Miami Shores Village |
Code of Ordinances |
Appendix A. ZONING |
Article V. SUPPLEMENTARY REGULATIONS |
Division 5. OFF-STREET PARKING REQUIREMENTS |
§ 521. Required off-street parking.
(a)
Schedule of off-street parking requirements. Proper parking spaces shall be provided at the time of the erection or occupancy of any main building or structure, or at the time any main building or structure is increased in occupant capacity, or at the time any use or occupancy of an existing building is changed to a use or occupancy which increases the requirements for off-street parking facilities. Where uses are mixed, the areas shall be identified and calculated by use. Credit for non-useable space in buildings shall be allowed for restroom and hallway facilities only. Credit for pedestrian access shall be allowed at one space per access corridor according to the parking diagram. The number of parking spaces required is specified in the following schedule of off-street parking requirements:
MINIMUM OFF-STREET PARKING SCHEDULE REQUIREMENTS BY USAGE*
RESIDENTIAL USES: SPACES REQUIRED: LOADING SPACES REQUIRED**: Dwellings
Single-Family (1 unit)2 spaces/dwelling unit None Dwellings
Multi-family apartment buildings2 spaces/unit 1 space per 25,000 sq. feet of bldg. NON-RESIDENTIAL USES: SPACES REQUIRED: LOADING SPACES REQUIRED**: Assembly occupancies
(Calculated based upon fixed seating, floor space, or a combination thereof depending on floor plan): Theaters, auditoriums, stadiums, churches, banquet halls, gyms, food service areas, private clubs, and similar uses (for non-assembly areas, see offices, retail areas, etc. under separate listings).1 space/3 seats plus 1 space/60" lineal bench seating plus 1 space/75 sq. ft. in assembly room areas (without fixed seats) 1 space/25,000 sq. ft. gross floor area Auditoriums See assembly occupancies Automobile centers
(sales and service)1 space/250 sq. ft. office or retail areas, plus 1 space/600 sq. ft. showroom areas, plus 1 space/500 sq. ft. of remaining floor area 3 spaces/5,000 sq. ft. of open lot area 1 space/43,000 sq. ft. gross lot area Gasoline dispensing stations 2 spaces plus 1 space/250 sq. ft. of retail. Banks, financial institutions 1 space/250 sq. ft. 1 space/25,000 sq. ft. of bldg. floor area Beauty and barber shops/Hair cutting salons 1 space/ 250 sq. ft. 1 space/25,000 sq. ft. of building floor area Bowling alley See Recreation Child care See Home Church See Assembly College See Schools Dormitories, fraternities See Schools (College/University) Government bldgs. 1 space/300sq. ft. 1 space/25,000 sq. ft. of building floor area STUDIO ARTS: Health clubs, spas, fitness clubs, karate, dance, or instructional classes 1 space/100 sq. ft. of instructional or exercise area plus 1 space per 250 sq. ft. of additional area 1 space/25,000 sq. ft. of building floor area Exercise studios in C districts only 1 space/350 sq. ft. 1 space/25,000 sq. ft. of building floor area Homes, group A. Under 6 clients 2 spaces/dwelling unit 1 space/25,000 sq. ft. of building floor area B. 7, up to 14 clients: 1. Adult Care Group Homes 1 space per employee plus .5 spaces per bed based upon the maximum number of residents permitted to reside therein 1 space/25,000 sq., ft. of building floor area 2. Child Care Group Home 1 space per employee plus 1 space/10 children or fraction thereof 1 space/25,000 sq., ft. of building floor area Hotels, motels 1 space/employee plus: 1 space/25,000 sq., ft. of building floor area A. Room or suite 1 space/room or suite B. Meeting or banquet rooms 1 space/3 fixed seats plus 1 space/ 25 sq. ft. in all assembly areas (without fixed seats) C. Office 1 space/250 sq. ft. D. Restaurant 1 space/100 sq. ft. gross floor area E. Retail 1 space/250 sq. ft. Medical See offices Offices: A. Professional/Non-medical 1 space/250 sq. ft. 1 space/25,000 sq. ft. building floor area B. Medical 1 space/200 sq. ft. 1 space/20,000 sq. ft. building floor area Parks See Recreation Recreation
(Each usage calculated separately).1 space/25,000 sq. ft. bldg. floor area Office/retail 1 space/250 sq. ft. Baseball 1 space/batting cage Tennis 3 spaces/court Golf course 90 spaces/9 holes Golf driving range 1.2 spaces/tee Religious institutions See assembly Restaurant, wine and beer cafes 1 space/25,000 sq. ft. building floor area A. Sit Down New construction 1 space/100 sq. ft. There shall be no off-street parking requirement for any restaurant, wine and craft beer cafe or alcoholic beverage establishment located in a building for which a certificate of occupancy was issued on or before December 31, 2015. New construction shall be defined as any new principal building or structure for which a certificate of occupancy was issued on or after January 1, 2016, or any addition or improvement to a building or structure the cost of which exceeds fifty percent (50%) of the total assessed value of the building or structure before the improvement. B. Take-Out Only 1 space/ 250 sq. ft. Retail (all) 1 space/250 sq. ft. 1 space/25,000 sq. ft. bldg. floor area except: Furniture, lighting or flooring only specialty stores. 3 spaces/first 2,500 sq. ft., 1 space/500 sq. ft. thereafter reserved future parking spaces at a ratio of 1 space per 250 sq. ft. must be identified and landscaped, not to be counted toward meeting landscape requirements. 1 space/25,000 sq. ft. bldg. floor area Schools
