Chapter 18.76
PARKING SPACES, PARKING LAYOUT AND LOADING REQUIREMENTS– ALL ZONES

Sections:

Article I. Citywide Requirements

18.76.010    Purpose.

18.76.020    Applicability.

18.76.030    Exemptions.

18.76.040    Definitions.

18.76.050    General requirements.

18.76.060    Stacking spaces.

18.76.070    Off-street parking spaces required.

18.76.080    Employee parking.

18.76.090    Off-street parking credits.

18.76.100    ADA accessibility.

Article II. Parking Standards and Layout

18.76.110    Parking lot layout, construction and maintenance.

18.76.120    Loading space requirements.

18.76.130    Parking space standards.

18.76.140    Parking lot standards.

Article III. Administrative Policies

18.76.150    Conflict with other provisions.

18.76.160    Nonconforming parking continuance.

18.76.170    Severability.

Prior legislation: Ord. 1400.

Article I. Citywide Requirements

18.76.010 Purpose.

A.    This chapter is intended to regulate on- and off-street parking requirements for new construction, major alterations of existing structures, and to preserve the amount of off-street parking already provided for use on the effective date of the ordinance codified in this title;

B.    To implement comprehensive parking management policies throughout the City, and to achieve a balance of transportation alternatives by including mass transit, walking, and bicycles in parking calculations;

C.    To acknowledge and protect historic and existing uses which do not meet the City’s parking standards;

D.    To identify areas within the City that require more specific parking requirements;

E.    To reduce the creation of new impervious surfaces through lower required parking ratios, establishment of parking limits and shared parking facilities;

F.    To reduce traffic congestion and hazards;

G.    To provide accessible, attractive, well-maintained and screened off-street parking facilities;

H.    To provide aesthetically pleasing parking facilities in proportion to individual land use needs;

I.    To provide a proactive approach to large events which may require additional parking for short periods of time;

J.    To enable further study of unusual or unique uses in order to determine reasonable parking standards;

K.    To ensure the maneuverability of emergency vehicles. (Ord. 1522, 2009)

18.76.020 Applicability.

Off-street parking in conjunction with all land and building uses established after the enactment of the ordinance codified in this chapter shall be provided for to the satisfaction of the Building Official prior to issuance of a certificate of occupancy.

Off-street parking may be either provided by an individual action parking program or carried out through public action by a special assessment district or otherwise.

This chapter shall be in addition to the provisions of the Washington Model Traffic Ordinance, Chapter 308-330 WAC, portions of which have been adopted by reference in Chapter 10.04 FMC, together with amendments or additions to or repeal of any section thereof on the subject of the ordinance (RCW 46.90.010). This chapter shall be construed in a manner that the provisions herein are separate and independent of the Washington Model Traffic Ordinance and in addition thereto and where there is a conflict between the provision of the Washington Model Traffic Ordinance and this chapter, the regulations of this chapter are controlling. (Ord. 1522, 2009)

18.76.030 Exemptions.

Provisions for the number of off-street parking spaces specified by this chapter shall be required as a condition of issuance of a certificate of occupancy for any structure which is constructed, erected, relocated or expanded within the City of Ferndale, except as follows:

A.    Change of Use or Expansion of Use.

1.    Whenever a use requiring off-street parking is increased in floor area by more than 50 percent of the existing building, the minimum number of additional parking spaces shall be based on actual square footage of the increase. Special exceptions may be granted by the Hearing Examiner upon finding that a specified lesser number of parking spaces will adequately serve the reasonably anticipated increase in parking needs.

2.    Within the CC and UR zones, whenever a change in use occurs within a structure existing at the time of this amendment that would increase the average daily number of trips by more than 50 percent (regardless of a change in floor area), the applicant must provide additional parking spaces or demonstrate that a sufficient number of credits are available within 300 feet of the use.

3.    When a change in use occurs outside the City’s designated parking core, and the change in use will require 50 percent more parking than the previous use, off-street parking spaces as required by this chapter shall be provided for the new use.

