V.I. Code tit. 29, § 230 (2019)
2019 US Virgin Islands Code|Title 29 - Public Planning and Development|Chapter 3 - Virgin Islands Zoning and Subdivision Law|Subchapter I - Zoning Law|§ 230. Off-street parking and loading regulations

 Because there is little in the way of mass transportation available in the Virgin Islands (bus line on St. Thomas), most of the inhabitants, permanent and temporary, are dependent upon either private automobiles or their feet as a means of transportation. Taxi service is available on St. Thomas and St. Croix but the average visitor, staying more than a few days at an outlying hotel, is likely to rent a car for transportation to the business centers and for travel around the Islands. Among the inhabitants, all but the very low income persons own automobiles and the forecast is for a large increase in the number of cars on the Islands. With narrow roads and steep slopes, it is important that off-street parking be provided for all residences, including hotels, and it is important that adequate space be made available for the off-street parking and loading of motor vehicles in the business and industrial districts. The need is obvious and very great in the business section of Charlotte Amalie, where many of the available spaces are taken up by workers in the business establishments. Intent of regulations  (a) It is intended by this section that each permitted use of land which generates vehicular traffic provide its own parking and loading facilities in sufficient amount to permit such use to function without reliance upon parking or loading accommodations within public rights-of-way, the availability of which is subject to regulations upon traffic at various times and at various locations. It is further intended by this section that off-street parking and loading facilities be developed in a manner compatible with adjacent uses of land as well as the use of land it serves in accordance with the environment intended for the district in which such facility is located. General requirements  (b) No building or structure in any district established by this subchapter shall be erected or enlarged, nor shall any building, structure or land be used, designed or arranged for any purpose without provisions for such off-street parking facilities as required by this subchapter, or for such off-street loading facilities as required by this subchapter nor shall any off-street parking nor loading area whether required by this subchapter or voluntarily provided be developed other than in the manner set forth in this subchapter. For the purpose of this section, three hundred (300) square feet of lot area shall be deemed a parking space for one (1) vehicle, including access aisle, except that one hundred sixty-two (162) square feet of lot or floor area, which has a direct means of egress and ingress from any alley or street, shall be deemed parking space for one vehicle. On corner or through lots, parking space may not be included as part of required yards lying adjacent to either street. All parking spaces and access driveways shall be paved or otherwise surfaced with an all-weather surface, and shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area. No surface water from any parking area shall be permitted to drain onto adjoining property. All parking space shall be reserved for the sole use of the occupants of the building or lot sold the visitors thereto. However, churches, theaters, stadiums, auditoriums and other places of assembly may make arrangements for joint use of parking spaces as hereinafter specified. Loading spaces as required in subsection(s) shall not be construed as supplying off-street parking space. In case of a use not specifically mentioned, the requirements for off-street parking facilities for a use which is mentioned, and to which said not mentioned use is similar, shall apply, the determination to be made by the Zoning Administrator. When off-street parking and loading is required  (c) Off-street parking and loading shall be provided at the time any use of land is established or at the time of erection of any building or structure or at the time any building, structure or land is altered or enlarged in any manner to increase the amount of off-street parking or loading spaces as required by this subchapter. However, when the use of any building or land existing at the time of adoption of this subchapter is changed to a use in which the parking requirements of this subchapter are calculated differently from the method of calculation for the former use, only such additional parking as may result by reason of the different calculation need be provided for the changed use. Obligation for retaining off-street parking and loading space  (d) The requirements for off-street parking and loading shall be a continuing obligation of the owner of the real estate on which any use is located as long as the use continues and is a use which requires off-street parking or loading. It shall be unlawful for an owner of any building or land use activity affected by the off-street parking and loading requirements of this subchapter to discontinue, change, reduce or dispense with or cause the discontinuance or change or reduction of the required off-street parking or loading space which meets with the requirements of and is in compliance with this subchapter. It shall be unlawful for any firm or corporation to use such building or land without acquiring such area as is required and permitted by this subchapter to fulfill the off-street parking and loading requirements of this subchapter. Whenever off-street parking is required and cannot be provided within the principal building or on the same lot as the principal building and is located on another parcel or property provided for and utilized for off-street parking, said parcel of property shall be owned by the owner of the principal building or, in the alternative, shall be restricted by a recorded agreement to off-street parking purposes during, or as long as off-street parking is required for such principal building in accordance with the terms of this subchapter. Reduction in parking space  (e) Off-street parking space required under this section may be reduced at a time the capacity or use of a building is changed in such a manner that the new use or capacity would require less space than before the change. Such reduction may not be below the standards set forth in this section. Location of parking