§ 23-58. Commercial parking lots.

(a)

For purposes of this section, the term "commercial parking lot" means any lot, or portion thereof, used for the parking of motor vehicles for a fee or other consideration, but not including parking garages or similar structures. The provisions of this section shall apply to all commercial parking lots located in any Resort Tourist Zoning District or the OR Oceanfront Resort District.

(b)

It shall be unlawful and a misdemeanor punishable by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for any person, firm, corporation or other entity to operate a commercial parking lot in violation of any of the provisions of this section. Each day that a violation continues shall constitute a separate offense. In addition to any fine imposed hereunder, and not in lieu thereof, the continuing violation of any of the provisions of this section may be enjoined or restrained by injunction.

(c)

Application for a permit required by this section shall be made to the city manager or his designee. Each application shall set forth the name and address of the applicant and, if different, the name and address of the owner of the property upon which the proposed commercial parking lot is to be located, and shall be accompanied by:

(1)

A nonrefundable fee of one hundred dollars ($100.00);

(2)

An approved site plan prepared in accordance with the Site Plan Ordinance and showing all elements required by this section; and

(3)

A sign plan showing the design, size, color and materials of all signs to be located on the lot.

(d)

Upon approval of an application, the permittee shall be issued a self-adhesive sticker which shall serve as the permit and shall be affixed to one (1) of the entrance signs required by subsection (i) of this section.

(e)

It shall be a condition of every permit issued hereunder that the city or its agents shall have the authority to enter upon the commercial parking lot and perform any acts required to bring the property into compliance with the provisions of this section in the event the owner or operator, after being given notice of, and a reasonable opportunity to correct, any condition of noncompliance shall fail to do so.

(f)

Commercial parking lots shall at all times, whether or not they are in operation:

(1)

Have a paved surface, inclusive of all drive aisles, which meets the requirements of the Public Works Design Standards Manual and the Site Plan Ordinance; provided, that any commercial parking lot in operation as of July 1, 2002 shall not be required to provide curbing so long as wheel stops composed of concrete or asphalt are provided and maintained in good condition and repair at all times;

(2)

Contain perimeter landscaping meeting the requirements of section 5A of the Parking Lot Landscaping Specifications and Standards where adjacent to any public right-of-way or other publicly-owned property. The perimeter may also be enclosed by fencing meeting the requirements for fences set forth in section 201(e) of the City Zoning Ordinance; provided, however, that such fencing shall not exceed four (4) feet in height and shall consist of materials, such as black vinyl-coated chain link, white vinyl picket or black wrought iron, which are generally recognized within the industry as maintenance-free. Wood split-rail fences shall not be permitted. Such fencing and landscaping shall at all times be maintained in good condition and repair;

(3)

Where such lot is greater than twenty-four thousand (24,000) square feet in area, contain additional landscaping, which may consist of city-approved plant containers, located at the end of all parking aisles not adjacent to a public right-of-way or other publicly-owned property and which shall be maintained in good condition and repair at all times;

(4)

Be secured at all points of ingress and egress by a gate, consisting of materials, such as black vinyl-coated chain link, white vinyl picket or black wrought iron, which are generally recognized within the industry as maintenance-free, except during hours of operation;

(5)

Contain no less than one (1) trash receptacle, plainly visible and marked as such, for every three thousand five hundred (3,500) square feet of lot area or fraction thereof;

(6)

Have upon the premises, from dusk until one-half (½) hour after closing or until the last vehicle has exited the lot, whichever is earlier, at least one (1) attendant. If any type of shelter is provided for attendants, such shelter shall at all times be maintained in good condition and repair. Alternately, or in addition to, automated fee collection machines may be utilized provided that a current contact number is provided and such contact can be present at the commercial parking lot with thirty (30) minutes;

(7)

Be maintained in a clean and orderly condition at all times. All trash receptacles shall be emptied and the contents thereof properly disposed of at the close of operation daily and at such other times as receptacles become full; and

(8)

Be in compliance with all other applicable requirements of federal, state and local law including, without limitation, the handicapped parking space requirements of the Americans With Disabilities Act.

(g)

Notwithstanding the provisions of any other ordinance or regulation, commercial parking lots shall have one (1) sign, not exceeding nine (9) square feet in surface area per face, at each principal entrance. Each entrance sign shall contain the name of the establishment, if any, and times of operation and shall otherwise comply with all applicable city sign regulations and specifications for public signs in the Resort Area. Entrance signs may contain removable numbers for purposes of displaying rates. The square footage of such entrance signs shall not be counted against the maximum square footage allowed for commercial signs under the City Zoning Ordinance.

(h)

Commercial parking lots shall be subject to inspection by the city manager or his designee for purposes of determining compliance with the provisions of this section, and no person shall obstruct or interfere with such personnel as are authorized by the city manager to enforce this section in the lawful discharge of their duties.

(i)

During the period from April 1 to September 30, inclusive, except where a commercial parking lot is accessory to a business which remains open after 2:00 a.m., is used solely by patrons of such business, and is supervised by the operator of such business, no vehicle shall be permitted to enter any commercial parking lot after 2:00 a.m. . All such lots shall be secured at all points of ingress and egress, as required by subdivision (3) of subsection (f) hereof, by no later than 2:30 a.m. and shall remain closed until no earlier than 5:00 a.m.

(j)

The provisions of this section shall be deemed to be severable, and if any of the provisions hereof are adjudged to be invalid or unenforceable, the remainder of this section shall remain in full force and effect and its validity shall remain unimpaired.

(k)

The city manager or his designee is authorized, upon application by the owner of a commercial parking lot, to grant a variance from the provisions of this section when:

(1)

Strict application of the provisions of this section will effectively prohibit or unreasonably restrict the use of the property. For purposes of this section, it shall be presumed that the loss of ten (10) percent or more of existing parking spaces meeting the dimensional requirements of section 203 of the City Zoning Ordinance by reason of the application of the landscaping requirements set forth in subsection (f)(2) of this section shall constitute an unreasonable restriction upon the use of the property; or

(2)

The granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege.

In granting a variance, the city manager or his designee may impose such conditions as may be necessary in the public interest; provided, however, that the city manager or his designee shall not grant a variance from any condition or requirement of a conditional use permit granted by the city council.

(Ord. No. 1846, 4-3-89; Ord. No. 2522, 3-2-99; Ord. No. 2703, 6-25-02; Ord. No. 3232, 5-8-12; Ord. No. 3249, 7-10-12; Ord. No. 3523, 12-5-17; Ord. No. 3619, 6-16-20)

(Ord. No. 1846, 4-3-89; Ord. No. 2522, 3-2-99; Ord. No. 2703, 6-25-02; Ord. No. 3232, 5-8-12; Ord. No. 3249, 7-10-12; Ord. No. 3523, 12-5-17; Ord. No. 3619, 6-16-20)