A.

[Purpose.] The purpose of this section is to regulate the parking, loading, and access of automotive vehicles in all zones. The number of automobiles presently used in the City of Boyne City, by both residents and tourists, and the probability of increase in the number thereof make it necessary for the safety, health and convenience of the people of Boyne City that the public streets be usable, and to their maximum capacity, for the movement of vehicles; and that the parking of vehicles thereon for long periods of time subordinates the good of the public as a whole to the convenience of the few.

B.

[Applicability.] The following regulations and definitions shall apply in all zoning districts:

1.

Plan required. A plan of the proposed parking and loading areas shall be submitted with any development plan.

2.

Area requirements. A minimum of 300 square feet of lot area shall be provided for a parking space for each vehicle, including access aisle, except that the standard shall be 325 square feet where parking is perpendicular (90 degrees) to the access aisle, and except that 200 square feet of lot area which has direct means of ingress and egress from an alley or street may also be deemed a parking space.

3.

Variance and deferment. The planning commission may, without proof of unnecessary hardship, waive the requirements of this article if the planning commission finds from the evidence presented that the intended use of a proposed building does not require parking or loading facilities to the degree specified herein. However, the planning commission shall require that adequate open areas be retained around such a building to permit development of the required parking or loading areas should the use of the building change at a later date. The site plan shall note the area where parking is being deferred, including dimensions and a dotted parking lot layout.

With the exception of areas designated on the official zoning map as being parking exempt, there shall be provided in all districts at the time of erection or enlargement of any main building or structure, automobile off-street parking space with adequate access to all spaces. The number of off-street parking spaces, in conjunction with all land or building uses, shall be provided, prior to occupancy, as hereinafter prescribed. Uses located in areas designated as parking exempt may be asked to pay into the parking improvement fund the fee required by the city schedule of fees as adopted by the city commission in lieu of providing off-street parking.

A.

Location of spaces. Off-street parking for other than single-family or two-family residential uses shall be either on the same lot or within 300 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot. Ownership shall be shown of all lots or parcels intended for use as parking by the applicant during development plan review. Permission to use such spaces shall also be secured.

B.

Location of spaces for residential uses. Required residential off-street parking spaces shall consist of parking strip, parking bay, driveway, garage, or combination thereof and shall be located on the premises they are intended to serve.

C.

Irrevocable use of spaces. All required off-street parking spaces shall be stated in an application for development plan review and shall be reserved irrevocably for such use, unless otherwise provided in this ordinance. Minimum required off-street parking spaces shall not be displaced by any other use unless and/or until equal parking facilities are provided elsewhere, or the parking requirements of the site change.

D.

Reduction of space area. Off-street parking existing at the effective date of this ordinance, 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 new use.

E.

Collective use of spaces. 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.

F.

Variance for collective uses. In the instance of dual function of off-street parking spaces where operating hours of buildings do not overlap and there is an opportunity for a patron to visit more than one use, the planning commission may grant a reduction to the required number of spaces of up to 20 percent provided a signed agreement is provided by the property owners.

G.

Prohibited activities. The storage of merchandise, refuse storage and receptacles, or other materials, and the storage or repair of vehicles or other machinery is prohibited in areas serving as parking spaces.

H.

Similar use. For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accord with a use which the planning commission considers is similar in type.

I.

Fractional units. When units or measurements 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 parking space.

J.

Municipal and community parking areas. The provisions of this section may be met by participation in a municipal or community parking program designed to serve a larger area, provided plans for such community parking have been approved by the planning commission.

K.

Screening. Off-street parking areas and related service drives shall be effectively screened on any side which adjoins or faces premises situated in any residential zone district or institutional premises by an opaque screening of evergreen hedge, natural landscaping opaque in nature, or a solid, uniformly constructed fence, not less than four or more than six feet in height, maintained in good condition, neat and orderly in appearance. Recommended plant materials can be found in article XXIII of this ordinance.

L.

Setbacks. No part of any off-street parking area shall be closer than ten feet to any school, hospital, or other institutional property line.

M.

Loading spaces. Loading spaces shall not be construed as applying off-street parking space.

N.

Seating allocation. In sports arenas, churches, temples or other places of worship, or other places of assembly in which patrons or spectators occupy benches, pews or similar seating facilities, each 24 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities under this ordinance.

O.

