Wherever a new building or structure is constructed or the use of an existing building or structure hereafter changed to a new use, parking and loading facilities shall be provided as required as provided within this Article. However, if the said building or structure was erected prior to the effective date of this Ordinance, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the current parking and loading provisions of the Ordinance.

(Ord. No. 316, 5-19-2008)

Accessory off-street parking or loading facilities which are located on the same lot as the building or use served and which were in existence on the effective date of this Ordinance or were provided voluntarily after such effective date shall not hereafter be reduced below or, if already less than, shall not further be reduced below the requirements of this Ordinance for a similar new building or use.

(Ord. No. 316, 5-19-2008)

Off-street parking facilities must be provided and permanently maintained by the owners and/or occupants, except in the C-2 Central Business District, in accordance with the following provisions:

1.

Use of Parking Facilities. Off-street parking facilities accessory to residential uses shall be used solely for the parking of noncommercial passenger vehicles owned by occupants of the dwelling structures to which such facilities are accessory or by guests of said occupants. Under no circumstances shall the required parking facilities, accessory to residential structures, be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners tenants, visitors, or customers of business or industrial establishments, except as provided in the following section.

2.

Parking in tree lawns and yards in residential districts.

A.

The parking of any vehicle in any front yard, that being the area beginning at the front building line of the principal permitted residential structure and the front property line abutting the street right-of-way line is prohibited except for designated driveways and approved parking areas. If there is no hard surface drive and parking surface or other evidence of a clearly used drive and parking area on a zoning lot, the zoning administrator shall be empowered to determine and designate the driveway and parking area.

B.

Parking on any tree lawn may only take place provided said parking area is improved with pavement having an asphalt or Portland cement binder, or, shall be crushed stone and shall be graded and surfaced for it to permit drainage and disposal of surface water and/or snow accumulating within the confines of the parcel. Tree lawn shall mean the unimproved portion of the street between the edge of the paved roadway and the edge of the sidewalk.

C.

The parking of any vehicle on any portion of the side yard which is behind the front building line of the principal permitted residential structure is prohibited.

D.

The parking of any vehicle in the rear yard is prohibited, except on designated driveways and approved parking areas.

3.

Parking of Commercial Vehicles in Residential Districts. A licensed commercial vehicle owned by, or assigned to, a licensed vehicle operator who is a permanent resident shall be permitted. For the terms of this section, a permitted vehicle shall be limited to passenger cars, vans, pickup trucks and other similar vehicles. Trucks having a gross cargo capacity of over four tons and tractors or tractor-trailer combinations shall not be considered vehicles under this section and are specifically excluded from parking in residential zoning districts. No more commercial vehicles than licensed vehicle drivers residing on the premises shall be allowed to park on a zoning lot in residential districts.

4.

Joint Parking Facilities. Off-street parking facilities for different buildings, structures or uses, or for mixed uses, may be provided collectively in any zoning district in which separate parking facilities for each constituted use would be permitted, provided that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use.

5.

Calculation of Required Parking Spaces. When determination of the number of off-street parking spaces required by this Ordinance result in a requirement of a factional space, any fraction of one-half or less may be disregarded, while a fraction in excess of one-half shall be counted as one parking space.

6.

Minimum Size of Parking Space. A required off-street parking space shall be at least nine (9) feet in width and at least twenty (20) feet in length, exclusive of access drives or aisles. All parking spaces shall have a vertical clearance of at least seven (7) feet. Aisle widths shall be not less than the following: perpendicular parking, twenty (20) feet; angle parking two-way traffic, sixteen (16) feet; angle parking one-way traffic, twelve (12) feet.

7.

Minimum Number of Parking Spaces for a Parking Area. Except in the case of parking required for single family dwellings, no parking areas may contain less than three (3) parking spaces.

8.

Location of Off-Site Facilities. Off-site facilities must be located within four hundred (400) feet of the use to which they are accessory; measured from the nearest point to the nearest point, provided that they conform to all district regulations.

9.

Access to Public Street or Roadway. Each required off-street parking area or space shall open directly upon an aisle or driveway of such width and design as to provide such parking space. All off-street parking facilities shall be designed with appropriate means of ingress and egress which least interferes with traffic movements. No driveway across public property nor curb cut shall exceed a width of forty (40) feet.

10.

Driveways.

A.

Driveways in residential districts. Driveways may be located no closer then four feet to the side yard line unless the driveway abuts the driveway located on the adjoining property.

B.

Driveways in industrial and commercial districts. Off-street parking uses in industrial or commercial districts may be located in a required front, rear or side yard, except the ten feet adjacent to the rear or side lot line adjacent to a residential district.

