For the purpose of determining the off-street parking and loading facilities required as accessory to a use, definitions and standards are established as follows:

Employees, wherever the parking requirement is based on employees, means the maximum number of employees on duty on the premises at one time or on any two successive shifts, whichever is the greater.

Gross floor area (GFA), used in determining loading requirements, means the total floor area used for the main and accessory activities, and storage areas of the building served.

Off-street loading space means an open space or enclosed area as part of a building, directly accessible to a public street and available whenever needed for the loading or unloading of goods and products to the main use.

Off-street parking area means an open or enclosed area directly accessible from a public street for parking of automobiles of owners, occupants, employees, customers, or tenants of the main use. Each space shall be directly accessible from a drive or aisle.

Seating capacity means the number of seating units installed or indicated on plans for places of assembly. When the seating capacity is not indicated on plans it shall be assumed that a seating unit will occupy six square feet of floor area exclusive of all aisles. When benches, pews, or other similar seating is provided, each 20 inches of such seating shall be counted as one seat.

Usable floor area (UFA), used in determining parking requirements, means the total area of all the floors of the building used by the principal activity as specified in the parking schedule, measured from the exterior faces of the building. The areas used for storage, mechanical equipment, stairwells, or otherwise not occupied by people shall be excluded from the floor area calculation.

(Code 2009, § 40-511; Ord. No. 53-A, § 5.02, 8-16-1982)

In all zoning districts, off-street parking facilities for the storage and parking of self-propelled motor vehicles for the use of occupants, employees, clients, and patrons of the buildings hereafter erected, altered, or extended after the effective date of the ordinance from which this chapter is derived shall be provided as herein prescribed. Such space shall be maintained and shall not be encroached upon so long as said main building remains, unless an equivalent number of spaces are provided elsewhere in conformance with this chapter.

(Code 2009, § 40-512; Ord. No. 53-A, § 5.01, 8-16-1982)

(a)

Permit application required; contents. Any application for a permit to construct a building or parking area, or for a certificate of occupancy for a change in the use of land or a building shall include a site plan drawn to scale and fully dimensioned, showing the proposed design of the parking area and loading facilities to be provided in compliance with the provisions of this article.

(b)

Determination of required parking facilities.

(1)

The minimum number of parking spaces required shall comply with the requirements of section 32-617, except that the planning commission shall have the authority to depart from those requirements during the site plan review process by applying the parking area design standards, the schedule of parking requirements, other applicable provisions of this chapter, pertinent improvements to the site that will reduce motor vehicle parking requirements, and additional relevant information provided in writing by the applicant.

(2)

If the planning commission approves a parking arrangement that does not comply with the schedule set forth in section 32-617, it shall state the justification for doing so as a part of site plan approval.

(3)

For the purposes of this ordinance, deficiencies in the number of parking spaces provided shall not be considered nonconformities if approved by the planning commission.

(4)

Where the computation of parking spaces required by section 32-617 results in a fractional space, it shall be counted as one additional space required.

(c)

Parking area design standards.

(1)

Except as otherwise provided for, all parking spaces shall be hard-surfaced with a pavement having an asphalt or concrete binder.

(2)

Except as otherwise provided for, all parking facilities shall be graded and drained so as to dispose of surface water which might accumulate within or upon such area; and shall be completely constructed prior to a certificate of occupancy being issued.

(3)

In order to reduce the amount of impervious surface and the corresponding stormwater runoff and reduce heat given off by paved surfaces, the planning commission may approve alternate parking lot surfaces for off-street parking lots which are not designated for customers, clients or patrons of the principal use on the property. Such off-street parking lots shall have a dustless surface and be used for employee parking, parking or maneuvering areas devoted to loading activities, and parking for trucks or similar heavy equipment. Such surfaces may include, but not be limited to, gravel, or crushed stone or crushed concrete. The use of permeable surfacing materials may be allowed subject to approval by the city engineer. The planning commission may also approve such dustless parking lot surfaces for off-street parking areas devoted to municipal functions.

(5)

All illumination shall be deflected away from adjoining residential districts and no source of illumination shall be more than 20 feet above the parking lot surface.

