ARTICLE 070.050

Off-Street Parking Requirements

070.050.010    Purpose of Article
070.050.020    Minimum Standards
070.050.030    Interpretation of Article
070.050.040    Applicability
070.050.050    Procedure and Administration
070.050.060    Number of Parking Spaces Required
070.050.070    Exclusive Use for Parking
070.050.080    Joint Use of Parking Spaces 
070.050.090    Common Parking Area
070.050.100    Design of Parking Areas
070.050.110    Variance

070.050.010  Purpose of Article.

(a)  The purpose of this Article is to ensure that safe and convenient parking areas are provided to serve the requirements of all land uses in the City, to avoid congestion in the streets, to avoid or minimize the adverse visual impact of large concentrations of exposed parking and of separate garage or carport structures, to provide necessary access for service and emergency vehicles and to provide for safe and convenient interaction between vehicles and pedestrians.

(b)  Parking is hereby deemed to be an accessory use in all zone districts of the City and shall be allowed in all zone districts except that commercial parking, wherein fees are assessed to those individuals using the parking, shall be limited to those zone districts allowing commercial and office uses as permitted and special review uses.

070.050.020  Minimum Standards.

The requirements of this Article concerning parking areas are minimum requirements only.  The owner or developer may install facilities exceeding the minimum standards in this Article, except that the provisions concerning the maximum number of access ways to and from parking areas shall not be altered.

070.050.030  Interpretation of Article.

The City may prescribe reasonable standards and specifications for the interpretation of this Article, including the preparation of maps and diagrams showing the size and arrangement of typical parking areas.  Said standards and specifications shall be for the purpose of providing information and direction concerning the City's parking, loading area, access way and landscaping design requirements and shall be contained in the City's Design Manual.

070.050.040  Applicability.

(a)  The provisions of this Article shall apply to all uses established or commenced on or after January l, 1981, except that uses within Glenwood Springs General Improvement District No. 1980 are exempted from the requirements of Section 070.050.060 but shall comply with the requirements of Sections 070.050.100 and 070.050.110 if parking spaces are provided.

(b)  For uses existing on January 1, 1981, parking spaces or parking areas existing on that date shall not be diminished in number or size to less than that required for such use under this Article.

(c)  Where an existing use or building is expanded, as measured in floor area used, off-street parking, loading areas and landscaping shall be provided as required for the added floor area, whether or not these requirements were provided for the existing use or building.

(d)  Where the use of an existing building or space is changed to either a use in a different use category as set forth in Section 070.050.060 or a use in the same use category which requires more off-street parking than the existing use, off-street parking, loading areas and landscaping shall be provided as required for the new use, whether or not these requirements were provided for the previous use.

(e)  Where a building, space or use has been abandoned for a period of one (1) year or longer, use thereafter of the building or space or reactivation of the abandoned use shall be deemed a commencement of use, subject to all provisions of this Article.

(f)  Definitions.  For purposes of this Section:

Impervious surface means an asphalt, concrete or other surface which is not a component of a porous paving system.

Porous paving system means a system providing erosion control, softening hard surfaces, reducing stormwater/snowmelt runoff and/or providing green space.  The system includes concrete, plastic or other systems which may incorporate grass or other landscaped spaces.

(A 13-95 §1)

070.050.050  Procedure and Administration.

(a)  Parking plan required.  Except for single-family and two-family dwellings, no use requiring a parking area shall commence without the Planning Director's review and approval of a parking plan.  The minimum requirements for a parking plan shall be a drawing to scale upon substantial paper or cloth with sufficient clarity to indicate the nature and extent of the proposed improvements and to show in detail that they will conform to the provisions of this Article.  The parking plan shall include, where deemed appropriate and necessary by the Planning Director:  delineation of parking and loading spaces, the circulation area necessary to serve these spaces, curb cuts, dimensions and material of screening and/or landscaping, proposed treatment of drainage and grading, surfacing and subgrading improvements, fire lanes, specifications for signs, wheel stops, lighting, snow storage, handicap spaces and facilities and other pertinent details.