11.

Parking in Street Parkways. No person, firm or corporation shall park, deposit, leave or store any motor vehicle, vehicle or tangible personal property of any type or description at any time between the sidewalk line and curb line at any place within the Village, unless elsewhere provided in this Ordinance or within designated parking areas established by the Village Council.

12.

Design and Maintenance Standards. All parking spaces and areas herein after constructed in conformance with the Ordinance shall comply with the following standards:

A.

Screening and Landscaping. All open vehicle parking areas containing more than three (3) parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residence district by a wall, fence or densely planted compact hedge no less than four (4) feet nor more than six (6) feet in height. Such required screening shall conform with the front yard requirements of the district in which the parking is located.

B.

Pavement and Surfacing. All open off-street parking areas shall be of concrete or asphalt paving material according to standards established by the Village Engineer.

C.

Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties in such a way as not to create a nuisance (see Section 15.02).

D.

Signs. Accessory signs as permitted in zone districts.

13.

Use of Parking Spaces for Vehicle Repair and Service. No motor vehicle repair work of any kind shall be permitted in conjunction with accessory open off-street parking facilities provided in a residential district.

14.

Overlapping lines. No person shall park a vehicle in such a manner as to straddle or overlap the limit lines of the parking spaces marked upon the street.

15.

Truck/tractor trailer. No person shall park or leave any truck tractor, trailer, semi-trailer detached from its tractor on any street, alley or public place or in any public parking lot within the village except in cases of emergency, in which case the owner/operator shall notify the Berrien Springs/Oronoko Police Department.

16.

Interference. No person shall interfere with or hinder the enforcement of the parking, standing or stopping regulations of the village by removing, erasing, altering, concealing or in any manner modifying tags, stickers, chalk or other marks or symbols placed on a vehicle by a parking control officer or police officer or by any other act designed or intended to prevent such enforcement.

17.

Designated parking spaces. The public works superintendent with approval of the village council, shall have the authority to lay out and designate use of parking spaces on publicly-owned or operated parking lots, and all persons parking any vehicles therein shall park the same within such designated limit lines and spaces, no person shall park any vehicle in any driveway or other portion of such lot where parking is forbidden by signs duly posted or by any traffic control order of the Berrien Springs/Oronoko Police Department.

18.

Parking time limits—Public lots. The public works superintendent with consent of the village council, shall have authority to limit the period within which vehicles may be parked in any publicly-owned or operating parking lots and no person shall park or leave any vehicles therein for a period longer than that established by the public works superintendent and posted in such parking lot by signs giving notice of such limited parking regulations.

19.

Liability. All parking in any publicly-owned lot shall be at the owner's risk and the village shall not be responsible for the theft of or damage to any vehicle or the loss of any articles left in any vehicle while parked in any publicly-owned or operated parking lot.

20.

Overnight parking. No person shall park or leave any motor vehicle overnight in any public parking lot.

21.

Use for repair or sale of vehicles or for trailer business prohibited. No person shall use any public parking lot to sell or repair vehicles or to carry on any trade or business therein.

22.

Handicapped parking space. No person shall park in any parking space designated by a control device directed by the village as being reserved for handicappers, unless the person is a handicapper as described in MCL 257.19(a) or unless the person is parking the vehicle for the benefit of such a handicapper. A certificate of identification issued under MCL 257.675(5) to a handicapper shall be displayed in the lower left corner of the front windshield or a special registration plate issued under section MCL 257.803(d) to a handicapper shall be displayed on any vehicle parked in such parking space.

23.

Hazardous materials. No vehicle used in the transportation of inflammable or explosive materials or substances shall be parked within the limits of any village street or public place; provided, however, that this restriction shall not apply to the incidental stopping or parking of such vehicle in the carrying-out of loading or unloading operations or in the performance of errands incidental to the business use of such vehicles if such vehicle is lighted with at least two white headlights and two red rear lights so constructed and placed as to be observed under the ordinary atmospheric conditions at a distance of not less than 500 feet.

24.

No vehicle maintenance. No automobile, truck or other vehicle shall be parked within the limits of any street or other public place for the purpose of repairing, remodeling or otherwise working upon said vehicle.

25.

No parking near fire hydrants. No automobile, truck or other vehicle other than fire trucks, ambulances or vehicles of law enforcement agencies during the performance of their respective duties, shall be parked or permitted to stand within 15 feet of any fire hydrant, nor nearer than 25 feet from the nearest street line of any intersecting street, nor in front of any crosswalks or in any passenger bus loading zones.