B.    Existing Parking Lots.

1.    Any area once designated as required off-street parking shall not be changed to any other use unless and until equal parking spaces which conform to the requirements of this chapter are provided elsewhere within 300 feet of subject property or as otherwise approved by the Zoning Administrator.

2.    Off-street parking existing at the effective date of the ordinance codified in this title in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use. (Ord. 1522, 2009)

18.76.040 Definitions.

For the purposes of this chapter, unless otherwise noted, all uses shall be as defined in Chapter 18.08 FMC. The following definitions relate specifically to this chapter, though they may be referenced by additional chapters:

“Abandoned vehicle” shall mean:

1.    Any vehicle left on a public right-of-way for more than 72 hours (or less, depending on the weight of the vehicle and its location); or

2.    On private property without the consent of the property owner.

“Advertising” shall mean the use of text, logos, art, the spoken word, or any other device for the purpose of offering a good, product, or service for sale, trade, or barter. The provisions of this section shall not restrict vehicles from featuring advertising, but shall prohibit the use of those vehicles as unpermitted permanent or semi-permanent stationary signs.

“Automobile hulk” shall mean any wrecked, dismantled or inoperative motor vehicle or part thereof which cannot be made an operative motor vehicle without the addition of vital parts or mechanisms and the application of a substantial amount of labor to effect repairs.

“Designated driveway” shall mean clearly defined roadway leading from the street which is surfaced by asphalt, concrete, gravel or similar material not to exceed 24 feet in width or such width as may be allowed in any other development standards adopted by the City of Ferndale.

“Double parking” shall mean the standing or stopping of a vehicle within the line of traffic for purposes other than observing normal traffic laws and regulations:

1.    On the roadway side of a parked vehicle; or

2.    On the roadway side of the space in which a vehicle may be parked.

“Employee” shall mean a person who works for another person or company in exchange for pay, and will also include volunteers and interns.

“Enforcement officer” shall mean the City of Ferndale Building Official, his or her designee, or a City of Ferndale law enforcement official.

“Gasoline fueling pump” shall mean each fueling location within a gasoline station. The number of gasoline pumps shall be calculated based upon the number of vehicles capable of refueling at the same time within the gasoline station.

“Gasoline station, retail” shall mean an individual business, often in the form of a convenience store, which dispenses fuel for motor vehicles to the general public.

“Gasoline station, wholesale” shall mean a business, often associated with a larger business located on site, which dispenses fuel for motor vehicles at a discounted rate through the use of member pricing and/or club cards.

“Gross floor area” shall be expressed in square feet and calculated by the applicant, and shall include the area within the exterior building walls of all floors of a building or structure. Gross floor area shall include all occupiable areas minus the following deductions:

1.    Vehicular parking and loading areas within the structure.

“Gross leasable area” shall be expressed in square feet and calculated by the applicant, and shall mean the gross floor area minus the following floor area deductions:

1.    Elevator shafts and stairways.

2.    Public restrooms.

3.    Public lobbies, common mall areas, atriums and courtyards provided solely for pedestrian access to the building from the exterior, and/or for aesthetic enhancement or natural lighting purposes.

4.    Permanently designated corridors (i.e., not subject to relocation by the requirements of a specific lease).

“Inoperable vehicle” shall mean a vehicle which is apparently inoperable or which requires repairs in order to be operated legally on the public roads, such as: repair or replacement of a window, windshield, wheel, tire, motor or transmission.

“Junk vehicle” means any vehicle including, but not limited to, automobiles, commercial vehicles, boats and trailers, motorcycles, and recreational vehicles certified under RCW 46.55.230 and meeting at least three of the following criteria:

1.    Is three years old or older;

2.    Is extensively damaged, such damage including, but not limited to any of the following: a broken or missing window or windshield, missing wheels, tires, motor or transmission, rust or body damage covering more than 10 percent of the vehicle’s exterior surface, excluding undercarriage;

3.    Is apparently inoperable;

4.    Has an approximate fair market value equal only to the approximate value of the scrap in it;

5.    Is not currently licensed by the state of Washington.

“Large events” shall mean events which (1) would utilize (or are expected to utilize) the total number of spaces dedicated to a specific use, or (2) will generate significant short-term traffic immediately prior to or following the event. These events shall include sporting events such as high school football games or playoff games and community events such as Pioneer Days, the Highland Games, or outdoor concerts, but shall not include regularly scheduled events such as motion picture showings in a movie theatre. Events requiring a special events permit, including large funerals or weddings, may be required to meet this provision.