Parking uses calculated individually by specific usage according to the parking ordinance requirements)College/universities 1 space/25,000 sq. ft. bld. area 1. Classroom 1 space /classroom plus 3 spaces/100 sq. ft. of classroom 2. Dormitories/fraternities, sororities 3 spaces/4 beds 3. Gymnasiums, sporting fields, offices, retail, food service, etc. — see separate use categories in the schedule Elementary/middle, elemiddle 1 space/classroom plus one space per employee (excluding teachers), plus 1 space/100 students), plus 4 spaces for stacking/queuing, (student drop-off/pick-up). 1 space/25,000 sq. ft. bldg. floor area High schools 1 space/classroom plus one space per 10 seats plus 2 spaces for auto stacking/queuing 1 space/25,000 sq. ft. bldg. floor area STUDIO ARTS: Karate, dance, exercise, aerobic 1 space per 100 sq. ft. plus 1 space/250 sq. ft. for office or retail 1 space/25,000 sq. ft. bldg. floor area Kindergarten/nursery school 1 space/800 sq. ft. 1 space/25,000 sq. ft. bldg. floor area Determination for unlisted uses. In the case of uses not listed in this schedule, the village shall make a determination of the minimum required off-street parking spaces. In reaching the determination, the village shall be guided by the requirements for similar uses, the number and kind of vehicles likely to be attracted to the proposed use and studies of the parking requirements of such uses in other jurisdictions or as referenced in nationally recognized parking standards.
* Usage—All square footage measurement is gross floor area per fraction thereof. All fractions for spaces required are rounded up (i.e. 1.5 spaces = 2 spaces).
** Where special circumstances exist with an above average amount of deliveries/pick-ups, the planning and zoning director may require one additional loading space.
(b)
Size, materials, and location of off-street parking spaces and access aisles.
(1)
General requirements.
a.
Driveways, parking spaces and access aisles must be paved with asphalt, bitumen, concrete or interlocking pavers or bricks. Loose materials such as gravel or mulch are prohibited. A right-of-way covenant, signed by the owner, is required prior to paving on the right-of-way.
b.
With the exception of single-family dwellings, parking lots shall have each parking space marked according to the dimensions contained in Illustrations #1 and #2 of the off-street parking requirements. All required parking spaces shall be located at grade level or above.
c.
Temporary parking shall be allowed on the swale/parkway provided that no damage occurs to the grass and landscaped areas and that parking does not cover any portion of the sidewalk.
d.
Each parking space shall be paved and accessible from a street or alley, from an adequate paved aisle or driveway leading to a street or alley without driving through any other space except as may be provided for in the Code.
e.
In all districts, the parking shall be arranged so that there is no back out movement into adjacent properties.
f.
All driveways and access aisles shall meet the safe site distance/triangle of visibility requirements as noted in Illustrations #4 and #5 of the off-street parking requirements.
g.
The required parking spaces for a single-family dwelling shall have a minimum length of 18 feet and a minimum width of nine feet when located within an enclosed structure.
h.
The required parking spaces for a single-family dwelling shall have a minimum length of 18 feet and a minimum width of eight feet, or nine feet in width if located side by side, when located on an open driveway or parking pad.
i.
Not less than 50 percent of the front yard or swale/parkway shall be maintained as green space (pervious area).
(2)
Single-family uses.
a.
Driveway/parking spaces on the single-family plot. For all single-family uses, driveway/parking spaces on the plot shall comply with the following requirements.
1.
Driveways shall be a minimum of 8 feet wide and a maximum of 20 feet wide.
2.
All driveway areas must be a minimum of 10 feet from adjoining property lines at all points.
3.
All driveways on the right-of-way must be a minimum of five feet from the prolongation of the property lines extended except driveway flares may be located not less than three feet from the prolongation of the property lines extended.
4.
When located in the rear and serviced from an alley, access aisles shall be a minimum of eight feet wide and shall not be wider than 20 feet.
5.
All aisles must be 15 feet from an intersection and must meet setbacks as required in this division.