(6)

All off-street parking lots shall be set back a minimum of ten feet from each front lot line and minimum of five feet from the rear and side lot lines. The planning commission may permit parking aisles or vehicle maneuvering areas only to encroach within the required parking lot setback but may require additional screening or landscaping within the setback area.

(7)

Where a required nonresidential parking lot abuts a residential district, a greenbelt shall be provided along the residential lot line in accordance with the requirements of section 32-536(4). All nonresidential parking lots shall have direct access to a public street, and adequate ingress and egress shall be provided by means of limited and clearly defined drives.

(8)

A raised or rolled concrete curb at least six inches in height shall be installed with the construction of all driveways, parking lots, access lanes and other vehicle maneuvering areas to prevent motor vehicle conflicts with abutting landscape areas, sidewalks, streets, buildings or adjoining property.

(9)

The minimum parking space dimensions shall be nine feet by 18 feet and parking lot design shall be in accordance with the following minimum standards:

(10)

Residential driveways may not be wider than the equivalent of 40 percent of the property width, measured at its widest point. For curvilinear or circular driveways, the term "width" means the width of the travel lane, measured at a line perpendicular to the travel lane.

(Code 2009, § 40-513; Ord. No. 53-A, § 5.03, 8-16-1982; Ord. of 6-12-1991, § 1(5.03(C)(1)); Ord. No. 156, § 1(5.03), 7-9-2009; Ord. No. 210, § 1, 10-11-2018; Ord. No. 211, § 1, 10-11-2018; Ord. No. 217, § 1, 4-11-2019; Ord. No. 243, § 1, 2-16-2023)

The amount of off-street parking space required by type of use shall be determined in accordance with the following schedule:

(Code 2009, § 40-514; Ord. No. 53-A, § 5.04, 8-16-1982; Ord. No. 130, § 1, 8-11-2005)

(a)

The joint use of parking facilities by two or more uses is encouraged whenever practical and satisfactory to each of the uses to be served. A reduction of individual parking requirements may be permitted by the planning commission in cases where neighboring uses have significantly different hours of operation from each other. However, each use shall provide a minimum of 50 percent of its individual off-street parking requirements.

(b)

Prior to approving any request for joint use of parking facilities, the planning commission shall consider:

(1)

The location, number, and spacing of driveways;

(2)

The use of landscaping to soften the visual impact of the parking lot;

(3)

Internal circulation patterns and access to all participating uses; and

(4)

Potential conflicts among users and changes in parking demand.

(c)

The planning commission shall require, as a condition of approval, a copy of an agreement among participants to share parking facilities. Such agreement shall specify the time period for which such arrangement is agreed to.

(Code 2009, § 40-515; Ord. No. 53-A, § 5.05, 8-16-1982)

(a)

One-family and two-family dwellings. The off-street parking facilities required for one- and two-family dwellings shall be located on the same lot or plot of ground as the building they are intended to serve but shall not be considered a parking lot under the provisions of this article. Vehicles may not be parked in areas not specifically designated for such use.

(b)

Multiple-family. The off-street parking facilities for multifamily dwellings shall be located on the same lot or plot of ground as the dwellings they are intended to serve and shall consist of a parking lot as defined in this article. Vehicles may not be parked in areas not specifically designated for such use.

(c)

Mobile home parks. The off-street parking required may be located on each site or in parking lots conveniently located and readily accessible to each site. The latter shall be hard surfaced with a concrete or asphaltic concrete pavement, graded and drained to dispose of all surface water. Each parking space should meet the minimum area requirements.

(d)

Downtown parking. The off-street parking facilities required for nonresidential uses in the Central Business (B-2) Zoning District may be located up to 500 feet from the lot line of the parcel they are intended to serve; provided, however, that they shall not be located in a residential zoning district. Up to 50 percent of the required parking may include on-street parking or shared parking. Municipal parking lots may be considered as counting toward the required parking if approved by the planning commission after submittal of a parking demand study that addresses parking needs and availability within 500 feet of the subject site.