(b)  Appeal.  The Planning Director shall determine compliance of a required parking area with the provisions of this Article.  Any person aggrieved by a decision of the Planning Director in the course of the administration or enforcement of this Article shall have the right of appeal to the Planning and Zoning Commission in accordance with the provisions of Subsection 070.010.050.

(A 23-94 §7)

070.050.060  Number of Parking Spaces Required.

(a)  General provisions.

(1)  Off-street parking spaces shall be provided according to the following schedule for all uses unless otherwise provided in this Code.

(2)  When any lot or combination of lots is used for more than one (1) type of use as described below, off-street parking spaces and area shall be provided according to the sum of the standards for all the various uses.  (See 070.050.080)  (A 18-03 §3)

(3)  When the computations for off-street parking spaces result in a fraction, the next highest integer shall apply, and off-street parking spaces shall be provided in a number equal to such integer.

(b)  Use category:  residential and lodging uses.

(Ad 61-86 §3; A 5-07 §4; A 11-08, §2)

(c)  Use category, institutional and public assembly uses.

(d)  Use category:  commercial uses.

(A 42-99 §1; A 5-04 §2; A 5-07 §4; A 11-08, §2)

(e)  Use category:  industrial uses.

(f)  Other uses.  For uses not specifically listed herein but which, in the opinion of the Planning Director, are comparable to uses listed herein, the use classification shall be that classification most similar to the proposed use.  For uses not specifically listed herein and which, in the opinion of the Planning Director, are not comparable to any use listed herein, the Planning Commission shall recommend and the City Council shall establish the minimum off-street parking requirements, based on: the similarity of the use to those uses enumerated above, the zone district of the property, the need for off-street parking in the area where the property is located, the nature and extent of use by the public of the property, the number of employees who will work on the subject property and, for active recreational areas and similar uses, the use capacity of the area.  Any person aggrieved by a use classification decision of the Planning Director shall have the right of appeal to the Planning Commission in accordance with the provisions of Subsection 070.010.050(a).

(Ad 61-86 §3; R 13-95 §2; A 42-99 §1)

070.050.070  Use of Parking.

Except for off-street parking spaces for seasonal or recreational vehicle storage and where fewer than two (2) off-street parking spaces are required for residential and accommodation uses, no off-street parking or loading space shall be used for any purpose other than the parking of vehicles.  Notwithstanding the foregoing, off-street parking spaces in excess of the number required by this Article for a particular use may be used for any legal purpose within the respective zone district.  If a mandatory off-street parking space is converted to another use or can no longer be used for off-street parking, it shall be a violation of this Code and must be replaced immediately with another off-street parking space meeting all of the requirements of this Article.  (A 16-96 §1)

070.050.080  Joint Use of Parking Spaces.

In a mixed-use building containing residential and office or retail, the residential portion of the parking requirement is reduced by fifteen percent (15%); however, the total number of parking spaces for the building cannot be less than the required parking for the residential units alone.  (A 18-03 §3)

070.050.090  Common Parking Area.

Common parking areas may be provided in areas designed to serve jointly two (2) or more buildings or uses provided that the total number of off-street parking spaces shall not be less than that required by this Article for each use.

070.050.100  Design of Parking Areas.

The following design standards of this Section shall be met for all parking areas, whether or not the parking area is required by the City, except where the parking area is to serve a single-family or two-family dwelling unit.  In addition, all non-residential land uses shall be subject to the requirements of Article 070.150 of the Municipal Code, unless otherwise exempt.  Where there is conflict, the more restrictive standards shall apply. 

