APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\ARTICLE SEVENTEEN – OFF-STREET LOADING AND PARKING REQUIREMENTS

A.    To properly regulate the number, type and size of required off-street parking and loading spaces so as to provide for the needs of owners, occupants, suppliers, customers, or others involved in use or occupancy of any building, structural improvement or place of assembly.

B.    To enable control of curb parking to help assure the availability of street capacity for access and traffic movement

C.    To promote and protect the public health, safety, comfort convenience and general welfare.

A.    Every building or structure hereafter constructed in any district for commercial or industrial purposes requiring the receipt or distribution of vehicles (those that exceed gross vehicular weight of 10,000 lbs.) shall provide and maintain on the same lot with such building at least one off-street loading/unloading space. 

B.    There shall be a maximum of 10 loading spaces.  However, the Planning Commission may allow for more loading / unloading spaces provided that the transportation infrastructure can handle the additional traffic increase.

A.    Each loading space shall be a minimum width of 10 feet, length of 25 feet, and 14 feet in height.  There shall be provided a paved access drive at least 10 feet in width leading to the loading areas.  When in operation, loading docks may not impede the normal flow of traffic on either streets or parking areas.

No portion of a loading berth shall be located within 20 feet of a street right-of-way line or 30 feet of a pavement line or within 10 feet of any property line whichever is greatest.

A.    Off-street parking must be provided in all zoning districts.  When significant enlargements in a structure increase a structure’s existing use by 10, provisions must be examined to determine if existing off-street parking is adequate or if more will be required.

B.    The construction and renovation of certain structures and facilities must conform to the provisions of the Americans with Disabilities Act (ADA) Title III of 1990.  Structure plans for construction, alteration or remodeling permits must identify how compliance to the ADA parking and other site requirements is to be met.  Permits for new construction must comply with the entire Title III of the Act as it relates to the structure and site.

C.    All off-street parking shall meet the stall parking dimensions as set forth in Section 18-1705.

D.    All uses shall meet the required amount of spaces as set forth in Section 18-1706.

E.    All vehicle parking shall be located in accordance with the provisions of the Article.  See  Section 18-1709 for calculating parking spaces by use.

Every parking area shall be designed to meet the following minimum requirements:

A.    Off-street parking facilities should be located as hereinafter specified.  Where a distance is specified.  Such distance shall be the walking distance measured from the nearest point of the parking facility to the entrance of the building, which it is required to serve:

(1)   For one and two-family dwellings: On the same lot with the building they are required to serve.

(2)   For multiple dwellings: Not more than 200 feet from the building they are required to serve.

(3)   For commercial and institutional uses (for hospitals, sanitariums, asylums, orphanages, and rooming houses): Not more than 300 feet from the building they are required to serve.

B.    No off-street parking other than in a parking structure or in a R-1 or R-2 zoning district shall be located within 20 feet of a street right-of-way line, whichever is greater or 30 feet of a pavement line or within 10 feet of any property line whichever is greatest.

C.    Ingress and egress shall be by means of paved driveways not exceeding thirty-five (35) feet in width. Existing gravel drives in R-1 and R-2 Districts shall be allowed to continue as such when an accessory use is for storing a vehicle or the accessory use is being replaced.

D.    Each parking space shall be directly accessible to the public street or be directly accessible to a drive aisle with access to the public street. Single width driveways in residential driveways, regardless of length, shall only be counted as one parking space. 

In any residential district, off-street parking areas shall not be used for the sale of, repair, dismantling or servicing of any vehicles, equipment, materials, or supplies.

A.    When a determination of the number of off-street parking spaces results in a requirement of a fractional space, the fraction of a space shall be counted as one parking space.