(Code 2009, § 40-516; Ord. No. 53-A, § 5.06, 8-16-1982; Ord. of 6-12-1991, § 2(5.06(D)); Ord. No. 130, § 1, 8-11-2005; Ord. No. 156, § 1(5.06), 7-9-2009; Ord. No. 211, § 1, 10-11-2018)

(a)

On the same premises with every building or part thereof, erected and occupied for manufacturing, storage, goods display, department store, wholesale, hotel, hospital, laundry, dry-cleaning, or others similarly involving the receipt or distribution of material, merchandise, or vehicles, there shall be provided and maintained on the lot adequate space for standing, loading, and unloading in order to avoid undue interference with street or parking areas. Where all standing, loading and unloading will take place completely within a building, doors on the building may be located in a manner necessary to facilitate such operations.

(b)

Such loading and unloading space, unless completely and adequately provided for within a building, shall consist of a minimum area of ten feet by 50 feet, with 14-foot height clearance, and shall be provided according to the following schedule:

(c)

Off-street loading space shall not be construed as, or counted towards, meeting the required off-street parking area.

(Code 2009, § 40-517; Ord. No. 53-A, § 5.07, 8-16-1982; Ord. of 6-12-1991, § 3(5.07(A)); Ord. No. 156, § 1(5.07), 7-9-2009)

(a)

To minimize excessive areas of pavement which can reduce water quality, increase erosion and detract from community aesthetics, no parking lot shall exceed the minimum parking space requirements of section 32-617 by greater than ten percent.

(b)

In granting parking space that exceeds the requirements of section 32-617 by greater than ten percent, the planning commission shall determine that the parking is required based on documented evidence.

(c)

This section shall only apply to nonmunicipal parking areas containing 20 or more required parking spaces.

(Code 2009, § 40-518; Ord. No. 53-A, § 5.08, 8-16-1982; Ord. No. 130, § 2, 8-11-2005)

(a)

An applicant may request that the planning commission grant a deferral for the construction of a portion of the required nonresidential parking spaces in cases where the applicant feels the minimum parking required is in excess of what is practical for the use.

(b)

Parking may not be deferred below the minimum standard of 0.5 spaces per 1,000 square feet of gross floor area for industrial uses or 80 percent of the required parking for commercial uses.

(c)

The applicant shall show the deferred portion of the parking on the site plan and shall guarantee the availability of such area for future parking through a recorded deed restriction on the property, a copy of which shall be provided to the zoning administrator prior to commencing construction on the site.

(d)

The planning commission shall retain the right to revoke the deferral at any time if the zoning administrator determines, based on repeated observations of the use, that the amount of parking is insufficient. A deferral may also be revoked if a change in use increases the number of parking spaces required per section 32-617. In cases of revocation, the applicant shall comply with the parking requirements of section 32-617 within 180 days of the revocation.

(Code 2009, § 40-519; Ord. No. 53-A, § 5.09, 8-16-1982; Ord. No. 130, § 2, 8-11-2005)

(a)

Applicability. The standards and regulations of this section shall apply to those portions of 17 Mile Road, White Creek Avenue and Northland Drive which lie within the boundaries of the city, Muskegon Street and those portions of Main Street outside the B-2 Central Business District and other streets as may be deemed applicable by the planning commission. All uses along such roadways for which site plan review is required, and only such uses, shall be subject to these standards and regulations. These regulations shall not apply to single family and two-family dwelling units. In addition to meeting the standards and regulations of this section, approvals may also be required from the state department of transportation and the county road commission.

(b)

General access requirements; authority. The planning commission shall have the authority to require a frontage road or rear service drive for contiguous parcels, to limit the number of driveways for a site, to require that parking lots on contiguous parcels be connected, that driveways for contiguous parcels be shared, that opposite driveways be directly aligned and that specific turning movements be restricted or prohibited. In determining whether the above or other access control measures are necessary, the following criteria shall be considered:

(1)

The type and location of commercial uses on the site and adjacent to the site.

(2)

The location, size and design of existing and proposed parking areas.

(3)

The existing and projected traffic volume on the roadway and adjacent roadways.

(4)

Compatibility between adjacent land uses and likelihood of change or expansion.

(5)

Number of parcels involved, location of lot lines, and amount of road frontage.

(6)

Topography and site distance along adjacent roadways and on the site.

