HomeMy WebLinkAboutOrdinance 3870 ORDINANCE NO. 3870
AN ORDINANCE AMENDING CHAPTER 160, ZONING,
OF THE CODE OF FAYETTEVILLE, TO REPEAL OFF-
STREET PARKING REQUIREMENTS SET FORTH IN
VARIOUS SUBSECTIONS OF SECTION 160.055 ; TO ADD
DEFINITIONS FOR " PARKING LOT " AND
"LANDSCAPING " TO SECTION 160.002; TO REPEAL
SECTION 160. 118(D)(5) SETTING FORTH REDUCTIONS
OF THE MINIMUM PARKING SETBACK REQUIREMENT;
TO REPEAL SECTION 160. 117 , OFF-STREET PARKING;
REQUIREMENTS; AND TO ADOPT STANDARDS FOR
PARKING LOT CONSTRUCTION , PARKING LOT
DESIGN, NUMBER OF SPACES - BY USE, PARKING LOT
LOCATION STANDARDS , PARKING LOT
LANDSCAPING, PERIMETERLANDSCAPING, PARKING
WAIVERS, AND NONCONFORMING PARKING LOTS.
WHEREAS, the City Council wishes to implement the 2010 Plan's policies and
recommendations with the adoption of new standards and regulations for the design, size, scale,
landscaping, screening, and location of parking lots located within the City of Fayetteville.
WHEREAS, the City Council recognizes the importance of having safe, attractive, and
adequate off-street parking lots and parking areas in appropriate locations of the City; and,
WHEREAS, the City Council wishes to address the impacts of new parking lots
encroaching into residential neighborhoods.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS :
Section 1 . That Chapter 160: Zoning, Use Units, § 160.055 Use Units, Establishment;
Listing, of the Code of Fayetteville is hereby amended to repeal the subsections listed in Exhibit
"A " attached hereto and made a part hereof.
Section 2 . That Chapter 160: Zoning, § 160.002 Definitions, of the Code of
Fayetteville, is hereby amended to add the following:
Parking Lot. An off-street, surfaced, ground level open area, for the
temporary storage of five or more motor vehicles.
Landscaping. The area within the boundaries of a given lot which consists of
planting materials, including but not limited to trees, shrubs, ground covers, grass,
flowers, decorative rock, bark, mulch, and other similar materials. At least 50% of the
landscaping area must be covered by live plant material at the time of plant maturity.
Page 2
Ordinance No. 3870
Section 3 . That Chapter 160: Zoning, § 160. 118 Buffer Strips and Screening,
subsection (D) Screening Required, (5) , of the Code of Fayetteville, is hereby repealed.
Section 4. That Chapter 160: Zoning, § 160. 117 Off-street Parking; Requirements,
of the Code of Fayetteville is hereby repealed and the following shall be inserted in its stead :
CHAPTER 160: ZONING
§ 160. 117 OFF-STREET PARKING LOT DESIGN , REQUIRED NUMBER
OF SPACES, LANDSCAPING AND LOCATION OF PARKING LOTS
WITHIN THE CITY OF FAYETTEVILLE.
A . Purpose. The regulations of this section are intended to reinforce
community standards and to promote safe and attractive parking lots for new,
redeveloped, and expanded development within the City. The size, number,
design, landscaping, and location of parking lots are regulated in order to:
1 . Provide for the safe and orderly circulation of motor vehicles
within parking lots.
2. Provide safe ingress and egress into and out of parking lots
from public and private streets.
3 . Protect adjoining properties from the adverse impacts associated
with parking lots such as noise, lighting, appearance, drainage, and effect on
property values.
4. Provide adequate areas for off-street parking and storage of
motor vehicles.
5 . Enhance the appearance of parking lots in all zoning districts.
Page 3 3870
Ordinance No.
B. Parking Lot Construction Standards
1 . Permits and Plan. For parking lots containing five (5) or
more spaces, building and grading permits and site and grading plans shall be
required prior to any initiation of work.
2 . Surfacing. Parking lots shall be asphalt, semi-permeable soil
pavers, or concrete, graded and drained to dispose of surface water into
appropriate drainage structures.
3 . Barriers. Parking lots shall be provided with wheel guards or
curbs so located that no part of a parked vehicle will extend into or over the
sidewalks, property lines, or street right-of-way.
