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ORDINANCE NO. 2013-04 AN ORDINANCE AMENDING TITLE 10 OF THE CITY OF CODY CODE, BY ADDING A CHAPTER 20, “OFF STREET PARKING” BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, PARK COUNTY, WYOMING: Section 10-20 of the City of Cody Code is hereby established to provide as follows: Section 10-20__OFF STREET PARKING 10-20-010 Intent This chapter is intended to regulate the design, construction, use, and maintenance of public and private off-street parking facilities, so as to provide for the parking needs in the community in an efficient, coordinated, and safe manner. 10-20-020 Applicability The requirements of this chapter apply to all off-street parking within the city, whether required or voluntarily provided, except as follows. Within the downtown parking district, the use of buildings and land shall be exempt from providing up to one-hundred (100) off-street parking spaces otherwise required by this chapter. Uses in the downtown parking district that exceed this 100-space threshold shall provide off-street parking in the amount required in excess of 100 spaces. All construction requirements of this chapter, including dimensional standards and drainage control, remain applicable to off-street parking constructed in the downtown parking district after adoption of this ordinance. The downtown parking district includes all land within the downtown architectural district described in Section 9-2-2 of the City of Cody code. 10-20-030 Parking Facilities Required Off-street parking facilities shall be provided in accordance with this chapter for any building or use hereafter established, enlarged, increased in capacity, replaced, or reconstructed as follows: A) For new buildings and uses, off-street parking facilities shall be provided as required by this chapter based on the proposed use and capacity of the building. B) Any building or use that is hereafter enlarged, or increased in capacity through physical expansion or conversion of an area to a use with an increased parking demand (e.g. conversion of storage to commercial floor space, addition of dwelling units, utilization of vacant land for business purposes), shall provide parking as required for the increase in area or capacity. C) Any building or use that is replaced or reconstructed in an amount greater than 75% of the area or assessed value of the building, within any five-year time period, shall provide parking for the entire building in accordance with this requirements of this chapter for new buildings and uses. 10-20-040 Plan Review A) Plan Submittal: ---PAGE BREAK--- Before the granting of a development or building permit for any building or use requiring parking pursuant to this chapter, the applicant shall present satisfactory plans to the community development department showing how all parking and loading facilities will be provided as required by this chapter. A determination that the parking plan meets the requirements of this title and other city ordinances shall be obtained before issuance of a building permit for the project. If site plan review by the planning, zoning and adjustment board (planning and zoning board) is required, this determination is to be made by the planning and zoning board in conjunction with the site plan review. For projects not requiring planning and zoning board site plan review, administrative approval of the parking plan by the city engineer and city planner, or their designee, is sufficient, provided no variance or special exemption to the parking standards is requested. Parking facilities that are to be reconstructed or reconfigured independent of any building permit or other development approval shall be subject to the dimensional and construction standards of this chapter unless the planning and zoning board determines that physical conditions peculiar to the site prevent otherwise. New parking facilities independent of any other development approval shall likewise require plan review. Plans for reconstructed, reconfigured or new parking facilities shall be submitted for review as described in the previous paragraph. B) Plan contents: The parking plan shall be drawn to a standard dimensional scale and show all parking facilities, adjacent streets, driveway locations and widths, surfacing material(s), and as applicable, internal traffic circulation, ADA parking and loading details, proposed drainage, parking lot lighting locations and fixture details, entrance gates, fencing or screening methods, wheel stops/curbing, loading docks/bays, and other features proposed or necessary to address site-specific safety issues. C) Plan compliance: Parking improvements are to be installed and completed as shown on the approved plans prior to occupancy of the building, structure or use served by the parking facilities; provided, a performance bond in the amount of the remaining value of