(1)  Access ways.

a.  Unobstructed, direct and convenient access for vehicles to and from a public street shall be provided for all off-street parking spaces.  Access from any parking area to a public street shall be designed to permit user vehicles to enter and exit in forward drive.  Access ways shall be designed so as to reduce the number and proximity of access points along public rights-of-way.

b.  Each access way between a public right-of-way and the parking area shall be not less than fifteen (15) feet nor more than thirty-five (35) feet wide at the intersection of the access way with the public street, and a divider strip at least six (6) feet long shall be installed if the access way exceeds twenty-five (25) feet in width.  Each access way shall be clearly and permanently marked and defined through the use of rails, fences, walls or other barriers or markers.  Said marking and defining may be augmented by painting or striping.

c.  Parking areas shall be served by access ways containing two (2) traffic lanes with a minimum total width of fifteen (15) feet, except that a single lane ten (10) feet wide may be used for short straight access ways where two-way vehicular traffic is not anticipated.

d.  Access ways on the same lot frontage shall be separated by a minimum length of curb of thirty (30) feet.  For lots exceeding one hundred (100) feet of frontage, the minimum required length of curb separation shall be increased by one (1) foot for every five (5) feet of property length beyond one hundred (100) feet, which formula for increasing curb cut separations shall apply to lot frontages of up to two hundred (200) feet.  For lots exceeding two hundred (200) feet in frontage, curb cuts shall be separated by at least fifty (50) feet.  In the case of a corner lot, access ways shall not be located closer than fifty (50) feet to the intersecting street right-of-way line or where lot frontage is less than seventy-five (75) feet, the maximum distance possible from the intersecting street right-of-way line shall be as determined by the City Engineer.

e.  The intersection of an access way with a public street shall be located not closer than fifteen (15) feet to a side lot line except that a common access way to two (2) adjacent properties with width not exceeding thirty-five (35) feet may be provided at the common lot line.

f.  Access ways and corner lots shall have a minimum vision clearance area formed by the intersection of the driveway centerline and the street right-of-way line and a straight line joining said lines through points thirty (30) feet from their intersection.  No vehicles or visual obstructions over forty-two (42) inches in height from the curb elevation may be placed within this area.

(2)  Stacking spaces.  For any drive-in or drive-through retail or service use, there shall be provided stacking space for vehicles waiting for service, which space is sufficient to prevent any such vehicles from extending onto the public right-of-way at any time.  In no case shall fewer than four (4) such stacking spaces be provided for each such service bay, window or counter on the entrance side, and one (1) such space on the exit side where an exit is provided.  Parking spaces required for such service bay uses may be counted among the required stacking spaces.  No bays designed to be entered from more than one (1) direction shall be permitted.

(3)  Parking area layout.  Every parking area shall be designed according to the following table.  The top line of figures for each parking angle constitutes minimum design standards and the lower two (2) lines constitute higher standards to be employed at the option of the owner or developer.  The owner or developer may select the parking angle and the line of figures for such parking angles, and then all figures in that line shall become requirements.  Modifications in the table are applicable to alternative parking layouts such as one-way, center cul-de-sac and herringbone.  See the Design Manual for design requirements applicable to these alternative layouts.

MINIMUM PARKING SPACE AND DRIVEWAY REQUIREMENT

A   =  Parking Angle

B    =  Stall Width

C    =  Length of Stall to Curb

D   =  Aisle Width

E    =  Curb Length per Stall

F    =  Width of Double Row with Aisle

(4)  Size.  Each off-street parking space shall cover an area not less than nine (9) feet wide and nineteen (19) feet long, except that up to twenty percent (20%) of the number of off-street parking spaces required may be eight (8) feet wide and sixteen (16) feet long, which spaces shall be designated for small vehicle parking by means of a permanent, raised identification sign.  All parallel parking spaces shall be a minimum of twenty-two (22) feet in length.