4. Striping and marking. Parking lots spaces shall be striped to
indicate the location of the individual spaces, directional arrows shall be provided
at the entrance of aisles and entry drives, and accessible spaces shall be marked
meeting current Americans with Disabilities Act requirements. Such striping and
marking shall be in accordance with the Manual on Uniform Traffic Control
Devices.
5 . Accessibility . Accessibility for persons with disabilities in
parking lots and building approaches shall be as required by the current Americans
with Disabilities Act (see Exhibit "B") and as may from time to time be amended.
C. Parking Lot Design Standards
1 . Maneuvering. Parking lots shall be designed, maintained and
regulated so that no parking or maneuvering incidental to parking will encroach
into the areas designated for sidewalks, streets, or required landscaping except as
provided for in section (17)(1 )(b). Parking lots shall be designed so that parking
and unparking can occur without moving other vehicles. Vehicles shall exit the
parking lot in a forward motion.
2. Compact Spaces. A maximum of 35 % of the total spaces may
be compact spaces. Compact Spaces shall be marked either by marking on the
pavement or by separate marker.
Page 4
Ordinance No. 3 8 7 0
3 . Table 1 . Dimensional Requirements:
Angle (A) Type Width (B) Curb 1 way 2 Way Stall
Length Aisle Aisle Depth (E)
(C) Width (D) Width (D)
0" Standard 8 feet 22.5 feet 12 feet 24 feet 8 feet
Parallel Compact 7 . 5 feet 19.5 feet 12 feet 24 feet 7 .5 feet
300 Standard 9 feet 18 feet 12 feet 24 feet 17 feet
Compact 7 . 5 feet 15 feet 12 feet 24 feet 14 feet.
45 " Standard 9 feet 12 .5 feet 12 feet 24 feet 19 feet
Compact 7 .5 feet 10.5 feet 12 feet 24 feet 16 feet
60` Standard 9 feet 10. 5 feet 18 feet 24 feet 20 feet
Compact 7.5 feet 8.5 feet 15 feet 24 feet 16. 5 feet
900 Standard 9 feet 9 feet 24 feet 24 feet 19 feet
Compact 7 .5 feet 7 .5 feet 22 feet 24 feet 15 feet
Insert: Parking Dimension Factors illustration
4. Illumination of Parking Areas. Parking areas may be
illuminated. All lighting shall be shielded and directed away from adjoining
properties; attached to on-site buildings or fences where possible; and shall not be
excessively bright or cause a glare that would be hazardous to pedestrians or
vehicles. Only high pressure sodium lighting or energy equivalent are allowed.
5 . Parking Lot Entrances.
a. Throat Length. The length of driveways or "throat
length" shall be designed in accordance with the anticipated storage length for
vehicles to prevent them from backing into the flow of traffic on the public street
or causing unsafe conflicts with on-site circulation. General standards appear
below, but these requirements may vary according to the projected volume of the
individual driveway. These measures generally are acceptable for the principal
access to a property and are not intended for minor driveways. Variation from
these standards may be permitted for good cause upon approval of the City
Planner and City Engineer.
Page 5
Ordinance No. 3870
Table 2 : Generally Adequate Driveway Throat Lengths
Shopping Centers > 20000 GLA' 200'
(Signalized) (800 spaces)
Smaller Developments < 200,000 GLA' 75 '-95 '
(Signalized)
Unsignalized Driveways 40'-60'
GLA-Gross leasable area
Commentary: The throat lengths in table 2 are provided to assure adequate stacking space
within parking lot driveways for general land use intensities. This helps prevent vehicles from
stacking into the thoroughfare as they attempt to enter the parking lot. High traffic generators,
such as large shopping plazas, need much greater throat length than smaller developments or
those with unsignalized driveways. The guidelines here for larger developments refer to the
primary access drive. Reduced throat lengths may be permitted for secondary access drives
serving large developments.
Insert: Illustrations 58 & 59
b_ Entrances and Internal Aisle Design. The driveway
width into parking lots shall meet the following guidelines:
1 . Entrances.
a. If the driveway is a one way in or one way out drive,
then the aisle widths shall be 12' wide.
b. For two way access, each lane shall be 12' wide and a
maximum of four lanes shall be allowed. Whenever more than two lanes are
proposed, entrance and exit lanes shall be divided by a curbed, raised, landscaped
median. The median shall be 10' wide if three lanes are being proposed or 15 '
wide if four lanes are proposed.
c. Driveways that enter the major thoroughfare at traffic
signals must have at least two outbound lanes (one for each turning direction) and
shall be 12' wide, and one inbound lane 12' wide.
