§ 214.225 PURPOSE.

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



§ 214.226 GENERAL PROVISIONS.

The off-street parking and loading provisions of this chapter shall apply as follows:

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

(B) Increase in intensity of use of building, structure or premises. When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required off-street parking, landscaping, or loading facilities; parking, landscaping, and loading facilities as required herein shall be provided for such increase in intensity of use.

(C) Changes in use of building or structure. Whenever the existing use of a building or structure shall be changed hereafter to a new use, parking, landscaping, or loading facilities shall be provided as required for such new use. However, if such building or structure was erected prior to the effective date of this chapter, additional parking, landscaping, 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, landscaping, and loading provisions of this chapter.

(D) 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 and which were in existence on the effective date of the chapter or were provided voluntarily after such effective date shall not hereafter be reduced below, or if already less than, shall not further be reduced below, the requirements of this chapter for a similar new use or building.

(E) Permissive parking, landscaping, and loading facilities. Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking, landscaping, 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.

(F) Damage or destruction. For any conforming or legally non-conforming use or building which is in existence on the effective date of this chapter, which subsequent thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or repaired, off-street parking, landscaping, 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, landscaping, or loading facilities in excess of those required by this chapter for equivalent new uses or construction.

(G) Prohibited uses of parking areas. The storage of materials or goods in required parking spaces are prohibited.

(H) Submission of plot plan. Any application for permit or for certificate of zoning compliance where no permit is required, shall include therewith a plot plan, drawn to scale and fully dimensioned, showing any parking, landscaping, or loading facilities to be provided in compliance with this chapter.



§ 214.227 LOCATION OF ACCESSORY OFF-STREET PARKING FACILITIES.

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

(A) 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 three hundred (300) feet from such use.

(B) For uses in business or Industrial districts. All required parking spaces shall be within one thousand (1,000) feet of the use served, except for spaces accessory to dwelling units which shall be within three hundred (300) feet of the use served. However, no parking space accessory to a use in a business or industrial district shall be located in a residence district.



§ 214.228 ADDITIONAL PARKING REGULATIONS.

Off-street parking facilities shall be subject to the following additional parking regulations:

(A) 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, §§ 72.01, 72.24 and 72.99, shall be used solely for the parking of passenger vehicles, recreational vehicles, boats, and similar equipment, owned by occupants of the dwelling structures to which such facilities are accessory or by guests of such occupants. Under no circumstances shall required parking facilities accessory to residential structures be used for the parking or storage of commercial vehicles or for the parking of automobiles belonging to employees, owners, tenants, visitors or customers of business or industrial establishments.

(B) 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.

(C) Computation. When the determination of the number of off-street parking spaces required by this chapter results in the requirement of a fractional space, only fractions of one-half (1/2) or less may be disregarded, while a fraction in excess of one-half (1/2) shall be counted as one (1) parking space.

(D) Size. A required off-street parking space shall be at least nine (9) feet in width and at least twenty (20) feet in length, exclusive of access drives or aisles, ramps, columns or office or work areas. Such space shall have a vertical distance of at least seven (7) feet.

(E) 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 movement.

(F) In yards. Off-street parking of passenger vehicles, recreational vehicles, boats, and similar equipment, required for uses permitted in residential districts, may be located in a required yard, as provided in §§ 72.01, 72.24 and 72.99. Off-street parking for permitted uses in business or industrial districts may be located in a required rear or side yard, except for the ten (10) feet adjacent to the rear or side lot line adjacent to a residential district, and in the front yard except for the ten (10) feet adjacent to the front lot line.

(G) Design and maintenance. Off-street parking facilities shall observe the following design and maintenance regulations:

(1) 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 by 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.

(2) Surfacing. All open off-street parking areas shall be improved with either a minimum of five (5) inches of portland cement or a compacted macadam or equal base, not less than four (4) inches thick, surfaced with asphaltic concrete or some comparable all-weather, dustless material.

(3) Screening and landscaping. All open automobile parking areas that contain more than four (4) parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residence district or any institutional property by a wall, fence or densely planted compact hedge not less than five (5) feet nor more than seven (7) feet in height. Such required screening shall conform with the front yard requirements of the district in which the parking is located. Any business or Industrial off-street parking area located in the front yard shall be screened from the street by a ten (10) foot planting area which will effectively screen the parked cars. The Plan Commission and Building Commissioner shall approve said landscaping plan, prior to the issuance of a building permit.