construction shall be provided to postpone installation of pavement or concrete work for up to one hundred fifty (150) days when cold weather precludes such work. 10-20-050 Location and Zoning Requirements. Except as specified in 10-20-070, required off-street parking facilities shall be on the same property as the building or use they serve, and the zoning of the parking facilities shall either be in the same zoning district, a zoning district that also permits the use served, or a zone that permits public parking facilities. (e.g. parking for a commercial use is not permitted in areas zoned residential, parking for multi-family development is not permitted in areas zoned single-family residential, parking for an industrial use is not permitted in an area zoned residential or neighborhood commercial, etc...) 10-20-060 Joint Parking Facilities, Multiple or Mixed Uses. In the case of joint parking facilities that will serve multiple or mixed uses, the number of off-street parking spaces required shall be the sum of the requirements for the individual uses computed separately, unless the planning and zoning board authorizes otherwise based on reliable data, such as a parking demand study prepared by a qualified parking consultant or engineer that justifies a reduced number. Site-specific characteristics, such as offset peak parking times/days, are to be considered when determining whether a reduction in the number of spaces is justified for joint parking ---PAGE BREAK--- facilities. 10-20-070 Off-Site Parking The planning and zoning board may authorize parking facilities located on neighboring private property to qualify as required off-street parking under the following conditions: A) The parking spaces are not required for another building, structure or use, unless joint parking is allowed pursuant to 10-20-060; B) The nearest point of the parking lot is within the following distances, as measured along the pedestrian’s path of travel, from the building served: a. One hundred (100) feet for accessory apartments, single-family dwellings, and two-family dwellings; b. Two hundred (200) feet for multiple-family dwellings, hotels, motels, and lodging facilities; c. Three hundred (300) feet for hospitals, medical offices, homes for the aged, and clubs/fraternal orders; and, d. Five hundred (500) feet for uses not otherwise specified above. C) A legally binding long-term agreement, typically a minimum of 10 years, for the off-site parking, in a form and with conditions acceptable to the city planner, city attorney and planning and zoning board, is entered into between the affected property owner(s) and recorded in the office of the county recorder. An agreement shall be required regardless of whether the neighboring property is owned by a different or same property owner as the use requiring the parking. D) If the off-site parking is no longer available for any reason, including but not limited to expiration or termination of the parking agreement, then the certificate of occupancy may be revoked pursuant to section 10-20-120, and the property owner shall be subject to such other penalties as provided in this Title. 10-20-080 Parking Lot Design and Construction Standards Off-street parking facilities shall be designed and constructed to the following standards: A) The parking facilities must have adequate ingress, egress, and internal circulation and shall provide the number of off-street spaces required under Section 10-20-090, as determined by the reviewing official specified by section 10-20-040(A) . B) All off-street parking spaces must be entirely outside of the public street right- of-way and required sight-distance triangles. C) As required by the International Building Code, handicap accessible (ADA) parking space(s), loading areas, and travel ways from the ADA space to the building, shall be provided in accordance with adopted ADA standards. Required ADA parking spaces count towards the number of spaces required by Section 10-20-090. D) Entrances/Exits: The city engineer shall determine and specify the locations, widths, and designs of all approaches to and from all city streets. The parking lot designer and city engineer shall consider and apply appropriate access management techniques consistent with professional engineering practices, such as those found in the Access Management Manual, (2003 or current edition, Transportation Research Board), to preserve street capacity, minimize safety issues, and minimize future costs to the city. The access management requirements of the city engineer shall be incorporated in the parking lot/access design; provided, any appeal to such requirements from the applicant may be presented to the planning, zoning, and adjustment board for a ruling. For access to state highways, access management techniques shall be determined through consultation and permitting with WYDOT prior to City approval of