“Licensed vehicle dealer” shall mean an individual or company licensed by the state of Washington according to the provisions of RCW 46.70.021. Any individual or company selling more than five vehicles in a 12-month period shall be required to be a licensed vehicle dealer.

“Occasional or temporary visitor” shall mean a nonresidential family member or guest who has an established residence elsewhere who is visiting for not more than 30 days in a 12-month period; provided, if the visitor intends a longer than 30-day visit, the owner and visitor may apply for one 30-day extension with the Zoning Administrator, and the one 30-day extension may be granted where the visitor satisfactorily demonstrates that the motor home, tent, trailer, camper or other vehicle is not being used as a permanent residence.

“Parking area” includes the parking spaces together with driveways and the access to public street.

“Parking lift” shall mean a hydraulic or mechanical system designed to raise or lower parked vehicles in order to create additional parking space, typically above or below the lift and within an enclosed building.

“Parking stall or space” shall mean the designated parking area for one vehicle, the dimensions of which shall be in accordance with the City of Ferndale development standards. Ratios of compact spaces and ADA accessible spaces shall be determined upon application.

“Pedestrian-oriented zone” shall mean all areas within the City center and urban residential zones, and is subject to amendment by the City Council. The pedestrian-oriented zone promotes pedestrian-scale uses, appearance, and activity, and includes certain specific parking requirements.

“Recreational vehicle” shall mean a vehicle used for personal pleasure or travel, but shall not be used in connection with a business endeavor.

“Screen” shall mean a permanent or semi-permanent sight-obscuring device, typically affixed to the ground or a structure, designed to minimize the visual impact of certain features on a site or group of sites. Screens may include, but are not limited to, vegetation, fences, or walls, but shall not include temporary devices such as tarps or vehicle covers.

“Stacking space” shall mean that area utilized by certain businesses to channel vehicles into a line while waiting for service.

“Vehicle” shall mean a conveyance that transports people or objects.

Any definitions not included herein shall be determined by the Zoning Administrator. (Ord. 1522, 2009)

18.76.050 General requirements.

A.    Off-street parking for other than residential use shall be either on the same lot or within 300 feet of the building it is intended to serve, except that in those cases where City parking has been developed for a special area, this distance may be extended by the Zoning Administrator. This distance may also be extended if the Zoning Administrator finds that the pedestrian route of travel is well lit and sufficiently protected from inclement weather; provided also, that ADA parking is provided in close proximity to the use, as per ADA standards.

B.    Residential off-street parking space shall consist of a parking strip, driveway, garage, parking lift, or a combination thereof and shall be located on the lot they are intended to serve.

C.    Two or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately. Legally binding documents shall be approved by the City Attorney and filed with the City Clerk and recorded at expense of the applicant in cases of mutual use of parking area.

D.    The required off-street parking shall be for occupants, employees, visitors and patrons and shall be limited in use to parking unless other uses are shown on an approved site plan.

E.    So long as operating hours do not materially overlap, the Zoning Administrator may grant an exception to the separate computation of individual uses in mutual use parking areas or the use of parking spaces.

F.    The Zoning Administrator may determine the number of parking spaces required for uses not included in this chapter. For any use other than single-family residential development, the Zoning Administrator may require that the applicant provide a professional assessment of anticipated parking requirements and peak hours of operation. (Ord. 1522, 2009)

18.76.060 Stacking spaces.

A.    All businesses which maintain drive-in facilities which are intended to serve customers who remain in their motor vehicles during business transactions shall be required to design their parking facilities to accommodate stacking space as provided in Table 1: Vehicle Stacking Requirements.

