§ 47-39.A.14. Off-street parking and loading.

A.

Off-street parking required.

(1)

Every building, use or structure, except buildings and structures on portions of plots occupied by a farm, shall be provided with off-street parking facilities in accordance with the provisions of this article for the use of occupants, employees, visitors or patrons.

(2)

All existing off-street parking facilities and all off-street parking facilities instituted after the effective date of this article shall be maintained and continued as an accessory use as long as the building with which the off-street parking facilities are associated continues to exist.

(3)

When any building is modernized, altered or repaired, and provided there is no increase in floor area, capacity, density or change of occupancy, no additional parking space shall be required.

(4)

When any building or use, is changed in use or occupancy, or is increased in capacity, floor area or density, the minimum amount of off-street parking spaces required by this article shall be provided for the gross floor area occupied by any new use or occupancy and for any increased floor area or capacity or overall density. Any such change in use or occupancy or increase in floor area, capacity or density shall also comply with requirements of Section 47-39.A.13, Functional Landscaping and Xeriscaping. For the purpose of this section, a change of use or occupancy shall mean a change from one (1) category of off-street parking requirements to another such category under this section.

(5)

Any change of use or occupancy or any increase in floor area, capacity or density which would result in more than a fifty (50) percent increase of parking spaces to the existing off-street parking facilities shall require the entire premises to be brought into full conformance with the requirements of this article, as a condition of the issuance of any site plan approval or permit required for such changes.

(6)

Maintenance: It shall be unlawful for any owner or operator of any building, structure or use affected by this article to discontinue, change or dispense with the required parking facilities, apart from the discontinuance, sale or transfer of such structure or use, without establishing alternative vehicle parking facilities which meet the requirements of this article. It shall be unlawful for any person, firm or corporation to occupy such building, or structure, for any purpose without providing the off-street parking facilities to meet the requirements of and be in compliance with this article. Failure to maintain the required off-street parking facilities in accordance with this article shall constitute grounds for revocation of any certificate of use issued for use of the premises.

(7)

It shall be unlawful to use any part of private or public property for off-street parking or storage of vehicles which is not constructed, designated and maintained in compliance with this article, except that in one-family detached dwelling residential zoning districts the temporary parking of operable, currently licensed private passenger vehicles shall be permitted in the swale area of rights-of-way sixty (60) feet or less in width which are not designated as a collector or arterial by the Broward County Trafficways Plan or non-trafficway collector roads.

B.

Nonconforming uses. In cases of a building occupied by a use which is not permitted as a new use in the district in which such building is located, where repairs, alterations or refurbishing are carried out in accordance with Section 47-3, Nonconforming Uses and Structures, the existing off-street parking facilities shall also be repaired and refurbished and landscaping installed to the maximum extent possible without reducing the amount of existing parking spaces on site by more than twenty (20) percent.

C.

Location, character and size.

(1)

Location: The off-street parking facilities required by this article shall be located on the same plot or parcel of land such facilities are intended to service, except as provided in Section 47-39.A.2, Off-Site Parking Lots. All off-street parking facilities shall be designed, developed and maintained in accordance with all applicable provisions of this article. When the required off-street parking is to be provided upon an additional plot of land, the owner of such additional plot of land and the owner of the land intended to be served by such off-street parking facilities shall enter into an agreement with the City, whereby the land providing the additional parking area shall never be sold or disposed of except in conjunction with the sale of the building or the use which the additional parking area serves, so long as such parking facilities are required; and said agreement shall comply with Section 47-20.18.

(2)

Size: Each parking space and aisle width shall not be less than the parking dimension standards depicted in the Minimum Space Requirements, at Various Parking Angles for Self-Parking Facilities. If a parking aisle requires access for emergency vehicles, garbage trucks or trucks moving to or from a loading area, that parking aisle shall be at least 24 feet wide.