6.
Circular drives located wholly on the plot and their extension through the swale/parkway to the edge of the paved roadway may be a minimum of eight feet wide and a maximum of 12 feet wide.
7.
The total of all paved areas in the front yard shall not occupy more than 50 percent of the required front yard with at least 50 percent of the front yard to be maintained as green space (pervious area).
8.
All driveways on the property that do not connect to a garage or carport must be setback a minimum of five feet from any point on any building.
9.
Parking areas in the front, side and rear yard must be setback a minimum of ten feet from each side yard plot line.
10.
Driveway flares shall not exceed 5 feet in width.
b.
Driveway/parking spaces on right-of-way. Parking for adjoining single-family detached residences may be approved on the swale/parkway subject to the following requirements:
1.
All required parking must be located on the plot it serves. Street, sidewalk or parkway/swale areas may not be used for required off-street parking purposes. No paving (except village projects) shall be permitted on the swale/parkway unless all required parking spaces consistent with this Code are provided on and for the adjoining property.
2.
A public works permit is required and must be applied for and approved before any paving, planting or any other activity not undertaken by the village, takes place in the swale. Swale/parkway areas may be paved for driveways or parking if the design is approved by the director of public works.
3—8.
Reserved.
9.
A covenant for the maintenance of the parkway/swale area must be completed and signed by the adjoining property owner who is the applicant for a public works permit. A covenant shall be signed by such owner of the adjoining property in consideration of the approval of a public works permit to construct in the swale/parkway. The covenant signed by the adjoining property owner shall at a minimum confirm the responsibility of such adjoining property owner for maintenance of the swale/parkway, liability and removal or relocation of the driveway in the right-of-way if required by the village.
(3)
Multi-family, commercial, community facility, college, and university uses.
a.
Minimum parking space dimensions. Off-street parking spaces shall consist of parking spaces having minimum dimensions and shall be identified as required in the diagrams for off-street parking (see Illustration #1 through #5). Access drives and aisles shall be at or greater than the minimum widths shown but not more than the maximum allowed, unless approved on the site plan.
b.
Parking plans. The parking plan must be so arranged that each automobile may be placed and removed from the parking space assigned thereto and taken to and from the property without the necessity of moving any other automobile to complete the maneuver. A rental car agency or a new car dealer storage building, where vehicles are held for sale or rent to the public, may be allowed to stack vehicles if approved on a site plan. Under these provisions, vehicles may be stacked except for employee and customer parking as approved on the site plan.
c.
Parking to be on site. Street and/or sidewalk areas may not be used for required off-street parking purposes.
d.
Parking setbacks. Parking areas shall not extend closer than ten feet to any abutting property line for residential and five feet for nonresidential. Required front, side or rear yards may be used for off-street parking except as may be approved by the planning and zoning board as part of site plan approval.
e.
Landscape and screening of parking areas. All parking areas shall be landscaped in conformance with the paved area landscape requirements in the landscape code of the village. All areas abutting right of ways shall be screened and landscaped according to ordinance requirements.
f.
Size and location of access aisles. Individual ingress and egress drives extending across the public sidewalks and curbs and connecting the off-street parking spaces to the public street areas shall be a minimum of 12 feet and a maximum of 20 feet for any multi-family or a non-residential one-way drive and a minimum of 22 feet and a maximum of 30 feet for any two-way drive. Commercial access aisles are permitted at the distance of one per 100 feet of frontage but must be 15 feet from any street intersection.
g.
Cross access agreements. Two or more owners and operators of commercial buildings or uses of the same type of land use classifications requiring off-street parking facilities may take collective provision for such ingress and egress facilities provided that the combined facility is compatible with the land use being served. Where a parking area is adjacent to a park, community facility, or another business, no connecting driveway shall be allowed from one property to the next without village and the adjoining property owner's approval.
h.
Reserved spaces. Spaces marked reserved or designated for a certain use may not be counted as fulfilling parking requirements where businesses share parking (e.g., shopping centers). Each use must provide parking on site as required in this division.
i.
Pedestrian walkway credit. Credit for one parking space per pedestrian access aisle per row of spaces crossed may be allowed by the administrative official. (Refer to Parking Illustration # 1).
j.
Parking or storage of rental vehicles. Parking or storage of rental vehicles in connection with a licensed and authorized rental car agency shall be located on the same lot or parcel of property as the licensed office of the rental car agency as may be permitted as an allowed use. Such lot or parcel shall be contiguous to the lot or parcel on which the main rental agency or office is located. The storage of rental cars does not require standard parking spaces for storage areas provided such areas are located within an enclosed parking structure which is used and accessed only for retrieval and removal of rental vehicles, is not used by the public, and is approved at a public hearing.
