§ 23-59. Off-site parking facilities.

(a)

For purposes of this section, the term "off-site parking facility", shall mean any lot which is used principally for the parking of motor vehicles, except commercial parking lots as defined in section 23-58. The provisions of this section shall apply to all off-site parking facilities located in any Resort Tourist District or the OR Oceanfront Resort District.

(b)

Off-site parking facilities 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 Specifications and Standards of the Department of Public Works and the Site Plan Ordinance; provided, that any off-site parking facility 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)

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

(4)

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;

(5)

Shall, notwithstanding the provisions of any other ordinance have one sign, not exceeding six (6) square feet in surface area per face, at each principal entrance. Each sign shall contain the name of the establishment or establishments for which the lot is used for off-site parking and times of operation. Signs shall otherwise comply with all applicable city sign regulations;

(6)

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; and

(7)

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.

(c)

Off-site parking facilities 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.

(d)

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.

(e)

It shall be unlawful and a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00) for any person, firm, corporation or other entity to operate an off-site parking facility 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.

(Ord. No. 1847, 4-3-89; Ord. No. 3249, 7-10-12; Ord. No. 3490, 3-7-17)

(Ord. No. 1847, 4-3-89; Ord. No. 3249, 7-10-12; Ord. No. 3490, 3-7-17)