(3)

Access: All required parking spaces shall be directly accessible from a public or private street, alley or recorded ingress and egress easement. All off-street parking areas shall be designed to permit safe maneuvering of vehicles, and each space shall be accessible without driving over or through any other parking space, except for one-family detached dwellings, two-family dwellings and townhouses having a carport or garage as part of the dwelling unit. No parking space shall be designed to permit backout parking onto a street or alley, nor shall parking spaces be located so as to require backing onto or across a sidewalk, pedestrian crosswalk or other area of high pedestrian concentration except for one-family detached and two-family dwellings and townhouses which have an attached carport or garage as part of the townhouse unit. Backout parking shall not be permitted in any case, on any street or highway designated on the Broward County Trafficways Plan or as a non-trafficway collector road.

(4)

Parking space designation: All required off-street parking spaces shall be clearly delineated by four-inch wide, yellow or white, painted striping, except for one-family detached and two-family dwellings and townhouse dwellings which have an attached carport or garage as part of the townhouse unit, and except for nonresidential uses in rural and agricultural districts which shall require bumper guards or wheel stops in lieu of striping. Parking stalls which abut landscaped areas, sidewalks, structures or property lines shall be designed with bumper guards, wheel stops or contiguous curbing. The required bumper guards, wheel stops or curbing shall be located a minimum of two and one-half (2½) feet from any landscaped area, sidewalk or property line.

(5)

Overhead garage doors: No required off-street parking space may be located in front of any overhead garage door or other loading area in a nonresidential building, except self-storage warehouses. Such area may, however, be used to satisfy the requirements of this section, providing sufficient driveway or aisle width according to Table I is provided adjacent to such off-street loading area.

(6)

Composition: Unless otherwise specifically permitted herein the required off-street parking areas, access aisles and driveways shall be constructed of at least a six-inch course of native limerock, surfaced with asphaltic concrete or Portland concrete. Brick or interlocking pavers may be utilized for one-family and two-family dwellings, and townhouses with attached carports or garages as parking and driveway facilities. The permitted paving surface shall be maintained in a smooth and well-graded condition. Off-street parking areas shall be designed to ensure safe and efficient traffic circulation. The parking facilities shall be of sufficient size to allow necessary functions for loading, unloading and parking maneuvers to be carried out on private property, and completely off the street right-of-way.

(7)

Grass parking:

(a)

Twenty-five (25) percent of the required off-street parking facilities may be provided through the use of grass parking for the following specific uses:

(1)

Theaters and convention centers.

(2)

Schools.

(3)

Religious facilities.

(4)

Hospitals.

(b)

Fifty (50) percent of the required off-street parking facilities may be provided through the use of grass parking for the following specified uses:

(1)

Stadiums and sports arenas.

(2)

Racetracks, fairgrounds, circus grounds.

(3)

Outdoor recreation establishments.

(4)

Funeral homes, mortuaries, cemeteries.

(5)

Outdoor flea market or swap meet.

(c)

Required off-street parking facilities for buildings and uses in agricultural, estate and rural zoning districts may be provided through the use of grass parking.

(d)

Grass parking surfaces shall conform to county specifications, which includes at least a six (6) inch course of natural limerock, surfaced with a species of grass acceptable for high-traffic use. All requirements for landscaping vehicular use areas shall be met as well as all required interior landscaping requirements for parking areas. Grass parking areas shall not count toward satisfying any landscaping area required by Section 47-39.A.13.

(8)

Setbacks:

(a)

Nonresidential uses:

1.

Pedestrian walkways shall be at least ten (10) feet from any building wall, which provides less than twenty (20) percent visibility at eye level, from the interior to the exterior of the building, through windows or doors. Pedestrian walkways shall remain free of obstructions, including, but not limited to, tables and chairs, displays of merchandise, and vending machines.

2.

All driveways and parking aisles shall be at least five (5) feet from any main or accessory building or structure.

(b)

Residential uses: All driveways and parking spaces for one-family attached and detached dwellings on separate plots or lots of record shall be set back at least two and one-half (2½) feet from any side property line.

