Sec. 153.221 - Purpose. — Woodside Zoning Code

The purpose of this subchapter is to reduce road congestion and traffic hazards and promote general convenience for the Town residents by:

(A)

Ensuring that off-road parking and loading facilities are provided incidental to new land uses and enlargements or alterations of existing land uses in proportion to the need for such facilities created by new or modified uses; and

(B)

Ensuring that off-road parking and loading facilities are designed and constructed in a manner which will ensure maximum efficiency, protect the public safety, and minimize the impact on surrounding land uses.

(1975 Code, § 9-2.401) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.222 - General application.

In all zoning districts there shall be provided at the time of the occupancy of any building or structure, or at the time any building or structure is enlarged or increased in capacity, or at the time the use of any building or structure is increased or changed off-road parking spaces for automobiles in accordance with the schedule set forth in Section 153.223 of this subchapter.

(1975 Code, § 9-2.402) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.223 - Minimum number of required automobile parking spaces.

(A)

The number of off-road parking spaces required shall be as set forth in the following table, except that additional parking spaces may be required as a condition of any conditional use permit when the Planning Commission finds that the characteristics of the particular use require additional parking:

TABLE M: Minimum Number of Required Parking Spaces

TABLE M: Minimum Number of Required Parking Spaces
Use	Parking Spaces Required
Dwellings, main	4 for each unit, minimum
Accessory dwelling units	1 for each accessory dwelling unit that has one or more bedrooms. No parking spaces shall be required for units that do not have a separate bedroom, such as a studio accessory dwelling unit. (See § 153.211(A)(2) for exceptions.)
Churches and other houses of worship	2 for each 5 seats in the main worship unit. For fxed seating, each 20 horizontal inches shall be counted as one seat
Elementary schools	2 for each classroom, plus one for each 100 square feet in the auditorium or any space used for assembly
Places of assembly without fxed seats	1 for each 100 square feet of foor area used for assembly

Places of assembly with fxed seats not otherwise provided for in this section	1 for each 3 seats. Each 20 horizontal inches of such seating shall be counted as 1 seat
Retail stores and consumer service establishments	1 for each 150 square feet of foor area, plus one for every 3 employees
Medical and dental clinics	5 spaces for each doctor
Banks and business and professional ofces	1 for each 200 square feet of foor area, plus 1 for every 3 employees
Establishments for the sale or consumption of alcoholic beverages, food or refreshments	1 for each 2½ seats, stools, or standing spaces

(B)

For any use not specified in this section, the same number of off-road parking spaces shall be provided as are required for the most similar specified use as determined by the Planning Director. Where the computation of required parking spaces produces a fractional result, fractions of one-half or greater shall require the provision of one full parking space.

(1975 Code, § 9-2.403) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1984-321, effective 1-11-85; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-585, effective 4-27-17; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2020-610, § 6, effective 8-13-20)

Cross reference— Penalty, see § 153.999.

Sec. 153.224 - General provisions for off-road parking facilities.

(A)

Except as otherwise provided in this chapter, parking spaces required in connection with the uses permitted in the residential districts shall be provided in private garages, carports, or spaces located on the same parcel as the main building. Parking spaces required for uses permitted in the CC District or for conditional uses permitted in the residential districts shall be provided in off-road parking areas located within 500 feet of the building such spaces are to serve. When the required off-road parking facilities are not situated on the same parcel as the use they are to serve, there shall be executed an appropriate legal instrument as approved by the Town Attorney to ensure the permanent use of such spaces.

(B)

For the purposes of Section 153.223, "floor area," in the case of places of assembly, offices, merchandising, or service types of uses shall mean the gross floor area used, or intended to be used, for service to the public as customers, patrons, clients, patients, or tenants and shall include the area occupied by fixtures and equipment used for the display or sale of merchandise. "Floor area" shall not include areas used principally for nonpublic purposes, such as storage, incidental repairs, processing, and packaging of

merchandise, for show windows, for offices incidental to the management or maintenance of stores or buildings, for toilets or rest rooms, for utilities, or for dressing, fitting, or alteration rooms.

