Chapter 17.43
PARKING

Sections:

17.43.010    General requirements.

17.43.020    Number of off-street spaces required.

17.43.030    Alternating use of parking spaces.

17.43.040    Modification of off-street parking requirements.

17.43.050    Development standards.

17.43.060    Temporary parking lots.

17.43.070    Loading spaces.

17.43.080    Requirements of downtown parking district.

17.43.010 General requirements.

A. Purpose. This chapter regulates the number and standards for off-street parking spaces required by this chapter and the number of off-street parking spaces in order to reduce street and traffic congestion and to provide safely and attractively designed parking facilities that are compatible with the surrounding land uses.

B. Use of Land and Buildings. No use of land shall be commenced, no building or structure shall hereafter be erected, constructed or moved within or onto any lot or parcel of land for any use or purpose, and no existing land or building use other than a lawful nonconforming use as to the requirements of this chapter shall continue unless off-street parking spaces are provided and maintained in accordance with the requirements of this chapter are shown on the plans and application submitted for such permit, and no final inspection or authorization for utility service shall be given until the requirements of this chapter for the use requested have been met.

C. Authorization of Buildings or Uses. No building or use that is lawful nonconforming use as to the requirements of this chapter shall be expanded through an increase in the number of living units or gross floor area, or modified or changed through an increase in seating capacity, number of persons employed or otherwise, unless the number of additional off-street parking spaces necessitated by such remodeling, expansion, modification or change under the provisions of this chapter are provided.

D. Fractions. If the number of required off-street parking spaces contains a fraction, such number shall be changed to the nearest higher whole number.

E. Mixed Uses. When mixed uses are located on the same lot or parcel, or within the same building, the sum total of the required parking for the individual use shall apply, except as otherwise provided for in this chapter.

F. Spaces for One Use Only. An off-street parking space for one use shall not be considered to provide a required off-street parking space for any other use, except in the case of an alternating use approved by the deciding body as hereinafter provided.

G. Commercial Operation of Parking Spaces. All privately owned off-street parking spaces required to be provided by this chapter, or required by any administrative approval authorized by this chapter, shall be operated without charge to the users thereof. No privately owned parking lot that contains such spaces shall be operated commercially or under a validation system whereby parkers patronizing business for which the spaces are provided are admitted to the lot free of charge or at reduced charges and other parkers are charged a fee, and the admission of vehicles to such lots shall not be restricted by gates or other physical means during periods when the use or uses for which the spaces are required are in operation. The provisions of this section shall not be deemed to prohibit the posting of signs at entrances to such parking lots identifying the businesses or uses for whose benefit the lots are operated and prohibiting other parking under threat of tow-away.

H. Permit Required for Parking Lot Improvements. No person shall erect, construct, relocate, enlarge, alter, repair, move, improve, remove, or convert any parking lot without a permit therefor except:

1. When repainting the existing lines in the same configuration without any resurface or top coat;

2. When included as part of a zoning approval; or

3. Normal maintenance that does not involve extensive structural repairs when necessary to provide for health or safety.

I. Work on Vehicles in Off-Street Parking Spaces. No vehicle repair work of any kind shall be performed on any vehicle in a required off-street parking space. (Ord. 495 § 1, 2005)

17.43.020 Number of off-street spaces required.

A. Purpose. The regulations contained in this section are intended to ensure the provision of a sufficient number of off-street parking spaces privately and publicly owned and operated to satisfy needs generated by permissible uses. The provision and maintenance of off-street parking spaces as required by these standards, except for those properties in the downtown parking district, shall be a continuing obligation so long as the use continues.

B. Minimum Parking Requirements. The number of off-street parking spaces required is set in this subsection. When a use is not listed in this subsection, the city planner shall determine the parking requirements by analogy to the requirements for the listed uses.

1. Single-family residential, condominiums, townhouses and two-family dwellings: Two covered parking spaces for each living unit.

2. Secondary dwelling units: One parking space in addition to the required minimum number of parking spaces for the primary dwelling unit.

3. Housing for senior citizens, if development deed restricted: One parking space per unit, plus one visitor parking space for every four units.

4. Multiple-unit dwellings: One and one-half times the number of living units in such dwellings, plus one-half visitor parking space per unit. Bicycle racks or storage lockers to accommodate one bicycle per three units.

