AN ORDINANCE AMENDING ARTICLE 12 "APPENDIX "A" (ZONING
ORDINANCE) OF THE BASTROP CITY CODE PERTAINING TO RULES FOR COMPUTING
NUMBER OF PARKING SPACES; REPEALING CONFLICTING PROVISIONS, PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, multi-floor commercial buildings are disproportionately
and adversely affected by the City's current methodology used for
calculating the minimum number of required parking spaces inasmuch
as the current rules includes stairwells, elevator shafts, mechanical
rooms, and other non-occupancy areas in the current formula ; and
WHEREAS, the Planning & Zoning Commission, after
notice and hearing, recommended that Section 38.7 of the Zoning Qrdinancq
bear tended as provided. herein.
NOW THEREFORE, be it ordained by the City Council of the City
of Bastrop, Texas, that:
Part 1: That Section 38.7 of the Zoning Ordinance
(Article 12, "Appendix A") of the Bastrop City Code of Ordinances
be amended to add subsections (I) and (J) and to read as follows:
38.7 RULES FOR
COMPUTING NUMBER OF PARKING SPACES:
In computing the number
of parking spaces required for each of the above uses, the following
rules shall govern:
A. "Floor Area"
shall mean the gross floor area of the specific use.
B. Where fractional spaces
result, the parking spaces required shall be constructed up to the
next whole number.
C. The parking space requirements
for a new or unlisted use not specifically mentioned herein shall
be the same as required for a use of similar nature. If the proposed
use is not similar to any of the uses listed herein, a determination
shall be made by the Director of Planning in accordance with the requirements
for the most closely related use specified in this section.
D. Whenever a building
or use is changed or enlarged in floor area, number of employees,
number of dwelling units, seating capacity or otherwise, to create
a need for an increase of ten percent (10%) or more in the number
of existing parking spaces, such spaces shall be provided on the basis
of the enlargement or change.
E. For buildings which
have mixed uses within the same structure (such as retail and office),
the parking requirement shall be calculated for the most intensive
use. In cases where the design of the interior of the structure is
not practical for alteration, the parking requirement may be calculated
for each use within a structure for buildings over forty thousand
(40,000) square feet.
F. Shared parking may be
allowed in the case of mixed uses (different buildings) under the
following conditions. Up to fifty percent (50%) of the parking spaces
required for a theater or other place of evening entertainment (after
6:00 p.m.), or for a church, may be provided and used jointly by banks,
offices, and similar uses not normally open, used, or operated during
evening hours. Shared parking must be on the same parking lot. Reduction
due to shared parking shall be determined by Director of Planning.
To assure retention of the shared parking spaces, each property owner
shall properly draw and execute a document expressing the same and
shall file this agreement with the City of Bastrop.
G. Compact Car Spaces -
In the NS. 0, GR C-1, C-2, LI and IP Districts, compact car parking
spaces may be permitted when approved as part of a detailed site plan,
providing one of the following conditions apply:
1. Where it is necessary
to preserve the natural landscape and native trees, a maximum of ten
percent (10%) of required parking may be designed for compact cars.
2. On parking lots larger
than fifty (50) spaces involving large industrial buildings or large
offices and where there is only one tenant. a maximum of ten percent
(10%) of the required parking may be for compact cars.
3. On parking lots larger
than fifty (50) spaces involving a shopping center, a maximum of ten
percent (10%) of the required parking may be for compact cars.
H. Each on-street parking
space along the lot frontage may be counted as one half ( V2) of an
offstreet parking space for uses in the CBD.
I. The parking space requirements
for a multi-story structure (including basements) shall be the same
as required for a use of a similar nature. Non-occupancy squire footage
associated with the number of floors, in excess of that found on the
first floor, may be excluded from the gross floor area if the proposed
use is determined to have sufficient parking by the Director of Planning
and if the provisions of subsection (J),below are satisfied.
J. The Director of Planning may approve a reduction in the number
of parking spaces required if:
1. The building plans submitted to and approved by the City show non-occupancy
areas that are not intended or designed or be occupied, such as stairwells,
elevator shafts, ventilation shafts, vaults, safe deposit boxes, large
data storage areas or areas for HVAC rooms used for equipment only
(but not including janitorial closets or fire or security system rooms);
and
2. the non-occupancy areas do not constitute more than 2% of the gross
floor area; and
3. the parking ratio is not less than that of the most general use
category appropriate to the structure (office general or retail general).
Part 3: All ordinances and resolutions, or
parts of ordinances and resolutions, in conflict with this Ordinance
are hereby repealed, and are no longer of any force and effect. If
any provision of this ordinance or application thereof to any person
or circumstance shall be held invalid, such invalidity shall not affect
the other provisions, or application thereof, of this ordinance which
can be given effect without the invalid provision or application,
and to this end the provisions of this ordinance are hereby declared
to be severable.
Part 4: This Ordinance shall become effective
in accordance with the City Charter and the laws of the State of Texas.
READ and APPROVED on First Reading on the 13th day of May 2003.
READ and ADOPTED on Second Reading on the 27th day of May 2003.