(9)

Drainage: All off-street parking facilities required by this article shall be drained so as not to cause any nuisances on adjacent or public property and shall be in accordance with the requirements of the appropriate enforcing agency.

(10)

Identification of parking lots: All off-street parking areas required by this article shall be provided with identification as to purpose and location in the form of signage visible to vehicular traffic when such parking areas are not clearly evident from a street or alley. Signage shall comply with all requirements of this chapter for location, size and permitting.

D.

Additional and overflow parking. Every building, use or structure, which complies with the off-street parking requirements of this article may provide additional parking spaces. Such parking spaces may be designed as tandem if attendant parking is utilized.

E.

Drive-through facilities.

(1)

Businesses that provide a drive-through service are required to provide drive-through service lanes or stacking spaces for stacking or queuing, as separate and distinct lanes from the circulation lanes necessary for entering or exiting the plot.

(2)

Each drive-through lane or stacking space shall be separated from other on-site lanes or aisles. Each such drive-through lane or stacking space shall be curbed, striped, marked or otherwise distinctly delineated.

(3)

Drive-through lanes leading to or from gasoline pumps or pump islands shall provide a minimum width of twelve (12) feet for one-way entrance and exit. All drive-through lanes, which lead to two (2) gasoline pump islands shall provide a minimum of twenty-four (24) feet from curb to curb, between pumps or pump islands.

(4)

All drive-in bank facilities shall provide a minimum eight (8) feet wide vehicular service position between each drive-in teller facility.

(5)

A separate and distinct escape lane shall be provided, unless the drive-through lane and stacking spaces adjoin and are parallel to a parking aisle at least twenty-four (24) feet in width. A public street or alley shall not be counted as an escape lane.

(6)

Drive-through lanes or stacking spaces shall not conflict or otherwise hamper access to or from any parking space.

(7)

Pedestrian walkways shall be clearly separated from drive-through lanes or stacking spaces.

(8)

Except for drive-in teller facilities at banks and gasoline pump island drive-through lanes as specified above, any other drive-through lane or stacking space is hereby defined as being nine (9) feet wide by twenty-two (22) feet in length.

(9)

Inbound drive-through lanes or stacking spaces shall be counted from the first stopping point. Outbound drive-through lanes or stacking spaces shall be counted from the last stopping point.

(10)

The required amount of stacking spaces shall be as described in this Section. Any business not listed in this Section shall have the same requirements as the most similar use described therein as determined by the zoning director.

F.

Plans. Development permits as required by Section 47-24.2, Site Plan Development Permit, shall be submitted for a new building, an addition to an existing building, or for a change in the use of any existing building or plot of land required to provide off-street parking under this Section, which plan shall clearly and accurately designate the required parking spaces, access aisles and driveways, and relation to the uses or structures these off-street parking facilities are intended to serve. An off-street parking data box on the site plan shall list the project's off-street parking provided in reference to the satisfaction of all off-street parking regulations of this article including proposed building and site usage and parking totals showing required versus provided.

G.

Calculating required parking.

(1)

Uses not specifically mentioned. The parking requirements for uses not specifically mentioned shall be the same as provided in this article for the most similar use as determined by the zoning official.

(2)

Fractional spaces. When units or measurements determining the total number of required off-street parking spaces result in a fractional space, any such fraction shall require a full off-street parking space.

(3)

Mixed uses.

(a)

In the case of mixed uses, the total requirement for off-street parking spaces shall be the sum of the various uses computed separately and off-street parking for any other use, except for shopping centers, general industrial complexes and storage or distribution warehouses as specified in this Section.

(b)

Shared usage: This Section designates the requirements for time of operation differences between uses.

(4)

Measurements. Gross floor area shall mean the gross floor area inside the exterior walls. In stadiums, sports arenas, religious facilities, bars and other places of assembly in which occupants utilize benches, pews, stools or other similar seating facilities, every twenty (20) lineal inches of such seating shall be counted as one (1) seat for the purpose of computing off-street parking requirements.