5. Hotels, motels and auto courts: One parking space for each guest room or suite, plus one parking space for each employee.

6. Lodging houses, boardinghouses: One parking space for each two beds in such building, plus one parking space for each employee.

7. Hospitals: One and one-half parking spaces for each bed.

8. Sanitariums, convalescent homes and rest homes: One parking space per two and one-half beds.

9. Medical or dental clinic or office: One parking space for each 200 square feet of gross floor area or six spaces per doctor, whichever is more restrictive, plus bicycle racks or storage lockers to accommodate one bicycle per two employees on maximum shift.

10. Retail and commercial stores and shops: One parking space for each 250 square feet of gross floor area, plus bicycle racks or storage lockers to accommodate one bicycle per 500 square feet up to 5,000 and one per 1,000 square feet above 5,000.

11. Business and professional offices, banks, financial institutions, insurance companies, social service agencies and studios: One parking space for each 250 square feet of gross floor area.

12. Laundromat: One parking space for each 250 square feet of gross floor area.

13. Animal hospital: One parking space for each 250 square feet of gross floor area.

14. Household furniture, appliances and furniture repair shops: One parking space for each 250 square feet of gross floor area.

15. Enclosed automobile or machinery sales: One parking space for each 470 feet of gross floor area.

16. Open sales areas: Two parking spaces for each employee.

17. Service stations and auto repair and auto service businesses: Two parking spaces for each grease rack or working bay, plus one parking space for each employee.

18. Public eating establishments, taverns, bars and nightclubs: One parking space for each three seats in such public eating establishments, taverns or nightclubs, plus bicycle racks or storage lockers to accommodate one bicycle per 10 seats of maximum capacity. Where capacity cannot be determined, one space per 250 square feet plus bicycle racks or storage lockers to accommodate one bicycle per 500 feet.

19. Wholesale establishments and warehouses: One parking space for each 2,350 square feet of gross floor area, plus one parking space for each company vehicle used in the operation of such establishment or warehouse, plus bicycle racks or storage lockers to accommodate one bicycle per 10 employees on maximum shift.

20. Manufacturing plants, machine shops, research or testing (laboratories, bottling plants) and printing plants: One parking space for each one and one-half employees, plus one parking space for each company vehicle used in the operation of such plant, shop or laboratory, plus bicycle racks or storage lockers to accommodate one bicycle per 10 employees on maximum shift.

21. Funeral homes and mortuaries: One parking space for each 700 square feet of gross floor area, plus one space for each employee and one parking space for each company vehicle used in the operation of such home or mortuary.

22. Libraries and community centers: For libraries, one parking space for each 590 square feet of gross floor area, plus one parking space for each employee, plus bicycle racks or storage lockers to accommodate one bicycle per 10 seats of maximum capacity. For community centers, one space per 250 square feet plus bicycle racks or storage lockers to accommodate one bicycle per 500 feet.

23. Post offices: One parking space for each 250 square feet of gross floor area, plus one parking space for each employee, and one for each official vehicle, plus bicycle racks or storage lockers to accommodate one bicycle per two employees on maximum shift.

24. Private clubs and lodges: One parking space for each 350 square feet of gross floor area, plus one parking space for each 350 square feet of outside areas employed for purposes of assembly and meeting by the members and guests of such clubs and lodges, plus one parking space for each 590 square feet of outside areas developed for recreational purposes, such as gardens, swimming pools, park areas and assembly areas, excepting golf course playing area and similar field sports.

25. Elementary schools: One parking space for each employee, and if such school has an auditorium there shall be one parking space for each three and one-half fixed seats in such auditorium, plus one parking space for each six linear feet of fixed benches therein, or one parking space for each 35 square feet of gross floor area in such auditorium.

26. Intermediate or junior high schools: One parking space for each employee, and if such school has an auditorium there shall be one parking space for each three and one-half fixed seats in such auditorium, plus one parking space for each six linear feet of fixed benches therein, or one parking space for each 35 square feet of gross floor area in such auditorium.

27. High schools: One parking space for each employee, plus one parking space for each seven students in such high school and if such school has an auditorium there shall be one parking space for each three and one-half fixed seats in such auditorium plus one parking space for each six linear feet of fixed benches therein, or one parking space for each 35 square feet of gross floor area in such auditorium.