Use of spaces by churches, temples, and similar places of worship. 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 500 feet of a church, temple, or similar place of worship, measured along lines of public access, which theaters, stadiums, etc. are not normally used between 6:00 a.m. and 6:00 p.m. on respective days of worship and are made available for other parking, may be used to meet not more than 75 percent of the off-street parking requirements of a church, temple, or similar place of worship. There shall be a written agreement between all parties concerned where this arrangement is permitted.

P.

General conditions. Except when land is used as storage space in connection with the business of an automotive service center/station or automotive repair center, the time limits for parking in off-street parking areas shall prevail as specified under this ordinance. It is the purpose and intention of this subsection that the requirement of maintaining vehicle storage or parking space is to provide for the public safety in keeping parked cars off the streets, but such requirement is not designed or intended to provide, and no person shall permit, the storage or parking on open land of unregistered or unlicensed cars, wrecked or junked cars, or the creation of a junkyard or a nuisance in such area.

Q.

Restriction of parking on private property. No person shall park any motor vehicle on any private property, or use such private property as parking space, without the express or implied consent, authorization or ratification of the owner, holder, occupant, lessee, agent or trustee of such property. A complaint for a violation of this subsection shall be made by the owner, holder, occupant, lessee, agent or trustee of such property.

R.

Exceeding number of spaces required. In order to minimize excessive areas of pavement which depreciate aesthetic standards and contribute to high rates of stormwater runoff, exceeding the minimum parking space requirements by greater than 20 percent shall not be allowed, except as approved by the planning commission. In granting such additional space, the planning commission shall determine that such parking will be required, based on documented evidence, to accommodate the use on a typical day.

S.

Units of measurement.

1.

Where floor area is the unit for determining the required number of off-street parking and loading spaces, such unit shall mean the gross floor area (GFA), unless otherwise noted.

2.

Where the floor area measurement is specified as gross leaseable floor area (GLA), parking requirements shall apply to all internal building areas excluding the floor area used for incidental service, storage, mechanical equipment rooms, heating/cooling systems, lavatories, and similar uses, and other areas not intended for use by the general public. Where these areas are not yet defined, leaseable floor area shall be considered to be 85 percent of the gross floor area.

3.

Where the number of spaces required is based on the number of employees, calculations shall be based upon the maximum number of employees likely to be on the premises during the peak shift.

T.

Use of parking areas.

1.

No repairs or service to vehicles and no display of vehicles for purposes of sale shall be carried on or permitted upon such premises.

2.

No advertising signs shall be erected on the premises.

3.

No person shall leave, park or store, or permit to be left, parked or stored, any motor vehicle longer than 48 hours. It is the purpose and intent of this paragraph that the requirement is to provide for keeping parked motor vehicles off the streets, but such requirement is not designed to permit the storage of unregistered or unlicensed, wrecked or junked cars or vehicles.

4.

Such parking facility may not be used for the storage or parking of unregistered or unlicensed, junked or wrecked vehicles of any type, as a storage area for industrial equipment or material, or as a dump for refuse of any description.

(Ord. of 9-11-2007, § 2(24.20))

_____

The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule:

Within each parking lot, signed and marked barrier-free spaces measuring 12 feet in width shall be provided at a convenient location, in accordance with the following table. Barrier-free parking space requirements shall be in accordance with the Michigan Department of Labor, Construction Code Commission, Barrier-Free Design Division.

A.

As used in this section, "off-street waiting space" or "stacking spaces" means an area ten feet wide by 24 feet long that does not include the use of any public space, street, alley, sidewalk or right-of-way. Such area shall be located entirely within a non-residential zoning district.

B.

On the same premises with every building or structure, or part thereof, erected and occupied for the purpose of serving customers in their automobiles by means of a service window or similar arrangement where the automobile engine is not turned off, there shall be provided, unless otherwise specified within this ordinance, off-street waiting spaces or stacking spaces in accordance with the following table:

_____

A.

Plans for the layout of off-street parking facilities shall be in accord with the following minimum requirements:

_____

B.

All spaces shall be provided adequate access by means of maneuvering lanes according to the terms of this section. Backing directly onto a street, backing into an access drive, or requiring the use of the street for maneuvering between parking rows shall be prohibited.

C.

Adequate ingress and egress to the parking lot by means of clearly limited and defined drive shall be provided for all vehicles. Entrance to such area shall be only from a public street, an adjoining principal use, or an adjoining alley.

D.

Ingress and egress to a parking lot lying in an area zoned for other than single family residential use shall not be across land zoned for single family residential use.

E.

