New Kent County |
Code of Ordinances |
Part II. LAND DEVELOPMENT CODE |
Chapter 98. ZONING |
Article XXIII. PARKING AND LOADING AREAS |
§ 98-901. General provisions.
(a)
In any district, all structures erected or enlarged and all uses established, expanded, or changed, for which parking and loading spaces are required, shall provide parking and loading spaces in accordance with the requirements established herein.
(b)
Nothing contained in this article shall prohibit an electric vehicle charging station.
(c)
All required off-street parking and loading spaces shall be maintained for parking or loading use for as long as the principal use for which such spaces were established shall remain.
(d)
In the event more than one use which requires parking or loading spaces is erected or established on the same premises, parking or loading spaces shall be provided on the basis of the sum of the required spaces for each individual use. Upon the submission of operation schedules, a reduction in the number of parking spaces can be made by the zoning administrator, if it can be clearly demonstrated that the peak utilization of the parking facility by the users of the parking facility occurs at different times of the day. Parking space requirements for a shopping center shall be based on the shopping center use provided in section 98-903 and shall not include the parking requirements of individual uses within the shopping center except for theaters or bingo halls.
(e)
Should required off-street parking spaces become unavailable for use at some future time, an equal number of parking spaces shall be constructed and provided on either the primary site or by another off-site arrangement meeting the requirements of this article. Failure to provide or construct such replacement parking spaces within 90 days from the date on which the use of the previously available off-street spaces was terminated shall be a violation of this chapter.
(f)
Business vehicles parked on the site shall not adversely impact the availability of parking for customers, clients or employees.
(g)
Outdoor storage and display shall not be permitted in required parking spaces.
(h)
In calculating the number of required off-street parking and loading spaces the following rules shall govern:
(1)
Floor area shall mean the gross floor area of the specific use measured from the exterior faces of exterior walls or from the center line of walls separating two attached buildings. Unless otherwise specified, floor area shall include associated corridors, utility rooms and storage space.
(2)
Parking spaces required on a per employee or per person basis in the standards which follow shall be based on the maximum number of employees or persons on duty or residing, or both, on the premises at any one time, or the maximum occupancy load (based on the Virginia Uniform Statewide Building Code and fire code) of the building or use, whichever is greater. Overlapping demand for parking spaces at shift changes shall be considered in determining these maximum loads.
(3)
Where fractional spaces result, the parking and loading spaces required shall be rounded to the next highest whole number.
(4)
The parking or loading space requirements for a use not specifically mentioned shall be the same as required for a use of a materially similar nature, as determined by the zoning administrator. However, a site-specific parking analysis and plan may be required by the zoning administrator.
(i)
No zoning certificate or certificate of occupancy may be issued unless the following criteria are fully satisfied with regard to site parking:
(1)
Site parking as shown on an approved site plan has been fully implemented on the site, including, where applicable, installation of landscaping, curbs, paving or other surface treatment, painting or striping to delineate individual spaces, installation of necessary regulatory, warning and directional signage, delineation of handicapped spaces and all other aspects required or shown on the approved plan; or
(2)
Site parking as shown on an approved site plan, because of seasonal or unanticipated weather conditions, cannot be fully implemented immediately, but has been guaranteed by a postponed improvement agreement between the developer and the county in a form acceptable to the county attorney, and secured by a letter of credit, cash escrow or other instrument acceptable to the county attorney in an amount equal to the remaining cost of such implementation plus a reasonable allowance for estimated administrative costs, inflation and potential damage to existing improvements and vegetation. The zoning administrator shall determine, on a case-by-case basis, the minimum acceptable level of improvement necessary for issuance of a temporary zoning certificate under these circumstances. The building official shall determine, on a case-by-case basis, the minimum acceptable level of improvement necessary for issuance of a temporary certificate of occupancy under these circumstances.
(Ord. No. O-13-11(R1), 12-12-2011)
(Ord. No. O-13-11(R1), 12-12-2011)