B.    Collective provisions and peak parking periods: Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so furnished is not less than the sum of the separate requirements for each such use, and provided that all regulations covering the location of accessory parking spaces in relation to the use served are adhered to.  Whenever there is a common plan for parking for land held in single ownership, the amount of required parking shall consider the joint use of such space between the peak parking needs of competing land uses which may vary in times of use and season of the year to the end that all parking contained on the site or on accessory parking lots except for infrequent periods of peak use.  The off-street parking spaces required by Section 18-1706 will be increased where it is anticipated that peak parking periods will be a consistently reoccurring problem.

A.    For any single family or two family use, all off-street parking surfacing, including aisles, approaches and driveways connecting to any public street that is constructed with a curb shall be hard surfaced  with either concrete, or asphalt-concrete meeting the standards of this section in all areas within the established front yard.

B.    For any single family or two family use, any off-street parking surfacing, including aisles, approaches and driveways connecting to any public street that is constructed with a curb may be  gravel surfaced in any area that is not within the established front yard.

C.    All off-street parking surfacing, including aisles, approaches and driveways connecting to any public street that is constructed without a curb shall be hard surfaced with either concrete, or asphalt-concrete meeting the standards of this section in all areas within the road right-of-way.

D.    For any single family or two family use, any off-street parking surfacing, including aisles, approaches and driveways connecting to any public street that is constructed without a curb may be gravel surfaced on all areas that are not within the road right-of-way.

E.    For all non-residential or multi-family use, all off-street parking surfacing, including aisles, approaches and driveways shall be hard surfaced in accordance with this section.

F.    Any addition to or enlargement of any off-street parking surfacing, including aisles, approaches and driveways shall be surfaced in accordance with this section, regardless of the state of the surfacing on the existing parking being enlarged.

G.    When an existing  off-street parking surface, aisle, approach or driveway is being enlarged or expanded, the entire surface area (pre-existing and new)  shall be hard surfaced with either concrete, or asphalt-concrete meeting the standards of this section in all areas within the road right-of-way.

H.    Minimum Surfacing Standards:  For the purposes of this section, surfacing standards shall be defined as follows:

(1)   Non-Residential Development and Multi-family Residential Development: Hard surfacing shall consist of a minimum of six (6) inches asphaltic concrete on six (6) inches of compacted subgrade or six (6) inched Portland cement concrete on four (4) inches of compacted AB-3 aggregate subgrade, unless otherwise recommended by a geotechnical engineer and approved by the City Building Inspector.  Concrete reinforcing steel shall be provided for all concrete surfaces.  The reinforcing steel shall be number 4 rebar on twenty-four (24) inch centers each way, or six (6) inch by six (6) inch  W14 x W14 welded wire fabric, or as otherwise approved by the City Building Inspector.

(2)   Residential Development: Hard surfacing shall consist of a minimum of four (4) inches of asphaltic concrete on four (4) inches of compacted subgrade or a minimum of four (4) inches of steel reinforced concrete on four (4) inches of compacted AB-3 aggregate subgrade, unless otherwise recommended by a geotechnical engineer and approved by the City Building Inspector.  Concrete reinforcing steel shall be provided for all concrete surfaces.  The reinforcing steel shall be number 4 rebar on twenty-four (24) inch centers each way, or six (6) inch by six (6) inch W14 x W14 welded wire fabric, or as otherwise approved by the City Building Inspector.

(3)   All Developments: Gravel surfacing shall consist of a minimum of four (4) inches of compacted AB-3 aggregate or other aggregate material as approved by the City Building Inspector.

(4)   Compacted Subgrade: For the purposes of these regulations, compacted subgrade shall be defined as ninety-five (95) percent of the standard maximum density for the material used as determined by ASTM 698 with a tolerance of minus three (3) percent and plus two (2) percent of the optimum moisture at the maximum density as determined by the moisture density curve obtained. 

A.    The parking spaces in all off-street parking areas shall be clearly marked.  For parking lots greater than 10 spaces, the perimeter of the parking lot shall be curbed in accordance with City standards for concrete curbs. Curbs shall also protect landscape islands and other interior parking features.

