||Planning and Zoning Code- Section 40
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SECTION 40 OFF-STREET PARKING AND
OFF-STREET LOADING REGULATIONS
40.01 PURPOSE- The development and execution of a
comprehensive Zoning Code are based upon the division of the City into zones,
within which the use of land and structure and the bulk and location of
structures in relation to the land are substantially uniform. It is recognized,
however, that off-street parking and off-street loading requirements are
necessary in order; to relieve congestion so that the street can be utilized
more fully for the movement of vehicular traffic; and to promote the safety and
convenience of pedestrians; and to protect adjoining residential area; and to
promote the objectives of the Plan of Development of the City.
PROVISIONS FOR OFF-STREET PARKING AND OFF-STREET LOADING SPACE- No land shall be
used, occupied, no structure shall be erected, constructed, reconstructed,
altered, or used and no use shall be operated unless the off-street parking and/or
loading space herein required is provided in at least the amount and maintained
in the manner herein set forth; provided, however, that off-street parking
and/or loading space need be neither provided nor maintained for land,
structures or uses, actual uses, occupied and operated on the effective date,
such land, structures or uses are enlarged, expanded, or altered so as to
require a greater amount of off-street parking and/or loading space not required
to be furnished by reason and new uses shall not be used, occupied or operated
unless there is provided the required sum of off-street parking and/or loading
space required therein. Parking spaces reserved for handicapped persons shall be
as near as possible to the building entrance or walkway.
40.03 DEVELOPMENT AND
MAINTENANCE STANDARDS- Plans and design standards for areas to be used for
off-street parking and/or loading space shall be in conformity with the
40.04 QUANTITY OF PARKING SPACES- The
quantity of parking spaces shall be in accordance with this Section. The number
of parking spaces reserved for the handicapped shall be the number of accessible
spaces required in the State Building Code. Special size and arranged parking
spaces may be proposed for employees of land-users.
- 40.03.01 PARKING SPACE AREA- Automobile parking spaces shall not be
less than nine (9) feet in width and eighteen (18) in depth, except in
Industrial Zones where the width may be eight (8) feet. Special size and
arranged parking spaces may be proposed for employees of land-users. In
addition, there shall be provided adequate interior driveways and entrance and
exit driveways to connect each public parking space with a public right-of-way.
Parking spaces reserved for handicapped persons shall not be less than twelve
(12) feet wide.
- 40.03.02 SURFACE- All such off-street parking and/or loading
facilities shall be so drained as to prevent damage to abutting properties or
public street and shall be constructed of asphalt or other such materials
acceptable to the Public Works Department and the Commission which will have a
surface reasonably resistant to erosion. Driveway ramps between the curb and
sidewalk shall be constructed of reinforced concrete. All workmanship shall be
accordance with details and specifications of the Public Works Department.
(Amended effective 8/215/95).
- 40.03.03 CURBING- All parking and/or loading spaces shall be
separated from walkways, sidewalks, streets or alleys by curbing. Any parking
area providing parking spaces for more that one hundred (100) automobiles shall
be separated by curbing and/or landscaped areas at least fifteen (15) feet in
width and each area thus created shall not contain more than one hundred (100)
- 40.03.04 INTERIOR DRIVEWAYS- Interior driveways shall be at least:
- Twenty-four (24) feet wide when used with seventy (70) to ninety (90) degree
angle parking. Two (2) way traffic circulation shall be permitted in twenty-four
- Eighteen (18) feet wide when used with forty-six (46) to sixty-nine
(69) degree angel parking. One (1) way traffic circulation shall be permitted in
eighteen (18) foot lanes.
- Fourteen (14) feet wide when used with parallel to
forty-five (45) degree angle parking. Only one (1) way traffic circulation shall
be permitted in fourteen (14) foot lanes.
- 40.03.05 ENTRANCE AND EXIT- Entrance
and exit driveways shall not be less than fifteen (15) feet wide nor more than
twenty-five feet (25) wide and shall be separately provided whenever possible,
except where such driveways are provided for one (1) or two (2) family
dwellings, such minimum width shall be nine (9) feet.