(5)  Loading areas.

a.  For those uses which require the receipt and distribution of material or merchandise by truck and which are not contiguous to an alley, an off-street delivery truck berth at least fourteen (14) feet wide and thirty (30) feet long shall be provided in addition to the required parking area.  Where the property or use is served or designed to be served by tractor-trailer delivery vehicles, the off-street loading berth shall be at least fourteen (14) feet wide and sixty (60) feet long.  The loading area shall be designed so that delivery vehicles using the loading area do not obstruct traffic movements in the parking area or in the public right-of-way.

b.  Schools serving twenty-five (25) students or more shall provide within the parking area a driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children on site.

(6)  Garages and carports.  Parking requirements may be met by garages and carports covering or enclosing spaces which comply with minimum space size provisions of this Article.  Minimum vertical clearance between driving surface and ceiling shall be seven (7) feet.

(7)  Location of parking spaces.

a.  For single-family dwellings and multi-family dwellings with two (2), three (3) or four (4) dwelling units, off-street parking spaces shall be located on the same lot as the dwelling.

b.  Off-street surface or enclosed underground parking spaces may be located on any part of the lot occupied by the uses for which such parking space is required unless prohibited elsewhere by this code.  (A 5-09 §3)

c.  For multi-family dwellings with five (5) or more dwelling units, and for all nonresidential uses, off-street parking spaces may be established within four hundred (400) feet, as measured by means of direct pedestrian access from the building or use, or the nearest corner of the lot or series of contiguous lots containing the principal building or uses served by the off-street parking area.  If the principal use and the off-street parking area are not in common ownership, the owner of the principal use shall enter into a binding agreement with the owner of the off-street parking area affording the owner of the principal use the right to use the off-street parking area.

d.  No parking space shall be located closer than five (5) feet from a window or door of a habitable structure.

(8)  Grade of parking use areas.  Outdoor parking areas shall not exceed eight percent (8%) of grade and shall be not less than one percent (1%) of grade.  The cross slope of any parking or loading space shall not exceed five percent (5%) of grade.  The grade of access ways shall not exceed four percent (4%) within one hundred (100) feet of the intersection with a public right-of-way; or, where in the opinion of the City Engineer topographic conditions preclude maintaining four percent (4%) or less, the grade of the access way shall not exceed one percent (1%) within twenty-five (25) feet of the public right-of-way.

(9)  Accessible parking.  A minimum of one (1) parking space for the handicapped shall be provided for each nonresidential use which requires up to fifteen (15) parking spaces.  For such uses requiring more than fifteen (15) spaces, one (1) space designated for the handicapped shall be provided for each additional forty (40) spaces or fraction thereof.  Accessible spaces shall be located as close as possible to a major entrance of a building or use.  The first accessible space out of six (6) required accessible spaces, or any faction thereof, shall be a van accessible space.  Van accessible spaces shall be a minimum of sixteen (16) feet in width, including an eleven (11) foot wide parking space and a five (5) foot wide striped access aisle.  Car accessible spaces shall be a minimum of thirteen (13) feet in width, including an eight (8) foot wide parking space and a five (5) foot wide striped access aisle.  Parallel accessible spaces shall be a minimum of twenty-four (24) feet in length.  All accessible spaces shall be designated by means of a permanent, raised identification sign.  (R & Re 5-06, §1)

(10)  Landscaping.

a.  Applicability.  All off-street unenclosed parking areas.  (A 28-99 §1)

b.  Permit and approval requirements.  A "Parking Lot Landscaping Plan" is required for:

1.  A new parking area.

2.  Expansion of an existing parking area.

3.  A change in the use of any structure which increases the off-street parking requirement.

4.  A change in the gross floor area of a structure which increases the off-street parking requirement.

The Parking Lot Landscaping Plan permit is issued by the Community Development Department only after approval of the Parking Lot Plan.  The Parking Lot Landscape Plan may be reviewed concurrently with development or special use permit applications or by exclusive application.  (A 28-99 §1)

c.  Landscape design standards.