26.

No parking—Fire scene. No automobiles, trucks or other vehicles shall be parked or permitted to stand within the boundaries of any street and within 500 feet of any building on fire, or at a greater distance as directed by the Berrien Springs/Oronoko Police Department or the Berrien Springs/Oronoko Fire Department official.

27.

Parking limits/prohibition. No automobiles, trucks or other vehicles shall be parked further than two feet from the curb line if there is one, and if there is no curb, they shall not be parked within the main traveled portion of the street or highway.

28.

Parking brake set/attendance. No automobile, truck or other vehicle shall be parked or permitted to stand unless the brakes thereon are in good working order and properly set, nor shall such vehicle be parked or permitted to stand with its motor running, unless a competent operator is in charge and at the controls thereof.

29.

No parking. When signs have been erected by a competent authority designating a no parking zone, the parking by any automobile, truck or other vehicle contrary thereto shall be a violation of this article.

(Ord. No. 316, 5-19-2008; Ord. No. 324, §§ 8—10, 5-2-2011; Ord. No. 332, § 1, 5-21-2012)

Whenever a building, the use of which requires the provision of off-street parking, the owner of such building shall provide off-street parking in the minimum number as required by the following standards:

A.

Parking Spaces Required in the R-1A, R-1B and R-1C Residential Districts.

1.

Single-Family Dwellings. Two (2) parking spaces shall be provided per dwelling.

2.

Bed and Breakfast Operations. Parking shall be provided according to the following formula; 2 spaces, plus 1 space for each guest room, plus 1 space for each employee on duty at any one time.

3.

Other Permitted Uses. Parking shall be provided in the amount and in accordance with the specifications found in subparagraphs B, C and D for the uses which are permitted within applicable residential District.

B.

Parking Spaces Required in the R-2, R-3, R-4 and R-4 Residential Districts.

1.

Single-Family Dwellings. Two (2) parking spaces shall be provided for each dwelling unit.

2.

Bed and Breakfast Operations. Parking shall be provided according to the following formula; 2 spaces, plus 1 space for each guest room, plus 1 space for each employee on duty at any one time.

3.

Multiple-Family Dwellings and Group Homes. One and one-half (1½) spaces per dwelling unit shall be provided for each efficiency and one (1) bedroom unit. Two (2) spaces per dwelling unit shall be provided for each dwelling unit containing two (2) or more bedrooms.

4.

Churches and Schools. One (1) parking space shall be provided for each three (3) auditorium seats. Adequate space shall also be provided for buses used in connection with the activities of the institution, and all loading and unloading of passengers shall take place upon the premises.

5.

Libraries and Other Public Buildings. One (1) parking space shall be provided for each five hundred (500) square feet of gross floor area.

6.

Recreation and Other Religious and Similar Facilities. Parking space shall be provided for each four hundred (400) square feet of floor space.

C.

Parking Spaces Required in the C-1 Commercial District.

1.

Churches and Schools. One (1) parking space shall be provided for each three (3) auditorium seats. Adequate space shall also be provided for buses used in connection with the activities of the institution, and all loading and unloading of passengers shall take place upon the premises.

2.

Libraries and Other Public Buildings. One (1) parking space shall be provided for each five hundred (500) square feet of gross floor area.

3.

Parks and Other Places of Assembly. Parks, recreation and assembly facilities including stadiums, arenas, auditoriums (other than church, college or institutional schools), convention halls exhibition halls and other similar places of assembly shall provide parking spaces equal in number to fifty (50%) percent of the capacity in persons shall be provided.

4.

Religious Facilities. One (1) parking space shall be provided for each employee, plus one (1) space for each four hundred (400) square feet of floor space.

5.

Hospitals and Similar Uses. One (1) parking space shall be provided for each two (2) -hospital beds, plus one (1) parking space for each two (2) employees, other than the staff doctors, plus one (1) parking space for each doctor assigned to the staff.

6.

Clinics, Medical Centers, and Similar Uses. One (1) parking space shall be provided for each employee and doctor, plus one (1) space for each four hundred (400) square feet of floor space.

7.

Retail Store Uses. Retail stores including fabrication of merchandise for sale on premises shall provide one (1) parking space for each four hundred (400) square feet of floor area as defined in this Ordinance (See definition of floor area, off-street parking and loading).

8.

Wholesale Uses. Wholesale establishment including open air and farmers markets (but not including warehouses and storage buildings other than accessory buildings) shall provide one (1) parking space shall provide for each six hundred (600) square feet of floor area.

9.