(5)

Open air seating. Open air seating shall mean any seating area without a heating or cooling system and where a minimum of two (2) sides are open and unenclosed by walls other than canvas or mesh screening.

(6)

Full service restaurant. A full service restaurant shall mean a restaurant, which functions for the purpose of serving complete meals, prepared and cooked in a kitchen within the restaurant to people seated at tables on the premises, and within which no entertainment is provided other than recorded or live music during the service of meals.

(7)

Fast food restaurant. A fast food restaurant shall mean a restaurant which functions for the purpose of serving either meals or individual food items, prepared and cooked in a kitchen within the restaurant to people either seated at tables on the premises or for consumption off the premises.

H.

Shared usage. Required parking spaces may be permitted to be utilized for meeting the parking requirements of two (2) separate permitted uses when it is clearly established by the applicant that the two (2) uses will utilize the spaces at different times of the day, week, month or year, such as a church sharing spaces with a retail store. A recordable covenant, with the correct legal description, shall be submitted by the owners of the property and the two (2) businesses or tenants involved in a form acceptable to the office of the county attorney. The covenant shall be recorded in the public records of Broward County at the applicant's expense, and shall run with the land. The covenant shall provide that the use or portion of a use, that requires the shared parking in order to obtain the necessary permits or licenses, shall cease and terminate upon any change in their respective schedules of operation that results in conflicting or overlapping usage of the parking facilities, and no nonresidential use may be made of that portion of the property until the required parking facilities are available and provided. The covenant shall also provide that the county may collect attorneys' fees if litigation is necessary to enforce the requirements of this section.

I.

Combined off-street parking. Nothing in this article shall be construed to prevent collective provision for, or joint use of, off-street parking facilities for two (2) or more buildings or uses by two (2) or more owners or operations, provided that the total of such parking spaces when combined or used together shall not be less than the sum of the requirements of the several individual uses computed separately in accordance with this article. In such cases, a recorded agreement shall be executed in the same manner as provided for in this Section.

J.

Use of off-street parking facilities. Parking spaces approved in conformance with this article may be used only for parking of vehicles of owners, tenants, employees and customers utilizing the building or site served by such required parking space. The following uses and activities shall not be permitted in required off-street parking facilities:

(1)

Parking to serve an off-site building;

(2)

Storage, repair or commercial display of any vehicles, equipment or merchandise;

(3)

Parking or storage of commercial vehicles owned, operated or used in the business of a commercial occupant of a building between the hours of 8:00 a.m. and 5:00 p.m.;

(4)

Parking of recreational vehicles, boats and accessory equipment on nonresidentially zoned or used property; and

(5)

Parking of any vehicle, which due to its size, shape, contents or location, creates an obstruction or public safety hazard or which cannot be contained within a single designated parking space.

K.

Storage lots for vehicles, boats and equipment. All open air storage lots for vehicles, boats or trucks located in a commercial zoning district shall be surfaced with asphalt or concrete. All open air storage lots for commercial vehicles, heavy equipment or other motor-driven equipment in an industrial zoning district may be on a non-paved surface, provided same is compacted, stabilized and dust-free.

L.

Lighting. All off-street parking facilities serving multiple-family residential developments containing eight (8) or more dwelling units and serving all non-residentially zoned or used properties shall be illuminated in accordance with the following standards within five (5) years from the effective date of this article.

(1)

For the purpose of this section, open-air parking areas shall include the parking surface of open parking lots and accessways thereto at grade level. Enclosed parking facilities shall include multi-level parking garages and enclosed grade level parking facilities.

(2)

Intensity of illumination:

(a)

Open-air parking areas shall provide an average illumination intensity of one (1) footcandle equal to one (1) lumen per square foot, and shall be well distributed on the pavement areas and pedestrian walkways; however, at no point shall illumination be less than one-quarter (¼) footcandle.

(b)

Enclosed parking areas shall provide an average illumination intensity of fifty (50) footcandles at the entrance, ten (10) footcandles in traffic lanes and five (5) footcandles in vehicle parking areas.

