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52

DIVISION 11. - OFF-STREET PARKING REGULATIONS

Part of the Code of Ordinances of East Providence, RI.

Local law · 2,200 sections

The text

Footnotes:

--- (8) --- Cross reference— Stopping, standing and parking generally, § 18-296 et seq.

Sec. 19-276. - Requirements.#

In any district where permitted, no use of premises shall be authorized or extended, no land shall be used or occupied and no building or structure shall be erected, altered, used or enlarged unless there is provided for such use, extension, erection, alteration or enlargement off-street automobile parking spaces as required in this division. Any building or use of premises existing at the time of the adoption of this chapter with parking space that does not meet the requirements of this chapter will not be required to do so, provided that any enlargement, extension or alteration of the building or use of the premises shall provide off-street parking space as required in this division. Such off-street parking space may be provided in the open or under cover.

(Rev. Ords. 1987, § 19-276)

Sec. 19-277. - Continuation of requirements.#

The off-street parking spaces associated with permitted uses as provided for and required by this chapter shall be a continuing obligation of the present or future owner of any premises and shall not be reduced, changed, encroached upon in any manner or discontinued unless a change in the parking requirements of such associated permitted uses occurs to permit a corresponding change in the size of the required off-street parking area.

(Rev. Ords. 1987, § 19-277)

Sec. 19-278. - Location and street access.#

Each off-street parking space required by this chapter shall have vehicular access to a street and shall be on the same lot or premises as the building, structure or use it is intended to serve, on a lot adjoining the premises or on a lot directly across an adjoining street from the premises. When practical difficulties as determined by the zoning board of review prevent the location of off-street parking space as required in this division, such space shall be located within 400 feet of the premises. In such instances, appropriate deed restrictions and/or easements shall be placed in the land evidence records for both the property on which the use is located and the property on which the parking is located. Such legal documents shall be subject to the review and approval of the city solicitor. Notwithstanding any other provisions of this chapter, off-street parking for commercial or industrial uses as required in this section shall not be permitted in any residential or open space zone.

(Rev. Ords. 1987, § 19-278; Ch. 146, § XIII, 10-23-00)

Sec. 19-279. - Joint use and shared use.#

(a)

Joint use. Nothing in this chapter shall be construed to prevent the joint use of off-street parking space for two or more buildings, structures or uses if the total of such spaces when used together shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the provisions of this chapter.

(b)

Shared use. No part of an off-street parking space required for any building, structure or use for the purpose of complying with the provisions of this chapter shall be included as part of an off-street parking space similarly required for another building, structure or use unless the type of use indicates that the peak period of usage of such buildings, structures or uses will not be simultaneously with each other as determined by the zoning officer. All properties utilizing shared parking under this subsection (b) shall have notice of such restriction recorded in the land evidence records of the city at the cost of the applicant.

(Rev. Ords. 1987, § 19-279; Ch. 146, § XIII, 10-23-00; Ch. 453, § IX, 7-15-08; Ch. 944, § I(Att.), 9-2-25)

Sec. 19-280. - Mixed uses on a premises.#

In the case of mixed uses on a premises, the total requirements for off-street parking space shall be the sum of the requirements of the various uses computed separately as hereinafter required, and the off-street parking space for one use shall not be considered as providing the required off-street parking space for any other use.

(Rev. Ords. 1987, § 19-280; Ch. 146, § XIII, 10-23-00)

Sec. 19-281. - Methods of determining off-street parking requirements.#

(a)

When the schedule requires the on-site number of spaces to be calculated per employee and employees are on the site in shifts, the number to be used is the number of employees present during the largest shift (most employees). It shall mean the total number of employees on the site who will use the site for parking at any one time.

(b)

A garage or carport may be used to meet the requirements of this section. A driveway may only be used to meet the requirements of this section where it serves a single-family or two-family dwelling. Parking spaces may be stacked or in tandem, for no more than two cars deep, one and two-family dwellings only. Parking in the front yard setback shall not exceed one-third of the overall lot width.