(4) Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties in such a way as to not create a nuisance.

(5) Signs. Accessory signs are permitted on parking areas.

(6) 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.

(7) Fuel sales. The sale of gasoline, diesel fuel or motor oil in conjunction with accessory off-street parking facilities is not permitted in any residence district.

(8) Floor area exemptions. When two (2) or more uses are located on the same zoning lot, only one (1) exemption in terms of floor area, as set forth in § 214.232, shall be taken.

§214.229 SCHEDULE OF PARKING REQUIREMENTS.

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

(A) Residential uses.

(1) Lodging houses. One (1) parking space shall be provided for every two (2) lodging rooms, plus one (1) space for the owner or manager.

(2) Mobile home parks. Two (2) parking spaces shall be provided on each mobile home site, plus one (1) space for the manager and each employee.

(3) Multiple-family dwellings, including apartment hotels. Two (2) parking spaces shall be provided for every dwelling unit. For lodging rooms located in an apartment-hotel, one (1) parking space shall be provided for every two (2) lodging rooms, plus one (1) space for the manager and each employee.

(4) One-family dwellings and two-family dwellings. Two (2) parking space shall be provided for each dwelling unit.

(5) Tourist courts, tourist homes and motels. One (1) parking space shall be provided for each dwelling unit or lodging room, plus one (1) space for the manager and each employee.

(6) Transient hotels. One (1) parking space shall be provided for each dwelling unit and one (1) parking space for every two (2) lodging rooms, plus one (1) space for the manager and each employee.

(B) Retail and service uses.

(1) Automobile Laundry/Car Wash. Twenty (20) stacking spaces shall be provided for each wash rack, plus one (1) parking space for each employee.

(2) Automobile Service Stations. One parking space shall be provided for every two (2) employees, plus such additional spaces required hereinafter for affiliated retail uses such as convenience store items, plus one (1) parking space for each employee.

(3) Bowling Alleys. Three (3) parking spaces shall be provided for each alley, plus such additional spaces required hereinafter for affiliated retail and recreational uses such as bars, restaurants, pool halls and the like, plus one (1) parking space for each employee.

(4) Drive-In Establishments. Six (6) stacking spaces shall be provided for each customer service window, plus one (1) parking space for each employee.

(5) Food and/or Beverage Establishments (dispensed for consumption on the premises). One (1) parking space shall be provided for every one hundred (100) square feet of floor area, excluding food preparation, mechanical, and storage.

(6) Furniture and Furniture Repair, and Household Appliance Stores. One (1) parking space shall be provided for every six hundred (600) square feet of floor area, plus one (1) parking space for each employee.

(7) Motor Vehicle Sales and Machinery Sales. One (1) parking space shall be provided for every three hundred (300) square feet of floor area, plus one (1) parking space for each employee.

(8) Private clubs and Lodges. One (1) parking space shall be provided for every two hundred (200) square feet of floor area, plus one (1) parking space for each employee.

(9) Retail Stores and Banks. One (1) parking space shall be provided for every two hundred (200) square feet of floor area. Banking drive-in facilities shall provide one (1) service space and three (3) stacking spaces per customer service window, plus one (1) parking space for each employee.

(10) Theaters (indoor). One (1) parking space shall be provided for every three (3) seats, plus one (1) parking space for each employee.

(11) Undertaking Establishments and Funeral Parlors. Fifteen (15) parking spaces shall be provided for each chapel or parlor, one (1) parking space for each funeral vehicle kept on the premises, plus one (1) parking space for each employee. In addition, not less than ten (10) automobile stacking spaces shall be provided for funeral procession assembly.

(12) Health Clubs. One (1) parking space shall be provided for every one hundred (100) square feet of floor area, excluding mechanical and storage areas.

(C) Offices - business, professional, medical, and governmental. One (1) parking space shall be provided for every three hundred (300) square feet of floor area, plus one (1) parking space for each employee. Medical offices shall provide one (1) parking space for every two hundred (200) square feet.

(D) Industrial Uses. One (1) parking space shall be provided for each employee.

(E) Establishments Engaged in Production, Processing, Cleaning, Servicing, Testing or Repair of Materials, Good, or Products. One parking space shall be provided for every two (2) employees, plus one (1) parking space for each vehicle used in the conduct of the enterprise.

(F) Warehouses and Storage Buildings. One parking space shall be provided for every two (2) employees, plus one (1) parking space for each vehicle used in the conduct of the enterprise.

