ARTICLE 10.1000 PARKING RESTRICTED IN RESIDENTIAL DISTRICTS*

Sec. 10.1001 DefinitionsCommercial Vehicle. Every vehicle, including motor vehicles and trailers, designed, maintained or used primarily for the nonrecreational transportation of property and/or people and the gross weight. of which exceeds three and one-half (3-1/2) tons. This definition shall never be construed to include motor vehicles commonly known as "pickup trucks".

Trailer. Every vehicle, designed or used to carry its load wholly on its own structure and for being drawn by a motor vehicle.

Semi-Trailer. Every vehicle designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some or part of its weight or load rests upon or is carried by another vehicle.

Pole Trailer. Every vehicle, not a trailer or semi-trailer (as defined above) designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, pipe or structural members capable generally of sustaining themselves as beams between the supporting connections.

Truck Tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than part of the weight of the vehicle and load so drawn.

Residential District.

(1) Any lot or tract of land zoned to permit or actually used for residential purposes;

(2) Any area within the city zoned for use as or actually used for residential purposes.

Recreational Vehicle. Every motor vehicle, trailer or semi-trailer primarily designed and used as a temporary living quarters for recreational, camping or travel use; including motor homes, truck camper, travel trailer and camping trailer.

(1959 Code of Ordinances, Sec. 10-19-1)

Sec. 10.1002 Parking ProhibitedIt shall be unlawful for any person to park a commercial vehicle, trailer, semi-trailer, pole trailer, truck tractor or recreational vehicle on a street or lot in a residential district or on a street bordering a residential district. (1959 Code of Ordinances, Sec. 10-19-2)

Sec. 10.1003 PenaltyAny person violating the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall he fined in accordance with the general penalty provision found in Section 1.106 of this code. (1959 Code of Ordinances, Sec. 10-19-3)

Sec. 10.1004 PresumptionThe presence of any of the vehicles aforementioned in a prohibited area shall be prima facie evidence that such vehicle is illegally parked and that same is illegally parked by the owner of such vehicle or with the permission and consent of such owner. (1959 Code of Ordinances, Sec. 10-19-4)

Sec. 10.1005 ExceptionsThe prohibitions of this article shall not apply to:

(1) Trucks and trailers designed and used for transporting furniture and household goods while in the process of loading or unloading said items;

(2) Other trailers or commercial vehicles while in the process of loading or unloading;

(3) Mobile homes (as defined elsewhere within this code) provided that their right to occupy the location appears affirmatively from other statutes or ordinances;

(4) Trailers and semi-trailers used for recreational or home owner utility purposes and recreational vehicles (units hereinbelow) parked as follows:

(A) Inside parking, or

(B) Outside parking in a side yard not adjacent to and parallel to a street so long as the unit is set back from the property line at least five feet (5'), or

(C) Outside parking in the rear yard so long as the unit meets the setback requirements of an accessory building, as established elsewhere within this code, or

(1959 Code of Ordinances, Sec. 10-19-5)

(D) Outside parking in the front yard or a side yard adjacent to and parallel to a street so long as:

(i) Space is not available or there is no reasonable access to either the side yard not adjacent to and parallel to a street or rear yard; a corner lot is always deemed to have reasonable access to the rear yard;

(ii) Inside parking is not possible;

(iii) The unit is parked perpendicular to the street curb or street edge, or parallel on an improved surface semi-circular drive;

(iv) No part of the unit extends over a public sidewalk; and

(v) Providing the body of the unit (exclusive of tongue) is at least ten feet (10') from the face of the curb or, should there be no curb, ten feet (10') from the end of the street pavement.

(E) Parking is permitted in a residential district, as provided above, only if the unit is:

(i) Not used for permanent dwelling purposes (unless said right appears affirmatively from other statutes or ordinances) but may be used temporarily as guest quarters for a period not to exceed more than fourteen (14) days in any six (6) month period; and

(ii) Not connected to water lines or sewer lines (unless said right appears affirmatively from other statutes or ordinances) for a period of time exceeding fourteen (14) days in any six (6) month period.

(Ordinance adopted 8/3/04)

(F) Notwithstanding the above, a unit may be parked anywhere on the premises during active loading or unloading and the temporary use of electricity or water line hookup is permissible when necessary to prepare a recreational vehicle for use

(G) Any vehicle parked for a period of less than two (2) hours while the person parking same is consuming a meal.

(1959 Code of Ordinances, Sec. 10-19-5)

ZONING

Sec. 511. Off-Street Parking Standards A. Off-Street Parking Required

1. General Requirements. Except in the CBD District, no Certificate of Occupancy shall be issued for the use of land or a building for residential, commercial, industrial or any other purpose until adequate off-street parking as required in this Section has been provided.

