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Parking Spaces to get Occupancy Permit

January 13, 2011 Leave a comment Go to comments

 Recently was asked to sell an older 4,200 square foot building built 1920 in prime location near central downtown in Montrose, a rapidly development area. It has 6 parking spaces. ( No more land to add parking. )

Several buyers noted that they could not get an occupancy for their specific type of business due to  the lack of parking off-street, on the site. Another problem was the possibility that the city inspectors might require commercial electric wiring instead of residential electric wiring already in the walls. That could be expensive. Therefore, the most likely buyer may be someone who wants to live there, without a business.  The challenge is that many buyers think this street to be to busy with traffic.

Here below are the parking requirements for each specific type of business to get an occupancy permit.

Sec. 26-491. – In general.

No building permit shall be issued for the construction or alteration of a building in the categories listed in section 26-492 of this Code unless the building includes the construction of or provides for the off-street parking facilities. Such facilities shall be on the same site as the use those facilities are intended to serve except as otherwise provided for in this article.

(Ord. No. 89-712, § 2, 5-17-89; Ord. No. 07-464, § 7(Exh. B), 4-11-07)

Sec. 26-492. – Parking spaces for certain types of occupancies.

Except for buildings located in a parking management area created under the provisions of section 26-500 of this Code, the construction of a building for any of the following types of occupancies shall provide the requisite number of off-street parking spaces, or the incremental number of off-street parking spaces in the case of an alteration, as shown below for that type of occupancy. The requirements of this division do not apply to the placement of temporary classroom building(s) for public schools where:

(1)

There is a reasonable likelihood that the construction necessitating a temporary classroom building will not continue for more than five years; and

(2)

An analysis of the public school site and the buildings thereon support the conclusion that timely compliance with the statutory student/teacher ratio cannot be achieved without the installation of the temporary classroom building(s).