28. Colleges: One parking space for each employee, plus one parking space for each three students in such college, and if such college has an auditorium, there shall be one parking space for each three and one-half fixed seats in such auditorium, plus one parking space for each six linear feet of fixed benches therein, or one parking space for each 35 feet of gross floor area in such auditorium.

29. Churches: One parking space for each four seats in each building used separately, or together with any other building, for worship, plus bicycle racks or storage lockers to accommodate one bicycle per 10 seats of maximum capacity. Where capacity cannot be determined, one space per 250 square feet plus bicycle racks or storage lockers to accommodate one bicycle per 500 feet.

30. Bowling lanes: Five parking spaces for each lane in each establishment.

31. Auditoriums, theaters, sports arenas, stadiums and assembly halls, with or without fixed seats: One parking space for each three and one-half fixed seats on such premises, plus one parking space for each six linear feet of fixed benches on the premises, or one parking space for each 35 square feet of gross floor area.

32. Mobile home parks: Two spaces per mobile home space, plus one space for every six mobile home spaces for visitor parking, plus bicycle racks or storage lockers to accommodate one bicycle per five mobile homes.

33. Day care centers or nursery schools: One per employee on the largest shift, plus one per 10 children, plus one for each center vehicle.

34. Subdivision sales office: One space for each employee in the sales office on the largest shift and a minimum of four visitor spaces.

35. Mini-storage warehouse: One and one-half spaces per employee on the largest shift, two spaces for each residential unit, and one space per 250 square feet of office/administrative space. Where there is no residential unit on site, a minimum of five spaces shall be provided regardless of the size of the office/administrative space.

C. Bicycle Parking. Where bicycle parking is required, the planning commission shall have the authority to add or reduce the requirement if it makes a finding that more or less bicycle parking is necessary due to the type of development and the age of the population to use the facility.

D. Handicapped Spaces. Handicapped spaces provided in compliance with state or local regulation shall be counted in determining the number of spaces provided in meeting the requirements of this chapter. (Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)

17.43.030 Alternating use of parking spaces.

Where uses are required by this chapter to be served by off-street parking spaces, and where some of the uses generate parking demands primarily during hours when the remaining uses are closed but parking reductions are not authorized under the modification provisions in this chapter, alternating use of the space is allowed if approved by conditional use permit by the planning commission, but only if specifically authorized by conditional use permit. Issuance of the permit must be supported by findings that the alternating use of such spaces will not result in the effective provisions of fewer off-street parking spaces than required by this chapter. Required parking spaces shall normally be on the same lot as the main building. For required parking not located on the same lot, a properly drawn legal instrument shall be prepared, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the city attorney and recorded with the county recorder. Joint use parking privilege shall continue in effect only so long as such an instrument, binding on all parties, remains in force. If such instrument becomes legally ineffective, then parking shall be provided as otherwise required by this chapter. In no case shall required parking not located on the same property be more than 300 feet from the subject parcel.

The permit may contain such conditions as are necessary to assure the facts found to support the alternate use of parking spaces will continue to exist, including:

A. Submission of satisfactory statements by the party or parties providing the proposed alternating parking, describing the users and their times of operation, and showing the absence of conflict between them;

B. Written agreements between the parties setting forth the terms and conditions under which the off-street parking spaces will be operated;

C. Documents showing maintenance provisions; and

D. Other documents or commitments deemed necessary. (Ord. 495 § 1, 2005)

17.43.040 Modification of off-street parking requirements.

The commercially zoned areas of the City of Escalon are intended to serve the various needs of residents, businesses, tourists, and other visitors to the city. The City of Escalon desires to create public parking, bikeways, sidewalks, pedestrian landings, etc., in order to better facilitate more and safer pedestrian and bicycle movement from residential development to the various retail and commercial uses. Also, the City of Escalon recognizes the pedestrian and bicycle modes of traffic that utilize the various retail and commercial uses within the city add to the economic viability of the city. Therefore, the planning commission may reduce off-street parking for all permitted commercial uses except motels and hotels under any one of the following determinations:

A. When a finding can be made that the reduction is consistent with and will further the goals described above.

B. When a common off-street public parking facility located within 300 feet of the uses served will provide 20 or more parking spaces, up to 10 required on-site parking spaces may be deleted from the project.