1.  For lots with less than (20) spaces, at least ten percent (10%) of the total unenclosed parking area, including access ways, shall be devoted exclusively to landscaping of trees, shrubs and ground cover which reduce the visual impact and assist in defining on-site traffic movement.  For lots with twenty (20) or greater spaces, at least twenty percent (20%) of the total unenclosed parking area, including access ways, shall be devoted exclusively to landscaping of trees, shrubs, ground cover and Xeriscaping, which reduce the visual impact and assist in defining on-site traffic movement.  Such landscaping shall include, adjacent to any public street, a densely landscaped strip designed to provide areas ranging from a minimum of three (3) feet in width.  Hedges provided to fulfill screening requirements under Subsection 070.050.100(10)(d) may be counted toward the landscaping requirement.

2.  Nonliving ground cover shall not exceed twenty percent (20%) of the required landscaping area and shall be enclosed within an adequate containment system to prevent spillage onto walkways, sidewalks, parking areas or the public right-of-way.  Nonliving ground cover refers to any material, including, but not limited to, concrete, gravel, bark, asphalt, stone and brick.

3.  Landscaping for the parking area shall also include, adjacent to any public street, one (1) tree for every fifty (50) feet of lot frontage.

4.  All off-street parking shall have a minimum of ten (10) square feet of interior landscaping per parking space in lots with twenty (20) or more spaces. (A 6-06, §1)

5.  Required parking area interior landscaping must be distributed in such a configuration so as to divide groups of parking spaces.  No grouping of parking spaces shall exceed eight (8) in a row.

6.  The principles of Xeriscaping shall be incorporated into the design of the landscape, where appropriate.

7.  Any existing landscaping may be utilized to satisfy the landscaping requirements of this Section.

8.  All landscaping installed or utilized to satisfy the requirement of this Section must be located entirely within the property boundaries as indicated on the Parking Lot Landscape Plan.

9.  Landscaped areas shall contain no more than twenty (20) square feet of sod-forming turf per fifty (50) square feet of required landscape area.

10.  Evergreen plant materials utilized to fulfill the landscape requirements of this Section shall be limited to a total of fifty percent (50%) of the total amount of vegetative material utilized.  (A 28-99 §1)

11.    Each landscape island, peninsula or tree diamond shall have a minimum of one deciduous tree and low-lying plantings.  No more than fifty percent (50%) of each landscape island, peninsula, or tree diamond shall be non-living ground cover.  (Ad 5-06, §1)

d.  Screening.  Every commercial parking area shall be adequately screened from adjoining residential or accommodation uses.  A physical barrier shall be created by earth berms, planter boxes, fences, walls or hedges not less than three and one-half (3½) feet nor more than six (6) feet in height.  The earth berms, planter boxes and hedges shall be at least ten (10) feet wide, and shall be provided within the property boundaries.  Tree species shall be selected that, at full maturity, will create a dense, visually obstructing buffer planting strip.  Screening systems need not be entirely opaque.  Any screening system utilized shall create a definitive barrier to the satisfaction of the Community Development Director.  (A 28-99 §1)

e.  Plant material standards.  Vegetation utilized shall conform to the following:

1.  No artificial trees, shrubs, turf or plants may be used.

2.  All materials must be planted in accordance with industry standards.

3.  Deciduous trees shall have a minimum caliper of two (2) inches, with ten percent (10%) of the total having a minimum caliper of three (3) inches.  Evergreen trees shall have a minimum height of six (6) feet, with ten percent (10%) of the total having a minimum height of ten (10) feet.

4.  Shrubs shall be at least five (5) gallons in size when planted and shall attain four (4) to ten (10) feet in height within ten (10) years.

5.  Pregrown plant material not previously specified, including vines, ornamental perennials or annuals, shall be a minimum of one (1) gallon in size, except for ground covers.

6.  No existing live trees with a caliper size of fourteen (14) inches or greater may be removed without approval of the Community Development Director and City Forester.