Table 1
Vehicle Stacking Requirements 

Type of Operation

Minimum Number of Vehicles

Financial institution, with drive-up tellers

4 vehicles per window/kiosk

Financial institution, with drive-up ATM (if separate from drive-up tellers)

4 vehicles per window/kiosk

Car wash, self-service

2 vehicles per bay at entrance

1 vehicle per bay at exit

Car wash, automatic

6 vehicles per bay at entrance

1 vehicle per bay at exit

Restaurant, fast food and/or coffee shops with indoor seating

6, including 3 vehicles behind each menu board and 3 vehicles behind first window, or a combination of the two

Restaurant, fast food and/or coffee shops with no indoor seating

8 vehicles – 1 vehicle at window, 7 in stacking lane

Photo processing/pharmacy prescription pickup window

4 vehicles per window – 1 vehicle at window, 3 in line

Dry cleaning

2 vehicles per window

Retail gasoline/stations

2 vehicles per gasoline pump

Wholesale gasoline/stations

4 vehicles per gasoline pump

B.    Driveway Locations. The location of entrances and exits shall be approved by the City Engineer or their designee.

C.    Minimum Dimensions of Stacking Spaces. A stacking space is 12 feet wide by 20 feet long. The minimum inside turning radius of stacking lanes is 17 feet, six inches.

D.    Stacking lanes shall not interfere with parking spaces, parking aisles, loading spaces, internal site circulation, or points of ingress and egress for vehicles or pedestrians, and shall not stack into any right-of-way. To meet this requirement, the Zoning Administrator, Public Works Director, or their designee may require that one or more signs be posted restricting vehicle stacking beyond a certain point. (Ord. 1522, 2009)

18.76.070 Off-street parking spaces required.

The minimum number of off-street parking spaces to be provided shall be determined in accordance with Table 2, below. Where parking spaces are based on the square footage of a building, the applicant shall provide the City with a calculation based on gross floor area, as defined by this title. The type and number of ADA-compliant parking spaces shall be subject to applicable state law, and each ADA parking space shall be considered as one parking space for the purposes of calculating required parking.

Table 2

Off-Street Parking Requirements

(Ord. 1522, 2009)

18.76.080 Employee parking.

Owners and employees of businesses within the pedestrian-oriented zone shall be encouraged to park their vehicles in areas of low parking congestion, and to utilize available carpooling opportunities or other modes of transportation to and from work. (Ord. 1522, 2009)

18.76.090 Off-street parking credits.

Limited credits shall be allowed toward off-street parking requirements in the following circumstances:

A.    Within the CC and UR zones, the parking space requirement of this title can be reduced by 25 percent. This is to be done by deducting 25 percent from the gross floor area prior to calculating required spaces per square foot.

B.    Within the CC and UR zones, a commercial or mixed-use commercial-residential development may receive credit for one space for each two on-street spaces within 300 feet of the property line frontage of the use.

C.    Regardless of other credits and parking reductions permitted herein, all residential uses in the pedestrian-oriented zone shall have a minimum of one dedicated off-street parking space per residential unit. (Ord. 1522, 2009)

18.76.100 ADA accessibility.

Parking within the City of Ferndale shall conform to the requirements of the Americans with Disabilities Act, as required by law. (Ord. 1522, 2009)

Article II. Parking Standards and Layout

18.76.110 Parking lot layout, construction and maintenance.

Off-street parking lot layout, construction and maintenance requirements shall be as follows:

A.    The party developing an off-street parking area shall submit to the Zoning Administrator for approval a plan of the parking area showing adjacent streets, proposed circulation of traffic, proposed location, type, and size of individual parking spaces, proposed drainage, lighting and landscaping, fencing and screening planting. The plan shall also include a table listing the number and type of parking spaces.

B.    Off-street parking area lot dimensions and layout shall be guided by the design standards approved by the Institute of Traffic Engineers insofar as not otherwise prescribed by this title.