2. Major Repair or Alterations.

a. For the purpose of calculating parking, major repair or alteration shall refer to either of the following construction activities: 1) expansion of floor area of an existing building equal to or in excess of 25 percent of the present floor area of the building in question; or 2) repairs or alterations to an existing building that are expected to increase the monetary value of the building by a factor of 50 percent or more, as determined by the Building Official.

b. Except in the CBD District, no Certificate of Occupancy shall be issued for major repair or alteration of an existing attached single-family, two-family, multifamily, commercial or industrial building or structure unless off-street parking in conformity with this Section has been provided.

c. Except in the CBD District, no Certificate of Occupancy shall be issued for major repair or alteration of an existing detached single-family structure unless off-street parking in conformity with this Section is provided. For major repair or alternation of a detached single-family structure, off-street parking and any connection to the right-of-way for the public street or alley may consist of an all-weather surface; a paved surface shall not be required.

3. Change of Occupancy. Except in the CBD District, no Certificate of Occupancy shall be issued to allow a change from one major occupancy category to another (as identified by the Standard Building Code adopted by the City of San Angelo) unless off-street parking in conformity with minimum standards of this Section has been provided. The amount of additional parking shall be limited to the required parking calculated for the new use minus any required parking calculated for any previous use of the building before off-street parking standards were implemented on March 23, 1954, whether or not adequate parking actually existed for such previous use.

B. Required Off-Street Parking Table

Use Off-Street Parking Required

RESIDENTIAL

Group housing, including assisted living facilities, retirement centers, rooming or boarding houses (not including dormitories or nursing or

1 space/residential unit

convalescent homes)

Multifamily dwelling

1 Bedroom apartment 1.5 spaces/unit

2 Bedroom apartment 1.75 spaces/unit

3 Bedroom apartment or larger 2.0 spaces/unit

Single-family dwelling or two-family dwelling 2 spaces/dwelling unit

NONRESIDENTIAL

Day Care 1.5/employee

Furniture store, including home appliance stores 1 space/400 gross SF

Hotels, motels, dormitories 1 space/2 guestrooms plus

1 space/4 employees

Hospitals, convalescent homes, nursing homes 1 space/4 patient beds plus

1 space/ staff doctor and

1 space/4 employees

Office buildings, including

commercial, government and

professional buildings, and medical

and dental clinics

1 space/300 SF gross

Places of public assembly, private clubs and lodges, bowling alleys, sports arenas, stadiums, gymnasiums and fitness centers, amusement parks, race tracks, fairgrounds, churches, funeral

1 space/400 SF gross

OR

homes, libraries, museums 1 space/10 seats for patron use, whichever is greater

Restaurants, bars, taverns, night clubs, diners 1 space/4 seats for patron use

Retail trade and service establishments including personal service shops, equipment or repair shops, gas stations, motor vehicle sales or repair, banks and other financial institutions (not including furniture and home appliance stores)

1 space/200 SF gross

Schools

Elementary school 1.5 spaces/classroom

Middle school 3 spaces/classroom

High school, college, university, business 9 spaces/classroom

or trade school

Theaters, movie houses 1 space/10 seats for patron use

Manufacturing and industrial

plants, warehouses, research labs,

and food processing plants

1 space/4 employees

C. Rules for Determining Off-Street Parking Requirements

1. When calculation of required off-street parking results in the requirement for a fractional space, any fraction up to and including 1/2 shall be disregarded in the calculation, and fractions over 1/2 shall require one additional off-street parking space.

2. In the case of a use not specifically listed in the table above, the Planning Director shall determine a use on the table that is substantially similar to that proposed, and apply the accompanying off-street parking requirement.

3. No part of required off-street parking facilities shall be included as parking required for another structure or use, except as provided in subsection E, below.

4. In the case of multiple principal uses located on a single lot or tract of land, the total required off-street parking shall equal the sum of the parking required for each of the various uses calculated separately. Except as provided in subsection E below, required off-street parking for one use shall not

be considered as required off-street parking for any other use.

5. For the purpose of computing off-street parking requirements for various retail trade activities, floor area shall mean the gross floor area used or intended to be used for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not mean floors or parts of floors used principally for non-public purposes, such as the storage, incidental repair, processing or packaging of merchandise, for show windows, or for offices incidental to management or maintenance. Fitting rooms, dressing rooms and alteration rooms shall also be excluded from the definition of floor area for the purpose of computing off-street parking requirements for various retail trade activities.