- 40.03.06 MARKING- Each
parking space shall be clearly marked and pavement directional arrows or signs
provided wherever necessary. These markers shall be properly maintained to
insure their maximum efficiency. Parking spaces reserved for handicapped persons
shall be clearly identified.
- 40.03.07 BUFFER BETWEEN DIFFERENT LAND USES- When a
new land-use (including different housing types) is proposed to be located
adjacent to an existing use there shall be a ten (10) foot landscaped buffer
strip at the edge of the new site in addition to any required yards. The new use
shall be screened from the abutting existing use by: (a) hedges or coniferous
planting having a height of at least four (4) feet at the time of planting, not
more than two (2) feet on center or (b) solid fencing at least six (6) feet in
height or a combination of these as shown and approved on the site plan.
- 40.03.08 LIGHTING- Adequate lighting shall be provided if the parking facilities
are used at night. If the parking facilities abut residential land, the lighting
shall be installed and arranged so as not to reflect or cause glare onto the
abutting residential land.
- 40.03.09 TWO OR MORE USES- Requirements for the
provisions of parking facilities with respect to two (2) or more property uses
of the same or different types, may be satisfied by the permanent allocation of
the requisite facility, cooperatively established and operated, provided that
the number of spaces designated is not less than the sum of individual
requirements and provided further that the specifications in regard to location,
plan etc. are complied with.
- 40.03.10 JOINT USES- Land or buildings used for two
(2) or more purposes, the number of parking spaces required shall be the sum of
the requirements for the various individual uses, computed in accordance with
this paragraph; parking facilities for one (1) use shall not be considered as
providing the required parking facilities for any use, except as provided in
Section 40.04.26. (Effective 8/l/84.)
- 40.03.11 BACKING OUT- All parking or
loading areas that make it necessary for vehicles to back out directly into a
public road are prohibited, provided that this prohibition shall not apply to
off-street parking areas of one-family and two-family dwellings.
OBSTRUCTION- All parking or loading areas shall be constructed so that no part of
parked vehicles will extend beyond the parking space so as to obstruct walkways,
sidewalks, streets or alleys.
- 40.03.14 RIGHT-OF-WAYS- No land within any public
right-of-way shall be used in computing the parking or loading area for a
- 40.03.15 COVERED AREAS- All garages or other spaces allocated for
parking of vehicles within buildings or in basements or open spaces on the roofs
of buildings shall be considered part of the required parking or loading area
and may be included as such in computing the quantity of space outlined in this
- 40.03.16 COMPUTATION OF EMPLOYEES- For the purpose of this section, the
number of employees for a use, shall be computed on the basis of the employees
on the large shift.
- 40.03.17 OTHER USES- No parking area shall be used for sale,
repair, dismantling or servicing of any vehicles, equipment, materials or
- 40.03.018 SLOPE- Whenever possible, parking areas and lots shall be
level except for necessary drainage purposes. The maximum permissible slope for
any parking area shall be seven (7) percent. If parking spaces are provided in
areas which exceed five (5) percent slope, all such spaces shall be parallel to
the contour lines of the parking area.
||One (1) parking space for each gasoline pump, waste
room, grease break, or similar service area and one (1) parking space for each
two (2) employees.
||AUTOMOBILE REPAIR AND SERVICE STATION
parking space for each one hundred (100) sq. ft. of floor area of the shop or
garage and one (1) parking space for each two (2) employees.
MEDICAL OR DENTAL
||One (1) parking space for each two hundred (200) sq. ft. of
floor area plus one (1) space for each doctor plus one (1) space for each three
||COMMERCIAL ESTABLISHMENTS DEVOTED TO RETAIL SALES,
TRADE, MERCHANDISING OR SIMILAR USE. This requirement shall not apply to the
Central Business District Commercial Zone.
||One (1) parking
space for each three hundred (300) sq. ft. of gross building area per floor.
||CIVIC CLUBS, PRIVATE CLUBS, LODGES, AND SIMILAR USES
||One (1) parking
space for each fifty (50) sq. ft. of gross building area per floor.
||One (1) parking space for each two (2) students.