Page 6
Ordinance No. 3 8 7 0
2. Internal circulation drives.
a. Aisles shall be designed so that they intersect at 90" with
internal drives where practicable.
b . Aisles shall be designed to discourage cut through traffic
by use of landscape islands.
D . Standards For The Number of Spaces, By Use
1 . Off Street Parking. Off-street parking spaces shall be
required and shall conform to the requirements in Table 3 below, such
requirements shall be met at the time any building or structure is erected,
enlarged, or increased in capacity, changed in use, or any outdoor use is
established or enlarged.
2 . Maximum Number Allowed. Parking lots may contain up to
20 % more spaces than the required minimum. Any additional spaces above 20%
shall be allowed only as a conditional use and shall be granted in accordance with
§ 160. 195 "Conditions Governing Applications of Conditional Uses; Procedures"
and upon the finding that additional spaces are needed.
Table 3 . Parking Ratios
DESCRIPTION OF USE NUMBER OF SPACES REQUIRED
RESIDENTIAL
Single-family, Duplex, Triplex 2 per dwelling unit
Multi-family or Townhouse 1 per bedroom
COMMERCIAL
Auditorium 1 per 4 seats
Barber or beauty shop 2 per chair
Eating places: excluding drive- 1 per 200 square feet of floor area
throughs and restaurants
offering entertainment
Hotels and motels I per room, plus I additional space per employee
Page 7
Ordinance No. -iR 7 n
Amusement 1 per 200 square feet of floor area
Retail 1 per 250 square feet of floor area
Coin-operated laundry 1 per 3 machines
Regional antique & furniture store 1 per 500 square feet of floor area
Restaurants with entertainment 1 per 3 occupants based on current adopted Standard
Building Code, City of Fayetteville
Hospital and convalescent home 1 per bed
Gas service stations 4 per each enclosed service bay
Commercial recreation-large sites 1 per 1 ,000 square feet of site area
OFFICE
'Professional office 1 per 300 square feet of gross floor area
Sales office 1 per 200 square feet of gross floor area
PUBLIC AND INSTITUTIONAL USES NON-PROFIT COMMERCIAL
Auditorium 1 per 4 seats, provided only auditorium space is
counted in determining parking
Art gallery, library, museum I per 1 ,000 square feet of floor area
Child care center, nursery school 1 per 1500 square feet of floor area plus an area for
overflow parking.
Church 1 per 4 seats in the main auditorium, plus an area
for overflow parking or 1 space/40 square feet,
whichever is less.
College or university 1 per 500 square feet of classroom area
College dormitory 1 per sleeping room
College auditorium 1 per 4 seats
Community center 1 per 3 seats
Detention home 1 per 1500 square feet of floor area
Government facilities 1 per 500 square feet of floor area
Hospital 1 per bed
Convalescent home 1 per bed
School- elementary & junior high 1 per 1 ,200 square feet of classroom area
School- senior high 1 per 500 square feet of classroom area
Zoo 1 per 2,000 sq. ft. of land area
Parking requirements for all other public and institutional uses shall be based on
one space per four occupants, provided that only auditorium space shall be
counted in calculating parking requirements for churches, auditoriums, or group
occupancy space.
Page 8
Ordinance No. 3 8 7 0
MANUFACTURING/ INDUSTRIAL
Manufacturing 1 per 1 ,200 square feet of gross floor area or one
per employee, whichever is greater.
Heavy industrial 1 per 1 ,200 square feet of floor area
Extractive uses parking shall be adequate for all employees, trucks,
and equipment
RECREATIONAL USES
Golf course 3 per hole
Park 2 per acre
Playfield, playground none
Private club or lodge 1 per 500 square feet of floor area or one per 3
occupants based on the current adopted Standard
Building Code whichever is greater.
Riding stables 1 per acre: said spaces shall not be required to be
paved
Golf driving range 1 per tee box
Bowling alley 6 per lane
Tennis court 2 per court
Theater 1 per 4 seats
Commercial recreation-large sites 1 per 1 ,000 square feet of site area
Amusement park, miniature golf 1 per 1 ,000 square feet of site area
Parking requirements for all other recreational uses shall be based on one space per four
occupants.
WAREHOUSING AND WHOLESALE
Warehousing 1 per 2,000 square feet of floor area
Wholesale 1 per 1 ,000 square feet of floor area
Center for collecting recycled 1 per 1 ,000 square feet of floor area materials
Page 9
Ordinance No. 3 8 7 0
E. Parking Lot Location Standards. The location of all required and
non-required parking lots with five (5) or more spaces, shall meet the location
requirements below. All conditional uses hereunder shall be granted by the
Planning Commission in accordance with Section 160. 195 "Conditions Governing
Applications of Conditional Uses; Procedures' .