(c)

Automatic teller machines (ATM) shall be provided with a maintained minimum of three (3) footcandles of light measured at grade level. Parking areas that serve the ATM must also meet the three (3) footcandle standard.

(d)

The current edition of the IES Lighting Handbook, published by the Illuminating Engineers Society, 345 East 47 Street, New York, New York, 10017, is the standard to be used by the architect or engineer as a guide for the design and testing of parking area lighting.

(e)

Overspill of lighting onto adjacent properties or rights-of-way shall not exceed three (3) footcandles vertical and shall not exceed one (1) footcandle horizontal illumination measured at grade level. All lighting must be shaded or screened and positioned in such a manner as to minimize offensiveness to persons on neighboring properties and temporary blinding of drivers of vehicles passing illuminated property.

(f)

All required illumination shall be controlled by automatic devices. The required illumination for open-air parking areas shall operate from dusk to dawn with one-half (½) light levels permitted from midnight to dawn. Enclosed parking areas shall maintain the lighting levels specified in this section twenty-four (24) hours a day either by operating lighting at all times, or at all such times as would be required to maintain the required lighting levels.

(3)

Compliance requirements:

(a)

A conceptual parking facility lighting plan, showing the general location and type of lighting proposed, shall be submitted with any application for final site plan approval. Prior to the issuance of a development order for a building permit, a parking facility lighting plan prepared by a registered architect or engineer shall be submitted for new construction, additions to existing buildings, changes of use, or expansion or reconfiguration of parking areas. The lighting plan shall be certified by the registered architect or engineer as providing illumination in accordance with the minimum standards set forth in this section.

(b)

Subsequent construction must comply with the lighting plan.

(c)

As a prerequisite to the issuance of final approval of any parking facility and of the lighting installation, and further, prior to the lighting installation being placed in permanent use, a letter of compliance from a registered professional engineer shall be provided to the zoning official or designee stating that the installation has been field checked and meets the requirements of this section.

(4)

Maintenance requirements: All lighting installations required by this article shall be maintained in compliance with the minimum illumination requirements specified herein by the owners and occupants of the property.

M.

Parking for disabled persons. All applicable state and federal laws relating to parking spaces for certain disabled persons in all public and private parking areas, including minimum dimensions, requirements, location and posting of signs shall be adhered to on all proposed developments and parking facilities which require revisions.

N.

Amount of off-street parking.

(1)

The following minimum amounts of off-street parking shall be provided for all residential buildings and uses:

	Types of Building and Uses	Min. Number of Parking Spaces Required per Indicated Unit	Unit of Measure
(1)	One-family detached dwelling	2.0	Per each dwelling unit
(2)	Two-family dwelling	2.0	Per each dwelling unit
(3)	Townhouse or villa	2.0	Per each dwelling unit located on a single lot of record
	Plus	1.0	Per each 5 dwelling units for guests
(4)	Multiple-family dwelling	1.5	Per each efficiency or one-bedroom apartment unit
		2.0	Per each two-bedroom apartment unit
		2.5	Per each three- or more bedroom apartment unit
	Plus	1.0	Per each 5 dwelling units for guests
(5)	Group dwelling	1.0	Per each room
	Plus	2.0	For owner or manager
(6)	Community residential facility	1.0	Per each 2 bedrooms
	Plus	1.0	Per each 4 bedrooms for owner and staff
(7)	Clubhouse or recreation building for residential development	1.0	Per each 200 square feet of gross floor area
(8)	Golf course	4.0	Per golf green
	Plus	1.0	Per 250 square feet of gross floor area of clubhouse, pro shop, restaurant, etc.
(9)	Miniature golf course	2.0	Per hole
	Plus	4.0	For employees
	Plus		Parking as required for other uses on site
(10)	Nonprofit community centers (i.e. child or adolescent activity centers, athletic facilities, etc.)	1.0	Per 400 sq. ft. of assembly areas
	Plus	1.0	Per each staff member
(11)	Places of worship	1.0	Per each 4 seats
	Or	1.0	Per 50 square feet of worship area, whichever results in a greater amount of required parking

 

O.