(4)
Plan approval for ingress/egress, curbs, and sidewalks. The plan for ingress and egress, curbs and sidewalks associated with any off-street parking areas is subject to the approval of the village. Curbs or sidewalks may not be cut or altered in any manner without a permit from the village and all other applicable county or state agencies. Interior parking lot curbs may be cut to allow for drainage and for pedestrian access, subject to approval by the administrative official. Curbing must be installed throughout the parking areas in all parking lots other than single-family properties in order to protect landscaping. Bumper stops may be installed in lieu of curbing when approved by the administrative official.
(c)
Off-site parking spaces. Notwithstanding anything to the contrary contained herein, off-site parking may be allowed in the commercial, college, community facilities, and park land use districts after approval at a public hearing by the planning and zoning board, provided the following conditions are met and agreed to by the applicant in a form acceptable to the village:
(1)
The off-site parking facility is located within one-quarter mile of the main parcel for which permission for off-site parking is being sought.
(2)
An application, as required by the administrative official has been filed with and accepted by the administrative officials as being in compliance with the requirements set forth herein.
(3)
The application, as filed with the administrative official, is in the name or names of the owner of the real property seeking permission to utilize an off-street parking facility, the name of any tenant or business on such real property seeking permission to utilize an off-street parking facility, and in the name of the owner of the real property proposed for use as an off-site parking facility.
(4)
The applicants provide to the village an opinion of title acceptable to the administrative official showing the ownership of both parcels in question to be listed in the names of the applicants as of the date of any action by the village council on the request for special exception.
(5)
The property proposed to be utilized as an off-site parking facility is not currently required parking for any other use granted by the village and it shall have sufficient unallocated parking available.
(6)
The application reflects that all parties acknowledge that the off-site parking facility is to be used only for off-site parking as required by the proposed business, and that such off-site parking facility shall not be available for any other use.
(7)
The parties acknowledge that no nonconforming status shall attach to the business, use, structure or real property having such off-site parking, and in the event such business or land shall lose its authority or permission to utilize such off-site parking, any such use which has been allowed based upon the use of such off-site parking facility shall immediately cease.
(8)
The agreement provided to the village shall be properly witnessed and notarized, shall be recorded in the official records of the county, and shall be binding upon the parties' heirs, assigns, and devices.
(9)
Any cost to the village for recording of such agreement or attorney's fees in the preparation, review or filing of such agreement shall be prepaid by the applicant prior to any village council action on such request for special exception.
(10)
Any parking provided on any such off-site parking facility should be upgraded to meet current village codes for required parking including landscape requirements.
(11)
The agreement shall specify that the business for which off-site parking is being sought shall have all owners, employees or agents of such business park on such off-site facility, and not park on the real estate for which permission for off-site parking is being sought, and any violation of such parking restriction shall cause such agreement to be revocable by action of the planning and zoning board.
(12)
The agreement provided to the village, and any agreement for use of off-site parking facilities, shall not be assignable by the applicants, and any agreement for the use of off-site parking facilities shall be subject to being revoked by action of the planning and zoning board in the event that any of the applicants shall sell or covey the facility for which permission for utilization of off-site parking is being sought, the off-site parking facility, or the business seeking permission for utilization of an off-site parking facility.
(13)
Any certificate of occupancy or business tax receipt issued concerning the property for which off-site parking is being sought shall specifically be issued conditioned upon the owner or holder of any such approval maintaining the exclusive right to use such off-site parking facility.
(d)
Handicapped parking. Handicapped parking shall meet the requirements of the state handicapped access code, F.S. 553.501 et. seq.
(e)
Utilization of parking structures. When off-street parking facilities are located within a separate parking structure, the following conditions and restrictions shall apply:
(1)
The structure shall conform to all lot, yard and bulk requirements of the district in which it is located and shall be approved after a public hearing before the planning and zoning board.
(2)
The parking facilities shall conform to all other provisions of this Code and all other ordinances of the village.
(3)
All nonstructural portions of the exterior elevations except for vehicular ingress and egress areas shall, in addition to any required safety provisions, be screened by a sight block of no more than 60 percent solidity for the total areas between dock levels, such sight blockage to be determined by elevation. Screening shall extend the full distance between deck levels except for vehicular ingress and egress as set out in this article and as may be approved at the time the site plan is approved.
(4)
When parking facilities are located on the roof of a structure, a five-foot sight block shall be provided unless modified at the required public hearing. The height of a building shall be measured to the top of the sight block.
(5)
Lighting may be located along the inside wall of the sight block to cast light away from adjacent properties.
This subsection shall not apply to or be construed to prohibit the construction of freestanding carports or garages as accessory structures to single-family dwellings
( Ord. No. 711-15, § 3, 11-3-15 ; Ord. No. 739-17 , § 2, 11-7-17)