Henderson County, KY Article IX Off-Street Parking and Loading Requirements

[Added 11-10-2020 by Ord. No. 20-04[1]]

[1] Editor's Note: This ordinance also repealed former Art. IX, Off-Street Parking and Loading Requirements.

§ 9.01 Off-street parking requirements.

A. In all zoning districts, off-street parking spaces for the storage and parking of motor vehicles for the use of occupants, employees and patrons of the buildings hereafter erected, or enlarged after the effective date of these regulations, shall be provided as herein prescribed. The remodeling or alteration of present buildings would exempt from these provisions if:

(1) The exterior dimensions are not changed; and

(2) Any increase in floor space is confined within the basic structure; and

(3) The principal use of the structure remains unchanged.

B. Required parking spaces shall be maintained and shall not be encroached upon so long as said main buildings or structures remain, unless an equivalent number of such spaces are provided elsewhere in conformance with these regulations. The owner or owners of a building, structure or other land use requiring off-street parking space must show, to the satisfaction of the Building Inspector, that he is the record title holder of the property devoted to said principal land use and of the property proposed for off-street parking use, or that he is the lessee of such property.

C. Required off-street parking space. Off-street parking space shall be provided with vehicular access to a street or alley. Parking space shall be provided on the premises so that there will be no generation of automobile parking on any street. For the purposes of computing the number of spaces available in a given area, a standard vehicle parking space shall be computed as an area 10 feet wide by 18 feet long. Additional area will be required in order to provide vehicle maneuvering space, access and egress space.

D. Fractional requirements. When units or measurements determining number of required parking spaces result in requirements of a fractional space, any fraction up to and including 1/2 shall be disregarded and fractions over 1/2 shall require one parking space.

E. Loading space limitations. Loading space as required in this article shall not be construed as supplying off-street parking space.

F. Location of parking space for one- and two-family dwellings. The off-street parking facilities required for one- and two-family dwellings shall be located on the same lot or plot of ground as the building they are intended to serve, and shall consist of a garage, and/or a hard-surfaced parking strip and parking apron, which connects to a publicly maintained street or alleyway.

G. Location of parking space for other uses. The off-street parking facilities required for all other uses shall be located on the lot or within 400 feet of the permitted use requiring such off-street parking, such distance to be measured along lines of public access to the property between the nearest point of the parking facility to the building to be served. A legal agreement providing for the shared use of parking, must be executed by the parties involved, filed as a land use restriction (LUR) with the County Clerk, and filed with the City Codes and Planning Office. Shared parking privileges will continue in effect only as long as the agreement, binding upon both parties, remains in force. If the agreement is not in force, the normal parking standards will then apply.

H. Usable floor area. For the purpose of this section, "usable floor area" in the case of offices, merchandising, or service types of uses, shall mean the gross floor area used or intended to be used by customers, patrons, clients, patients, owners, and tenants, less 20% thereof.

I. Seating capacity or seats. As used in this article for parking requirements, seating capacity or seats shall mean that each 21 inches of seating facilities shall be counted as one seat, except that where specifications and plans filed with the Building Inspector specify a certain seating capacity for a particular building, such specified seating capacity shall be used as the basis for required parking space.

J. Bed. Whenever the term "bed" is herein referred to, it shall mean such beds as are occupied by the patient or guests of the hospital or building in question; provided, however, that bassinets and incubators shall not be counted as beds.

K. Similar uses and requirements. In the case of a use not specifically mentioned, the requirements for off-street parking facilities for a use which is so mentioned, and which said use is similar, shall apply.

L. Existing off-street parking at effective date of regulation. Off-street parking existing at the effective date of these regulations which serves an existing building or use shall not be reduced in size less than that required under the terms of these regulations.

M. Collective provisions. Nothing in this section shall be construed to prevent collective provisions of off-street parking facilities for two or more buildings or uses, provided such facilities collectively shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the table under this article.

N. General use condition. Unless land is being used as storage space in connection with a repair or service garage business, the purpose and intention of the requirements of maintaining vehicle storage or parking space is to provide for the public safety in keeping parked cars off the streets. Such requirement is not designed to allow the storage or parking on such open land of wrecked or junked cars, in off-street parking areas or for creating a junkyard or nuisance.