C. When a project contains more than one user on the same or contiguous sites, the total gross floor area is 5,000 square feet or greater, and unassigned off-street parking is provided, the total number of parking spaces required for all uses served may be reduced up to 25 percent upon a finding by the planning commission that the typical use of the off-street parking facility would be staggered to such an extent that the reduced number of spaces would be adequate to serve all uses sharing the facility. An example of such usage would be parking within a shopping center where such parking is not assigned to a specific use.

D. The planning commission may authorize a maximum 25 percent of the required parking for a use to be located on a site not more than 300 feet from the site of the use for which such parking is required, where such off-site parking will serve the use equally as effectively and conveniently as providing such parking on the same site as the use for which it is required. As part of the planning commission action in granting such an exception, it shall require such assurance as recommended by the city attorney that the remote parking site will always be available for parking unless such required parking can be provided on an alternate site.

E. The planning commission may authorize a maximum 10 percent reduction in the required on-site parking requirements where such reduction will not result in a traffic hazard, impact the necessary parking for the use, and will not impact abutting uses.

F. The required number of off-street spaces may be modified for uses such as mixed use elderly housing (where both elderly and nonelderly housing is provided), housing for persons with disabilities, or retirement homes where it can be demonstrated that automobile use or ownership is significantly lower than for other dwellings or lodging houses.

G. When establishments serving food and beverages occupy a mixed use development such as a hotel or conference center where joint use of facilities can be expected, the total number of parking spaces required for the food and beverage use may be reduced up to 25 percent.

H. The parking reductions provided for above may be allowed only if it is demonstrated to the satisfaction of the planning commission and/or city council that a combination of the following vehicular, pedestrian, bicycle and parking measures are proposed by the development plan, including but not limited to:

1. There are no material adverse impacts on parking conditions in the immediate vicinity.

2. The development plan mitigates vehicular traffic impacts by proposing limited access to and from public roadways.

3. The development plan proposes the creation of new or upgraded sidewalks or bikeways to help foster nonvehicular movement within, around and to the site.

4. Public/private open spaces are created to help foster pedestrian and bikeway attractions (i.e., bicycle racks, benches, open and landscaped areas, pedestrian landings, lighting, etc.).

5. Additional landscape measures are taken beyond minimum city requirements so as to help foster the identity of the city.

6. Safety signs, traffic signals, and crosswalks are implemented to help reduce any potential conflicts between pedestrians and vehicles.

I. The city may place conditions of approval on any development plan that the developer/builder pays to the City of Escalon a per-parking-space fee (rate determined on a per project basis) to help fund and facilitate other public parking, sidewalks, crosswalks, lighting, pedestrian landings, bicycle lanes, bicycle paths, benches, signs, traffic signals, etc., for commercial areas within the city where it can be determined that there is a nexus between the increased traffic of the proposed development and the improvements being requested.

J. There shall be no reduction in off-street parking requirements for motels/hotels or residential uses, other than as provided for above. (Ord. 495 § 1, 2005)

17.43.050 Development standards.

A. Generally. All permanent off-street parking lots and parking garages shall be constructed as provided in this section. Where the rules of a zone pertaining to yards, landscaping, fencing, or lighting are stricter than those contained in this section, the rules of the zone apply.

B. Location of Required Off-Street Parking Spaces. All off-street parking spaces shall be on the same lot as the use for which they are provided, except as may otherwise be provided for in this chapter. Required parking spaces shall not be in a required front yard or side yard adjacent to a street.

C. Driveways. Off-street parking lots and parking garages must be connected to streets or alleys by driveways that comply with the following requirements:

1. Driveways that serve not more than two parking spaces shall be at least 10 feet wide if they provide either ingress or egress only, and not less than 18 feet wide if they provide both ingress and egress. The planning commission may authorize a reduction in width of two-way driveways for a portion of the driveway if the planning commission finds that conditions make the 18-foot requirement impractical.

2. Driveways that serve more than two and not more than 10 parking spaces shall be at least 10 feet wide if they provide either ingress or egress only, and not less than 18 feet wide if they provide both ingress and egress.

3. Driveways that serve more than 10 and not more than 25 parking spaces shall be at least 11 feet wide if they provide either ingress or egress only, and not less than 20 feet wide if they provide both ingress and egress.