Personal Service Uses. Personal service establishments such as barber shops, beauty parlors, shoe repair shops, laundry and dry-cleaning shops. And similar uses shall provide one (1) parking space shall for each four hundred (400) square feet of floor area.

10.

Food Service Uses. Restaurants, delicatessens, and other dispensaries of food at retail shall provide one (1) parking space for each four hundred (400) square feet of floor area.

11.

Office Space Uses. Professional and business offices shall provide one (1) parking space for each four hundred (400) square feet of floor area.

12.

Financial Institution Uses. Banks, savings and loan associations shall provide one (1) parking space for each four hundred (400) square feet of floor area. Drive-in banks or other similar drive-in establishments shall provide three stacking spaces per teller or customer service window.

13.

Miscellaneous Uses. Theaters, amusements and recreational buildings, showrooms and workshops of plumbers, electricians, painters, decorators and similar trade, photograph supply shops, workrooms and studios, laboratories, and public utility buildings and structures.

a.

Theaters (indoor). One (1) parking space shall be provided for each three (3) seats.

b.

Showrooms, Workshops and Studios. One (1) parking space shall be provided for each four hundred (400) square feet of floor area.

c.

Public Utility Buildings and Structures. One (1) parking space shall be provided for each employee, plus one (1) space for each vehicle used in the conduct of the enterprise.

14.

Building, Home Supply and Similar Uses. Building supply stores, ice storage and sales, plumbing and heating supplies, farmers' exchange or co-op shall supply one (1) parking space shall be provided for each six (600) hundred square feet of floor area.

15.

Automotive Service and Similar Uses. Garages and filing stations, provided that all gasoline storage tanks must be underground, tire sale and repair shops, automobile sales and service, automotive parts and supply stores, and bicycle sales and repair establishments. One (1) parking space shall be provided for each six-hundred (600) square feet of floor area, plus one (1) parking space shall be provided for each employee.

16.

Drinking Establishments and Similar Uses. Taverns, cocktail lounges and night clubs. One (1) parking space shall be provided for each four hundred (400) square feet of floor area.

17.

Printing and Similar Job Shops. Printing and other similar job shops shall provide one (1) parking space for each employee, based upon greatest number of employees on any one shift, plus one (1) parking space shall be provided for each four hundred (400) square feet of floor area.

18.

Funeral Homes. Twenty (20) parking spaces shall be provided for each chapel or parlor, plus one (1) parking space for each funeral vehicle kept on the premises; in addition there shall be provided stacking space for not less than ten (10) automobiles for funeral procession assembly.

19.

Clubs and Similar Uses. Private clubs operated not for profit and for the benefit of members only shall provide one (1) parking space for each four hundred (400) square feet of floor area.

20.

Miscellaneous and Uses Not Herein Defined. Any commercial use or establishment parking not herein specifically permitted shall first be approved as a special use by the Village Council pursuant to Article XIX. The following shall serve as general guidelines for Village Council consideration:

a.

Tourist courts, tourist homes, motels, and hotels. One (1) parking space shall be provided for the manager and each employee, plus parking as required herein for other ancillary uses such as restaurants and meeting rooms.

b.

Hotels, transient. One (1) parking space shall be provided for each dwelling unit and one (1) parking space for each two (2) lodging rooms shall be provided.

c.

Automobile laundry. Ten (10) spaces shall be provided to queue automobiles waiting for access into each wash rack, plus one (1) parking space for each employee working on the site.

d.

Furniture and appliance stores, household equipment or furniture repair shops. One off-street (1) parking space shall be provided for each six hundred (600) square feet of floor area.

e.

Motor vehicle sales and machinery sales. One (1) parking space shall be provided for each four hundred (400) square feet of floor area.

f.

Establishments engaged in production, processing, cleaning, servicing, testing or repair of materials, goods or products. One (1) parking space shall be provided for each employee, based upon greatest number of employees on any one shift, plus one (1) parking space shall be provided for each vehicle used in the conduct of the enterprise.

g.

Colleges, universities and business, professional and trade schools. One (1) parking space shall be provided for each three employees and one (1) parking space for each four (4) students based on the maximum number of students attending classes on the premises at any one time during any twenty-four-hour (24) period.

h.

Sanitariums, convalescent homes or institutions for aged or for children, including rest homes, nursing homes and other group homes. One (1) parking space shall be provided for each four beds, plus one (1) parking space shall be provided for each two (2) employees (other than staff doctors) plus one (1) parking space for each doctor assigned to the staff.

D.

Parking Spaces Required in the I-1 Industrial District.