(c)

Industrial uses. Where it can be demonstrated, to the satisfaction of the zoning officer and/or the planning board or the department of planning and urban development, that employment projections indicate less parking would be needed than that required by section 19-284 and adequate land is available should future use(s) warrant additional parking, then fewer parking spaces will be allowed.

(d)

If a use is not specifically listed in the off-street parking schedule, the requirements shall be the same as for the most similar use listed as determined by the zoning officer in consultation with the department of planning and urban development referencing the Institute of Traffic Engineers Parking Generation Report.

(Rev. Ords. 1987, § 19-281; Ch. 146, § XIII, 10-23-00; Ch. 642, § IX, 3-15-16; Ch. 944, § I(Att.), 9-2-25)

Sec. 19-282. - Parking space design requirements.#

(a)

Minimum size. Each parking space shall contain an area of not less than 162 square feet for the parking of one vehicle, exclusive of necessary drives or aisles. In allocating space for off-street parking, each parking space shall measure no less than nine feet by 18 feet. Minimum aisle widths shall be as follows:

90 degree angle

parking 24 feet (one-way and two-way traffic)

60 degree angle

parking 23 feet (two-way traffic)

18 feet (one-way traffic)

45 degree angle

parking 21 feet (two-way traffic)

13 feet (one-way traffic)

30 degree angle

parking 20 feet (two-way traffic)

11 feet (one-way traffic)

0 degree angle

parking 20 feet (two-way traffic)

13 feet (one-way traffic)

(b)

Individual parking spaces shall be clearly defined, and permanently marked and maintained on the parking surface with painted lines, or other means acceptable to the zoning officer, and directional arrows and traffic signs shall be provided as necessary for traffic control. A driveway may be considered a required parking space only for detached one- and two-family dwellings and need not contain painted lines.

(c)

Pervious parking surfaces shall be allowed in environmentally sensitive areas, subject to the approval of the zoning officer, in consultation with the director of planning and the city engineer/deputy director of public works.

(Rev. Ords. 1987, § 19-282; Ch. 146, § XIII, 10-23-00; Ch. 642, § X, 3-15-16)

Sec. 19-283. - Plans, construction and maintenance of off-street parking areas.#

(a)

The following requirements establish minimum acceptable standards for alleviating the visual and environmental effects associated with parking facilities. The application of these standards will serve to improve the compatibility and attractiveness of such facilities, provide relief from un-shaded paved areas, and minimize noise and glare from lights associated with off-street parking facilities. In addition, these requirements will improve pedestrian safety, and optimize traffic circulation patterns with better-defined space.

(b)

[Reserved].

(c)

Construction standards. Every parcel of land which after the effective date of the ordinance from which this chapter was derived is changed to a parking area for five vehicles or more, shall be developed as follows, subject to the review and approval of the required plans by the city engineer/deputy director of public works and subject to the approval of the zoning officer and building official:

(1)

Such area where subject to wheeled traffic shall be paved, drained, lighted and arranged and marked for convenient access and safety of pedestrians and vehicles;

(2)

Any light used to illuminate the parking area shall be so arranged as to reflect the light away from adjoining premises and streets;

(3)

Suitable separation shall be made between the pedestrian sidewalk and the vehicular parking or moving area with the use of appropriate bumper or wheel guards or traffic islands;

(4)

Where the portion of the property used for vehicular traffic abuts a street, such portion shall be separated from the street line by a curb at least six inches high;

(5)

The location and extent of the appropriate curb cuts shall be determined by the city engineer/deputy director of public works, subject to the approval of the zoning officer, and wherever state jurisdiction exists, all curb cuts shall be subject to the approval of the state department of transportation as evidenced by submission of an approved physical alteration permit. In order to minimize vehicular conflicts, curb cuts shall be placed at the maximum feasible distance from intersections or from curb cuts for adjacent properties. Except where peculiar site or safety conditions warrant, only one curb cut shall be permitted for each development. Where a lot has more than one street frontage, all curb cuts for multifamily, commercial, or industrial uses shall be located on the primary (arterial or collector) street. This condition may be waived only, if in the determination of the city engineer/deputy director of public works, particular site or safety conditions so warrant.