4. Driveways that serve more than 25 parking spaces shall be at least 12 feet wide if they provide either ingress or egress only, and not less than 22 feet wide if they provide both ingress and egress.

5. The minimum distance from a wall, fence or similar obstacle to the edge of any driveway shall be two feet except for single- and two-family dwellings where no minimum distance is required.

6. All driveways less than 18 feet in width and more than 150 feet in length shall be developed with turn-out areas to prevent the obstruction of access to emergency vehicles in such numbers, at such locations and designed and constructed to such standards as the city engineer prescribes.

7. When a garage or carport opens onto a street (excluding alleys) the length of the driveway shall not be less than 25 feet.

8. Unless otherwise authorized by the fire chief, a vertical clearance of at least 12 feet shall be maintained above all driveways.

9. Unless otherwise authorized by the fire chief, curves in a driveway more than 150 feet long shall have at least a 45-foot outside radius.

D. Size and Location of Spaces and Aisles. All parking spaces and aisles shall conform to the following standards:

1. For the purpose of determining parking space dimensions, the front limit of the space shall be the face of any wall or barrier (bumper height or higher). If no such wall or barrier exists, the front limit shall be a line perpendicular to the sideline of the space, two feet forward of the face of the curb or wheel stop.

2. Standard spaces shall be at least 19 feet long and nine feet wide.

3. Space width shall be increased by one foot to 10 feet if adjacent on one side to a wall, fence, hedge or structure; and by two feet to 11 feet if adjacent on both sides to such walls, fences, hedges, or structures. Garages that are required parking for one- and two-family dwellings shall have at least 20 feet by 20 feet clear inside dimension for two-car garages and 11 feet by 20 feet for one-car garages.

4. Off-street spaces parallel with the aisle shall be at least 20 feet long for standard spaces.

5. Aisle widths for two-way aisles shall be a minimum of 25 feet.

6. Aisle widths and stall sizes are described in the following table:

Angle of Stall (Degrees)

Depth of Stall Perpendicular to Aisle (Feet)

Minimum Width of One-Way Aisle (Feet)

Parallel

9.0

12

30

17.8

12

45

20.5

13

60

21.8

15

90

19.0

25

7. When the configuration of the property or the location of existing structures constrict design of parking areas, the deciding body may modify parking stall and aisle width dimensions; provided, that the applicant can demonstrate the modification would not impair the function of the parking area.

8. Parking space boundaries shall be delineated by double striping. Each double stripe shall consist of two four-inch lines, separated by an 18-inch space.

9. Diagonal parking is encouraged wherever possible but shall be discouraged from having two-way aisles.

10. One-way aisles shall not dead-end. Dead-ends on two-way aisles are permissible if turnaround space is provided.

11. The minimum inside turning radius for aisles and islands shall be 20 feet.

12. Off-street parking shall have maneuvering areas adequate to eliminate aisle-to-aisle circulation via the street.

13. Off-street parking areas shall be designed so that automobiles will not be backed onto a street, except for parking areas that are not on an arterial street serving single-family dwellings.

14. No required off-street parking spaces shall be allowed in tandem unless specified in conditions of approval, development agreements or PD site plan.

E. Surfacing. All outdoor off-street parking spaces, driveways and maneuvering areas shall be paved with a compacted base not less than four inches thick, surfaced with asphalt concrete or Portland cement concrete pavement or other surfacing approved by the city engineer. The paved area shall be provided with drainage facilities subject to the approval of the city engineer, adequate to dispose of all accumulated surface water. Special paving may be required within the drip line of existing trees subject to the recommendation of the city planner.

F. Lighting. All parking lot and parking garage lighting facilities shall conform to the following standards:

1. The location, design, intensity, light hue and shielding of lighting fixtures shall be subject to approval by the city planner.

2. Lighting used in connection with off-street parking spaces located in, or adjacent to, any residential zone shall be arranged and shielded so that the light will not shine directly on land in such residential zone.

G. Screening and Landscaping. Parking lots and spaces shall be screened and landscaped as follows:

1. Except for those which serve single- or two-family dwellings, all outdoor off-street parking spaces shall be screened on all sides that adjoin, face, or are across the street from either properties situated in a residential zone or properties developed with a residential use. The design of all screening is subject to approval by the city planner.

