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Watervliet City Zoning Code

ARTICLE XII

OFF-STREET PARKING AND LOADING5


Footnotes:
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Cross reference— Streets, sidewalks and other public places, ch. 38.


Section 12.01.- Purpose.

The purpose of this section is to alleviate or prevent the congestion of the public streets, and so promote the safety and welfare of the public by establishing minimum requirements for the off-street parking and loading and unloading of motor vehicles in accordance with the use to which property is put.

Section 12.02. - General provisions; parking and loading.

1.

Scope of regulations. The off-street parking and loading. provisions of this ordinance shall apply as follows:

a)

For all buildings and structures erected and all uses of land established after the effective date of this ordinance, accessory parking and loading facilities shall be provided as required by the regulations of the district in which such buildings or uses are located. However, where a building permit has been issued prior to the effective date of the ordinance and provided that construction is begun within one year of such effective date and diligently prosecuted to completion, parking and loading facilities, as required hereinafter, need not be provided;

b)

When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other unit 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. However, no building or structure lawfully erected or use lawfully established prior to the effective date of this ordinance shall be required to provide such additional parking or loading facilities unless and until the aggregate increase in units of measurement existing upon the effective date of this ordinance, in which event parking or loading facilities as required herein shall be provided for the total increase;

c)

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. However, if the said building or structure was erected prior to the effective date of this ordinance, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions in this ordinance.

2.

Existing parking and loading facilities. Accessory off-street parking or loading facilities which are located on the same lot as the building or use served which were in existence on the effective date of this ordinance or were provided voluntarily after such effective date of this ordinance shall not hereafter be reduced below or if already less than, shall not further be reduced below the requirements of this ordinance for a similar new building or use.

3.

Permissive parking and loading facilities. Nothing in this ordinance shall be deemed to prevent the voluntary establishment of off-street parking and loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, improvement and operation of such facilities are adhered to.

4.

Damage or destruction. For any conforming or legally nonconforming building or use which is in existence on the effective date of this ordinance, which subsequent thereto is damaged or destroyed by fire, collapse, explosion or other cause and which reconstructed, reestablished or repaired, off-street 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 ordinance for equivalent new uses or construction.

5.

Control of off-site parking facilities. When required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are accessory. No such off-site parking facilities shall be authorized and no occupancy permit shall be issued where the plans call for parking facilities other than on the same zoning lot until and unless the city board of appeals has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the off-site parking facilities will be maintained at all times during the life of the proposed use or building.

6.

Submission of plot plan. Any application for a building permit or for a certificate of occupancy where no building permit is required, shall include therewith a plot plan—drawn to scale and fully dimensioned—showing any parking or loading facilities to be provided in compliance with this ordinance.

Section 12.03. - Additional regulations; parking.

1.

Use of parking facilities. Off-street parking facilities accessory to residential use and developed in any residential district in accordance with the requirements of this section shall be used for the parking of passenger automobiles owned by occupants of the dwelling structures to which such facilities are accessory or by guests of said occupants. Under no circumstances shall required parking facilities accessory to residential structures be used for the parking of automobiles belonging to the employees, owners, tenants, visitors or customers of business or manufacturing establishments.

2.

Joint parking facilities. Off-street parking facilities for different buildings, structures or uses, or for mixed uses, may be provided collectively in any zoning district in which separate parking facilities for each constituent use would be permitted, provided that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use.

3.

Computation. When determination of the number of off-street parking spaces required by this ordinance results in a requirement of a fractional space, any fraction of one-half shall be counted as one parking space.

4.

Size. A required off-street parking space shall be at least ten feet in width and at least 20 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.

5.

Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. 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 movements. No driveway across public property nor curb cut shall exceed a width of 30 feet.

6.

In yards. Off-street parking spaces may be located in any yard except the required front yard in residential and commercial districts, but shall not be closer than five feet to the lot line and not less than 25 feet in an industrial district where it abuts a residential district.

7.

Street right-of-way. No person, firm or corporation shall park, deposit, leave or store any motor vehicle or tangible personal property of any type or description at any time within the right-of-way of any street within the city.

8.

Overnight parking. No vehicle shall be parked on public streets between the hours of 2:00 a.m. and 6:00 a.m.

9.

Design and maintenance.

a)

Open and enclosed parking spaces. Accessory parking spaces located on the same lot as occupied by the use served may be open to the sky or enclosed in a building. Accessory parking spaces located in a residence district elsewhere than on the same lot occupied by the use served shall be open to the sky except when otherwise allowed as a special use.

b)

Surfacing. All open off-street parking areas and driveways shall be improved with a compacted macadam base, not less than four inches thick, surfaced with asphaltic concrete or some comparable all weather dustless material.

c)

Screening and landscaping. All open automobile parking areas containing more than five parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residence district or any institutional premises by a wall, fence or densely planted compact hedge not less than four feet nor more than six feet in height. Such required screening shall conform with the front and side yard setback requirements of the district in which the parking is located.

d)

Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties in such a way as to create a nuisance.

e)

Signs. Accessory signs are permitted on parking areas.

f)

Repair and service. No motor vehicle repair work of any kind shall be permitted in conjunction with accessory off-street parking facilities provided in a residence district. In addition, the sale of gasoline and motor oil in conjunction with accessory off-street parking facilities are not permitted in any residence district.