7.  Planting strips or areas, walkways, fences, hedges or walls shall be protected from vehicles and maintenance equipment by curbs, bollards wheel stops or other means.

8.  Street trees shall be chosen and placed pursuant to Section 070.030.070(f).  (A 28-99 §1)

f.  Walkways.  Walkways shall have a minimum effective (exclusive of vehicle overhang) width of four (4) feet.  (A 28-99, §1)

g.  Irrigation.  Landscaped areas shall utilize an irrigation system designed to:

1.  Provide full coverage on all plant materials;

2.  Prevent water waste, over-spraying, over-watering and vandalism; and

3.  Be site specific, reflecting plant type, soil type, infiltration rates and slopes.

Sprinkler heads shall be installed at least eight (8) inches away from the public right-of-way, or in the absence of a curb, the outer edge of the roadway, and shall not spray away from the curb.  Damaged or malfunctioning components of any irrigation system shall be replaced immediately.  A qualified irrigation specialist or other similar expert shall provide, in writing, certification that the infiltration system is designed such that it will adequately water all landscaped areas identified in the Landscape Plan.  (A 28-99 §1)

h.  Maintenance.  The owner of the property and his/her successors, heirs and assigns, are responsible for the proper maintenance of the landscaped area, screening materials and parking lot subject to the approved Landscape Plan.  All landscape and parking areas shall be maintained free of trash.  Landscaping shall be continuously maintained, including all necessary watering, weeding, pruning, pest control and replacement of dead or diseased plant material.  Replacement of dead or diseased plant material shall be of equivalent species or material, as specified in the approved Landscape Plan.  Replacement shall occur at the time of removal or, if necessary, the next planting season.  In any event, replacement shall occur within one (1) year from the time of removal.  (A 28-99 §1)

i.   Exceptions.  All unenclosed parking areas are subject to the rules and regulations set forth in this Section.  Certain exceptional conditions may exist which could warrant a reduction in the application of these rules and regulations.  The Community Development Director or approving authority may grant a waiver.  Exceptions are determined by the following:  If, due to exceptional physical limitations of either existing building location or site dimensions, it is impossible or impractical for strict application of the rules and regulations of this Section, the approving authority may:

1.  Allow all or part of the landscaping requirements to be provided at another location on the site;

2.  Waive all or part of the requirements of this Section, provided that reasonable effort to comply with the requirements of this Section have been attempted; or

3.  If landscape improvements are required due to an expansion in floor area of an existing building, the approving authority may waive certain requirements of this Section if the cost to improve the landscape area exceeds fifty percent (50%) of the total expansion cost.  This waiver may only be granted if the applicant for the Parking Lot Landscaping Plant permit provides the Community Development Department with an itemization of costs and materials necessary to meet the requirements of this Section.  An itemization of the building expansion costs, as calculated by a licensed contractor, shall also be provided.  (A 28-99 §1)

(11)  Wheel stops.  Wheel stops, curbing or other devices shall be provided to prevent parked vehicles from damaging landscaping areas or screening, from obstructing onto sidewalks or other pedestrian facilities, and from projecting into the public right-of-way.  (A 28-99 §1)

(12)  Lighting.  Security lighting shall be provided in all parking areas used or designed for use during evening hours.  The lighting shall not be directed towards any adjacent residential uses or public streets and shall be turned off one (1) hour after the close of business.  (A 28-99 §1)

(13)  Drainage.  All parking areas shall be designed and graded to restrict site drainage to a rate no greater than the historical rate, before development, for the twenty-five-year storm or shall include development of a storm drainage system to convey runoff water to a site approved by the City Engineer.  Such drainage plan or system shall be approved by the City Engineer prior to the construction of the parking area.  All designs shall be in accordance with Section 070.030.040.  Where feasible, on-site retention of drainage should be utilized as a landscape feature.  (A 28-99 §1)