2. Wherever a parking lot is adjacent to a street, a landscaped buffer at least 10 feet wide is required. Where the parking lot is adjacent to a side or rear property line or to an alley, a landscaped buffer at least five feet wide is required. The required width of landscaped buffers is exclusive of curbing or allowance for vehicle overhang, and is measured from the property line or street or alley right-of-way line.

3. All landscaped areas shall be completely enclosed by a six-inch continuous concrete curb. At any point where a curb around a landscaped area serves as a wheel stop, a vehicle overhang allowance of two feet including the width of the curb shall be added to the landscaped area.

4. All portions of the parking area not used for automobile maneuvering and parking or for pedestrian walkways shall be landscaped.

5. All landscaped areas shall be provided with complete irrigation facilities.

6. At least five percent of the interior of all parking areas shall be landscaped. In order to be included in the calculation of the amount of interior landscaping, all landscaped areas must be at least five feet in any dimension exclusive of curbing and vehicle overhang allowances, except that landscaped areas separating side by side parking spaces are included in the calculation if they are at least three feet wide exclusive of curbs. (Ord. 495 § 1, 2005)

17.43.060 Temporary parking lots.

A. When this chapter requires that parking be provided to serve a building which is being remodeled or a building which occupies the site of an approved parking lot intended to serve a building which is under construction, or to support a temporary use as determined by the city planner, temporary parking may be provided. Temporary parking lots shall be surfaced, lighted, landscaped and otherwise improved, consistent with the purpose of such lots as temporary facilities, to be safe and present an acceptable appearance. Site and architecture approval, with an expiration date, is required for all temporary parking lots.

B. The city may construct temporary parking lots to alleviate parking shortages. The standards and procedures are the same as provided in subsection A of this section. (Ord. 495 § 1, 2005)

17.43.070 Loading spaces.

A. Required. Any structure having a floor area of 10,000 square feet or more, which is to be occupied by a manufacturing plant, storage facility, warehouse facility, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning establishment, or other use similarly requiring the receipt or distribution by vehicles or trucks of materials or merchandise, shall provide on the same lot or parcel at least one off-street loading space, plus one additional such loading space for each 20,000 square feet of floor area. Such off-street loading spaces shall be maintained during the existence of the building or use they are required to serve. A required loading space may occupy a required rear yard or any part thereof.

B. Improvement Standards. Loading spaces required by this subsection shall be developed to the following standards, to the extent other more rigid standards prescribed elsewhere in this chapter do not apply:

1. Size of Off-Street Loading Spaces. Each off-street loading space required by subsection A of this section shall be not less than 10 feet wide, 30 feet long, and 15 feet high, exclusive of driveways for ingress and egress and maneuvering areas.

2. Driveways for Ingress and Egress and Maneuvering Areas. Each off-street loading space required by subsection A of this section shall be provided with driveways for ingress and egress and maneuvering space of the same type which is required for off-street parking spaces.

3. Location of Off-Street Loading Spaces. No off-street loading space required by subsection A of this section shall be located closer than 40 feet to any street.

4. Screening. All loading spaces shall be screened so as not to be visible from any adjacent residential properties, and shall be designed so that noise from loading operations or equipment is sufficiently buffered from adjacent residential properties. Such screen may include sound walls and landscaping. (Ord. 495 § 1, 2005)

17.43.080 Requirements of downtown parking district.

A. The ability of property owners to provide the parking spaces required under this chapter is usually not feasible in the downtown area due to the lack of vacant land. In order to provide for the orderly and viable transition of property uses in the area described as the downtown parking district, existing uses are exempt from the requirements of EMC 17.43.020.

B. Where there is a change in use within an existing building or property and no additional floor area or additional dwelling units are proposed, no additional parking spaces are required.

C. Where additional floor area or additional dwelling units are created or new buildings constructed, the parking requirements of this chapter shall be met for the new construction. No existing parking spaces shall be removed in order to accommodate additional or new construction and/or uses.

D. For purposes of this parking exemption section, the downtown parking district is described as follows: properties within the area and on both sides of these district boundary streets: Main Street, Third Street, and State Route 120. (Ord. 530 Att. A, 2011; Ord. 495 § 1, 2005)