O. Joint use. Parking spaces already provided to meet off-street parking requirements for theaters, stadiums, auditoriums, and other places of public assembly, stores, office buildings, and industrial establishments lying within 1,500 feet of a church as measured along lines of public access, and that are not normally used between the hours of 6:00 a.m. and 6:00 p.m., on Sundays, and are made available for other parking, may be used to meet not more than 75% of the off-street requirements of that use, or the church use. A legal agreement providing for the shared use of parking, must be executed by the parties involved, filed as a land use restriction (LUR) with the County Clerk, and filed with the City Codes and Planning Office. Shared parking privileges will continue in effect only as long as the agreement, binding upon both parties, remains in force. If the agreement is not in force, the normal parking standards will then apply.

P. Required parking barriers. When off-street parking spaces or access aisles are located adjacent to the right-of-way line of a public street or alley, a concrete or asphalt curb measuring six inches in height shall be placed along the edge of the parking space or access aisle for the purpose of preventing any vehicle encroachment onto the street or alley right-of-way. In no instance shall the vehicle encroach into the public street or alley right-of-way.

Q. Table of off-street parking requirements. The amount of off-street parking space required as specified above shall be determined in accordance with the following table, and the space so required shall be stated in the application for a building permit and shall be irrevocably reserved for such use and/or shall comply with the initial part of this section.

R. Maintenance. Off-street parking facilities shall be paved, properly graded for drainage and maintained in proper condition, free of weeds, dust, trash and debris.

S. Side yard. Side yards shall be maintained for an area of not less than 10 feet between the side lot lines of adjoining residential lots and the parking area. The depth of the front yard or setback line from the street as established for houses in any block in any given residential area shall be continued and made applicable to parking space in such residential area and it shall be unlawful to use the area between such right-of-way line and the sidewalk for the parking of motor vehicles.

T. Barriers required when adjacent to residential property. Whenever such parking area adjoins residential use and/or a residential street or alley, an opaque barrier or buffer shall be placed and maintained between the required yard space and the area to be used for parking. Location of said buffer facing a residential street shall be determined with due regard to side yard and building setback requirements adjoining the residential district as may be required in the particular commercial, office or industrial zoning district. The said buffer shall be constructed in such a manner that the first 12 feet back from the street shall be four feet high and the balance shall be six feet high as indicated above. Bumper guards shall be provided to prevent vehicles striking said buffer.

U. Curbing. In all cases where such parking lots abut public sidewalks, concrete curbing at least six inches in height, set end to end, shall be placed so that a motor vehicle cannot be driven or parked with any part thereof extending within two feet of a public sidewalk. In all cases where necessary for the protection of the public and adjoining properties, streets and sidewalks, curbs as described above shall be installed.

V. Ingress, egress. Means of ingress and egress shall be provided and shown on plan submitted. Minimum shall be 15 feet wide for one-way and 24 feet wide for two-way traffic.

W. Street setback lines. Where street setback lines are provided by ordinance or established through the adoption of a comprehensive plan, such setback lines shall be maintained and required parking spaces shall not encroach thereon.

X. Repairs to vehicles, display for sale prohibited. No repairs or service to vehicles and no display of vehicles for purposes of sale shall be carried on in required parking spaces.

Y. Off-street parking spaces in central business zone. No off-street parking spaces shall be required in the central business zone.