(G) Community Service Uses.

(1) Church, School, College and other Institutional Auditoriums. One (1) parking space shall be provided for every three (3) auditorium seats. Adequate space shall also be provided for off-street parking of buses used in connection with events held at the auditoriums, and all loading and unloading of passengers shall take place upon the premises.

(2) Colleges, Universities, and Business, Professional and Trade Schools. One (1) parking space shall be provided for every two (2) employees and one (1) parking space shall be provided for every three (3) students based on the maximum number of students attending classes on the premises at any one time during any twenty-four (24) hour period.

(3) Health Centers, Government Operated. Three (3) parking spaces shall be provided for each staff doctor and visiting doctor plus one (1) parking space for every two (2) employees.

(4) Hospitals. One (1) parking space shall be provided for every two (2) hospital beds, plus one (1) parking space for every two (2) employees, other than staff doctors, plus one (1) parking space for each staff doctor, plus one (1) parking space for each vehicle used in the conduct of the enterprise.

(5) Libraries, Art Galleries and Museums. One (1) parking space shall be provided for every one thousand (1,000) square feet of floor area.

(6) Municipal or Privately Owned Recreation or Community Center. One (1) parking space shall be provided for every two (2) employees, plus spaces adequate in number, as determined by the Plan Commission, to serve the visiting public.

(7) Public Utility and Public Service Uses. One and one-half (1-1/2) parking spaces shall be provided for each employee, plus one (1) parking space for each vehicle used in the conduct of the enterprise.

(8) Schools, Nursery and Elementary. One (1) parking space shall be provided for each employee, plus one (1) space for every three (3) pupils, except as otherwise provided.

(9) High Schools. One parking space for each employee, plus one (1) space for every two (2) pupils, except as otherwise provided.

(H) Places of Assembly.

(1) Stadiums, Arenas, Convention or Banquet Halls, Auditoriums (other than Church, College or Institutional Schools), and other similar places of assembly. Parking spaces equal in number of fifty (50%) percent of the capacity in persons shall be provided.

(I) Miscellaneous uses.

(1) Fraternities, Sororities and Dormitories. One (1) parking space shall be provided for every five (5) active members and/or residents, plus one parking space for the manager thereof.

(2) Institutions for the Care of the Mentally Impaired and Developmentally Disabled. One (1) parking space shall be provided for every two (2) employees (other than staff doctors), plus one (1) parking space for each staff doctor, plus spaces adequate in number, as determined by the Plan Commission, to serve the visiting public, plus one (1) parking space for each vehicle used in the conduct of the enterprise.

(3) Rest Homes or Nursing Homes. One (1) parking space shall be provided for every four (4) beds, plus one (1) parking space for every two (2) employees (other than staff doctors), plus one (1) parking space for each staff doctor, plus spaces adequate in number, as determined by the Plan Commission, to serve the visiting public, plus one (1) parking space for each vehicle used in the conduct of the enterprise.

(4) Sanitariums, Convalescent Homes or Institutions for the Care of Children and the Aged. One (1) parking space shall be provided for every four (4) beds, plus one (1) parking space for every two (2) employees (other than staff doctors), plus one (1) parking space for each staff doctor, plus spaces adequate in number, as determined by the Plan Commission, to serve the visiting public, plus one (1) parking space for each vehicle used in the conduct of the enterprise.

(5) For the following uses, parking spaces adequate in number, as determined by the Plan Commission, to serve persons employed or residing on the premises as well as the visiting public.

(a) Airports and heliports.

(b) Convents and monasteries.

(c) Crematories and mausoleums.

(d) Fraternal and religious institutions.

(e) Outdoor amusement establishment, fairgrounds, permanent carnivals, kiddie parks, and other similar amusement centers.

(f) Penal and correctional institutions.

(g) Rectories and parish houses.

(h) Swimming pools.

(j) Mixed uses. When two (2) 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 of such use shall be provided. No parking space or portion thereof shall serve as the required space for more than one use unless otherwise authorized by the Board of Zoning Appeals.

(k) 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 use, or as determined by the Plan Commission.

§ 214.230 ADDITIONAL LOADING REGULATIONS.

Off-street loading facilities shall be subject to the following additional loading regulations:

(A) Location. All required loading berths shall be located on the same lot as the use served. No loading berth for vehicles over two (2) tons capacity shall be closer than fifty (50) feet to any property in a residence district unless completely enclosed by building walls, or a uniformly painted solid fence or wall, or any combination thereof, not less than six (6) feet in height. No permitted or required loading berth shall be located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets.

