§ 17.196.020. General standards.

No land shall be used or occupied, no structure shall be designed, erected or expanded, used or occupied, and no establishment shall be operated, unless sufficient off-street parking and loading spaces are provided in accordance with this chapter. However, the provisions of this chapter shall not apply to established parking districts or uses for which a valid permit has been issued.

A.

Uses Not Listed. For any use, the wording of which is not specifically listed, the housing official shall determine if any other use is similar in nature, and the parking provisions for such a use shall prevail. Where the director of the department of infrastructure and development cannot make a determination of similar use, the planning commission, in accordance with the provisions of Chapter 17.04, Article II, shall review the proposal and make a written determination of similar use upon which the parking provisions for such use shall prevail.

B.

Encroachment. An off-street parking area shall not be encroached upon by buildings, storage, loading or unloading or any other use where such reduction or encroachment will reduce the area below that required by this article, nor shall the number of parking spaces be reduced except upon the granting of a variance by the board of zoning appeals. However, the placement of construction above such parking area shall not be deemed an encroachment if it is part of a building on the site and at least eight feet above the surface of the parking area.

C.

Prohibited Uses.

1.

No parking area shall be used for the sale, repair, dismantling or servicing of any vehicle or equipment or for the storage of materials or supplies, excluding emergency service and repair of vehicles.

2.

No motor vehicle, whether operable or inoperable, shall be parked in the front yard of any residence unless the same shall be positioned in a driveway or designated parking area with continuous access to a public street.

In the event of a violation, the following procedures will be followed:

a.

A parking violation citation will be issued and placed on the windshield of the vehicle. A separate parking violation may be issued after each twenty-four-hour time period.

b.

A person who receives a citation under subsection (C)(2)(a) of this section may:

i.

Pay the penalty, in accordance with instructions on the citation, directly to the city; or

ii.

Elect to stand trial for the alleged violation pursuant to Section 10.24.050 of this code.

D.

Location.

1.

All required parking spaces shall be located on the same lot as the use they serve, except that:

a.

The owner of two or more abutting lots may locate the use on one lot and the parking spaces required for the use on another of his abutting lots; or

b.

Two or more abutting property owners may locate the parking spaces required for their uses on any of their lots if:

i.

The lot(s) providing the parking space abuts the lot(s) containing the use(s) it serves;

ii.

All of the affected lots are in the same zoning district;

iii.

The total number of spaces provided is not less than the sum of spaces required for all the uses;

iv.

Means of pedestrian access is provided from the parking space to the uses so that pedestrians are not required to traverse property owned by other than said property owners, except where public sidewalks may provide the access;

v.

That a recorded lease, easement or other form of agreement be executed among said property owners assuring perpetual use of the required parking spaces until or unless the required parking spaces are located on the same lot as the use they serve. In all cases above, both lots shall be included in the application for a building permit or certificate of occupancy.

c.

Where buildings existing on the date of enactment of this chapter cover a lot or parcel of land to the extent that required parking cannot be accommodated on the site, required parking may be provided on another lot in the same or adjoining district by special exception of the board of zoning appeals in accordance with Chapter 17.232.

2.

All parking spaces and lots open to the sky (i.e., not in garages or carports) shall be located no closer than three feet from the interior property line or back of the sidewalk or eight feet from the curbline where no sidewalk exists, except for abutting property lines of two or more lots exercising the options for common parking stipulated above.

3.

All covered parking spaces and lots, including garages and carports, shall not be located within any yard setback area, except when permitted as an accessory building.

E.

Existing Facilities. Parking spaces and lots serving structures and uses in existence on the initial date of adoption of this chapter and any amendments thereto shall not be subject to the changed requirements of this chapter so long as the kind or extent of use was legal when the structure or use began and has not changed; any requirement for parking spaces, lots, or facility now serving such structures or uses shall not in the future be increased or otherwise changed in kind or extent.

F.