1.

Wholesale Sales and Storage.

a.

Wholesale Establishments (but not including warehouses and storage buildings other than accessory). One (1) parking space shall be provided for each six hundred (600) square feet of floor area.

b.

Warehouses and Storage Buildings. One (1) parking space shall be provided for each employee, based upon greatest number of employees on any one shift, plus one shift, plus one (1) parking space for each vehicle used in the conduct of the enterprise.

c.

Industrial or Manufacturing Use. One (1) parking space shall be provided for each employee, based upon greatest number of employees on any one shift, plus one (1) parking space shall be provided for each vehicle used in the conduct of the enterprise.

E.

Parking Spaces Required for Planned Unit or Other Mixed Use Developments. When two (2) or more uses are located on the same zoning lot within the same buildings, parking spaces equal in number to the sum of the separate requirements for each use shall be provided. No parking space or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the Village Council.

F.

Parking Spaces Required for Other Uses Herein Not Defined. For uses not listed heretofore in this schedule of parking requirements, parking spaces shall be provided on the same basis as required for the most similar listed use, or as determined by the Zoning Administrator and approved by the Village Council.

(Ord. No. 316, 5-19-2008)

Off-street loading facilities must be provided and permanently maintained by the owners and/or occupants, in C-1 Commercial and I-1 Industrial districts the accordance with the following provisions:

1.

Location of Loading Space. All required loading berths shall be located on the same zoning lot as the use served. No loading berth for vehicles over two tons capacity shall be closer than fifty (50) feet to any property in a residential district unless completely enclosed by building walls, or a uniformly painted solid fence or wall, or any combination thereof, no less than six (6) feet in height. No permitted or required loading berth shall be located within twenty-five (25) feet of the nearest point of intersection of any two streets.

2.

Size of Loading Space. Unless otherwise specified, a required loading berth shall be at least ten (10) feet in width and at least twenty-five (25) feet in length, exclusive of aisles and maneuvering space, and shall have a vertical clearance of the least fourteen (14) feet. The length of the berth shall be increased to a minimum of fifty-five (55) feet, if intended to serve semi-tractors and trailers.

3.

Access to Public Street or Road. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements.

4.

Pavement and Surfacing. All open off-street loading berths shall be concrete or asphalt according to standards established by the Village Engineer.

5.

Use of Loading Space for Vehicle Repair and Servicing. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence or business district.

6.

Loading Space Cannot Serve as Off-Street Parking. Space allocated to any off-street loading area shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

7.

Loading Space Requirement for Special Uses Not Herein Defined. For special uses other than prescribed hereinafter, loading berths adequate in number and size to serve such uses, as determined by the Zoning Administrator and approved by the Village Council shall be provided.

8.

Requirements in the C-1 Commercial District and Nonconforming Conditions. Uses for which off-street loading facilities are required herein but which are located in buildings of less floor area than the minimum prescribed for such required facilities, the building shall be provided with adequate receiving facilities off an adjacent alley, service drive or open space on the same lot which is accessible by motor vehicle.

9.

Schedule of Required Loading Spaces. For the uses listed herein, loading berths shall be provided on the basis of gross floor area of buildings or portions thereof devoted to such uses in the minimum amounts shown herein:

A.

Retail Stores. One (1) berth for each ten thousand (10,000) square feet of store area and fraction thereof of additional floor space.

B.

Hospitals, Group Homes, Hotels, Clubs, and Similar Uses. One (1) parking berth for the first twenty thousand (20,000) square feet of floor area, one additional berth for the next one hundred thirty thousand (130,000) square feet of floor area and an additional berth for each one hundred fifty thousand (150,000) square feet of floor area or fraction thereof additional floor space.

C.

Eating and Drinking Establishments. One (1) parking berth for the first twenty-five thousand (25,000 ) square feet of floor area and an additional berth for each twenty-fifty thousand (25,000) square feet of floor area or fraction thereof of additional floor space.

D.

Wholesale, Industrial and Manufacturing Establishments. One (1) parking berth for the first twenty thousand (20,000 ) square feet of floor area, one additional berth for the next one hundred thirty thousand (130,000) square feet of floor area and an additional berth for each one hundred fifty thousand (150,000) square feet of floor area or fraction thereof of additional floor space.

E.

Loading Spaces Required for Other Uses Herein Not Defined. For uses not listed heretofore in this schedule of loading requirements, loading berths spaces shall be provided on the same basis as required for the most similar listed use, or as determined by the Zoning Administrator and approved by the Village Council.

(Ord. No. 316, 5-19-2008)