(14)  Paving.  Except for single-family and two-family dwellings, including mobile home, all access ways between a public right-of-way and off-street parking spaces or areas and all off-street parking spaces and loading areas not covered or enclosed by a garage or carport shall be surfaced with asphalt or concrete.  Other similar dustless material, such as compact gravel or other material, shall require approval from the City.  (A 28-99 §1)

(15)  Bicycle parking.  All non-residential development shall have assigned areas for bicycle parking as required in Subsection 070.150.070(i).   (A 28-99 §1; A 16-08 §3)

(16)  Shopping cart storage.  All non-residential development that utilizes shopping carts or similar apparatus for public use shall provide a storage structure with a minimum capacity of ten (10) carts for every thirty (30) parking spaces within the parking lot.  Shopping cart storage structures shall be located centrally to the spaces they serve and shall meet the requirements of Subsection 070.150.070(j). (A 28-99 §1; A 16-08 §3)

(17)  Transit facilities.  All development located on existing or planned transit routes shall accommodate a transit stop, unless the City Engineer determines that adequate transit facilities exist elsewhere to serve the needs of the development.  The location of the transit stop shall be subject to the approval of the City Engineer.  (A 28-99 §1)

(18)  Snow storage.

a.  Snow storage shall be provided on site for all unenclosed parking, circulation, loading, sidewalk and other paved areas.  A program for off-site snow removal may be approved by the Planning and Zoning Commission and/or City Council with suitable assurance that the program will be perpetual.  Public rights-of-way shall not be considered acceptable for snow storage.

b.  Parking areas shall be designed to adequately provide for snow storage and removal.

c.  New snowfall shall be plowed from all parking areas and driveways into designated snow storage areas within a reasonable time period.

d.  Designated snow storage areas may include lawn areas, but shall not include other landscaped areas with shrubs, trees, etc.  Snow storage shall not be within thirty (30) feet of the high water mark of a live stream or river or within ten (10) feet of the top of a river or stream bank which slope is steeper than three (3) horizontal to one (1) vertical (3:1), unless it is discharged into a filtration system approved by the City Engineer.

e.  On-site snow storage shall consist of a minimum of twenty percent (20%) of the total area of circulation, loading and sidewalk area and unenclosed parking spaces for a development.  For commercial land uses, up to ten percent (10%) of the required parking spaces may be included in the snow storage area.

f.  Snowmelt runoff shall be addressed in accordance with Section 070.030.040.

g.  Snow shall not restrict access and circulation and shall not be stored in a manner to obscure sight lines at driveways, sidewalks or other access points to public or private rights-of-way or fire lanes.  (A 12-98 §1)

(19)  Design variance.  A variance from the strict application of the requirements of this Section may be granted by the appropriate City board or official, whichever board or official approves the development permit or building permit, as applicable, where a finding is made that there exists on the property in question exceptional topographical, soil or other subsurface condition, or other extraordinary conditions peculiar to the site, existing buildings or lot configuration such that strict application of the requirement of the regulation from which the variance is requested would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the applicant or owner of the property in question and that the public good would be better served by granting of the variance.  Such variance shall not be granted if the same would be detrimental to the public good or impair the intent and purposes of this Article.  Such design variance request shall be made and reviewed concurrently with either a development permit or building permit application and, if granted by the appropriate permitting authority, shall be described and acknowledged in the permit.  (A 28-99 §1)

(20)  Walkways for parking lots with greater than twenty spaces.

a.  Walkways within the site shall connect areas or points of pedestrian origin and destination and shall not be located and aligned solely based on the outline of a parking lot configuration.  The on-site pedestrian system must be designed to provide connections to major pedestrian and bicycle destinations such as parks, schools, trail connections, bicycle facilities and transit stops that are located either within the development or adjacent to the development.  Walkways shall link street sidewalks with building entries through parking lots.