the parking plan. (see also WYDOT Access Manual, 2005 or current edition) ---PAGE BREAK--- E) Parking areas for civic, commercial, and industrial uses that will be utilized outside of daylight hours shall be provided with illumination. All parking lot lighting shall be designed and installed such that illumination will be directed away from any neighboring residential properties and shall be directed downward by utilizing full cut off or fully shielded fixtures. F) Parking spaces and aisles shall have a vertical clearance of at least seven feet. G) Tandem Configuration: Single-family residential (attached or detached), two- family residential (duplex), and family daycare home uses may utilize a tandem (one vehicle directly behind the other) parking configuration and have both spaces count toward the required number, so long as both tandem spaces are designated to serve the same dwelling unit. Tandem parking space configuration shall not be permitted for off-street parking required of any other type of use. H) Parking lots containing five or more required spaces shall be designed and constructed to the following minimum standards: 1. Surfacing. Parking spaces, drives, and aisles shall be constructed of either concrete, asphalt concrete pavement, recycled asphalt, asphalt millings, compacted gravel meeting WYDOT “Grading GR” or “Grading W” specifications, or other functionally comparable materials approved by the Planning and Zoning Board. Base material in a depth suitable for the traffic anticipated to utilize the facility, including emergency vehicles, shall also be provided. ADA spaces must be concrete or asphalt concrete pavement. 2. Entrance: Commercial development, industrial/light-industrial development, and multi-family developments that are access directly from a state highway or street classified as an arterial or major collector shall have a paved entrance/exit extending from the curb cut (face of curb, or edge of the roadway pavement in areas without curbing), to a point at least twenty-five (25) feet from the public street, measured along the direction of travel. 3. Back Out Prohibited. Off-street parking for commercial, industrial, civic, and multiple-family development shall be designed so as to make it unnecessary for a vehicle to back out into an arterial or collector street. Backing into alleys is acceptable. 4. Hard-surfaced parking areas shall use paint, curbing, or similar improvements to delineate car stalls. Painted parking lot stripes and directional markings must be white or yellow. 5. Parking areas of gravel or similar material shall use wheel stops/parking stops to delineate car stalls, and signage as necessary for the direction of traffic. The wheel stops/parking stops may be pre-manufactured stops (typically made of concrete, rubber, or composite material), 6-inch tall treated wood timbers, or other functionally comparable items approved by the Planning and Zoning Board. 6. Wheel stops or parking blocks shall be provided next to sidewalks and pedestrian aisles when necessary to prevent vehicle overhang from reducing the sidewalk or pedestrian aisle to less than four feet in width. When determining possible encroachment into the sidewalk or pedestrian aisle, an overhang of 2.0 feet is to be assumed for 90-degree parking, 1.7 feet for 60- degree parking, 1.6 feet for 45-degree parking, and 1.0 feet for 30-degree parking. The wheel stops/parking stops may be pre-manufactured stops, 6- inch tall treated wood timbers, or other functionally comparable items approved by the Planning and Zoning Board. 7. Primary access gates located next to an arterial or collector street shall be set back sufficiently from the public street to allow an appropriate design vehicle to completely pull off the street before having to stop to open or close the gate. 8. Parking areas situated within twenty (20) feet of a neighboring residence shall provide a visual screen as defined in Title 10, or functionally ---PAGE BREAK--- equivalent vegetative screen, as necessary to prevent headlight glare disturbance to the occupants of the neighboring residence. 9. When off-street parking is provided to the rear of a building, and a driveway or lane alongside the building provides access to the rear parking area, such driveway shall be a minimum of twelve (12) feet wide and a minimum four- foot wide walkway must be installed adjoining the building. 10. Dead-end one-way parking aisles shall not be permitted. Additional back-up area or turnaround area shall be provided at the end of two-way dead-end parking aisles. 