All maneuvering lane widths shall permit one-way traffic movement, except that the 90-degree pattern may permit two-way movement.

F.

Each entrance and exit to and from any off-street parking lot located in an area zoned for other than single-family residential use shall be at least 25 feet distant from adjacent property located in any single-family residential district.

G.

The entire parking area, including parking spaces and maneuvering lanes, required under this ordinance shall be provided with a dust-free surfacing of concrete and/or plant-mixed bituminous material according to the requirements of this ordinance and the City's Code of Ordinances. Necessary curbs or other protection for the public and for the protection of adjoining properties, streets and sidewalks shall be provided and maintained. Where deemed necessary, the planning commission may require that parking areas be curbed with concrete curbs and gutters six inches in height. The parking area shall be surfaced within six months of the date of occupancy.

In all cases where such parking areas abut public sidewalks, a curb at least six inches high shall be placed thereon so that a motor vehicle cannot be driven or parked with any part thereof extending within two feet of a public sidewalk.

H.

Off-street parking areas shall be drained so as to dispose of all surface water accumulated in the parking area in such a way as to preclude drainage of water onto adjacent property or toward buildings.

I.

All lighting used to illuminate any off-street parking area shall be so designed, located, installed and shielded as to be confined within and directed onto the parking area only, and to prevent glare onto adjacent properties, and shall be arranged to prevent adverse affects on motorist visibility on adjacent rights-of-way. Reflectors shall be installed to reflect the light away from adjacent residential areas and shall be installed in such manner as to allow the reduction of the amount of light after normal parking hours each day.

The source of illumination shall not be more than 15 feet above the parking surface in any central business district (CBD), or community service district (CSD), and 20 feet above the parking surface in any professional office district (POD), waterfront marina district (WMD), general commercial district (GCD), regional commercial/industrial district (RC/ID), or planned industrial district (PID).

All illumination for such parking facilities shall not exceed one footcandle at any lot or property line, nor ten footcandles at any point on the site.

A.

For every building, or addition to an existing building, hereafter erected to be occupied by a use allowed in any commercial or industrial zone district or other similar use requiring the receipt or distribution of materials or merchandise, there shall be provided and maintained on the same premises with such building additional off-street loading spaces in relation to floor area as follows:

B.

Each such loading space shall be at least ten feet in width, 50 feet in length, and 14 feet in height. No such space shall be located closer than 50 feet to any lot in any residential district unless wholly within a completely enclosed building or enclosed on all sides by a wall, or a greenbelt, berm, or buffer strip.

C.

Lights used to illuminate loading areas shall be arranged so as to reflect away from adjacent properties.

D.

Loading spaces shall not be provided in the front yard, the front side of any building, or on any building side facing and directly visible to a public street, unless the planning commission determines such a location is necessary due to the building's location or placement, the existing street patterns, or other factors.

E.

Loading spaces shall be covered with a pavement of concrete or plant-mixed bituminous material and shall be graded and drained to a storm sewer so as to dispose of surface water in accordance and conformity with the requirements of the city.

F.

The planning commission may waive the requirement for off-street loading spaces for existing buildings within a central business district (CBD) under the following circumstances:

1.

The rear of the building is built to the rear lot line and directly abuts a public alley; [and]

2.

The layout and size of the existing building and parking area preclude the placement of a designated loading space within the site.

Off-street parking for permitted principal uses in residential districts shall conform to the following regulations:

A.

For any development in the residential districts, the parking surface on the property and access driveways shall be covered with pavement or hard surface material (plant-mixed bituminous material, concrete, and brick or masonry pavers). Where appropriate and with prior approval, engineered permeable systems that allow water flow through the driveway may be used. The portion of the driveway within the right-of-way shall meet the then-current city specifications;

B.

When lighting facilities are used, reflectors shall be installed to reflect the light away from adjacent residence areas, and the source of illumination shall not be more than 13 feet above the parking surface; [and]

C.

All open parking areas in a multiple-family residential district (MFRD) shall be screened from adjacent properties by means of a brick wall, screen fencing, evergreens and/or other barriers deemed suitable by the planning commission to minimize noise from motor vehicles and to prevent the direct glare of headlights from falling on adjacent properties.

(Ord. of 9-14-2004, § 2; Ord. of 11-20-2023(1), 11-20-2023)

A.