Off-street loading.

(1)

On the same plot with every structure or use specified herein which is hereafter erected or created, there shall be provided and maintained adequate space for loading and unloading of materials, goods or things, and for delivery and shipping, so that vehicles for these services may use this space without interfering with the public use of streets, alleys and off-street parking areas by pedestrians and vehicles.

(2)

Where any structure is enlarged or any use is extended so that the size of the resulting occupancy comes within the scope of this section, the full amount of off-street loading space shall be supplied and maintained for the structure or use in its enlarged or extended size. Where the use of a structure or land or any part thereof is changed to a use requiring off-street loading space under this section, the full amount of off-street loading space shall be supplied and maintained to comply with this section.

(3)

For the purposes of this section, an off-street loading space shall be an area at the grade level at least twelve (12) feet wide by forty-five (45) feet long with a fourteen-foot vertical clearance, except that for plots containing an aggregate amount of less than ten thousand (10,000) square feet of gross floor area of buildings, and except for office buildings and banks, an off-street loading space may be ten (10) feet in width by twenty-five (25) feet long. Each off-street loading space shall be directly accessible from a street, alley or driveway without crossing or entering any other required off-street loading space, shall be clearly marked as to purpose, and shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination. Off-street loading spaces shall not be located in a parking aisle and shall not be more than thirty (30) feet from the building, which the off-street loading space serves. Any pedestrian walkway crossing ingress and egress to an off-street loading space shall be clearly marked.

(4)

Off-street loading spaces shall be provided and maintained in accordance with the following schedule:

(a)

For each retail complex, storage warehouse excluding self-storage warehouses, wholesale establishment, industrial plant, factory, freight terminal, restaurant, mortuary, laundry, office building, dry cleaning establishment or similar use which has an aggregate gross floor area of:

Over 2,000 sq. ft. but not over 20,000 sq. ft. .....	1 space
Over 20,000 sq. ft. but not over 60,000 sq. ft. .....	2 spaces
Over 60,000 sq. ft. but not over 120,000 sq. ft. .....	3 spaces
Over 120,000 sq. ft. but not over 200,000 sq. ft. .....	4 spaces
Over 200,000 sq. ft. but not over 290,000 sq. ft. .....	5 spaces
Plus, for each additional 90,000 sq. ft. over 290,000 sq. ft. or major fraction thereof .....	1 space

 

(b)

For each auditorium, convention hall, exhibition hall, museum, sports arena, stadium, hospital, or similar use which has an aggregate gross floor area of:

Over 20,000 sq. ft. but not over 40,000 sq. ft. .....	1 space
Plus, for each additional 40,000 sq. ft. over 40,000 sq. ft. or major fraction thereof .....	1 space

 

(c)

For any use not specifically mentioned in this section, the requirements for off-street parking for a use, which is so mentioned and to which the unmentioned use is similar shall apply. One-family and two-family dwellings and multiple-family dwellings shall not require off-street loading facilities.

(5)

Off-street loading facilities supplied to meet the needs of one (1) use shall not be considered as meeting off-street loading needs of any other use.

(6)

No area or facilities supplied to meet the required off-street parking facilities for a use shall be utilized for or be deemed to meet the requirements of this article for off-street loading facilities.

(7)

Nothing in this section shall prevent the collective, joint or combined provision of off-street loading facilities for two (2) or more buildings or uses on the same site, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are so located and arranged as to be usable thereby.

(8)

Plans for buildings or uses requiring off-street loading facilities under the provisions of this section shall clearly indicate the location, dimensions, clearances and access of all such required off-street loading facilities.

(9)

All off-street loading facilities shall be located on the plot which they are intended to serve.

(Ord. No. C-09-27, § 1, 10-20-09)