(6)

A plan that identifies changes in drainage associated with the construction of paved parking areas, and the method(s) proposed to address site drainage, shall be submitted and subject to the review and approval of the city engineer/deputy director of public works in accordance with city standards and requirements.

(d)

Commercial or industrial areas. Where any parking area containing five parking spaces or more and located in a commercial or industrial district adjoins or abuts a residential district or a lot or premises used for residential, educational, recreational or religious purposes, there shall be provided a five-foot wide landscaped strip containing a wall or fence of solid appearance or tight evergreen hedge having a height of not less than five and one-half feet maintained in a neat and attractive manner between the parking area and the residential district or residential, educational, recreational or religious premises, subject to the approval of the zoning officer.

(e)

Residential areas. Where any parking area containing five parking spaces or more and located in a residential district adjoins or abuts a lot or premises used for residential purposes, a wall or fence of solid appearance or tight evergreen hedge having a height of not less than five and one-half feet shall be erected and maintained in a neat and attractive manner between the parking area and the lot or premises, subject to the approval of the zoning officer.

(f)

Landscaping. Any parking area established, expanded, or required to be altered because of building alteration or reuse of premises, after the effective date of the ordinance from which this chapter was derived, shall provide a minimum five foot wide planting strip between the parking area and the street. The planting strip may be interrupted to allow for entrances and exits, but in no portion may the planting strip be less than ten feet in length. The planting strip shall be planted with trees, shrubs, plants or other live vegetation. Such other landscaping treatment as hereinbefore required and practicable to enhance the premises and make the parking area acceptable and attractive to the adjoining neighborhood shall be provided, subject to the approval of the zoning officer.

(g)

Maintenance. Any parking space or area shall be kept by the owner in a neat and attractive manner in accordance with specifications and ordinances of the city. The owner shall be responsible for maintenance of landscaping, including the removal and replacement of all dead or diseased plantings. The parking area shall be plowed and/or sanded within 24 hours after the end of any snow or sleet storm.

(Rev. Ords. 1987, § 19-283; Ch. 53, § VI, 2-3-99; Ch. 146, § XIII, 10-23-00; Ch. 944, § I(Att.), 9-2-25)

Sec. 19-284. - Off-street parking spaces required.#

(a)

In calculating the total number of required spaces, all numbers should be rounded off to the nearest whole number. The following numbers or amounts of off-street parking space or area shall be required for the listed uses in this section according to the following schedule:

Use Spaces Required (Note: GFA is Gross Floor Area)

(1) Dwelling:

(a) Single-family and two-family

(b) Three-family

(a) Two spaces for each household or dwelling unit

(b) One and one-third per dwelling unit

(2) Dwelling, other multifamily and elderly housing:

(a) Dwelling, other multifamily

(b) Dwelling, elderly housing (publicly assisted) (a) Two spaces for each household or dwelling unit, plus one space for each bedroom in excess of two bedrooms

(b) One-half space for each dwelling unit, plus one space for each employee

(3) Congregate care or assisted living facility One space for each three dwelling units or rental units

(4) Child day care center or nursery school One space for each five persons of the facility's licensed capacity, plus three spaces designed for the safe and convenient loading and unloading of children

(5) Churches and other places of worship One space for each eight seats, plus one for each employee

(6) Clinics Four spaces for each doctor, plus one for each employee

(7) Clubs: Civic, social, fraternal One space for each five members or one space for each five seats, whichever is greater, plus one space for each two employees

(8) Clubs: golf country, swimming and similar uses, including yacht clubs One space for each three members, plus one space for each employee