Statement of purpose. The purpose of this section is to provide access standards which will facilitate through-traffic operations, ensure public safety along roadways, and protect the public investment in the street system, while providing property owners with reasonable, though not always direct, access. The standards are specifically designed for streets whose primary function is the movement of through traffic, as opposed to local streets whose primary function is access to adjacent properties.

B.

Application of standards.

1.

The standards of this section shall be applied to the following major traffic routes (arterials) identified in the City of Boyne City Comprehensive Plan: Lake Street, Lakeshore; Division; Front; West Michigan; Boyne City/Charlevoix; Pleasant; Park; M-75, Boyne City/East Jordan, Boyne Avenue/State Street.

2.

The access standards contained herein shall be required in addition to, and where permissible shall supersede, the requirements of the Michigan Department of Transportation and/or Charlevoix County.

3.

The standards contained in this section shall apply to all uses, except permitted single-family and two-family dwelling units.

4.

For expansion and/or redevelopment of existing sites where the planning commission determines that compliance with all the standards of this section is unreasonable, the standards shall be applied to the maximum extent possible. In such situations, suitable alternatives which substantially achieve the purpose of this section may be accepted by the planning commission, provided that the applicant demonstrates all of the following apply:

a.

The size of the parcel is insufficient to meet the dimensional standards;

b.

The spacing of existing, adjacent driveways or environmental constraints prohibit adherence to the access standards at a reasonable cost;

c.

The use will generate less than 500 total vehicle trips per day or less than 75 total vehicle trips in the peak hour of travel on the adjacent street, based on rates developed by the institute of transportation engineers (ITE); [and]

d.

There is no other reasonable means of access.

C.

Number of driveways.

1.

Access to a parcel shall consist of either a single two-way driveway or a pair of one-way driveways wherein one driveway is designed and appropriately signed to accommodate ingress movements and the other egress movements.

2.

Where parcel frontage is insufficient to provide a driveway meeting the minimum driveway width and radii, a shared driveway or other means of access may be required.

3.

Where the parcel is situated on a corner lot, one access point on each street frontage may be permitted, provided there is a minimum of 100 feet of frontage per side. No more than one access point shall be permitted per side for parcels located on corner lots unless otherwise provided for within this ordinance.

4.

Where the property has continuous frontage of over 300 feet and the applicant can demonstrate, using the Institute of Transportation Engineer's Trip Generation Manual or another accepted reference, that a second access is warranted, the planning commission may allow an additional access point. Where possible, this access should be spaced accordingly to the standards contained herein, located on a side street, shared with an adjacent property, and/or be designed to restrict one or both left turn movements.

5.

Where the property has continuous frontage of over 600 feet, a maximum of three driveways may be allowed, with at least one such driveway being designed, constructed, and signed for right-turns-in and right-turns-out only.

D.

Shared access, joint driveways, parking lot connections and rear service drives.

1.

Shared use of access between two or more property owners should be encouraged through use of driveways constructed along property lines, connecting parking lots, and rear service drives, particularly for the following:

a)

Sites within one-quarter mile of major intersections;

b)

Sites having dual frontage;

c)

Sites where frontage dimensions are less than 300 feet;

d)

Locations with sight distance problems; and/or

e)

Along roadway segments experiencing congestion or accidents.

In such cases, shared access of some type may be the only access design allowed.

2.

In cases where a site is adjacent to a parking lot of a compatible use, or a rear service drive, a connection to the adjacent facility may be required by the planning commission.

3.

In cases where a site is adjacent to undeveloped property, the site must be designed and constructed to accommodate a future parking lot connection, rear service drive, or other means of shared access as determined by the planning commission.

4.

The applicant shall provide Boyne City with letters of agreement or access easements from all affected property owners.

E.

Adequate sight distance.

1.

Requirements for minimum intersection or corner sight distance for driveways shall be in accordance with the American Association of State Highway and Transportation Officials (AASHTO) guidelines defined in chapter 9 of "A Policy on Geometric Design of Highways and Streets, 1984," or its latest edition.

2.

The planning commission may adjust driveway location where there is a concern regarding adequate sight distance.

F.

Driveway spacing from intersections.

1.

Driveway spacing from intersections shall be measured from the centerline of the driveway to the extended edge of the intersecting street's right-of-way line.

2.

In order to preserve intersection operations and safety, the minimum distance between a driveway and an intersecting street right-of-way shall be based on the following:

a.

For locations in the vicinity of intersections experiencing congestion (peak hour operations below level of service "C" for one or more movements) and/or a significant number of traffic accidents (five or more annually), the planning commission may require that access be constructed along the property line furthest from the intersection; [and]

b.