Type of Occupancy Parking Spaces
Class 1. Office:
 a. Office 2.5 spaces for every 1,000 square feet of GFA or 2.75 for every 1,000 square feet of UFA
 b. Financial facility 4.0 spaces for every 1,000 square feet of GFA (see also section 26-541(a)(4))
Class 2. Residential:
 a. Apartment house 1.250 spaces for each efficiency apartment
  1.333 spaces for each one-bedroom apartment
  1.666 spaces for each two-bedroom apartment
  2.0 spaces for each apartment with 3 or more bedrooms
 b. Single-family residential dwelling unit 2.0 parking spaces for each dwelling unit
 c. Manufactured home 2.0 parking spaces per dwelling unit
 d. Special residential uses 0.3 parking space per sleeping room, plus 1.0 parking space per employee on largest shift
 e. Retirement community (with kitchen facilities) 0.75 space per dwelling unit, plus parking spaces for support based upon the provisions of section 26-499 of this Code
 f. Retirement community (without kitchen facilities) 1.0 space for every 6 beds plus 1.0 space per employee on largest shift
 g. Hotel or motel 1.0 parking space for each sleeping room up to 250 rooms;
  0.75 parking spaces for each sleeping room from 251 rooms to 500 rooms;
  0.50 parking spaces for each sleeping room in excess of 500 rooms
Class 3. Health Care Facilities:
 a. Hospital 2.2 spaces for each bed proposed to be constructed
 b. Psychiatric hospital 1.0 space for each 4 beds proposed to be constructed and 1.0 space for every 4 employees
 c. Clinic (medical complex) 2.7 spaces for every 1,000 square feet of GFA
 d. Clinic (medical or dental) 3.5 spaces for every 1,000 square feet of GFA
 e. Nursing home 1.0 space for every 3 beds proposed to be constructed and 1.0 space for every 4 employees
 f. Funeral home or mortuary 0.5 spaces for every chapel seat
 g. Veterinary clinics 5.0 spaces for every 1,000 square feet of UFA
Class 4. Industrial, Commercial Manufacturing:
 a. Multi-tenant (or multi-building project):  
  1. At grade (no docks) 2.5 spaces per 1,000 square feet of GFA of office space; and 1.0 spaces per 5,000 square feet of GFA of warehouse space
  2. Semi-dock high 2.5 spaces per 1,000 square feet of GFA of office space; and 1.0 spaces per 5,000 square feet of GFA of warehouse space
  3. Full-dock high 2.5 spaces per 1,000 square feet of GFA of office space; and 1.0 spaces per 7,000 square feet of GFA of warehouse space
 b. Bulk warehouse 2.5 spaces per 1,000 square feet of GFA of office space; and 1.0 spaces per 7,000 square feet of GFA of warehouse space
 c. Heavy manufacturing and industrial 2.5 spaces per 1,000 square feet of GFA of office space; and 1.0 spaces per 2,000 square feet of GFA of warehouse space
 d. Light manufacturing assembly and research and development 2.5 spaces per 1,000 square feet of GFA of office space; and 1.0 space per 1,500 square feet of GFA of assembly space
 e. Transportation terminal 6.5 spaces per 1,000 square feet of GFA of waiting area
 f. Truck terminal 1.0 spaces per 2,000 square feet of GFA
 g. Mini-warehouse facilities 1.0 spaces for every 40 storage units or bays
Class 5. Religious and Educational:
 a. Church 1.0 space for every 5 fixed seats in auditorium or sanctuary or, if there are no fixed seats, 1.0 space for every 40 square feet of GFA in the main auditorium or sanctuary
 b. Nursery school or day care center 1.0 space for every employee on duty during the largest shift, plus 1.0 space for every 5 children in attendance when the facility is operating at maximum capacity or, if drop-off facilities are provided under section 26-541(a)(4) of this Code, 1.0 space for every employee on duty during the largest shift and 1.0 space for every 10 children in attendance when the facility is operating at maximum capacity
 c. School (Public, denominational or private):  
  1. Elementary school 1.5 spaces per thirty-person classroom
  2. Junior high school 3.5 spaces per thirty-person classroom
  3. Senior high school 9.5 spaces per thirty-person classroom
 d. College or university or trade school 1.0 space for every 3 employees plus 1.0 space for every 10 students residing on campus and 1.0 space for every 5 students not residing on campus
 e. Library 1.2 space for every 1,000 square feet of GFA
 f. Art gallery or museum 3.0 spaces for every 1,000 square feet of GFA of exhibit area or gallery space
Class 6. Recreation and Entertainment:
 a. Golf course 5.0 spaces for every green
 b. Movie theater 0.3 spaces for every seat
 c. Bowling alley 5.0 spaces per lane
 d. Theater, auditorium or arena 1.0 space for every 3 seats
 e. Tennis/racquet club 3.0 spaces per court
 f. Sports club/health spa 5.0 spaces for every 1,000 square feet of GFA
 g. Roller or ice skating rink 5.0 spaces for every 1,000 square feet of GFA
 h. Swimming club 9.0 spaces per employee
 i. Park (5—10 acres) 1.0 space for the first 2 acres and 1.0 space for each additional acre and additional parking must be provided for each additional facility or land use constructed in the park as herein provided
 j. Park (over 10 acres) 5.0 spaces for the first acre; and 1.0 space for each additional 10.0 acres; additional parking must be provided for each additional facility or land use constructed in the park as herein provided
 k. Park pavilion 1.0 space for each picnic table
 l. Sports complex 1.0 space for every 40 square feet of seating
 m. Miniature golf 1.0 space for each hole
 n. Driving range (golf) 1.0 space for each tee
 o. Arcade or game room 1.0 space for every 200 square feet of GFA
 p. Billiard hall 2.0 spaces for every billiard table
Class 7. Bar or Restaurant:
 a. Restaurant (including outdoor decks, patio and/or seating areas) 8.0 spaces for every 1,000 square feet of GFA and outdoor decks, patio and/or seating areas in excess of 15% of gross floor area
 b. Bar, club or lounge (including outdoor decks, patio and/or seating areas) 10.0 spaces for every 1,000 square feet of GFA and outdoor decks, patio and/or seating areas
Class 8. Retail Services:
 a. Supermarket or convenience market 5.0 space for every 1,000 square feet of GFA
 b. Clothing store 4.0 spaces for every 1,000 square feet of GFA
 c. Furniture store 2.0 spaces for every 1,000 square feet of GFA
 d. Retail store (freestanding) 4.0 spaces for every 1,000 square feet of GFA
 e. Building materials or home improvement store 4.0 spaces for every 1,000 square feet of GFA of retail sales area
 f. Barber or beauty shop 3.0 spaces for each operator chair and 1.0 space for each employee
 g. Shopping center (strip) (up to 25,000 GFA) 4.0 spaces for every 1,000 square feet of GFA, except the increment of GFA used for a bar, club or lounge shall provide the equivalent of 10 spaces for every 1,000 square feet of GFA1
 h. Shopping center (neighborhood)(25,001—100,000) 4.0 spaces per 1,000 square feet of GFA, plus increment2
 i. Shopping center (community) (100,001—399,999) 4.0 spaces per 1,000 square feet of GFA
 j. Shopping center (regional) (400,000—1,000,000 GFA) 5.0 spaces for every 1,000 square feet of GFA
 k. Shopping center (super regional) (over 1,000,000 GFA) 4.0 spaces for every 1,000 square feet of GFA
 l. Discount store 4.0 spaces for every 1,000 square feet of GFA
Class 9. Automobiles:
 a. Auto sales dealer 5.5 spaces for every 1,000 square feet of GFA
 b. Auto repair establishment 5.0 spaces for every 1,000 square feet of GFA
 c. Car wash (automated) 2.5 spaces for each bay or stall for stacking space
 d. Car wash (all other) 1.0 space per stall
 e. Service station 3.0 spaces for each service stall and 1.0 space for each employee on duty during largest shift
 f. Auto parts and supply store 4.0 spaces for every 1,000 square feet of GFA of retail sales area.

