§ 35-399.02. Parking Lots (Noncommercial).

Surface parking lots for nonresidential uses may be permitted in residential zoning districts subject to the conditions listed below:

(a)

Special Exception Required. Notwithstanding any provision of this chapter to the contrary, the construction of any parking lot which involves the replacement, demolition, or destruction of a dwelling unit shall not be undertaken unless and until a special exception is approved by the board of adjustment. All other parking lots shall be permitted as designated in the Use Matrix.

(b)

General Requirements. The following provisions are required regardless of whether a special exception is required pursuant to subsection (a) or the Use Matrix (Tables 311-1 and 311-2):

(1)

The parking lot shall be used only for the noncommercial parking of private motor vehicles of customers and employees. All other uses, including but not limited to the following, are prohibited: (1) the sale, display, storage, repair, servicing, or dismantling of any vehicles, equipment, or merchandise; (2) the parking of vehicles awaiting repair or service; and (3) the parking of trucks over three-fourths (¾) ton capacity.

(2)

Within the single-family residential districts, noncommercial parking lots may be authorized by the board of adjustment for only those uses permitted by right or which have received special approval of the city council within these districts.

(3)

The property on which the proposed parking lot is to be located shall be platted in accordance with article IV, division 4 of this chapter.

(4)

The parking lot shall be properly graded for drainage; surfaced with concrete, asphaltic concrete, or asphalt; and maintained in good condition. The parking lot shall be kept free of weeds, litter, and debris.

(5)

Individual parking spaces shall meet the minimum size requirements of the parking standards of this chapter.

(6)

No advertising signs shall be permitted on the parking lot other than signs indicating the owner or lessee of the lot and providing parking instructions. Sign lettering shall be limited to a maximum height of six (6) inches.

(7)

With the exception of required buffers, landscaping and primary egress and ingress entry devices, no parking spaces or drives of the parking lot shall encroach within the front setback. The parking lot shall maintain a minimum setback of ten (10) feet along all other perimeters adjacent to public streets or residential zones. The board of adjustment may vary the setback as necessary to protect the residential neighborhood. Barriers shall be installed to prevent parking within the required setback areas.

(8)

Parking lot driveways shall be located so as to minimize interference with residential traffic. If a parking lot abuts two (2) streets of different classifications (e.g., collector versus local street), access shall be restricted to the street with the higher classification.

(9)

Unless specifically authorized by the board of adjustment, the parking lot shall not be used between 7:00 p.m. and 7:00 a.m. If authorized to be used at night, the lot shall be properly and adequately lighted. The standards to which the lights are affixed shall not exceed fifteen (15) feet in height and the lighting shall be confined within the boundary lines of the parking lot. The parking lot shall be provided with a gate or other sufficient barrier against vehicle entry during the hours the facility served is closed.

(10)

Landscaping. All required front, side, and rear setback areas shall be landscaped and attractively maintained. The minimum plant requirements per one hundred (100) linear feet of setback area shall include two (2) canopy trees, four (4) understory trees, and twenty (20) shrubs. In addition the setback areas shall be planted with lawn or evergreen ground cover. Plant requirements shall be applied proportionally to setback areas of less than one hundred (100) feet in length. Existing plants which meet the plant criteria may be counted toward satisfying the landscape requirement. In addition to the setback areas, an additional ten (10) square feet of landscaped area shall be provided and maintained for each parking space over twenty-five (25) spaces. This additional landscaped area shall be distributed in islands and medians throughout the interior of the parking lot and shall be protected with barriers to prevent damage from vehicles. Required landscaped areas shall be provided with either an underground irrigation system or a water connection within one hundred fifty (150) feet of all landscaping. Should the landscaping provisions of this paragraph conflict with any other landscape provisions of the UDC, the more restrictive of the regulations shall apply.

(11)

In addition to required landscaping and buffers, the parking lot shall be provided with a masonry wall ("masonry" for the purpose of this section is defined as brick, rock, stucco, concrete block, poured concrete wall, precast concrete wall, precast masonry units or combination of the foregoing) or other adequate screening not less than three (3) feet nor more than six (6) feet in height at all lot lines fronting upon or adjoining a residential district. However, the board of adjustment may require such masonry wall or other adequate screening at points other than the property line if it determines such location provides more protection to the neighborhood. The screening or masonry wall shall in all cases surround the parking lot. On a corner lot, the wall or screening shall be erected in back of the area designated by this chapter for corner visibility. Wheel guards shall be installed and maintained above ground at all such walls or screening to prevent vehicles from making contact with the walls or screening.

(12)

Application for a noncommercial parking lot shall be filed by the owner, lessee, or authorized agent with the department of planning and development services. The application shall be accompanied by a site plan drawn to scale depicting the parking lot layout, proposed driveways, and all construction materials and landscaping.

(13)

Granting of a special exception for a noncommercial parking lot shall be for a definite period of time not to exceed four (4) years, and only after notice and a public hearing as provided in this article for appeals to the board of adjustment. In granting a special exception, the board of adjustment may require the noncommercial parking lot to conform to such other conditions as the board may deem necessary to protect the character of the zoning district in which the lot is located.

(14)

Prior to actual use of a noncommercial parking lot, the owner or lessee shall obtain a certificate of occupancy from the department of planning and development services to verify compliance with the conditions of the special exception. If a certificate of occupancy is not secured within six (6) months of the date of approval, the special exception shall be null and void and have no force or effect.

(15)

Noncommercial parking lots located in a historic district or landmark site shall conform to the regulations of division 10 of this article and shall require approval of the parking lot plan from the board of review for historic districts and landmarks prior to construction.

(16)

Article V, division 6 regulations for vehicle barriers, curbs, and wheel stops shall pertain to noncommercial parking lots and driveways leading to and from noncommercial parking lots.

(Ord. No. 98697 § 4, 5 and 6) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)