||One (1) parking space for each two (2) employees,
including teachers and administrators, plus sufficient off-street space for safe
and convenient loading and unloading students, plus additional facilities for
student parking, taking into consideration the total number of students driving
automobiles, and the requirements for stadium, gymnasium and auditorium use.
||ELEEMOSYNARY (Charitable) AND PHILANTHROPIC INSTITUTIONS
||One (1) parking space
for each two (2) employees, plus such additional facilities for the residents
and visitors, as the Commission shall deem necessary.
parking space for each one thousand (1,000) square feet of floor area, plus one
(1) space for each participating staff doctor, plots one (1) space for each five
||HOUSING FOR ELDERLY
||One (1) space per bedroom and one (1) visitor space every five (5) units
(Amended effective 2/10/95)
||INDUSTRIAL OR MANUFACTURING ESTABLISHMENT
a. Industrial or Manufacturing Establishment
|One (1) parking space for each two (2) employees plus additional parking
for customers. However, no use in this category shall have less than three (3) spaces or
less than one (1) space for every 500 sq. ft. og gross building area.
||One (1) parking space for each two (2) employees plus additional
parking for customers. However, no use in this category shall have less than three
(3) spaces or less than (1) space for each 1,500 sq. ft. of gross building area.
(Amended eff. 7/31/01
||MORTUARY OR FUNERAL PARLORS
||One (1) parking space for each fifty (50)
sq. ft. of assembly space and one (1) space for each two employees.
||MOTEL, TOURIST HOME CABIN, HOTEL, APARTMENT
||One (1) parking space for each guest
room, cabin or suite, and one (1) parking space for each two (2) employees.
||MULTIPLE-FAMILY DWELLING (Including former category of Housing for Elderly)
||One or fewer bedrooms - 1
Two bedrooms -
Three or more bedrooms - 2
Building or buildings, parking spaces driveways and other vehicular ways shall not in
their total area exceed more than forty (40) percent of the lot area.
Commission specifically retains the right to require additional visitor and overflow
parking as deemed necessary based on the site characteristics.
(Section Amended eff. 11/1/02 and 5/27/14)
||OFFICE BUILDINGS, PROFESSIONAL BUILDING OR SIMILAR
||One (1) parking space for each three hundred (300) sq.
ft. of gross floor area.
||ONE FAMILY AND TWO FAMILY DWELLINGS
||3 spaces per dwelling.
||ADDITIONAL LIVING UNIT IN
A BUILDING, DESIGNED AS A ONE FAMILY DWELLING
||URBAN CORE LIVING UNIT-
(Including former category of Rooming House)
|One or no bedrooms- 1.00 spaces
Two or more bedrooms- 2.00 Spaces
||RESTAURANT OR SIMILAR
PLACES DISPENSING FOOD DRINKS OR REFRESHMENTS
||One (1) parking space for each fifty (50) square feet of floor
area devoted to patron use, excluding restrooms, within the establishment, and one
(1) parking space for each eighty (80) square feet of ground area devoted to patron
use on the property outside the establishment and one (1) space for each two (2)
Included in Urban Core Living Unit
||GOLF DRIVING RANGE
(Amended eff. 10/30/93)
|Off-street parking of at least one and a half spaces for each tee box plus
one space for each employee on the longest shift.
(Amended eff. 10/30/93)
ASSEMBLY FOR CULTURAL, ENTERTAINMENT AND/OR RECREATIONAL USES
||One (1) parking
space for each three hundred (300) sq. ft. of gross building area per foot. Add
plus one space for each four seating capacity. (Effective 4/30/87.)
||CHILD CARE FACILITY
||One (1) space for each two (2) staff (including teachers,
administrators, and voluntary aides) plus one (1) space for each eight (8)
enrollees of licensed capacity.
||CARE/NURSING HOME, COMMUNITY RESIDENTIAL
||One (1) space for each 300 sq. ft. of gross building area per
floor up to six (6) spaces. Thereafter One (1) space for each 1,000 sq. ft. or
part thereof of gross floor area per floor. This requirement shall not apply in
the B-1 zone.