Change in Requirements. Whenever there is an alteration or extension of a use or structure which increases the parking requirements according to subsection H of this section, the total additional parking required for the alteration or extension shall be provided in accordance with the requirements of that subsection.

G.

Construction. All required off-street parking spaces and aisles shall be paved with an all-weather material. For spaces and aisles which are not part of a parking lot as herein defined, this may include gravel or other dust-free material to provide a surface resistant to erosion. However, for parking lots, the paving material shall be limited to asphalt, concrete or similar hard surface material with all parking spaces designated with a four-inch white or yellow stripe painted the entire length of each space in accordance with the dimensional requirements stipulated in subsection H of this section. All parking areas shall be drained to prevent flooding or damage on adjoining properties or city streets.

H.

Required Off-Street Parking Spaces.

1.

All uses and structures shall provide off-street parking spaces in an amount equal to, and not to exceed the number required in Section 17.196.030, parking space requirements, except by an approved request made to the planning commission, as described herein.

Property owners may request up to twenty percent (20%) more parking spaces than allowed by Section 17.196.30. The request may be granted upon a finding that the use of the property will require more spaces than are available within nine hundred (900) feet of the property, either on area streets or in public parking facilities, or that the use requires that additional parking be located on-site.

The planning commission may grant a request to allow additional parking spaces and impose additional requirements to address the impact of the additional spaces. Additional requirements may include:

a.

The use of pervious pavers;

b.

The installation of vegetative planting or structural screening beyond that otherwise required in this chapter and in chapter 17.220; and

c.

The installation of sidewalks, walkways, pedestrian lighting, landscaping, and other site improvements beyond that required in this chapter and chapter 17.220.

2.

Dimensions.

a.

Parking spaces other than those parallel to a curb, aisle or accessway required for off-street parking space shall be at least nine feet wide and twenty (20) feet long. For parallel parking spaces abutting a curb, aisle or accessway, each space shall be eight feet wide and twenty-four (24) feet long.

b.

The Director of the Department of Infrastructure and Development, at the request of an applicant, may approve alternative parking space dimensions of not less than nine feet wide and eighteen (18) feet in length, provided that:

i.

A comprehensive site plan is submitted to the director showing alternative parking space dimensions;

ii.

No compact vehicle spaces shall be approved to meet the minimum parking requirements of this chapter, but said spaces may be used to provide parking above the required minimum.

iii.

These provisions shall not apply to parallel parking.

c.

When approving a comprehensive development plan for a shopping center, the planning commission, at the request of the applicant, may approve a parking space dimension of not less than nine feet in width and eighteen (18) feet in length, provided that no compact vehicle spaces shall be approved to meet the minimum parking requirements of this chapter. Compact spaces may be used to provide parking above the required minimum parking.

d.

Compact Vehicle Spaces Required. No more than fifty (50) percent of parking lots for ten or more vehicles shall be reserved for compact vehicles. Parking spaces for compact vehicles shall be at least eight feet in width by seventeen (17) feet in length. Such spaces shall be designated by signs measuring at least ten by sixteen (16) inches, with letters at least three inches high stating "COMPACT VEHICLES ONLY." Where spaces are grouped together, signs may be placed at each end of the group; otherwise, spaces shall be individually signed.

e.

Number and Computation. In computing the required number of spaces, all fractional numbers shall be increased to the next highest integer. When computation is based on the number of employees, the number employed during the largest work shift shall be used.

3.

Parking and loading requirements shall be determined on the basis of the total amount of gross square feet of building area.

I.

Parking Lots. For the purpose of this title, "parking lots" are defined as facilities providing off-street parking space for five or more vehicles. All parking lots shall meet the design and maintenance standards specified below. All applications for a building or occupancy permit to use land, in whole or in part, as a parking lot as herein defined shall be accompanied by a landscaping plan as stipulated in Chapter 17.220.

1.

Dimensions.

a.