Table of Off-Street Parking Requirements
	Use	Required Spaces	Per each Unit of Measure
1	Banks (except drive-in only); business or professional offices of lawyers, architects, engineers, or similar or allied professions	1	300 square feet of usable floor space
2	Banks (drive-in only)	1	Per service window, plus 1
3	Beauty parlor/barbershop	1	Per each barber/stylist or chair (whichever is greater)
4	Bowling alleys	8	Per each lane, plus required spaces for any bar, restaurant, or assembly space attached
5	Churches	1	Per 6 seats, based on maximum seating capacity in the main place of assembly therein
6	Dance halls, pool and billiard halls, skating rinks, lodge halls	1	Per 40 square feet of usable floor space, with a minimum of 10 parking spaces
7	Elementary schools, junior high schools	1	Per 2 teachers, employees or administrators in the addition of the requirements of the auditorium or assembly hall
8	Establishments, other than drive-in, for sale and consumption on the premises of beverages, food or refreshments	1	Per 100 square feet of usable floor space
9	Furniture and appliance, household equipment repair shops; showroom of plumber, decorator, electrician or similar trade; clothing and shoe repair; laundry; motor vehicle salesroom; hardware stores; wholesale stores and machinery sales	1	Per 800 square feet of usable floor space exclusive of the usable floor area occupied in processing or manufacturing for which requirements for industrial establishments (12) shall be followed
10	Hospitals	1	Per 2 beds
11	Hotels	1	Per guest room
12	Industrial establishments, including manufacturing, research and testing laboratories, creameries, bottling works, printing, plumbing or electrical workshops, warehouses, and storage buildings	1	Per 2 employees computed on the basis of the greatest number of persons employed at any 1 period during the night or day
13	Laundromat and/or dry-cleaning service	1	Per each combination of washer/dryer machine plus 1
14	Libraries and museums	1	Per 200 square feet of floor space
15	Mortuary establishments funeral homes	1	Per 60 square feet of floor space in the slumber rooms, parlors, or individual funeral service rooms
16	Motor vehicle car wash:
	Self-service operation	4	Per each motor vehicle wash establishment; in addition, off-street automobile waiting spaces shall be in accordance with § 9.03
	Other than self-service operation	4	Per car wash establishment for employee parking; in addition, off-street automobile waiting space shall be in accordance with § 9.03
17	Fraternity houses, dormitories	1	Per 2 beds
18	Professional offices: doctors and dentists	1	Per 200 square feet of usable floor space
19	Residential; single- or two-family	2	Per dwelling unit
20	Multifamily:
	Efficiency and 1-bedroom apartment	2	Per dwelling unit
	2+-bedroom apartment	2	Per dwelling unit
	Townhouse	2	Per dwelling
21	Rooming house or boarding house	5	Plus 1 every 5 beds, minimum of 6
22	Retail store, except as otherwise specified herein	1	Per 200 square feet of usable space
23	Convents, home for the aged, convalescent homes, children's homes	1	Per 2 beds
24	Senior high schools, colleges and universities	1	Per each teacher, employee, and administrator, in addition to the requirements of the auditorium or assembly area therein
25	Stadiums and sports arenas	1	Per 4 seats or 7 feet of benches
26	Tourist home, motel	1	Per guest room
27	Automobile service stations	4	Per each station plus 1 additional for each gasoline pump above 3
28	Service garages, auto salesrooms, auto repair, collision or body shops	1	Per 800 square feet of usable floor area plus 1 space for each 2 employees computed on the basis of the maximum number of employees on duty at any one time, plus 2 spaces for each stall in a collision, body or painting shop, plus 1 space for each stall or service area or wash rack in a servicing or repair shop
29	Bed-and-breakfast inn	—	1 off-street parking space must be provided for each guest room on-site, or within a reasonable distance off-site, except where it is demonstrated to the Board of Zoning Adjustment, as part of the conditional use permit, that parking is available on-street
30	Theaters, exhibition halls, auditoriums, and places of public assembly with fixed seats	1	Per 4 seats, based on maximum seating capacity, plus 1 additional parking space for each 2 employees on shift of largest employment
31	Theaters, exhibition halls, auditoriums, and places of public assembly without fixed seats	1	Per 100 square feet of usable floor space in main auditorium or assembly area, or 1 space per 4 people in designed capacity of building, whichever is greater, plus 1 additional parking space for each 2 employees on shift of largest employment
32	Multiscreen cinemas	1	Per 5 seats, based of maximum seating capacity
33	Daycares	1	Per 1 employee and 1 space per every 10 children
34	Shopping center parking requirements		Look at Section 4.39 Shopping Centers[1]
35	Shooting range, indoors	2	Per shooting range, plus required parking for any assembly space attached to a shooting range

[1] Editor's Note: So in original.