Section 12.04. - Location of accessory off-street parking facilities.

The location of off-street parking spaces in relation to the use served shall be as prescribed hereinafter. All distances specified shall be walking distances between such parking spaces and a main entrance to the use served.

1.

For uses in a residence district. Parking spaces accessory to dwellings shall be located on the same zoning lot as the use served. Spaces accessory to uses other than dwellings may be located on a lot adjacent to or directly across a street or alley from the lot occupied by the use served, but in no case at a distance in excess of 300 feet from such use.

2.

For uses in business and industrial districts. All required parking spaces shall be within 1,000 feet of the use served, except for spaces accessory to dwelling units, which shall be within 300 feet of the use served. However, no parking spaces accessory to a use in a business or manufacturing district shall be located in a residence district, except that private, free, off-street parking accessory to such uses and municipal parking lots may be allowed by special use permit in accordance with the administrative section within 200 feet of and adjacent to any business or industrial district.

Section 12.05. - Schedule of parking requirements.

For the following uses, accessory off-street parking spaces shall be provided as required hereinafter. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time.

1.

Residential uses [shall be] as follows:

a)

One-family dwellings and two-family dwellings: Two parking spaces shall be provided for each dwelling unit.

b)

Multiple-family dwellings (including apartment hotels): Two parking spaces shall be provided for every dwelling unit. For lodging rooms located in an apartment hotel, one parking space shall be provided for each two lodging rooms. One parking space shall be provided for each employee.

c)

Motels, inns and auto courts: One parking space shall be provided for each guest or sleeping room or suite, plus one additional space for the owner or manager and each employee.

d)

Hotel: One parking space for each dwelling unit and one parking space for each lodging room shall be provided. One parking space shall be provided for each employee.

e)

Lodging[house], rooming[house] and boardinghouse: One parking space shall be provided for each lodging room plus one space for the owner or manager and each employee.

f)

Private clubs and lodges (with sleeping facilities for guests): One parking space shall be provided for each lodging room plus parking spaces equal in number to ten percent of the capacity in persons (exclusive of lodging room capacity) of such club or lodge. One parking space shall be provided for each employee.

g)

Mobile home park: Two parking spaces shall be provided for each mobile home space and for each employee.

2.

Retail and service uses [shall be] as follows:

a)

Retail stores and banks: One parking space shall be provided for each 200 square feet of floor area in excess of 2,000 square feet. Drive-in banks or other similar drive-in establishments shall provide three stacking spaces per teller or customer service window, in addition, one parking space shall be provided for each employee.

b)

Automobile service stations: One parking space shall be provided for each employee.

c)

Automobile-laundry: 20 stacking spaces shall be provided for each wash rack, plus one parking space for each employee.

d)

Bowling alleys: Five parking spaces shall be provided for each alley, plus such additional spaces as may be required herein for affiliated uses: bars, restaurants and the like. One parking space shall be provided for each employee.

e)

Establishments dispensing food or beverages for consumption on the premises: One parking space shall be provided for each 200 square feet of floor area. One parking space shall be provided for each employee.

f)

Furniture and appliance stores, household equipment or furniture repair shops: One parking space shall be provided for each 600 square feet of floor area in excess of 2,000 square feet plus one parking space for each employee.

g)

Motor vehicle sales and machinery sales: One parking space shall be provided for each 300 square feet of floor area, in addition one parking space shall be provided for each employee.

h)

Theaters (indoor): One parking space shall be provided for each four seats, in addition one parking space shall be provided for each employee.

i)

Undertaking establishments, funeral parlors: One parking space for each 50 square feet of gross floor area or part thereof plus one space for each employee and funeral vehicle kept on the premises.

3.

Offices—business professional and governmental: One parking space shall be provided for each 200 square feet of floor area, in addition one parking space shall be provided for each employee.

4.

Medical or dental clinics: Eight parking spaces shall be provided for each doctor or professional person, in addition one parking space shall be provided for each employee.

5.

Wholesale establishments (but not including warehouses and storage buildings other than accessory): One parking space shall be provided for each 600 square feet of floor area in excess of 4,000 square feet, in addition one parking space shall be provided for each employee.

6.

Manufacturing uses or any establishments engaged in production, processing, cleaning, servicing, testing or repair of materials, goods or products: One parking space shall be provided for each employee, plus one parking space for each vehicle used in the conduct of the enterprise.

7.

Warehouses and storage buildings: One parking space shall be provided for each employee plus one space for each vehicle used in the conduct of the enterprise.

8.