6. Where an open surface is consistently used for an activity allowed by the zoning district where it is situated, such open area shall be considered the same as if it were floor area within a building.

7. In no circumstance shall new construction or installation of any principal building on a lot require any less than 2 off-street parking spaces to be provided in accordance with this Section.

D. Location of Off-Street Parking Facilities

1. All required off-street parking spaces shall be located on the same lot or tract of land as the building and/or activity they are intended to serve, except as provided below.

2. The use of remote or off-premises parking shall be allowed to satisfy the requirements of this Section, including shared parking. Such parking shall be located no more than 400 feet from the facility or activity requiring such parking, and a permanent parking easement shall be secured and legally recorded. Remote or off-premises parking shall comply with all of the standards of this Section.

3. Required off-street parking spaces may be separated by an alley no more than 30 feet wide, from the same lot or tract of land as the building and/or activity which those off-street parking spaces are intended to serve.

E. Shared Parking

Developments or uses with different operating hours or peak business periods may share off-street parking spaces if approved as part of an Alternative Access and Parking Plan and if the shared parking complies with the all of following standards.

1. Shared parking spaces must be located within 400 feet of the primary entrance of all uses served, measured along the shortest legal, practical walking route.

2. A shared parking analysis shall be submitted to the Planning Director, clearly demonstrating the feasibility of shared parking. The study must address, at a minimum, the size and type of the proposed development, the composition of users of the development sharing off-street parking, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. A shared parking analysis found not acceptable by the Planning Director may be appealed to the Zoning Board of Adjustment.

3. A shared parking plan shall be enforced through written agreement among all owners of record. An attested copy of the agreement between the owners of record must be submitted to the Planning Director for recording. Recording of the agreement must take place before issuance of a building permit for any use to be served by an off-site parking area. A shared parking agreement may be rescinded only if all required off-street parking spaces are otherwise provided in accordance with this Section.

F. Maintenance and Design of Public Off-Street Parking Facilities

1. All required off-street parking facilities shall be adequately maintained by the owner in

accordance with the specifications of this Zoning Ordinance, so as to continually provide a suitable area for off-street parking use.

2. The standards of this Section shall be a continuing obligation of the property owner. It shall be unlawful to discontinue, change or dispense with any required off-street parking spaces without establishing alternative parking that meets the requirements of this Section. It shall also be unlawful to use buildings or land without acquiring and developing appropriate areas for off-street parking that meet the requirements of this Section.

3. All areas used for required off-street parking shall be paved, unless specifically exempted by other provisions of this Section.

4. A curb, wheel stop or other suitable barrier may be required by the Planning Director to separate off-street parking areas from public rights-of-way for streets.

5. All off-street parking facilities shall be so graded and drained as to suitably dispose of all surface water accumulated within the area.

6. Parking shall not be allowed in visual clearance triangles (see Sec. 510).

7. No open area in a required off-street parking area shall be consistently encroached upon by any other use, including, but not limited to refuse disposal or commercial display, sale, repair, dismantling or servicing of merchandise, materials, equipment or vehicles.

8. For off-street parking spaces accessory to residential uses in R&E districts, where parking spaces are located greater than 50 feet from the lot line adjacent to an existing or proposed driveway approach from the public street, paved parking and a paved connection to the public street right-of-way shall not be required. An all-weather surface may be substituted for the paving requirement.

G. Minimum Dimensions for Off-Street Parking

Maneuvering

Type of Parking Width Length 1-Way 2-Way

90 degree angle parking 9 feet 18 feet 24 feet 24 feet

60 degree angle parking 9 feet 18 feet 18 feet 20 feet

45 degree angle parking 9 feet 18 feet 15 feet 20 feet

1. Minimum required parking width shall be measured perpendicular to the parking angle.

2. Minimum required parking length shall be measured along a line parallel to the parking angle.

3. Minimum required maneuvering area shall be measured behind each parking space, perpendicular to the building or parking line.

4. When off-street parking facilities are located adjacent to a public alley, the unobstructed width of the alley may be assumed to be a portion of the maneuvering space requirement shown above.

5. Any distinctly separate off-street parking area for two or fewer spaces may utilize the adjacent

public street for maneuvering. Otherwise, in any district, off-street parking shall not include head-in parking adjacent to a public street wherein the maneuvering is done.

6. Where off-street parking facilities are provided in excess of the minimum amounts specified, or where off-street parking facilities are provided but not required by this Section, said facilities shall comply with the minimum requirements for parking and maneuvering space herein specified.

(Section 511, Subsection G. amended by Ordinance adopted 8/3/04)