1 If more than 20 percent of the shopping center is occupied or to be occupied by class 6 and/or 7 occupancies, other than a bar, club or lounge, then the incremental increase in the number of off-street parking spaces required per 1,000 square feet of GFA will be calculated using the number assigned for the specific occupancy proposed for the new construction or alteration.

2 If more than 20 percent of the shopping center is occupied or to be occupied by class 6 and/or 7 occupancies, then the incremental increase in the number of off-street parking spaces required per 1,000 square feet of GFA will be calculated using the number assigned for the specific occupancy proposed for the new construction or alteration.

(Ord. No. 89-712, § 2, 5-17-89; Ord. No. 92-1173, § 2, 9-2-92; Ord. No. 94-1268, § 4, 11-22-94; Ord. No. 96-958, § 5, 9-18-96; Ord. No. 07-464, § 7(Exh. B), 4-11-07)

Sec. 26-493. – Unspecified uses.

(a)

The director shall determine the appropriate use category in each case. If there is any uncertainty with respect to the amount of parking space required by the provisions of this article as a result of any indefiniteness as to the proposed use of a building or of land, the maximum requirement for the general type of use that is involved shall govern.

(b)

The director shall determine the minimum number of parking spaces required for any use not specified above. The director shall consider the following in establishing parking requirements for an unspecified use:

(1)

Documentation supplied by the applicant regarding actual parking demand for the proposed use;

(2)

Evidence or data in available planning and technical studies relating to the proposed use;

(3)

Required parking for the proposed use as determined by other comparable jurisdictions; and

(4)

Required parking for similar uses.

(Ord. No. 89-712, § 2, 5-17-89; Ord. No. 07-464, § 7(Exh. B), 4-11-07)

Sec. 26-494. – Fractional requirements.

If the parking requirements of this article result in a fractional requirement, and that fraction is 0.5 or greater, the property owner shall provide parking spaces equal to the next higher whole number.

(Ord. No. 89-712, § 2, 5-17-89; Ord. No. 07-464, § 7(Exh. B), 4-11-07)

Sec. 26-495. – Use of parking space.

All required parking facilities shall be maintained for the duration of the use requiring such areas. Such facilities shall be used exclusively for the temporary parking of passenger automobiles, motor vehicles, or light trucks not exceeding one ton in capacity and shall not be used for the sale, display or storage of merchandise, or for the storage or repair of vehicles or equipment. An owner may install the required parking spaces in phases if the schedule has been approved by the director. Each phased parking installation must include enough parking to meet the parking requirements for the completed phases of the development for which the parking is provided. This phasing schedule must specifically indicate the dates on which all parking approved pursuant to this article will be provided.

(Ord. No. 89-712, § 2, 5-17-89; Ord. No. 07-464, § 7(Exh. B), 4-11-07)

Sec. 26-496. – Accessible parking.

Accessible parking spaces for vehicles operated by or for persons with disabilities shall be provided in accordance with state and federal standards. When only one parking space is required under this article, accessible parking requirements shall be in addition to the one parking space so required.

(Ord. No. 89-712, § 2, 5-17-89; Ord. No. 96-958, § 6, 9-18-96; Ord. No. 02-399, § 56, 5-15-02; Ord. No. 07-464, § 7(Exh. B), 4-11-07)

Sec. 26-497. – Parking for compact cars.