B.    The use of parking planter islands is encouraged to help direct the flow of traffic and to define parking rows/columns.  No part of a vehicle shall be permitted to extend beyond the property line or into the 20 feet setback from the street right-of-way.

(1)   A minimum of 15 percent of the interior of a parking lot shall be landscaped.

(a)   The interior of a parking lot shall be calculated by multiplying the number of parking spaces by 275 sq. ft. 

(b)   Plantings required along the perimeter of a parking lot shall not be considered as part of the interior-landscaping requirement.

(c)   Landscaping and planting areas shall be reasonably dispersed throughout the parking lot.

(2)   An island is required for each 25 parking spaces.

(a)   Each island shall be landscaped with a minimum of 1 tree per 25 feet.

(b)   Islands are to be a minimum size of 100sqft for single rows and 200 sq. ft. for double rows.

C.    Islands shall be spaced in the parking lot in such a manner as to provide greenery and shade in various sections of the paved area, but may be combined into larger landscaped areas

A.    The Planning Commission may require that a parking area be screened on any side where it may adversely affect adjacent property.  It shall also meet landscape requirements as stated in Article 18-1805.

A.    Any lighting used to illuminate any off-street parking area shall be so arranged as to direct light away from any adjacent premises.  It shall also meet lighting standards as stated in Article 18.

A.    When there is a change in use of any building, or an increase in floor area or the number of employees or other units of measurement that may require an increase of parking, the Planning Commission shall review these changes and specify the number of additional parking spaces required. 

B.    However, if the additional off-street parking required does not exceed 10% of the previously provided parking facility, no additional parking shall be required.

A.    The Planning Department and the City Engineer prior to the issuance of a building permit shall approve the layout and design of all off-street parking areas. 

B.    Before approving any off-street parking plan, the Planning Department determines if it complies with the Zoning Regulations.  The engineer shall determine whether or not the spaces provided are usable and meet the standard traffic flow and storm-water design criteria.

A.    Time extension for off-street parking(

(1). Any church or nonprofit organization which is building a structure for the benefit of the community shall have a maximum of 5 years in which to complete construction for off-street parking as required by the Wellsville Zoning Regulations for any structure which is being built by funds provided by said church or nonprofit organization for community purposes.

B.    Application for extension of time to construct off-street parking

(1)   Any church of nonprofit organization that is requesting additional time to complete off-street parking shall make said request to the Wellsville Planning Commission.  The Planning Commission shall, at its discretion, determine whether the organization and the structure being built meet the requirements of being built for community purposes. 

(2)   Once the Planning Commission determines the organization is a church and/or nonprofit organization, and that the structure is being built for community purposes, than it shall decide the additional amount of time to allow said church or nonprofit organization to complete the construction of off-street parking as required by the Zoning Regulations.

C.    Bond required for enforcement of zoning regulation

(1)   The Planning Commission may at its discretion require that a bond be posted by the church or other nonprofit organization that is requesting additional time to complete construction for off-street parking.  The City of Wellsville shall hold a cash or surety bond in an amount to be decided at the discretion of the Planning Commission until the construction of the off-street parking is completed.  If the off-street parking is not completed as required by the Planning Commission, than the City of Wellsville may enforce the requirement that off-street parking be constructed as follows, to wit:

(a)   The bond which has been posted may be forfeited to the City of Wellsville;

(b)   The occupancy permit may be withdrawn from any structure on the premises not in compliance with the off-street parking requirement; or

(c)   Any other remedies which may be allowed by the Zoning Regulations to enforce the requirements for off-street parking.

A.    In lieu of actual construction of a required off-street parking lot or the initial provisions for screening, the Board may accept, in the name of the City, a corporate surety bond, cashier's check, escrow account or other like security in an amount to be fixed by the Board and conditioned upon actual completion of such improvement within a specified time.  Such securities shall be filed with the City Clerk.  The City Council may enforce such securities by all equitable means.