All parking spaces shall comply with the dimensions specified in subsection (H)(1)(a). The minimum dimensions of all aisles providing access to parking lot spaces shall be as follows:

Angle of Parking Space to Aisle	Aisle Width (feet)
	One-Way	Two-Way
Parallel	12	20
30° (150°)	12	20
45° (135°)	15	20
60° (120°)	18	20
90°	24	24

 

b.

No portion of any parking space shall intrude into the required aisle width. For aisles providing access to parking spaces set at angles other than those specified above, the required aisle width shall be that of the nearest specified angle of parking. If equidistant from specified angles, the greatest aisle width of the two nearest angles shall apply.

c.

Handicapped spaces and dimensions shall be provided in accordance with state law.

2.

Obstructions. Parking lots shall be designed to permit each motor vehicle to proceed to and from all unoccupied parking spaces without requiring the moving of any other parked vehicle.

3.

Ingress and Egress. Entrance and exit driveways and aisles linking parking lots to public streets shall comply with the requirements for motor vehicle access stipulated by the city department of infrastructure and development. Parking spaces, other than residential, shall be designed to prevent motor vehicles from backing onto a public street in order to leave the lot.

4.

Location and Yard Requirements.

a.

All parking lots shall meet the location requirements stipulated in Section 17.196.020(D).

b.

All yards surrounding the parking lot, exclusive of driveways providing ingress and egress to the lot, shall be bordered by a curb six inches high along the sides of the yard area abutting the parking lot, including spaces and aisles. Concrete curb or bumpers shall be required in areas where, in the opinion of the director of department of infrastructure and development, a curb constructed of asphalt or similar material would be vulnerable to vehicular damage. If bumpers are provided at the end of each parking space, a curb is not required. Setback areas shall be planted with grass or similar vegetative material and may include shrubs, fences or walls, provided that they are not placed closer than three feet from any parking space.

5.

Structures. Utility poles, light standards and similar structures shall not be permitted within any aisle or parking space. Any structure located elsewhere within a parking lot shall be surrounded on all sides abutting the spaces or aisles by a curb six inches high, separated from the structure by at least three feet, the distance to be measured from the broadest point on each side, exclusive of any portion greater than ten feet from the ground.

6.

Raised Islands. Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway. The raised island shall be bordered by an asphalt or concrete curb six inches high wherever it abuts a space or aisle and shall each be an average of at least eight feet wide and extend the length of the parking space and/or bay. The islands shall be planted with trees, grass, shrubs and similar vegetative materials (see Chapter 17.220) and may be combined with crushed stone. Utility poles and light standards may be installed within the raised islands, provided that they are separated from the spaces and aisles as required in subsection (I)(5) above.

7.

Maintenance. All parking lots shall be kept free from litter and trash. Any vegetative material required herein which dies shall be replaced as soon as recommended seasonal conditions occur for the replacement of the species.

8.

Reduction of Paved Areas. The board of zoning appeals may reduce the required number of paved parking spaces for a proposed retail sales use, provided that the board determines the proposed paved areas will adequately serve the proposed use and provided that land to accommodate the required number of paved parking spaces is set aside and maintained in grass area, and further provided that should the retail sales use be changed, the required paved parking spaces shall be provided.

9.

Up to fifty (50) percent of the parking spaces required for theaters, public auditoriums, bowling alleys, dance halls and nightclubs, and up to one hundred (100) percent of the parking spaces required for a church auditorium, may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those uses listed above; provided, however, that such joint use is approved by the board of zoning appeals and written agreement thereto is properly executed and recorded in the land records of Wicomico County, except that such joint use in a planned development district shall be approved by the city council as part of the development plan.

(Ord. 1976 (part), 2005; Ord. 1952 (part), 2005; Ord. 1599 § 5 (part), 1995; prior code § 150-188)

( Ord. No. 2459, 10-9-2017 ; Ord. No. 2506, 11-13-2018 )