A maximum of 35 percent of the spaces may be designed and reserved for small or compact cars. In addition, no such compact spaces shall be permitted in any building designed to be used for residential purposes or in parking lots of less than 40 parking spaces. Compact parking spaces shall be identified by appropriate directions and marking.

(Ord. No. 89-712, § 2, 5-17-89; Ord. No. 07-464, § 7(Exh. B), 4-11-07)

Sec. 26-498. – Off-site parking.

(a)

Except as otherwise provided herein specifically including but not limited to land included within a PMA created under the provisions of section 26-500 of this Code, no site plan or building permit shall be approved by the department unless at least 75 percent of the parking facilities required by this article are located on the site for which the permit is sought. Provided, however, that all or any portion of the parking facilities required by this article may be located off the site for which the permit is sought if those parking facilities are located no more than 250 feet from a public entrance and that 250 feet is on a clearly delineated pedestrian path or walkway.

(b)

No site plan or building permit shall be approved by the director for any off-site parking facility intended to provide 25 percent or less of the parking requirements imposed by this article for that use, unless a principal public entrance for such parking facility is located 500 feet or less from a principal public entrance to the proposed or existing building; provided, however, that parking areas designated for employee parking only may be up to 500 feet from an employee entrance to the structure. All distances shall be measured along sidewalks and other passageways which are intended to be and remain open to the public at all times. In the event that more than one parking facility or building is to be constructed or provided under the requirements of this article, the director, based on recommendations from the traffic engineer, shall determine compliance with this section on the basis of the distance between a principal entrance of the structure containing the parking facility and a principal entrance of the nearest building to be served by such facility or facilities.

(c)

Where off-site parking is proposed in excess of that otherwise permitted in this section, no permit shall become effective, and no use dependent upon such parking shall begin or continue, unless and until a variance has been granted under the provisions of division 5 of this article and until a memorandum of lease (or the complete lease agreement) in recordable form duly signed and acknowledged by the owner of the land to be used for parking shall have been furnished to the city, in form and substance approved by the city’s legal department.

(d)

The memorandum of lease (or complete lease agreement) shall provide that the leased property shall be used solely for parking purposes and shall insure the continued availability of the off-site parking facilities for the use they are intended to serve. In the event of the termination of the lease or if the leased property which is required to meet the minimum parking requirements ceases to be used for such purpose for whatever reason, immediate steps shall be taken by the holder of the certificate of occupancy to obtain substitute approved parking which will comply with the requirements of this article. If no such acceptable arrangements are made within 90 days, the director may revoke the certificate of occupancy for that use and that use shall cease immediately. Provided, however, that if a holder of a certificate of occupancy has provided for leased property to be used solely for parking purposes as herein provided, and that leased property becomes unavailable through no fault of the holder of the certificate of occupancy or is rendered unusable through no fault of the holder of the certificate of occupancy, that holder must make substitute approved parking arrangements which comply with the provisions of this article within 120 days. If such arrangements are not made within that time frame, the director may revoke the certificate of occupancy for that use and that use shall cease immediately.

(Ord. No. 89-712, § 2, 5-17-89; Ord. No. 07-464, § 7(Exh. B), 4-11-07)

Sec. 26-499. – Shared parking requirements.

(a)

Notwithstanding any other parking requirements of this article, when any parcel of land is proposed to be used for two or more of the distinguishable purposes listed below (i.e. mixed use development), the adjustment of the minimum number of parking spaces required to serve the combination of all occupancies shall be determined in accordance with the following formula:

(1)

Determine the minimum amount of parking required for each occupancy as though it were a separate use;

(2)

Multiply each such amount by the corresponding percentage for each applicable time period showing in the following schedule:

PARKING CREDIT SCHEDULE

  Weekdays Weekends
  Nights
Midnight—
6 a.m.
Day
9 a.m.—
4 p.m.
Eve.
6 p.m.—Midnight
Day
9 a.m.—
4 p.m.
Eve.
6 p.m.—
Midnight
Uses          
Commercial/Retail 5% 50% 90% 100% 70%
Hotel 80% 80% 100% 80% 100%
Office/Industrial 5% 100% 10% 10% 5%
Restaurant 10% 50% 100% 50% 100%
Entertainment/recreation
(theatres, bowling alleys)
10% 40% 100% 80% 100%
All others 100% 100% 100% 100% 100%
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