(C)

Where more than one use is included in one building or on a single parcel, the parking requirements shall be the aggregate of the requirements for all such uses, except as specified for joint uses.

(D)

The parking space requirements prescribed in this subchapter may be satisfied by the permanent allocation of the required area or number of spaces for each permitted use in a common parking facility, cooperatively established and operated, either under private auspices or a public assessment district, provided the total of such off-road parking spaces allocated shall be not less than the aggregate of the individual requirements after allowing reductions for joint uses as set forth in division (E) below of this section. An appropriate legal instrument as approved by the Town Attorney shall be executed to ensure the permanent use of such spaces.

(E)

The Planning Commission may authorize the joint use of parking facilities as follows:

(1)

Up to 50 percent of the parking facilities required by this subchapter for a primarily daytime use may be provided by the parking facilities of a church or other house of worship, or any auditorium incidental to a public or parochial school, or the parking facilities of a primarily nighttime use; and up to 50 percent of the parking facilities required by Section 153.223 for a primarily nighttime use may be provided by the parking facilities of a primarily daytime use; provided, however, such reciprocal parking areas shall be subject to the conditions set forth in division (3) below of this section.

(2)

Up to 100 percent of the parking facilities required by Section 153.223 for a church or for an auditorium incidental to a public or parochial school may be supplied by the parking facilities of a use not normally open, used, or operated during the principal operating hours of such church or school, subject to the conditions set forth in division (3) below.

(3)

The following conditions shall be required for the joint use of parking facilities:

(a)

The structure or use for which the application is made shall be located within 500 feet of such parking facility.

(b)

There shall be no substantial conflict in the principal operating hours of buildings or uses for which the joint use of off-road parking facilities is proposed.

(c)

If the building, structure, or improvement requiring parking space is in one ownership, and the required parking space provided is in another ownership, partially or wholly, a legal instrument shall be executed by the persons concerned for the joint use. Such instrument shall be approved as to form and manner of execution by the Town Attorney and filed with the Town. Such instrument shall warrant that the parking area under joint use, as approved by the Town, shall not be made subject to any other contract for use without the prior consent of the Planning Commission.

(1975 Code, § 9-2.404) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.225 - Development and maintenance of parking areas.

For all uses and parcels, parking area shall be developed and maintained as follows:

(A)

Each off-road parking space shall be of rectangular shape at least nine feet by 20 feet for standard size cars and nine feet by 16 feet for compact cars. All parking spaces shall be clearly marked and delineated for all nonresidential uses.

(B)

Each parking area shall be directly accessible from a public or private road.

(C)

The location of entrances and exits to all parking areas shall be approved by the Town Engineer and Planning Director.

(D)

If the parking area is illuminated, such illumination shall conform to the provisions of Section 153.213(A)— (D).

(E)

Every nonresidential parking facility adjacent to residential property shall be screened from such property by a solid wall, planting structure, fence, raised landscaped mound, or plant materials or any combination of such treatments. All screening devices shall be a minimum of four feet in height for the first 25 feet of the required front setback, except where such devices occur within 20 feet of the edge of a road driving surface, in which case they shall be four feet in height.

(F)

In the CC District, where a parking area adjoins a street or another site, a landscaped strip not less than five feet in depth shall be provided with permanently maintained plant materials the mature height of which shall not be less than five feet, except that within 50 feet of a street intersection, the height of the plant materials other than trees, shall not exceed three and one-half feet.

(G)

In the Glens, driveway parking within the right-of-way and off the driving surface of the adjacent roadway shall count toward the required onsite parking, if these parking spaces meet the minimum parking space dimensions required.

(H)

Bicycle and horse hitching racks shall be provided in any parking area in the CC District. The design, capacity, and location shall be approved by the Town.

(I)

In addition to any other landscaping requirements prescribed by this chapter, each off-road parking area containing ten or more spaces shall contain permanently maintained landscaped areas equivalent to at least ten percent of the parking area, including the circulation aisles. The location and design of all landscaped areas shall be subject to the approval of the Architectural and Site Review Board.