1 . Permitted Locations By Right. Parking lots shall be located
within the same zoning district as the use they serve. Required parking lots for
uses allowed by right within a zoning district are allowed as a use by right in the
same zoning district.
2 . Permitted Locations As A Conditional Use.
a. Parking lots located within residential zones which serve uses
in non-residential zones may be allowed as a conditional use by the Planning
Commission.
b. Parking lots for uses allowed as conditional uses within
residential zones must also be approved as a conditional use. A conditional use
for a parking lot may be approved at the same time the use is approved or may be
approved separately if additional parking lots are developed later.
The Planning Commission shall make a finding based upon the size, scale, and location
of these activities that the proposed parking lot will not adversely affect adjacent
residential uses or the residential character of the neighborhood.
3. Off-site Locations. If off-street parking cannot be provided on
the same lot as the principal use due to existing buildings or the shape of the
parcel, parking lots may be located on other property not more than 600 ' distant
from the principal use, subject to conditional use approval by the Planning
Commission.
4. Shared Parking. Formal arrangements which share parking
between intermittent uses with non conflicting parking demands (eg. a church and
a bank) are encouraged as a means to reduce the amount of parking required.
Such arrangements are subject to the approval of the Planning Commission.
Individual spaces identified on a site plan for shared users shall not be shared by
more than one user at the same time.
Page 10
Ordinance No. 3 s 7 n
5 . Intermittent Parking. Uses which generate only intermittent
demand for parking, such as churches, may count available on-street parking
within 600' of the building as part of required parking, subject to the approval of
the Planning Commission.
F. Parking Lot Landscaping Requirements
1 . General Requirements
a. Separation of Landscaped Areas and Vehicles. All
landscaped areas shall be protected from potential damage by vehicles by placing
concrete curbs or wheel barriers adjacent to the landscaped area except as provided
in (F)( 1)(b) below.
b. Vehicle Overhang. A portion of a standard parking space may
be landscaped instead of paved to meet part of the landscaping requirement. The
landscaped area may be up to 2 feet of the front of the space as measured from a
line parallel to the direction of the bumper of the vehicle using the space.
Landscaping may only be ground cover plants in the overhang area.
c. Maintenance. The current owner of the property shall be
responsible for the maintenance of all required landscaped areas.
d. Timing and Size of Plant Material . Landscaping shall be
provided within 90 days from the date the certificate of occupancy is issued subject
to limits of weather. If landscaping is not installed within 90 days, the owner
shall post bond to assure the installation of landscaping. Landscaping shall reach
the required screening height within three years from planting. Landscaping that
dies or is damaged shall be removed and replaced by the current owner of the
property . The owner shall have 30 days from the receipt of written notice issued
by the City Fayetteville to remove and replace any required landscaping that dies
or is damaged.
2. Interior Landscaping Requirements.
a. Amount of Landscaping. Parking Lots containing 10 or more
vehicles shall be landscaped utilizing one of the following options :
Page 11
Ordinance No. 3 8 7 0
1 . Option 1 . One tree with a 11/2 " DBH at the time of planting
shall be provided for every 10 parking spaces. The tree planting area shall have
a minimum of 25 square feet of open area (permeable surface) per tree.
2. Option 2. Interior landscaping shall be provided at the rate
of 10 square feet per stall and one tree per 20 spaces shall be planted with a 11h "
DBH at the time of planting. Ground cover plants shall completely cover the
remainder of the landscaped area within two years of beginning use of the parking
lot.
b. Location of Landscaping. landscaping shall be dispersed
throughout the parking area and located within concrete curbed islands 6" high.
Trees may be grouped together, but the groups shall be dispersed throughout the
lot.
c. Calculation of Area. Required perimeter landscaping may not
be substituted for interior landscaping. However, it is recognized that interior
landscaping may join perimeter landscaping. In such cases, landscaping which
extends 4' or more into the parking area may be included in the calculation of
interior landscaped area.
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d. Exceptions.
1 . All parking lots used solely for the purpose of providing
areas for the display and storage of motor vehicles for sale, lease, and rental shall
be exempt from the interior landscaping requirements.