C.    Ingress and egress to the parking lot or area shall be provided at locations approved by the Zoning Administrator or Public Works Director. In no case shall improved roadways be used for maneuvering into or out of the parking spaces. Alleyways may be used for maneuvering into or out of parking spaces.

D.    Construction. All required off-street parking areas shall be graded and paved to a standard comparable to the street which serves the parking area as determined by the Administrator and shall be developed and completed to the required standard before a certificate of occupancy for the building is issued. Pervious pavement is encouraged. All traffic-control devices such as parking strips, designated car stalls, directional arrows or signs, rails, curbs and other developments shall be installed and completed as shown on the approved plans. Hard surfaced parking areas shall use paint or similar devices to delineate car stalls and direction of traffic. Where pedestrian walks are used in parking lots for the use of foot traffic only, they shall be raised six inches above the lot surface and shall be a minimum of four feet wide.

E.    Parking lot landscaping shall be as per the landscaping chapter of the Ferndale Municipal Code (Chapter 18.74 FMC).

F.    Any parking spaces abutting a landscaped area on the driver or passenger side of the vehicle shall provide an additional 18 inches above the minimum space width requirement to provide a place to step other than in the landscaped area. The additional width shall be separated from the adjacent parking space by a parking space division stripe.

G.    Before the granting of a building permit for any new building or structure, or for any enlargement thereof or a change of use, the applicant must present in writing the arrangements that have been made to provide any required off-street parking.

H.    Driveway Dimensions. When off-street parking is provided in the rear of a building and a driveway or land alongside the building provides access to the rear parking area, such driveway shall have a minimum width of 12 feet and provisions for a four-foot minimum width sidewalk accessing the rear of the building either abutting or in close proximity to the driveway, raised six inches above the driveway surface, shall be included.

I.    When due regard to public safety so indicates, the Zoning Administrator may require that up to 50 percent of the required off-street parking area must be clearly marked as customer parking with signs as necessary directing the public to the premises from adjacent street or streets. During business hours, customer vehicles only may occupy parking spaces so marked.

J.    With regard to parking lot design, the applicant shall eliminate vehicle travel directly in front of the primary entrance wherever possible, so as to establish a “vehicle free zone” between the parking lot and the facility. This zone shall be protected with bollards or other devices which may be removed in emergencies.

K.    Parking garages either above or below ground shall observe a minimum height clearance of seven feet, six inches.

L.    Developments may provide parking for recreational vehicles or other oversized vehicles in appropriately-sized vehicle spaces, screened from the public right-of-way. Parking lot camping is prohibited except in designated spaces, and no vehicles may be permitted to stay more than 72 hours. It is the responsibility of the developments’ management to maintain a log of such vehicles, including license plate numbers and arrival and departure times. (Ord. 1522, 2009)

18.76.120 Loading space requirements.

An off-street loading space having access to a public thoroughfare shall be required adjacent to each building hereafter erected or enlarged to the extent specified in FMC 18.76.020 if the use of such building entails deliveries or shipments to or from it. Such loading space shall be adequate size to accommodate the number and size of vehicles simultaneously loaded or unloaded in connection with the business conducted in such building. No part of the truck or van shall extend into the public right-of-way when using the loading space. (Ord. 1522, 2009)

18.76.130 Parking space standards.

A.    Automobile Parking.

1.    Except for compact car spaces, each parking space shall be nine feet wide and 19 feet long. Twenty-five percent of the total spaces required may be for compact cars only. These spaces must be so designated. Each compact space shall be at least eight feet wide and 16 feet long.

2.    Parking space depth may be reduced when vehicles overhang a walkway under the following conditions:

a.    Wheelstops or curbs are installed.

b.    The remaining walkway provides a minimum of 60 inches of unimpeded passageway for pedestrians.

c.    The amount of space depth reduction is limited to a maximum of one and one-half feet for standing parking spaces and one and one-half feet for compact spaces including the wheelstop or curb.