(J)

Not more than 25 percent of the total number of required parking spaces for any use may be compact car spaces.

(K)

Off-road parking facilities, excluding single-family residential facilities, shall be surfaced with a minimum of five inches of concrete or one and one-half inches of asphalt overlying four inches of base rock. Additional structural requirements may be imposed by the Town Engineer.

(L)

Off-road parking facilities shall be so graded and drained as to dispose of all surface water. In no case shall such drainage crosswalk ways or trails or empty directly into streams or creeks. The maximum grade for parking areas shall not exceed five percent.

(M)

The plan of any proposed parking area shall be submitted with the application for the building permit, conditional use permit, or zoning permit for the structure, building, or use to which the parking area is accessory. The plan shall clearly indicate the proposed development, including the location, size, shape, design, curbs, cuts, lighting, landscaping, off-road loading facilities, and other features and appurtenances of the proposed parking lot. All plans shall be reviewed by the Planning Director and Town Engineer prior to approval.

(N)

All off-road parking spaces and areas required by this chapter shall be maintained for the duration of the use requiring such facilities and except for residential uses, no vehicle repair or servicing work shall be permitted within required parking areas, except for emergency service for stalled vehicles.

(1975 Code, § 9-2.405) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1985-324, effective 5-9-85; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2020-604, § 2(Exh. A), effective 2-27-20)

Cross reference— Penalty, see § 153.999.

Sec. 153.226 - Off-road loading facilities.

(A)

For every building, other than residential structures requiring the receipt or distribution by vehicles of material and merchandise, off-road loading areas shall be provided in accordance with the requirements of this section.

(B)

Off-road loading spaces shall be required in accordance with the following table:

TABLE N: Minimum Number of Required Loading Spaces
Gross Floor Area	Loading Spaces Required
Less than 5,000 square feet	0
5,000 to 14,999 square feet	1
15,000 to 24,999 square feet	2
For each additional 25,000 square feet	1

(C)

Each loading space shall be not less than ten feet in width and 30 feet in length, with an overhead clearance of 14 feet.

(D)

Loading spaces may occupy all or any part of a required setback, except the Front and exterior side setbacks, and shall not be located closer than 50 feet to any lot in a residential district.

(E)

All off-road loading areas shall be screened from view from the adjacent property.

(1975 Code, § 9-2.406) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Cross reference— Penalty, see § 153.999.

153.230 - NONCONFORMING USES, LOTS, STRUCTURES AND BUILDINGS

Sec. 153.231 - Purpose and applicability.

The provisions of this subchapter are intended to implement the provisions of the General Plan by limiting the number of nonconforming structures, building, uses and lots and the extent of nonconformity thereof. Accordingly, the Town intends to:

(A)

Regulate the enlargement;

(B)

Regulate the reconstruction after destruction or abandonment; and

(C)

Regulate the alteration, maintenance and repair of nonconforming structure, buildings, uses and lots.

The provisions of this subchapter apply to all nonconforming uses, lots, structures, and buildings within the Town, with the exception of nonconforming structures and buildings that are located in a fault setback zone. Structures and buildings located in an earthquake fault setback zone are regulated separately in subchapter 153.420, Geologically Hazardous Areas, Section 153.427, Nonconforming Structures and Buildings in Earthquake Fault Setback Zones.

(1975 Code, § 9-2.1201) (Ord. 1991-441, effective 8-9-91; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2012-558, effective 1-10-13; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2020-608, § 2, effective 4-2320)

Sec. 153.232 - Continuation of nonconforming uses, lots, structures and buildings.

A nonconforming use, nonconforming lot, nonconforming structure or nonconforming building may be continued in existence, except as otherwise provided in this subchapter.

(1975 Code, § 9-2.1203) (Ord. 1991-441, effective 8-9-91; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2012-558, effective 1-10-13; Am. Ord. 2017-589, effective 8-24-17)