighborhood.

(2)

Limits traffic congestion and public inconvenience by providing ample parking on-site to meet all foreseeable daily needs.

(3)

Reduces the potential for overflow conditions that might result in undesirable on-street parking.

(4)

Provide space on-site for future parking expansions.

Upon approval by the planning commission, the paved area for off-street parking may be reduced to an area comprising one space for every employee in the largest working shift, or one for every 1,700 sq. ft. of usable floor area, whichever is greater, provided that a surplus area is provided on the site to accommodate the construction of additional off-street parking to fulfill the requirements for industrial or research establishments when needed.

The purpose of this subsection is to prevent improved industrial property from being rendered unusable by changing economic conditions, by permitting such uses to develop with reduced numbers of constructed off-street parking spaces while retaining additional site area for possible future off-street parking use. The applicant shall submit one layout showing the number of spaces to be provided as well as an alternate layout showing the number of spaces to be provided and the number to be landbanked. All areas designated for landbanking shall be maintained as landscaped open space. The applicant shall demonstrate that all landbanked parking areas can be developed as future parking spaces in accordance with city standards. Landbanked parking areas may not be used to satisfy landscaping, buffer, or screening requirements of this ordinance.

Approval for deferral of parking space construction (landbanking) shall only be granted upon a finding by the planning commission that adequate parking will be available for the proposed use on site; parking will not occur on any street or driveway, no traffic or circulation problems will occur on or off site; and the deferral is consistent with and protects public health, safety and welfare.

(Ord. No. 2009-13, 5-11-2009; Ord. No. 2009-21, pt. 5, 11-9-2009; Ord. No. 2009-22, pt. 4, 11-9-2009; Ord. No. 2015-05, pt. I, 2-23-2015; Ord. No. 2017-02, pt. I, 2-13-2017)

Wherever a parking lot is built, such parking lot shall be laid out, constructed, and maintained in accordance with the following requirements:

(1)

The construction or initiation of off-street parking, except for a single-family dwelling, shall be preceded by an approved site plan, and zoning compliance permit.

(2)

All parking spaces shall be laid out in the dimension of nine feet by 18 feet; however, in a parking lot of more than 12 parking spaces, the city planning commission may approve a site plan providing for up to 25 percent of the spaces in the dimension of nine feet by 16 feet, designated for small cars.

(3)

Adequate ingress and egress shall be provided for vehicles to and from the parking lot by means of clearly limited and defined drives.

(4)

Parking spaces will be set back from abutting residential districts as follows:

(5)

For the purposes of this section, the land between the setback of parking spaces and the lot lines is called a buffer strip. Wheel stops or curbing shall be provided to prevent any vehicle from projecting into a buffer strip or over a lot line. Up to two feet of the distance between the wheel stop or curbing and the buffer strip may be counted towards the depth dimension of the parking space(s), if it is designed to accommodate vehicle overhang, and that area shall be paved, stoned, or landscaped. Any portion of a buffer strip which is three feet or less in depth and is screened from adjoining property by a screen wall shall be paved, stoned, or landscaped; all other buffer strips or portions thereof shall be landscaped (including incidental walkways or other paving) pursuant to an approved site plan.

(6)

Wherever a parking lot of four or more spaces adjoins or is across the street from a residential district, screen walls shall be constructed in accordance with article 28.

(7)

The off-street parking lot shall be provided with asphaltic or concrete or other approved surfacing so as to provide a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water accumulated within the area in such a way as to not drain onto adjacent property or building. The construction of the required off-street parking shall be completed before a certificate of occupancy is issued; provided, however, for reasons of delay in construction caused by weather or other delay beyond the control of the owner, the planning commission may approve a financial guarantee for the completion of the off-street parking within not more than one year of the issuance of a certificate of occupancy, in accordance with section 2905, performance guarantee.

(8)

Parking decks and/or structures may be permitted to satisfy off-street parking regulations when located in other than a residential or office district. All parking decks and/or structures shall require special exception approval by the planning commission. During consideration of the special exception, the commission shall ensure that the following standards are met, in addition to the general requirements of article 26:

a.

Where a parking deck or structure is located on property adjacent to a one-family residential district, the following standards shall apply:

1.

It shall be set back from the common lot line a distance not less than 100 feet.

2.

The maximum height of the parking structure shall not exceed 48 feet. Where the maximum height of 48 feet will not achieve the required number of parking spaces, additional levels of the parking garage shall only be permitted below grade.

3.

If the parking structure will exceed the maximum height allowed in the adjacent one-family district, the minimum setback as required by subsection (8)a.1. of this section shall be increased by an additional two feet for every one foot the structure exceeds the maximum height allowed in the adjacent one-family district.

4.

The applicant shall demonstrate that the parking structure will not cast a shadow on any adjacent one-family residence in a manner that deprives its occupants of adequate natural light. The planning commission may require a greater setback than otherwise required in order to ensure this standard will be met. For reference, the applicant shall demonstrate what impact the structure's shadow will have on adjacent one-family districts based on the angle of the sun at 12:00 noon and 3:30 p.m. on December 21, and at 12:00 noon and 6:00 p.m. on June 22. The demonstration shall be made using three-dimensional modeling software or an equivalent method approved by the planning commission.

5.

The entire area between a parking deck or structure and the abutting residential district shall be landscaped with trees, shrubs, and other ornamental plant materials and shall be illustrated on a landscape plan sheet for approval by the planning commission. The plan shall be designed to provide a living buffer and natural transition from the residential lot line to the parking structure. For parking structures in excess of 25 feet tall, the landscape plan shall provide large deciduous and/or evergreen trees along the face of the parking structure as one element of the landscape plan, placed 30 [feet] out from the structure and spaced on 30-foot centers, and interspersed with a variety of ornamental shrubs. The planning commission may approve a green screen or living wall type of planting in place of this first tree row, where it finds such technique will provide equal or greater screening of the building facade than the tree planting.