10-20-090 Number of Spaces Required The minimum number of parking spaces required for a use shall be according to Table 1, unless the planning and zoning board authorizes otherwise based on reliable data, such as parking data from a highly comparable facility or a parking demand study prepared by a qualified parking consultant or engineer, which justifies use of a different parking ratio. Calculations based on the following figures that result in a fraction of one-half or greater are to be rounded up, and fractional results of less than one-half may be rounded down. Area per square foot (sq. ft.) refers to square foot of gross floor area, unless noted otherwise. Table 1. Minimum number of parking spaces. CATEGORY: MINIMUM SPACES REQUIRED: RESIDENTIAL AND LODGING: Accessory Apartments, Guest Houses, and Bed and Breakfast Inns. 1.4 spaces for a 1-bedroom unit 2 spaces per 2-bedroom unit 2.25 spaces for a 3+ bedroom unit (In addition to the spaces for the main dwelling.) Congregate Care Facility 0.5 spaces per dwelling unit Hotels, Motels, and other Lodging Facilities not otherwise listed. 1.1 spaces per rentable room or sleeping unit, plus 1 space per hotel/motel vehicle (e.g. shuttle), and 0.75 spaces per employee on the maximum shift. Parking for any conference/banquet room is to be calculated separately at a ratio of one space per 150 sq. ft. Any full-service restaurant is to be calculated as a restaurant. Multiple-Family Dwellings (3 or more units in same building). 1.4 spaces per 1-bedroom unit 2 spaces per 2-bedroom unit 2.25 spaces per 3+ bedroom unit Residential Care Facility/Assisted Living 0.5 spaces per bed, plus 1 per day-shift employee Single-Family Attached (e.g. townhouse), Single-Family Detached, and Two-Family Dwellings. 2 spaces per dwelling unit CIVIC AND PUBLIC ASSEMBLY: ---PAGE BREAK--- Hospitals 4.9 spaces per bed Public Assembly, including, but not limited to, Auditoriums, Churches, and Theaters. Fixed Seats: 0.3 spaces per seat Without Fixed seats: 11.3 spaces per 1,000 sq. ft. of gross floor area, or 1 space per 45 sq. ft. of all assembly area(s) occupied concurrently, whichever is less. Schools: (The planning and zoning board may authorize public schools to count available on-street parking towards the following requirements.) Elementary Schools: 0.2 spaces per student Middle Schools: 0.2 spaces per student High Schools: 0.5 spaces per student COMMERCIAL/OFFICE/SERVICE: Auto Parts Sales 1 space per 200 sq. ft. Banks, Credit Unions, Financial Institutions 1 space per 300 sq. ft. Bar or Lounge, with or without eating facilities. 17.3 spaces per 1,000 sq. ft.; or 0.3 spaces per fixed seat where seating is fixed. Indoor and outdoor seating areas are counted. Convenience Store, without gas pumps. 5.7 spaces per 1,000 sq. ft. Daycare Center 3.5 spaces per 1,000 sq. ft.; or 0.2 spaces per child, whichever is less. Discount Store, freestanding. 1 space per 200 sq. ft. Drugstore/Pharmacy 5.4 spaces per 1,000 sq. ft. Furniture, Carpet, Tile, Home Furnishing Showrooms/Stores. 2.3 spaces per 1,000 sq. ft. Gas Station With convenience store: 0.75 spaces per fueling position, in addition to fueling spaces. Without Convenience Store or Service Station: 1 per on-site employee. Laundromat 0.5 spaces per washing machine, plus 1 per employee. Medical and Dental Offices 1 space per 250 sq. ft. Office Supply Store 1.2 spaces per 1,000 sq. ft. Professional Offices, General. 4 spaces per 1,000 sq. ft. Restaurant, Fast Food With Drive-thru: 15.2 spaces per 1,000 sq. ft., or 0.6 spaces per fixed seat where seating is fixed. Without Drive-thru: 12.7 spaces per 1,000 sq. ft. Indoor and outdoor seating areas are counted. ---PAGE BREAK--- Restaurant, Sit Down 14.3 spaces per 1,000 sq. ft.; or 0.5 spaces per fixed seat where seating is fixed. Indoor and outdoor seating areas are counted. Retail Establishments; including Appliance, Clothing, Hardware, Housewares, Specialty Items, Sporting Goods, and other retail establishments not otherwise listed. 1 space per 300 sq. ft. Shopping Centers: 4.1 spaces per 1,000 sq. ft. for <30,000 sq. ft. of gross leasable area. 4.7 spaces per 1,000 sq. ft. for 30,000+ sq. ft. of gross leasable area. Supermarkets, up to 5,000 sq. ft. in size. 3.33 spaces per 1,000 sq. ft. Supermarkets, larger than 5,000 sq. ft. 5.8 spaces per 1,000 sq. ft. Vehicle Repair and Maintenance Services. 4 spaces per service bay, except vehicle repair/maintenance accessory to vehicle sales is 3 spaces per service bay. Vehicle Sales (New or Used) 1 space per 300 sq. ft. of office and indoor sales area. INDUSTRIAL: Light Industry, General (not manufacturing). 1.1 spaces per 1,000 sq. ft. Manufacturing 1.3 spaces per 1,000 sq. ft. Warehousing 1 space per 2,000 sq. ft. for warehouses. Mini-storage/self-storage has no parking required. 