(7)

Distance from intersections.

(8)

Location of driveways opposite the site.

(9)

Width of roadway and number of lanes.

(10)

Environmental limitations (steep slopes, water, or vegetation).

(11)

Sufficient building setback.

(12)

Recommendation of the city master plan.

(c)

Modifications. The planning commission shall have the authority to increase, decrease or otherwise modify the terms and conditions of this section where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this section. In considering whether to modify the requirements of this section, the planning commission shall consider the criteria contained in subsection (b) of this section. The commission may impose reasonable conditions in the modification of the requirement in order to ensure the public safety and achieve the intent of this section.

(d)

Driveways. Driveways shall be located as follows:

(1)

Each lot may be permitted one driveway provided the spacing requirements of this section can be achieved.

(2)

One additional driveway may be permitted on parcels with lot widths exceeding 500 feet.

(3)

Additional driveways may be permitted by the planning commission for any site providing the spacing and alignment criteria listed in subsection (e)(2) of this section are met, and a traffic impact study is completed which justifies an additional driveway.

(4)

The planning commission may permit two one-way driveways or a boulevard driveway rather than a single dual movement driveway for particular uses where safer, more efficient circulation and function of the drives can be demonstrated.

(5)

The applicant shall submit evidence indicating that the sight distance requirements of the state department of transportation (MDOT) or the county road commission, as appropriate, are met.

(e)

Spacing and alignment. The spacing and alignment requirements are as follows:

(1)

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

*As measured from the centerline of each driveway.

(2)

Driveways shall be aligned with driveways on the opposite side of the street or offset a minimum of 150 feet, centerline to centerline. Driveways located on the streets noted on subsection (a) of this section shall be located a minimum of 100 feet from the intersection of a private street or local public street measured from near pavement edge of the street to near pavement edge of the driveway throat.

(3)

A driveway located on a public street or private street which intersects a street noted in subsection (a) of this section shall be located a minimum of 75 feet from such street measured from near pavement edge of the street to near pavement edge of the driveway throat.

(4)

The planning commission may require greater spacing if traffic or pedestrian safety, traffic circulation, or site conditions warrant a greater distance between driveways.

(f)

Alternative access. For parcels which do not meet the driveway spacing requirements of this section, the planning commission shall require one or more of the following alternative access measures.

(1)

Temporary direct access. Temporary direct access may be granted if adjoining parcels are undeveloped which would later allow for access via a frontage road, shared driveway or a parking lot cross connection. Approval of a temporary driveway permit by the planning commission shall specify the future means and location of the permanent access, as well as when such access will be provided. The property owner shall record a temporary access agreement noting these items as well as a statement that the temporary driveway will be closed at no cost to the city at such time as access becomes available through the development of adjoining properties.

(2)

Shared driveways. Sharing or joint use of a driveway by two or more property owners may be required. The shared driveway shall be constructed along the midpoint between the two properties unless a written easement is provided which allows traffic to travel across one parcel to access another or access the public street.

(3)

Frontage roads. In cases where a frontage road exists, is recommended in the city master plan or is proposed in an approved site plan for an adjoining lot or parcel, access shall be provided via such frontage road, rather than by direct connection to the adjoining street.

(4)

Parking lot connections. Where a proposed parking lot is adjacent to an existing parking lot of a similar use, there shall be a vehicular connection between the two parking lots where possible, as determined by the planning commission. For developments adjacent to vacant properties, the site shall be designed to provide for a future connection. In either case the property owner shall record a document agreeing to allow for the vehicular connection the adjacent property and to keep the access open at all times.

(5)

Rear service drives. Rear service drives may be required, especially for locations where connection to a side street is available. In addition to access along the rear service drive, direct connections to the arterial street may be allowed.

(g)

Design of frontage roads and rear service drives. Frontage roads and rear service drives shall have minimum width of 24 feet and shall be paved with asphalt or concrete.

(Code 2009, § 40-520; Ord. No. 53-A, § 5.10, 8-16-1982; Ord. No. 156, § 1(5.10), 7-9-2009; Ord. No. 210, § 1, 10-11-2018; Ord. No. 211, § 1, 10-11-2018)