B.    Motorcycle and Bicycle Parking.

1.    Motorcycle spaces may be proposed to replace automobile parking spaces at a ratio of two motorcycle spaces per 20 automobile spaces. The Zoning Administrator may authorize a reduction in automobile parking for parking lots with less than 20 spaces. Motorcycle spaces shall be a minimum of three feet, four inches wide and seven feet deep.

2.    Bicycles shall be docked to a stationary object through which a user can secure the frame of a bicycle using a six-foot cable and lock. The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket. The applicant may propose alternative bicycle racks or storage options, subject to the approval of the Zoning Administrator. Bicycle racks which support the entire bicycle, rather than one wheel only, are encouraged.

3.    For long-term bicycle parking for employees or residents, indoor, high security bicycle storage shall be encouraged. Such storage may consist of video monitoring, locked bicycle storage cabinets, security lighting, or additional measures.

4.    For short-term bicycle parking for customers and the general public, bicycle parking and storage shall be located in close proximity to the front door of the business establishment, or in the case of multiple businesses, bicycle parking shall be placed in multiple locations or near the center of the development. The bicycle parking shall be in plain view and well lit. Covered bicycle parking is optional, but encouraged.

5.    No bicycle parking shall be located in such a manner that will interfere with pedestrian movement or access into or out of businesses or residences, or along sidewalks and pedestrian corridors.

6.    Bicycle parking may be consolidated into one common area for multiple uses or businesses, and may include a one-third deduction in total bicycle spaces required for all participating uses. The applicant must demonstrate that a written, recorded and/or filed legal agreement exists for shared bicycle parking, and must also establish that the bicycle parking is within 150 feet of the front entrance of all participating businesses. Businesses located at a distance greater than 150 feet from a bicycle parking rack may participate in an agreement if they can demonstrate that a covered walkway (or similar) exists along the pedestrian route of travel. (Ord. 1522, 2009)

18.76.140 Parking lot standards.

Parking lot design standards shall be subject to the most current version of the Ferndale design standards. (Ord. 1522, 2009)

Article III. Administrative Policies

18.76.150 Conflict with other provisions.

Where there is a conflict between the regulations of this chapter and the regulations of any other section of this code, the regulations of this chapter shall prevail; provided, however, that the regulations of other sections shall prevail in the following cases:

A.    Where the regulations of any other section are more restrictive.

B.    Where a planned unit development (PUD) or other similar private development has been established in accordance with procedures set forth in Chapter 18.68 FMC; provided, that any such planned unit development regulations shall include comprehensive parking regulations encompassing the entire planned unit development area, and there is no risk to life, safety, and general welfare. (Ord. 1522, 2009)

18.76.160 Nonconforming parking continuance.

Any existing parking lot that was an allowed use prior to the effective date of the ordinance codified in this chapter may be continued in its current configuration and be maintained after said effective date and shall become a legal nonconforming use provided:

A.    The configuration of any parking stall or parked vehicle shall not be changed in any manner that increases its noncompliance with the provisions of the ordinance codified in this chapter.

B.    Normal maintenance and upkeep of nonconforming parking lots, including restriping, repaving, and the addition or replacement of vehicle stops; provided, that the total number of parking spaces is not changed, and installation or replacement of lighting may be allowed; provided, that the work does not increase the nonconformity of the parking lot.

C.    Activities that are prohibited by this chapter shall have 90 days after the effective date of the ordinance codified in this chapter or after annexation of property into the City of Ferndale to be brought into conformity with the chapter.

D.    When a parking lot is altered, reducing or increasing the number or size of parking spaces, access points, etc., it ceases to be a legal nonconforming lot and must be brought into conformance with the provisions of this chapter. Any act which enlarges the size of parking lots shall be subject to the provisions of this chapter.

E.    When a business utilizing a parking space or parking lot changes or expands to a point that additional parking is required, it shall be the responsibility of the business to create additional parking according to the requirements of this chapter. (Ord. 1522, 2009)

18.76.170 Severability.

If any section, sentence, clause or phrase of this chapter shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 1522, 2009)