10-20-100 Dimensional Standards for Off-Street Parking A) Parking Stall Dimensions: A standard angled or perpendicular parking space on a paved or concrete surface shall measure a minimum of nine feet in width by twenty (20) feet in length. A standard angled or perpendicular parking space on a gravel or similar surface shall measure a minimum of ten (10) feet in width by twenty (20) feet in length. The minimum length may be reduced to eighteen (18) feet when an additional space of two feet is provided for the front overhang of vehicles (e.g. overhanging a curb, sidewalk, wheel stop, landscaped area or combination thereof). Any front overhang of a vehicle may not reduce the clear width of an adjacent sidewalk or ADA accessible route to less than four feet in width. The minimum dimensions for an off-street parallel parking space shall be nine feet wide by twenty-two (22) feet long. Parking lots serving a high-turnover of short duration users, such as convenience stores, grocery stores, and hardware stores should consider use of 10-foot wide stalls. Covered parking stalls (i.e. carports) are to exclude the width of any support poles/columns from the parking stall width, and all support poles/columns must be at least two feet from the back of the stall. ---PAGE BREAK--- B) Standards for Parking Rows and Aisles: Parking lot rows and aisles shall meet the following minimum dimensional requirements, as set forth in Table 2. Refer to 10-20-100(A) for which minimum stall width and length is applicable to the parking lot. Table 2: Dimensional Standards. PARKING ANGLE STALL WIDTH in Feet STALL LENGTH in Feet ROW DEPTH in Feet OFFSET in Feet Note: Sight distance requirements may increase needed offset. FRONT OVERHANG in Feet, measured perpendicular to curb. CURB LENGTH in Feet MINIMUM AISLE WIDTH 0-degrees (Parallel) 9.0 22.0 9.0 None N/A 22.0 12 Feet one-way, 24 Feet two-way. 30- degrees 9.0 18 16.8 29.1 1.0 18.0 12 Feet one-way, 24 Feet two-way. 20 17.8 30.8 None 10.0 18 17.1 30.6 1.0 20.0 20 18.7 32.3 None 45- degrees 9.0 18 19.1 19.1 1.6 12.7 13 Feet one-way, 24 Feet two-way. 20 20.5 20.5 None 10.0 18 19.8 19.8 1.6 14.1 20 21.2 21.2 None 60- degrees 9.0 18 20.1 11.6 1.7 10.4 18 Feet one-way, 24 Feet two-way. 20 21.8 12.6 None 10.0 18 20.6 11.9 1.7 11.5 20 22.3 12.9 None 90- degrees 9.0 18 18.0 None 2.0 9.0 24 Feet. 20 20.0 None None 10.0 18 18.0 None 2.0 10.0 20 20.0 None None Figure 1: Legend. 10-20-110 Off-Street Loading Facilities Outside of the downtown parking district, buildings or structures used for commercial, industrial, institutional, or warehouse purposes that regularly receive or distribute material or merchandise by truck shall provide and maintain off-street loading spaces or docks in sufficient size and number to fill the anticipated needs of the use. Loading facilities shall be designed to the following standards when located outside of ---PAGE BREAK--- the downtown parking district. A) A minimum of one off-street loading space or dock shall be provided for each 50,000 square feet of building, or portion thereof. B) No part of a truck or van using the loading space or dock may project into a public street. C) Forward motion. New loading facilities that will be accessed from an arterial or major collector street must be designed so that vehicles enter and exit the site in a forward motion. 10-20-120 Availability of Required Parking. Off-street parking facilities required by this chapter shall remain available and dedicated for parking purposes so long as the building, structure or use for which they are provided exists, unless an equivalent number of substitute off-street parking spaces is approved by the City, provided, and thereafter maintained as specified by this chapter. In the event any off-street parking facilities required in connection with any building, structure or use are at any time altered, modified, eliminated, or otherwise changed in a manner that they are not available and dedicated for parking purposes to the extent required, the planning, zoning and adjustment board shall direct the building official to revoke and cancel the certificate of occupancy for such building, structure or use after holding a hearing. At least ten (10) days written notice of the time, place and purpose of the hearing shall be mailed to the owner or other person occupying the same as shown on the records of the city clerk. Provided, that if it appears that the failure to maintain such required parking was reasonably beyond the control of the person required to maintain the same, no certificate of occupancy shall be revoked until such person shall have had ninety (90) days to reestablish the minimum required parking. In the event any certificate of occupancy is revoked, the premises covered thereby shall not be occupied or used for any purpose until a new certificate of occupancy has been issued. 10-20-130 Variances Variances to the requirements of this chapter are to be considered under the Special Exemption process of Section 10-14-2, Special Exemptions. This Ordinance shall become effective at the final passage and publication in the Cody Enterprise as required by law. PASSED ON FIRST READING: February 5, 2013 PASSED ON SECOND READING: February 19, 2013 PASSED ON THIRD READING: March 5, 2013 Nancy Tia Brown, Mayor Attest: Baker Administrative Services Director