b.  Where it is necessary for the primary pedestrian access to cross drive aisles or internal roadways, a pedestrian crossing shall be placed and shall emphasize and place priority on pedestrian access and safety.  The material and layout of the pedestrian access shall be continuous as it crosses the driveway with the break occurring in the continuity of the driveway paving.  The pedestrian crossings must be well marked using pavement treatments, signs, striping, signals, lighting, traffic calming techniques, median refuge areas and landscaping.  (Ad 28-99 §2)

(A 12-98 §1; Ad 28-99 §§1, 2; A 2-05 §3; A 16-08 §3)

070.050.110  Variance.

(a)    A variance from the strict application of Sections 070.050.040, 070.050.060 and 070.050.070 may be granted pursuant to the provisions and procedures as set forth for a zoning variance in Section 070.040.050.

    (b) Variance from off-street parking requirement.

(1)  A variance from the required number of off-street parking spaces in section 070.050.060 may be granted by the Planning and Zoning Commission provided that it finds that one (1) of the following criteria is met.  A variance for up to a 10% reduction in the number of required off-street parking spaces for uses requiring 10 or more spaces not requiring development review for other reasons may be granted by the Community Development Director upon a finding that one (1) of the following variance criteria is met:

1. The applicant has documented that the required number of off-street parking spaces in the Development Code exceeds the actual parking demand for this type of use.

 

2. The needs of multiple uses on one property or uses on adjacent properties will be met through common parking areas or joint parking.  Satisfaction of this requirement may include demonstration that varying time periods of parking demand will accommodate the parking need for the properties or uses. 

 

3. In the case of a commercial use, close proximity to accommodation uses, residences, a bus stop, or some other type of use that constitutes a substantial amount of the patronage of the commercial use arriving via some means other than in an automobile will result in a lower parking demand for the use. 

 

4. A business owner provides an acceptable proposal for an alternative transportation program and provides a letter stating that this program will be ongoing. 

 

In granting a variance, the Planning and Zoning Commission or Community Development Director shall impose such restrictions or conditions as found necessary to protect the public health, safety and welfare and to ensure compliance with this Code and the City's goals and policies.

 

(2)  For variance requests heard before the Planning and Zoning Commission, continuances, pre-application and application procedures are as described in 070.040.050 (b) through (d).  For administrative variance requests, pre-application and application procedures are as described in 070.040.050(c) and (d)(1) through (e).  The Community Development Director shall contact the applicant within one week of receipt of the application with a request for any additional information that is required.  Once the Director has determined that the application is complete, a decision on the variance application shall be issued within three (3) weeks or within two (2) weeks of the receipt of the required proof of public noticing, whichever is later.  For any parking variance application, the applicant may be required to provide a detailed analysis of parking demand and utilization by a traffic engineer, or other qualified professional as determined by the Community Development Director, to demonstrate satisfaction of the variance criteria.  In no case shall the proximity of parking in the public right-of-way serve as justification for a parking variance.

(3)  The variance shall apply as long as the proposal continues to operate in accordance with the representations made in the parking variance application.  A granting of a variance form delineating the conditions of approval and representations of the parking variance application shall be issued by the Community Development Director to the applicant and a copy shall be recorded with the County Clerk and Recorder. Once the parking proposal is no longer followed as represented in the granting of the variance, or when there is a change in use to a use with a parking requirement exceeding the number of spaces provided on the site (as outlined in 070.050.060), the property owner shall be required to install the number of off-street parking spaces required by the Code for the use unless a new parking variance is applied for and obtained.

(4)  Approval of minor modifications.  The Community Development Director shall have the authority to approve minor changes to the parking proposal or alternative transportation program that are found to be consistent with the plan and variance approved by the Planning and Zoning Commission. 

(5)  Public noticing.  Shall be required in accordance with the requirements of section 070.010.030 except that administrative variance requests shall not require newspaper publication. 

 

(6)  Fees.  Shall be as set by City Council.

 

(7)  Appeals.  Appeals are as provided for in section 070.010.050.

 

(A 1-07 §2)