(9) Communications services and broadcasting One parking space for each 400 square feet of GFA

(10) Commercial education institutions, industrial trade schools One space for each instructor, plus one space for each two employees or other staff members, plus one space for each two students

(11) Commercial recreation One space for each 200 square feet of GFA or one space for every three seats, whichever is greater, plus one space for each employee

(12) Community or regional shopping center greater than 200,000 square feet of gross floor area One space for each 250 square feet of retail GFA, plus one space for each employee. Total parking space for restaurant and/or each free-standing use on the premises shall be added cumulatively to the above requirements.

(13) Cultural center One space for each 200 square feet of GFA, plus one space for each employee

(14) Funeral homes and mortuaries One space for each three seats in meetings rooms, plus one space for each employee, plus one space for each company vehicle

(15) Helistop Two spaces where a helistop is located more than 500 feet from the buildings or main premises of the owner or proprietor or as otherwise determined by the zoning officer

(16) Home occupations and professional offices or studios One space for each 100 square feet of floor area so used, plus one space for each employee, plus two spaces for each dwelling unit for permanent occupancy

(17) Hospitals One space for each two beds, plus one space for each two employees including accredited physicians

(18) Nursing or convalescent homes One space for each four patient beds

(19)

(a) Hotels, motels, lodging houses, boarding houses and tourist homes

(b) Bed and Breakfast (a) One space for each guest sleeping room or suite, plus one space for each employee. Total parking space for each accessory use on the premises shall be added cumulatively to the above requirements

(b) One per guest room, plus one for the owner/occupant of the premises.

(20) Industrial and manufacturing establishments One space for each 270 square feet of GFA or one space for each two employees on the largest shift, whichever is most appropriate, subject to the approval of the zoning officer

(21) Institution of higher education One space for each classroom, plus one space for each two employees or staff members other than teachers, plus one space for each two students

(22) Marinas, yacht clubs, boatyards and docks One space for each mooring slip or other berthing facility, plus one space for each two employees

(23) Office uses:

(a) Office use including bank, professional, medical and dental

(b) Office building(s) of greater than 40,000 GFA

(c) Medical and dental

(a) One space for each 500 square feet of GFA

(b) One space for each 500 square feet of GFA

(c) One space for each 200 square feet of GFA

(24) Telemarketing uses One space for each 150 square feet of GFA

(25) Data processing center* One space for each 150 square feet of GFA

(26) Business/technology development, as defined in section 19-1 One space for each 250 square feet of GFA; however, up to 15 percent of the total spaces required may be held in reserve as provided for in section 19-370, pertaining to reserve parking area for business/technology development

(27) Other institutions devoted to the board, care and treatment of humans One space for each four beds, plus one space for each two employees, including accredited physicians

(28) Theatres, auditoriums or other any public assembly area with fixed seats One space for each three seats, plus one space for each employee

(29) Any public assembly area without fixed seats One space for each 100 square feet of total floor area

(30) Public and private elementary and junior high/middle schools Two spaces for each classroom, plus one space for each employee or staff member other than teachers

(31) Public and private high schools Two spaces for each classroom, plus one space for each employee or staff member other than teachers, plus one space for each four students of driving age

(32) Religious institution* One space for each ten occupants, plus one space for each institution vehicle, plus one space per employee

(33) Retail and service business establishments One space for each 500 square feet of GFA

(34) Convenience store One space for each 500 square feet of GFA

(35) Retail furniture and major appliance showrooms One space for each 500 square feet of GFA, plus one space for each employee

(36) Food Service Establishments and Restaurants as defined in R.I.G.L. 45-24.7-2

(a) Indoors

(b) Outdoor

(c) In Mixed Use Overlay Districts (a) One space for each six seats provided for patron use, plus one space for each two employees.

(b) Up to 20 outdoor seats in an approved outdoor dining area shall be exempt from these requirements.