(B) Size. Unless otherwise specified, a required loading berth shall be at least ten (10) feet in width by at least twenty-five (25) feet in length, exclusive of aisles and maneuvering space, and shall have a vertical clearance of at least fourteen (14) feet.

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

(D) Surfacing. All open off-street loading berths shall be improved with a compacted macadam base, not less than seven (7) inches thick, surfaced with not less than two (2) inches of asphaltic concrete or some compatible all-weather, dustless material.

(E) 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 district.

(F) Space not to be used to satisfy parking facility requirements. No space allocated for any off-street loading berth shall, while so allocated, be used to satisfy the space requirement for any off-street parking facility, or portion thereof.

(G) Special uses. For special uses other than prescribed for hereinafter, loading berths adequate in number and size to serve such uses, as determined by the Plan Commission, shall be provided.

(H) Receiving facilities. Uses for which off-street loading facilities are required herein but are located in buildings of less floor area than the minimum prescribed for such required facilities shall be provided with adequate receiving facilities, accessible by motor vehicle, off any adjacent alley, service drive or open space on the same lot.



§ 214.231 SCHEDULE OF LOADING REQUIREMENTS.

For the uses listed in the following table, off-street loading berths shall be provided on the basis of gross floor area of buildings or portions thereof devoted to such uses, in the amounts shown herein.

§ 214.232 ADDITIONAL LANDSCAPING PROVISIONS.

(A) Purpose. The regulations of this subchapter are intended to provide minimum aesthetic controls through the implementation of landscaping standards which will improve community appearance and further provide a desirable environment for occupants, visitors, and the general public.

(B) Interpretation. Where the requirements imposed by any provision of the Zoning Ordinance involving landscaping, screening, buffer strips, yards, or other open space requirements are either more or less restrictive than the provisions of this chapter, the regulations which impose a higher standard or requirement shall govern.

(C) Applicability. The provisions of this subchapter shall apply to property presently zoned, or which is later zoned within the following zoning districts: PB, B1, B2, B3, I1, and I2; when either construction of a new structure, or additions or alterations to an existing structure occurs.

(D) Standards. A minimum of fifteen (15 %) percent of the site area of sites of at least one(1) acre in size shall be devoted to landscaping. The minimum required landscaped area shall be that portion of land contiguous to a public street right-of-way, and extending to a depth of ten (10) feet, excluding vehicular access ways and sidewalks. Sites which are less than one (1) acre in size may comply with the landscaping requirements by landscaping the public right-of-way, provided that right-of-way area being landscaped consists of at least fifteen (15 %) percent of the total property being improved. If the landscaped right-of-way is less than fifteen (15 %) percent, then the balance of the landscaping must be located on the lot being improved.

(E) Responsibility of landscaping in the public right-of way. On sites where landscaping of the public right-of-way complies with the provisions of this chapter, the adjacent property owner assumes full responsibility for maintenance and upkeep of the right-of-way. The owner also accepts full financial responsibility for the cost of movement, replacement, and relocation of landscaping should the town require the use of the right-of-way.

(F) Permissible landscape materials. Living trees, shrubs, vines, flowers, grass areas, ground cover, crushed rock, sand, wood chips, concrete sculptures, landscape furniture, boulder grouping, or as approved by the Plan Commission.

(G) Requirements.

(1) Landscape materials used either singly or in combination, shall not constitute more than thirty (30%) percent of the ground area to be landscaped.

(2) At least one tree shall be provided for each three hundred (300) square feet of required landscape area.

(3) No tree, measured from its center, shall be located within ten (10) feet of a street light, fire hydrant, or vehicular access way, nor within five (5) feet of a public sidewalk.

(4) At least one shrub shall be provided for each fifty (50) square feet of required landscape area.

(5) No shrub, as measured from its perimeter, shall be located within five (5) feet of a fire hydrant or vehicular access way.

(6) No permanent surfacing shall be located around the base of any tree or shrub which may impede the growth of the tree or shrub.

(H) Procedure.

For sites requiring a site plan review in accordance with §§ 214.280 through 214.284, or those approved as part of a Planned Unit Development in accordance with §§214.190 through 214.201, the landscaping plan approval shall be a part of the required procedures of these subchapters. For all other sites, the Plan Commission shall review and approve the landscaping site plan presented at a regular meeting by motion without a required public hearing.