spaces  (f) The parking spaces required for uses other than one or two-family dwellings shall be located on the same lot as the principal use or on a lot which is within five hundred (500) feet of the principal use, such distance to be measured along lines of public access to the property. Passenger vehicles  (g) Except as otherwise provided in this section, off-street parking spaces required herein may be occupied by the occupants, employees or patrons of the property or by visitors, or by self-propelled delivery vehicles incidental to the principal use but not by vehicles being repaired, stored or displayed for sale or hire. Places of assembly  (h) In stadiums, sport arenas, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty (20) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements for off-street parking facilities under this subchapter. Units of measurement  (i) When units of measurement determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half ( shall be disregarded and fractions over one-half ( shall require one (1) parking space. Collective provisions  (j) Nothing in this section shall be construed to prevent collective provision of off-street parking facilities for two (2) or more structures or uses, provided that the total of such off-street parking spaces supplied collectively shall not be less than the sum of the requirements for the various uses computed separately; provided also that the requirements set forth hereinbefore as to maximum distances between parking facilities and principal structures or uses served shall apply to each structure or use participating in the collective provisions for parking. Joint use  (k) Churches. Parking spaces already provided to meet off-street parking requirements for theaters, stadiums, auditoriums and other places of public assembly, stores, office buildings, and industrial establishments, lying within five hundred (500) feet of the church as measured along lines of public access, and that are not normally used between the hours of 6:00 A.M. and 6:00 P.M. on Sundays, and that are made available for other parking, may be used to meet not more than seventy-five (75) percent of the off-street parking requirements of a church. For other types of places of public assembly. Parking spaces already provided to meet off-street parking requirements for stores, office buildings and industrial establishments, lying within five hundred (500) feet of the place of public assembly as measured along lines of public access, and that are not normally in use between the hours of 6:00 P.M. and midnight and are made available for other parking, may be used to meet not more than fifty (50) percent of the total requirements of parking spaces. Mixed occupancies and uses not specified. In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as above specified for joint use. Parking areas: development and maintenance  (l) Every parcel of land hereafter used as a public or private parking area shall be developed and maintained by the owner in accordance with the following requirements: (1) Screening and landscaping. Off-street parking for more than five (5) vehicles or any use in the TABLE OF PERMITTED USES, subject to conditions, shall be effectively screened on each side which adjoins or faces premises situated in any residential district, or premises used for residential purposes in any district, by a fence of acceptable design, wall or compact hedge. Such fence, wall or hedge shall be not less than four (4) feet and no solid portion shall be more than six (6) feet in height and shall be maintained in good condition and shall provide year-round screening. The space, if any, between such fence, wall or hedge and the side lot line of adjoining premises shall be landscaped with grass, hardy shrubs or suitable ground cover and maintained in good condition. (2) Minimum distances and setbacks. No part of any parking area for more than five (5) vehicles or for any use in the TABLE OF PERMITTED USES, subject to conditions, shall be closer than ten (10) feet to any dwelling, school, hospital or other institution for human care. If not on the same lot with a principal structure, the parking area shall not be located within the front yard or side street yard required for such structure. If not on the same lot with a principal structure, the parking area shall not be closer to any street line than the least depth of the yard which would be required for a principal structure of one (1) story height. The fence, wall or hedge required by the preceding paragraph shall be set back from each street the same as if it were a building wall so as to observe the front yard and side street yard requirements of this subchapter. (3) Bumper guards. These shall be provided a bumper guard of either wood, metal or concrete not more than two (2) feet in height and securely anchored into the ground on all sides of the parking area where there is required a protective fence or wall. Such bumper guard shall be located at such distance so that automobiles will not strike the protective fence or wall. As an alternative, a concrete beam serving the same purpose may be provided. (4) Surfacing of parking areas. Any off-street parking area for more than five (5) vehicles or for any use in the TABLE OF PERMITTED USES, subject to conditions, shall be surfaced with an asphaltic, bituminous, cement or other properly bound pavement so as to provide a durable and dustless surface, and shall be so graded and drained as to dispose of all surface water accumulation within the area. The foregoing requirements with respect to the type of surfacing shall not apply to a parking area located in any industrial district, and at a distance of not less than one hundred (100) feet from any lot in any residential district, except that a dustless surface shall be provided in any case. (5) Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises located in any residential district or any premises used for residential purposes in any district. Off-street parking requirements for residents: when required  (m) Off-street parking space shall be provided for residents of any use in accordance with the provisions of this subsection and in the amount set forth in subsection (n). For the purpose of this subsection, residents shall include any persons occupying a residential use as defined by this subchapter but need not include: A. Persons under legal driving age; B. Persons undergoing special