(c) Any indoor or outdoor seating located within the Mixed Use Overlay district is exempt from these requirements provided the physical building footprint has not increased.

(37) Fast food restaurant

(a) Indoors

(b) Outdoor

(c) In Mixed Use Overlay Districts (a) One space for each four seats or one space per 500 square feet of GFA, whichever is greater, plus drive-through window stacking spaces as elsewhere required by this chapter.

(b) Up to 20 outdoor seats in an approved outdoor dining area shall be exempt from these requirements.

(c) Any indoor or outdoor seating located within the Mixed Use Overlay district is exempt from these requirements provided the physical building footprint has not increased.

(38) Manufactured home courts One and one-third spaces for each manufactured home, plus one space for each employee, plus one space for each dwelling unit for permanent occupancy

(39) Wholesale, distribution and warehousing establishments One space for each two employees, or at a minimum, one space for each 2,000 square feet of GFA, plus additional spaces for customers' vehicles as determined appropriate by the zoning officer

(40) Dormitory for institution of higher education One space for each two beds

(41) Other uses (Note: Drive-through stacking land requirements are contained in section 19-464.) The requirement(s) shall be the same as for the most similar use listed as determined by the zoning officer and the department of planning and urban development referencing the Institute of Traffic Engineers Parking Generation Report.

(b)

For the calculation of off-street parking space for proposed development or re-development under the provisions of the Main Street and Neighborhood Center Overlay District, refer to subsection 19-322(d).

(c)

In addition to the hereinabove required off-street parking spaces, adequate provisions shall be made for the off-street parking of all company-owned vehicles operating out of the premises, as determined by the city engineer/deputy director of public works, subject to the approval of the zoning officer.

(d)

The number, size, location and identification of handicapped spaces shall comply with the standards of title III of the American with Disabilities Act (ADA), and as otherwise required by applicable law.

(e)

No part of any required non-residential parking area shall be used for dead storage, automotive repair work, or dismantling of any kind.

(f)

For certain critical areas of concern as identified in the city's comprehensive community plan (1992), namely the Turner Reservoir/Central Pond critical area and the Runnins River critical area, the city may prohibit the provision of off-street parking spaces that are in excess of the number of spaces required under this ordinance.

(g)

Outdoor dining.

(1)

Up to 50 percent of a restaurant and/or fast food restaurant's required non-handicap, on-site parking spaces may be used for outdoor dining, up to a maximum of four required spaces. Additional parking spaces may be utilized for outdoor dining if they conform to all applicable parking and other requirements. See section 19-360.4.

(Rev. Ords. 1987, § 19-284; Ch. 457, § VII, 10-7-97; Ch. 146, § XIII, 10-23-00; Ch. 154, § II, 1-16-01; Ch. 216, § III, 6-18-02; Ch. 470A, § VII, 10-7-08; Ch. 642, § XI, 3-15-16; Ch. 867, § X, 12-20-22; Ch. 914, § I(Att.), 12-19-23; Ch. 919, § II, 5-7-24; Ch. 944, § I(Att.), 9-2-25)

Sec. 19-285. - Off-street loading and unloading—Required areas.#

In order to avoid undue interference with the public use of the street, adequate space for the standing, loading and unloading of delivery vehicles shall be provided and maintained. No land or premises shall be used or occupied and no buildings or structures shall be erected or used unless off-street loading space as required by this chapter is provided. Such off-street space is not required for any building, structure or use of premises existing on the effective date of the ordinance from which this chapter was derived with off-street loading spaces that do not meet the requirements of this chapter; provided however that off-street loading space as required by this chapter shall be provided for by any enlargement, extension or alteration to any such existing structure or use.

(Rev. Ords. 1987, § 19-285)

Sec. 19-286. - Same—Continuation of requirements.#

Off-street spaces with permitted uses as required by this chapter shall be a continuing obligation of the present or future owner of any premises and shall not be reduced, changed, encroached upon in any manner or discontinued unless a change in the off-street loading requirements of such associated permitted uses occurs to permit a corresponding change in the number of off-street loading spaces.