Community service uses [shall be] as follows:

a)

Auditoriums: One parking space shall be provided for each three auditorium seats. Adequate space shall also be provided for buses used in connection with the activities of the institution, and all loading and unloading of passengers shall take place upon the premises.

b)

Colleges, universities, and business, professional and trade schools: One parking space shall be provided for each three employees and one parking space shall be provided for each four students based on the maximum number of students attending classes on the premises at any one time during any 24-hour period.

c)

Health centers, government-operated: Eight parking spaces shall be provided for each doctor or professional person, in addition one parking space shall be provided for each employee.

d)

Hospitals: One parking space shall be provided for each two hospital beds, plus one parking space for each employee (other than staff doctors) plus one parking space for each doctor assigned to the staff.

e.)

Libraries, art galleries and museums—public: One parking space shall be provided for each 1,000 square feet of gross floor area.

f)

Schools—nursery and elementary: One parking space shall be provided for each employee.

g)

Schools—high, public or private: One parking space for each seven students based on the maximum number of students that can be accommodated with such design capacity of the building.

9.

Places of assembly [shall be] as follows: Stadiums, arenas, auditoriums, (other than church, college or institutional schools), convention halls, exhibition halls, skating rinks and other similar places of assembly): parking spaces equal in number to 40 percent of the capacity in persons shall be provided, in addition one parking space shall be provided for each employee.

10.

Miscellaneous uses [shall be] as follows:

a)

Institutions for the care of the insane or feeble minded: One parking space shall be provided for each staff doctor, plus spaces adequate in number—as determined by the zoning administrator—to serve the visiting public.

b)

Private clubs, lodges (without sleeping facilities for guests): Parking spaces equal in number to 25 percent of the capacity in persons shall be provided.

c)

Rest homes and nursing homes: One parking space shall be provided for each four beds, plus one parking space for each two employees, (other than staff doctors), plus one parking space for each doctor assigned to the staff.

d)

Sanitariums, convalescent homes or institutions for the aged or for children: One parking space shall be provided for each four beds plus one parking space for each employee (other than staff doctors), plus one parking space for each doctor assigned to the staff.

e)

Theatres—automobile drive-in: Reservoir parking space equal to ten percent of the vehicle capacity of such theatres shall be provided.

f)

For the following uses—parking spaces shall be provided in adequate number—as determined by the board of appeals, to serve persons employed or residing on the premises as well as the visiting public:

Airports or aircraft landing fields, heliports;

Convents and monasteries;

Crematories or mausoleums;

Fraternal or religious institutions;

Municipal or privately owned recreation buildings or community center;

Outdoor amusement establishments: fairgrounds; permanent carnivals; kiddie parks; and other similar amusement centers;

Rectories and parish houses;

Swimming pools;

Tennis courts.

11.

Mixed uses: When two or more uses are located on the same zoning lot within the same building, parking spaces equal in number to the sum of the separate requirements for each such use shall be provided. No parking spaces or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the city's board of appeals.

12.

Other uses: For uses not listed heretofore in this schedule of parking requirements, parking spaces shall be provided on the same basis as required for the most similar listed uses, or as determined by the board of appeals.

Section 12.06. - Additional regulations; off-street loading.

For every building or addition to an existing building hereafter erected to be occupied by manufacturing, storage, display of goods, retail stores or block of stores of over 10,000 square feet, wholesale stores, markets, hotels, hospitals, funeral homes, laundromats, dry cleaners, restaurants or other similar uses requiring the receipt or distribution in vehicles of materials or merchandise, there shall be provided off-street loading spaces.

1.

Location. All required loading spaces shall be located on the same zoning lot as the use served. No loading space for vehicles over two tons capacity shall be closer than 50 feet to any property in a residence district unless completely enclosed by a building, wall or a uniformly painted solid fence or wall or any combination thereof, not less than six feet in height. No permitted or required loading space shall be located within 25 feet of the nearest point of intersection of any two streets.

2.

Number. Off-street loading spaces shall be required in relation to floor area as follows:

a)

Up to 20,000 square feet—1 space;

b)

20,001 - 50,000 square feet—2 spaces;

c)

50,001 - 100,000 square feet—3 spaces;

d)

One additional space for each additional 100,000 square feet or fraction thereof.

3.

Size. Unless otherwise specified, a required loading space shall be at least ten feet in width by at least 60 feet in length, exclusive of aisles and maneuvering space, and shall have a vertical clearance of at least 14 feet.

4.

Access. Each required off-street loading space shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.

5.

Surfacing. All open off-street loading spaces shall be improved with a compacted macadam base, not less than eight inches thick, surfaced with not less than three inches of asphaltic concrete of some comparable all-weather dustless material.

6.

Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence or business districts.

7.

[Space requirements.] Space allocated to any off-street loading space shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

8.

[Special uses.] For special uses other than prescribed for herein, loading spaces adequate in number and size to serve such uses, as determined by the zoning board of appeals, shall be provided.

9.

[Off-street loading space.] Uses for which off-street loading spaces 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 off any adjacent alley, service drive, or open space on the same lot which is accessible by motor vehicle.