6.

All equipment installed as a part of a parking deck or structure shall comply with the regulations for sound in section 2301 of this [zoning] ordinance.

7.

The side of a parking deck or structure that faces a residential district shall have a finished appearance by the application of face brick or an equivalent material approved by the planning commission. There shall be no openings in the wall of a parking deck or structure that faces a residential district, except those required by the building code or necessary to ensure public safety.

8.

Lighting fixtures and equipment for a parking deck or structure shall be designed so as not to cause glare or otherwise illuminate an adjoining residential district.

9.

The planning commission may limit the hours of operation of a parking structure where necessary to provide protection to nearby residences.

10.

Access to the structure along common lot lines abutting the residential districts shall be limited to access drives for emergency vehicles, when necessary.

b.

Where a parking structure is not adjacent to a residential district, it shall meet the height and setback requirements of the current zoning district, in addition to the following standards:

1.

In order to minimize interruptions in the pedestrian experience, structures which front upon streets located in the Central Business district shall be designed with ground floor space, liner buildings, or future building sites for retail or similar uses along the public sidewalk. The planning commission may grant a waiver from this requirement for all or part of the ground level frontage on streets determined to be outside the retail core of the downtown.

2.

In the B-1 and CBD districts, awnings, signage and other architectural elements shall be incorporated that encourage pedestrian activity and enhance the streetscape.

3.

Auto entrances shall be located to minimize pedestrian/auto conflicts.

(9)

The plan for the layout of the parking lot shall provide at least the following minimum dimensions to the pattern utilized:

Any aisle or maneuvering lane of less than 20 feet width shall be designed and designated for one-way traffic movement.

(10)

The plan for the off-street parking lot shall specify the landscaping to be installed, including the placement and specifications of landscape materials, and shall be subject to approval as part of the site plan. The parking lot shall be landscaped in accordance with the approved site plan before a certificate of occupancy is issued for use of the parking lot. However, if seasonal weather conditions present practical difficulties in the installation or completion of the landscaping, the completion thereof may be deferred for not more than six months. If the landscaping is not fully installed by that time in accordance with the approved plan, occupancy for the use of the parking lot shall be revoked by the administrative official.

The owner of the premises upon which the landscaping is located shall maintain such landscaping in good condition so as to present a thriving, neat, and orderly appearance-free from refuse and debris. All diseased and dead material shall be replaced within one year or the next appropriate planting period, whichever, comes first.

All off-street parking areas of more than 40 spaces shall incorporate and provide curbed or otherwise protected tree planting spaces to be laid out and constructed to dimensions of not less than five by ten feet, providing not less than 50 square feet of land area for each tree planting space, to be placed so as to be located in an asymmetrical manner throughout the parking area. There shall be planted and maintained, trees of a selected variety and varying in size as may be practical for planting and architectural effect, as provided pursuant to section 13, but which shall be of a minimum of 1½ inches in trunk diameter at the time of planting and shall be provided and arranged as to establish a ratio of a least one tree for each 20 parking spaces or fraction thereof.

The plan for off-street parking, except as accessory to a single-family dwelling, shall be subject to the site plan approval requirements of article 27. Parking spaces of a parking lot are prohibited within the front 20 feet depth of a lot between the principal building and the front lot line, regardless of whether that area is a required front yard.

If the off-street parking lot is intended to serve office, business or commercial use(s), the parking lot and associated driveways shall be laid out to facilitate joint usage of driveways and circulation routes with adjoining property in the same block zoned for office, business or commercial use(s), with the intent of minimizing points of driveway access to major thoroughfares, increasing efficiency and safety of traffic circulation and coordinating grades and drainage. The planning commission shall have authority to require the implementation of such joint usage of said driveways and circulation routes by appropriate legal documentation between or among the property owners.

(Ord. No. 2010-16, 7-12-2010)

(a)

On the same premises with every building, structure, or part thereof erected and occupied for manufacturing, storage, warehousing, retailing, wholesaling, or other uses involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading, and unloading services adjacent to the opening used for loading and unloading in order to avoid interference with public use of highways, streets, or alleys.

(b)

Any building(s) designed or used for retailing which have a total of more than 10,000 square feet gross floor area on one lot shall be provided with walls or other architectural elements designed and constructed as integral parts of extension of the building(s) for the purpose of visually screening the loading and unloading areas and activities and refuse storage areas, and such treatment shall require approval as part of the site plan.

(a)

The parking of motor vehicles is only allowed on parking lots meeting the requirements of section 2404, off-street parking lot layout, construction, and maintenance, except that:

(1)

Parking for one-family or two-family dwelling is subject to the requirements of section 2402(6);

(2)

Parking of vehicles in public rights-of-way is subject to the traffic code;

(3)

The temporary parking of vehicles in conjunction with on-going construction on the site is excluded from the provisions of this article 24.

a.

It shall be the responsibility of the property owner to prevent the parking of vehicles on the property in violation of subparagraph (a) above by fencing or other physical barriers approved by the administrative official. The failure of the property owner to install such physical barrier within 90 days written notice by the administrative official shall be a violation of this ordinance.

b.

The planning commission may grant a special exception for the temporary use of land for parking which does not meet the requirements of section 2404, for a specified duration, in unusual cases of temporary need, subject to such conditions on grading, drainage and traffic control as the commission shall impose.

c.

Bona fide parking lots which are legally initiated before July 25, 1977, and which have continuously served the parking needs of premises within 300 feet of the parking lot and which do not conform to the requirements of this ordinance may be continued, subject to the conditions and restrictions of article 4 on nonconforming uses.