||CONFERENCE CENTER COMPLEX
||One (1) space for each guest
room in the hotel, plus (1) space for each two (2) employees located on the
site, plus one (1) space for each fifty (50) square feet of restaurant
dispensing food, drinks or refreshments calculated on the floor area devoted to
patron use within the establishment, excluding restrooms. Parking spaces for
uses such as ballroom functions, within the Conference Center Complex, whose
peak attendance will be at night or on weekends, may be provided by the use of
off-street parking facilities on the same or an adjacent lot, which also serve
to satisfy parking requirements for daytime and non-weekend uses such as office
building. (Effective 8/1/84.)
||ALL OTHER USES NOT MENTIONED OR
VARIATIONS OF LISTED USES
||The minimum number of parking spaces required shall be
determined by the Planning and Zoning Commission to be needed to prevent
frequent parking on the street. Where the parking spaces the decision of said
Commission shall be based upon 1) standards set forth herein for uses with
similar characteristics and 2) previous experience with similar uses and 3) the
staff's recommendations based on research about similar uses in Middletown and
surrounding communities. (Added 4/15/91.)
||INDOOR RECREATIONAL FACILITY
||200 (Two hundred) parking spaces. The
Commission reserves the right to adjust the parking requirements up or
down dependent on the size of the facility and the anticipated intensity
of the uses. (Added effective 10/13/06.)
||one (1) space per employee on
the major shift. (Added effective (3/15/15)
40.05 DEVELOPMENT STANDARDS FOR
OFF-STREET LOADING SPACES- Plans and design standards for areas to be used on
off-street loading spaces shall conform to the following:
- 40.05.01 LOADING AREA-
Each off-street parking space shall be at least fourteen (14) feet wide; have a
vertical clearance of at least, fifteen (15) feet; and shall be at least
thirty-three (33) feet in length; or as determined by the Commission.
LOCATION- Off-street loading spaces shall not be located between the building
line and the street line (front yard).
- 40.06 QUANTITY OF LOADING SPACES- The
quantity of loading spaces shall be in accordance with the following:
USES WHICH ARE PRIMARILY CONCERNED WITH THE HANDLING OF GOODS GROSS FLOOR AREAS-
|GROSS FLOOR AREAS (Sq. Ft.)
||QUANTITY OF LOADING SPACES
|2,400 to 20,000
|20,001 to 50,000
|50,001 to 80,000
|Each Addt'l 45,000
- 40.06.02 USES WHICH ARE NOT
PRIMARILY CONCERNED WITH THE HANDLING OF GOODS GROSS FLOOR AREAS-
|GROSS FLOOR AREAS (Sq. Ft.)
||QUANTITY OF LOADING SPACES
|2,400 to 75,000
|75,001 to 200,000
|200,001 to 333,000
|Each Addt'l 150,000
- 40.06.03 When one establishment has
two or more distinct uses, such uses shall be measured separately for the
purpose of determining the quantity of spaces required.
- 40.06.04 CONFERENCE
CENTER COMPLEX- A conference Center Complex shall require one (1) loading space.
- 40.06.05 REFUSE AND RECYCLING AREAS- All multi-family
buildings containing 4 or more dwelling units and all non-residential buildings
shall be required to have loading and/or storage areas for refuse and for
recyclable materials as required by the Middletown Code of Ordinances Section
11.17 and 11.18 as amended. (Added effective 5/9/90.)
- 40.06.06 DATA CENTER- A Data Center shall require one
(1) loading space. (Added Effective 3/15/15
40.07 DISCONTINUANCE- Once
any required parking or loading space has been established within the provisions
of this section, whether on the same lot as the structure or use to which it is
assigned or on a separate lot, such parking or loading space shall not be
discontinued if the result would be a reduction below the amount of parking or
loading required by this section. Any such discontinuance of parking or loading
space shall constitute a violation of this ordinance.
40.08 APPEALS- In any case
where off-street parking or loading space has been provided in compliance with
the standards of this section and subsequently there is a change in the use of
the property, or any other circumstances requiring that additional parking or
loading space would result in peculiar and exceptional practical difficulties to
or undue hardship upon the owner of said property, the Commission may modify the
requirement for such additional parking or loading, provided such relief can be
granted without substantial impairment of the intent or purpose of this section.