§ 9.02 Off-street loading requirements.

A. On the same premises with every building, structure or part thereof, erected and occupied for manufacturing, storage, warehouse, truck freight terminal, goods display, department store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly involving the receipt or distribution of vehicles, materials or merchandising, there shall be provided and maintained on the lot adequate space for standing, loading, and unloading services in order to avoid undue interference with public use of the streets and alleys.

B. Off-street loading and unloading regulations for trucks. All buildings and uses which generate regular trucking traffic shall be provided with sufficient off-street loading and unloading space on the premises so that they will generate no loading or unloading activity on their required parking spaces or on any street. The Board of Zoning Adjustment shall interpret the amount of loading and unloading space required for any building or use whenever the enforcement officer is unable to apply this standard literally, and applies to the Board for an original interpretation.

C. Such loading and unloading space, unless otherwise adequately provided for, shall be an area 10 feet by 50 feet, within a fifteen-foot height clearance. The required loading space shall in no way impede any parking space or drive aisle, and shall be provided according to the following schedule:

Gross Floor Area (in square feet)	Loading and Unloading Spaces Required (in terms of square feet of usable floor area)
0 to 2,000	None
2,000 to 5,000	1 space
5,000 to 20,000	2 spaces
20,000 to 100,000	2 spaces plus 1 space for each 40,000 square feet in excess of 40,000 square feet
100,000 to 500,000	4 spaces plus 1 space for each 80,000 square feet in excess of 100,000 square feet
Over 500,000	9 spaces plus 1 space for each 160,000 square feet in excess of 500,000 square feet

§ 9.03 Off-street waiting area for drive-through facilities.

A. On the same premises with every building, structure or part thereof erected and occupied for the purpose of serving customers in their automobiles by means of a service window or similar arrangement where the automobile engine is not turned off, there shall be the following design queue standards:

B. All facilities that require the installation of a drive-through to serve customers, whether for restaurants, pharmacies, banks, dry cleaners, car washes and others, should provide sufficient room for waiting vehicles to stack. For each specific lane use, different queuing lengths are necessary to accommodate stacked vehicles. Table 11 outlines the recommended design queues based on land use:

Table 11
Recommended Queue Lengths For Drive-Through Facilities [5]
Fast-food restaurant	9 vehicles from order board
Bank	7 vehicles per teller stall
Car wash, self-serve	4 vehicles per stall
Car wash, automated	10 vehicles per stall with a minimum drying lane length of 50 feet
Pharmacy	4 vehicles per stall
All other drive-through facilities	A minimum of 3 vehicles but more stringent requirements may be enforced at the discretion of the responsible authority

C. These requirements are necessary to prevent drive-through facilities from possibly interfering with traffic flow on adjacent streets and prevent undue congestion or confusion within on-site circulation. Depending upon use, it may be necessary to limit or remove parking that will back into the flow of drive-through traffic either before or after ordering and receiving. The fifty-foot requirement for automated car wash facilities is necessary to prevent undue amounts of water from collecting on the roadway which could create a safety hazard.

D. Any off-street waiting space is defined as an area 10 feet wide by 20 feet long.

§ 9.04 Interior landscaping for off-street parking.

A. For vehicular use area (VUA) containing at least 30,000 square feet but less than 50,000 square feet, a minimum of 3% of the total area bounded by the perimeter of the paved area (excluding access drives from the street) shall be provided as interior landscaping, which may be located in islands, peninsulas or medians within the VUA. Interior landscape areas shall be landscaped with low shrubs, grass or other ground cover plantings.

B. For VUA's containing more than 50,000 square feet, a minimum of 5% of the total area bounded by the perimeter of the paved area (excluding access drives from the street) shall be provided as interior landscaping.

C. Number and shape of interior landscape areas is at the owner's discretion; however, all portions of the VUA shall be within 150 feet of a landscaped island, or median. One tree is required for each 250 square feet of total required interior landscape area or fraction thereof.