For locations within 200 feet of any signalized or four-way stop intersection, driveways shall be spaced a minimum of 100 feet from the intersection. Where this spacing cannot be provided, driveways designed for "right-turn in/right-turn out only" movements may be allowed, with a minimum spacing of 50 feet from the intersecting street right-of-way.

G.

Driveway spacing from other driveways.

1.

Driveway spacing from other driveways shall be measured from the centerline of each driveway at the point where it crosses the street right-of-way line.

2.

Minimum driveway spacing from other driveways along the same side of the street shall be determined based on posted speed limits along the parcel for each particular frontage, as follows:

3.

Driveways shall be directly aligned with those across the street or, where offset, the minimum driveway spacing from driveways across the street shall be 100 feet, excluding when one or both driveways are designed and signed for right-turn-in/right-turn-out only.

H.

Driveway design, channelized driveways, deceleration lanes and tapers, bypass lanes.

1.

Driveways shall be designed to the standards of Charlevoix County, except where stricter standards are included herein or by the city's driveway construction standards.

2.

Driveway width and radii, for non-residential and multiple family developments.

a.

The typical driveway design shall include one ingress and one egress lane, with a combined minimum throat width of 25 feet and a maximum throat width of 35 feet, measured from face to face of curb.

b.

Wherever the planning commission determines that traffic volumes or conditions may cause significant delays for traffic exiting left, two exit lanes may be required.

c.

For one-way paired driveway systems, each driveway shall be 20 feet wide, measured perpendicularly.

d.

In areas with pedestrian traffic, the exit and enter lanes may be separated by a median with a maximum width of ten feet. Concrete sidewalks shall be continued and/or maintained across driveways.

e.

Driveways shall be designed with a 25-foot radii; 30-foot radii shall be required where daily truck traffic is expected.

3.

Directional driveways, divided driveways and deceleration tapers. Directional driveways, divided driveways, and deceleration tapers and/or by-pass lanes may be required by the planning commission where they will reduce congestion and accident potential for vehicles accessing the proposed use or site. Right-turn tapers shall be a minimum of 75 feet in length and at least 11 feet wide.

A.

The city discourages the use of private roads, but may allow private roads as a special land use when meeting the standards of this section. The regulations for private roads contained herein shall not apply to approved private roads within platted subdivisions regulated by this ordinance or the city's Code of Ordinances, or internal access drives to parking within approved site plans for multiple-family developments.

B.

Private roads shall be constructed to the following design standards:

1.

A private road serving or to serve six or less residential lots shall meet all City of Boyne City Municipal Standards with the exception that the minimum pavement width may be reduced to 16 feet.

2.

A private road serving or to serve seven to 12 residential lots shall meet all City of Boyne City Municipal Standards with the exception that the minimum pavement width may be reduced to 18 feet.

3.

All private roads servicing commercial lots (regardless of the number) and private roads serving or to serve more than 12 residential lots shall meet all design specifications and road construction standards as outlined in the City of Boyne City Municipal Standards.

C.

An easement shall be provided of not less than 50 feet in width for roads and utilities. This easement shall be recorded with the register of deeds office and a copy of the recorded easement provided to the city clerk.

D.

Any lot accessed via a private road shall have frontage on the private road which is at least equal to the minimum lot frontage required herein for the zoning district in which the lot is located. The frontage for the lot shall be measured at the point of the beginning of the lot line designated by the city as the side lot line.

E.

Any lot created on a private road, along with accompanying buildings, shall comply with all site development standards applicable to the zoning district in which it is located.

F.

The maximum length of any private road cul-de-sac shall not exceed the city standard for public roads.

G.

The surface and base material of any private road shall be approved by the city as being sufficient to accommodate emergency vehicles.

H.

Issuance of a zoning permit for the placement of buildings/structures on lots and/or parcels on a private road shall not be considered a guarantee or warranty that adequate access exists to the lot for emergency vehicles. The city assumes no responsibility for the maintenance of or improvements to private roads.

I.

The applicant shall submit a joint maintenance agreement or master deed in recordable form that runs with the land, binds benefiting parcels, and allows the city to make any repairs or conduct any maintenance it deems necessary, and charge the property owners or homeowners association served by the private road for such service.

J.

The applicant shall provide a recorded statement running with the land informing purchasers that the access road is private.

(Ord. of 4-12-2022(1))