Page 12
Ordinance No. 3870
2 . Parking areas that are 30 ' or less in width are exempt from
the interior landscaping requirements.
G. Perimeter Landscaping Requirements. Parking lots containing
5 or more spaces shall be landscaped meeting the following requirements:
1 . Side and rear property lines. All parking lots shall have 5 '
of landscaped area between the property line and parking lot. The 2' vehicle
overhang option may be included to meet this requirement. Depending on the use
and location, additional area and screening may be required under Section 160. 118
"Buffer Strips and Screening. "
2. Property lines adjoining street right-of-way.
a. Residential zones. Except for permitted entrance drives,
every parking lot shall be landscaped for an equal and uniform width of 25 '
parallel to the front property line(s) street right-of-way.
b_ Non-residential zones. Every parking lot shall be
landscaped for an equal and uniform width of 15 ' parallel to the front property
line(s)\street right-of-way.
c . Required plant materials. Landscaping in these areas shall
require 1 tree with a 11/2 " DBH at the time of planting and three shrubs per 40'
of parking lot frontage.
d. Screening reduction option. The minimum landscaping
width requirements may be reduced by 10' where the parking lot is screened
abutting a street by providing a berm, wall, vegetation, or combination at least 3'
high; provided, no intersection visibility triangle may be encroached upon by
screening.
H . Parking Waivers. The Planning Commission shall have the
authority to waive the number of off-street parking spaces required in C-3 and C-4
districts. The Planning Commission shall make findings indicating that the
proposed use will not generate as much parking as required under the existing
standards, that shared parking facilities are available, or that on-street parking can
satisfy intermittent and occasional demands. Individual spaces identified on a site
plan for shared users shall not be shared by more than one user at the same time.
All waivers shall meet the conditions listed below.
F
Page 13
Ordinance No. -i R 7 n
1. Conditions for Waivers in C-3 and C-4 Districts.
a. An in lieu fee of $1,200 for each on -site parking space waived
shall be paid to the City. This money shall be held in an interest bearing account
and shall be expended for public parking facilities within the district it is collected
within ten (10) years from the date it is collected. If said money has not been so
expended within ten (10) years of the date collected, said money, together with the
interest thereon, shall be refunded to the person or entity who made the
contribution, or;
b. Adequate public parking facilities are available within 600' from
the entrance of the structure.
I. Non Conforming Parking Lots. All parking lots and/or parking
areas which were in existence prior to the effective date of this ordinance may
continue in a non -conforming state until such time as the following shall occur:
a. A building permit is granted to rehabilitate a structure on the
property exceeding fifty (50) percent of the current replacement cost of the
structure. At such time, 50% of the existing parking lot use area shall be required
to be brought into compliance with the provisions of this ordinance. This shall
continue on a graduated scale in accordance with the percentage of rehabilitation
cost.
and/or
b. A building permit is granted to enlarge or reconstruct a structure
on the property exceeding 10% of its existing gross floor area. At such time 10%
of the existing parking lot and/or parking lot area shall be brought into compliance
with the provisions of this article. This shall be on a graduated scale until
reaching 100% of the required landscaping.
and/or
c. A new curb cut permit is granted for the non -conforming parking
lot. At such time the parking lot and/or parking area shall be required to be
brought into compliance with the provisions of this ordinance.
Page 14
Ordinance No. 3870
d. It is recognized that unique circumstances may exist in conforming
with these standards. Accordingly, the Planning Administrator may
administratively waive up to 25% of the required off-street parking spaces should
conformity with other provisions of this ordinance prevent a property owner from
providing sufficient off-street parking required under this ordinance.
Section 5. Severability. Should any paragraph, section, clause, phrase or part of this
ordinance, for any reason, be held invalid, such decisions shall not affect the validity of the
remaining provisions of this ordinance and the application of those provisions to any person or
circumstance shall not be affected thereby.
Section 6. Emergency Clause. The City Council hereby determines that the immediate
enforcement of the above described parking lot provisions is necessary due to the unprecedented
growth in Fayetteville, and that without immediate enforcement parking lots may be approved
without such provisions and accordingly, the immediate enforcement of such provision is
essential to the public health, safety, and welfare. Therefore, an emergency is hereby declared
to exist and this ordinance being necessary for the public health, safety, and welfare shall be in
full force and effect from and after its passage and approval.
PASSED AND APPROVED this 21st day of February , 1995.
APPROVED:
By:
ed Hanna, Mayor
ATTEST
By:e%J�,o,�.�
Traci Paul, City Clerk
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