(Rev. Ords. 1987, § 19-286)

Sec. 19-287. - Same—Joint use.#

Nothing in this chapter shall be construed to prevent the joint use of off-street loading space for two or more buildings, structures or uses on the same or contiguous premises if the total of such spaces when used together shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the provisions of this chapter.

(Rev. Ords. 1987, § 19-287)

Sec. 19-288. - Same—Location and street access.#

The off-street loading spaces required by this chapter shall be in all cases on the same premises as the use, building or structure they are intended to serve and shall have vehicular access to a street. In no case shall any required off-street loading space be part of an area used to satisfy the off-street parking requirements of this chapter. The use of such off-street loading space shall not hinder the free movement of vehicles and pedestrians over a street, sidewalk or alley.

(Rev. Ords. 1987, § 19-288)

Sec. 19-289. - Same—Space requirements.#

(a)

For each club of any type, commercial educational institution, commercial recreation, cultural center, educational institution, motel, hotel or motor inn, hospital or sanitarium, office, place of public assembly, elementary, junior or high school or other similar use not provided for in this division, off-street loading and unloading space of at least 480 square feet in area with a minimum width of 12 feet, a minimum length of 40 feet and, where covered, a minimum overhead clearance of 14 feet shall be provided according to the following schedule:

Gross Floor Area

in Square Feet Number of

Off-Street

Loading

Spaces

0 to 9,999 ..... 0

10,000 to 49,000 ..... 1

50,000 to 99,000 ..... 2

Each additional 100,000 ..... 1

(b)

For each business, commercial, manufacturing or industrial enterprise of over 1,000 square feet but less than 4,000 square feet of gross floor or ground area in which commodities are sold, stored, displayed, serviced, repaired, altered, processed or fabricated as the principal use of the premises, off-street loading space of at least 300 square feet in area shall be provided.

(c)

For each business, commercial, manufacturing or industrial enterprise of over 4,000 square feet of gross floor or ground area in which commodities are sold, stored, displayed, serviced, repaired, altered, processed or fabricated as the principal use of the premises, off-street loading space of at least 770 square feet in area with a minimum width of 14 feet, minimum length of 55 feet and, where covered, a minimum overhead clearance of 15 feet shall be provided according to the following schedule:

Gross Floor Area

in Square Feet Number of

Off-Street

Loading

Spaces

4,001 to 8,000 ..... 1

8,001 to 25,000 ..... 2

25,001 to 40,000 ..... 3

40,001 to 100,000 ..... 4

100,001 to 250,000 ..... 5

Each additional 200,000 ..... 1

(Rev. Ords. 1987, § 19-289)

Sec. 19-290. - Same—Plans, construction and maintenance of off-street loading areas.#

(a)

Construction. Off-street loading space and access drives shall be paved, drained and lighted and shall have appropriate bumper or wheel guards where needed, and any light used for illumination shall be so arranged as to reflect the light away from adjoining premises and streets. Where any off-street loading space adjoins or abuts a residential district or a lot or premises used for residential, educational, recreational or religious purposes, there shall be provided a wall or fence of solid appearance or tight evergreen hedge having a height of not less than five and one-half feet maintained in a neat and attractive manner between the off-street loading space and the residential district or residential, educational or religious premises, provided that when the provisions of this division are in the judgment of the zoning officer impossible or impractical of performance, they may be waived by the zoning officer at his discretion.

(Rev. Ords. 1987, § 19-290; Ch. 944, § I(Att.), 9-2-25)

Sec. 19-291. - Land development project approval.#

Any development or construction, whether residential, commercial or industrial, requiring 50 or more parking spaces, must obtain land development project approval subject to article V of this chapter.

(Rev. Ords. 1987, § 19-291)

Secs. 19-292—19-305. - Reserved.#