care, treatment or supervision which precludes operation of motor vehicles for legal or physical reasons; C. Persons in religious or other institutions when or if by the official policy or rules such persons do not operate motor vehicles as an incident of their residency. Any questions as to the application of the off-street parking requirements for residents shall be determined by the Zoning Administrator in accordance with the provisions of this subsection. Amount of off-street parking required for residents  (n) Subject to the provisions of subsection (m), one (1) off-street parking space shall be provided for each dwelling unit, transient guest room or other separate residential accommodation for individuals on any premises in any district. Off-street parking requirements for employees: when required  (o) Off-street parking space shall be provided for employees of any use in accordance with the provisions of this subsection and in the amount set forth in subsection (p). For the purpose of this subsection, employees shall also include employers, proprietors or any persons other than residents, customers, patrons or visitors whose normal daily occupation, profession, vocation or business is conducted upon any premises. The number of employees on any premises shall be calculated upon the estimated maximum daily employment or maximum employment in any work shift in a twenty-four (24) hour period. Off-street parking requirements for employees shall apply to but not be limited to all of the following types of activities: A. Any manufacturing or other industrial activity permitted by this subchapter; B. Any warehousing, storage or other wholesale activity permitted by this subchapter; C. Any activity which primarily provides a construction, repair, installation or similar business service not involving the sale of products other than as related to or incidental to the primary service offered where such activity is permitted by this subchapter; D. Any general office activity of a business, profession or institution not involving the direct sale of products upon the premises other than as incidental to the primary office activity; E. Any use which employs persons upon a daily basis where such is permitted in any of the residential districts. Any questions as to the application of the off-street parking requirements shall be determined by the Zoning Administrator in accordance with the provisions of this subsection. Amount of off-street parking required for employees  (p) One (1) off-street parking space shall be provided for every five (5) employees. Off-street parking requirements for customers, patrons, visitors or persons other than residents and employees: when required  (q) Off-street parking space shall be provided for customers, patrons or visitors of any use in accordance with the provisions of this subsection and in the amount set forth in subsection (r). For the purpose of this subsection, customers, patrons or visitors shall include all persons other than residents or employees for whom specific accommodations are provided upon any premises by floor area, lot area, seats, beds or other applicable arrangements. Off-street parking requirements for customers, patrons or visitors shall apply to but not be limited to all of the following types of activities: A. Any premises which provide a central or general assembly area or areas intended primarily for adult persons, including but not limited to the following places: 1. Eating and drinking places; 2. Entertainment, amusement or recreation places; 3. Chapels, sanctuaries or funeral parlors; 4. Auditoriums, theaters or meeting halls; 5. Arenas, amphitheaters, stadia or similar places for spectators of sporting or other events; 6. Exhibition halls, museums, galleries, libraries, or other gathering places for civic, social, religious, entertainment, business, educational, or other purposes. B. Any student assembly areas in educational institutions accommodating persons of legal driving age. C. Any personal services performed upon individuals in an office or place of business by professional or trained persons, including but not limited to: 1. Doctors or dentists offices; 2. Medical clinics; 3. Barbers, beauticians or other personal grooming or similar personal services performed by trained persons. D. Any business or activity engaged in the sale of goods or merchandise upon any premises, including indoor, outdoor or drive in facilities. E. Any place or institution providing for permanent or temporary treatment, care or supervision of patients, minor persons, elderly persons or confined persons wherever arrangements for visitors are provided, including but not limited to: hospitals, sanitariums, convalescent, retirement or similar homes. Any questions as to the application of the off-street parking requirements shall be determined by the Zoning Administrator in accordance with the requirements of this subsection. Amount of off-street parking required for customers, patrons or visitors  (r) Places of public assembly. One (1) parking space for each ten (10) seats. Doctors, dentists, medical offices, barber or beauty shops. One (1) parking space for each professional or operator. Business engaged in the sale of goods or merchandise. One (1) parking space for each five hundred (500) square feet of floor area. Hospitals. One (1) parking space for each bed, but not including bassinets. Retirement homes. One (1) parking space for each six (6) beds. Off-street loading requirements  (s) On the same premises with every building, structure or part thereof, erected and occupied for manufacturing, storage, warehouse, goods display, department store, wholesale stores, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly involving the receipt and distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, turning, loading and unloading services in order to avoid interference with the public use of the streets and alleys. Such loading and unloading space, unless otherwise adequately provided for, shall be an area ten (10) by fifty (50) feet with fifteen (15) foot height clearance, and shall be provided for each twenty thousand (20,000) square feet of gross floor area, except that: A. No spaces are required for structures with less than fourteen hundred (1,400) square feet of gross floor area; B. One space is required for structures with more than fourteen hundred (1,400) but less than twenty thousand (20,000) square feet of gross floor area.