Charlevoix City Zoning Code
OFF-STREET PARKING
LOADING, ACCESS AND CIRCULATION
§ 153.185 DESCRIPTION AND PURPOSE.
(A) The purpose of this subchapter is to prescribe regulations for off-street parking of motor vehicles in residential and non-residential zoning districts, to ensure that adequate parking and access are provided in a safe and convenient manner and to afford reasonable protection for adjacent land uses from light, glare, noise, air pollution and other effects of parking concentrations.
(B) It is the further intent of these regulations to:
(1) Implement the goals and policies of the city’s Master Plan;
(2) Reduce the impacts associated with parking lots through minimum and maximum parking requirements; and
(3) Accommodate shared parking to limit the extent of paved and impervious surfaces.
(Prior Code, § 5.90)
§ 153.186 APPLICABILITY.
(A) For all buildings and uses established after the effective date of this chapter, off-street parking shall be provided as required by this section, except in the CBD Central Business District. Parking spaces provided in this manner shall be unreserved and generally available to the public.
(B) If the intensity of the use of any building or site is increased by adding floor area, increasing seating capacity or employees, or by any other means, additional off-street parking shall be provided to the extent required by this subchapter.
(C) For off-street parking facilities that exist on the effective date of this chapter, their capacity shall not be reduced below the requirements of this subchapter, nor shall the capacity of non-conforming parking facilities be further reduced or made more non-conforming.
(D) Required off-street parking shall not be changed to another use unless equal facilities are provided elsewhere, in accordance with the provisions of this subchapter.
(E) Changes in use or new uses of existing buildings or floor area shall require parking in accordance with this subchapter, except in the CBD Central Business District the requirement for additional parking due to a legal commercial use change shall be waived.
(Prior Code, § 5.91) (Ord. 807, passed 9-3-2019)
§ 153.187 PARKING REQUIREMENTS AND LIMITATIONS.
(A) Off-street parking shall only be used for temporary vehicle parking related to the activities on the premise. The storage of merchandise, motor vehicles for sale, recreational vehicles, limousines, trucks and trailers is prohibited, except under the conditions of § 153.153 of this chapter. Use of off-street parking to store or park wrecked or junked cars, or to repair vehicles is prohibited.
(B) When calculations for required parking spaces result in a fraction over one-half, one full parking space shall be required.
(C) For a use not specifically included in Table 153.187, off-street parking requirements shall be in accordance with a use determined by the Zoning Administrator to have comparable parking characteristics. For any use determined as not having a comparable parking requirement, it shall be determined by the Planning Commission based on recent and published parking research, or by accepting the findings of a parking study provided by the applicant in accordance with § 153.188(B)(6) of this chapter.
(D) For benches, pews or similar seating, each 24 inches shall be counted as one seat unless plans filed with the city specify a maximum seating capacity, which shall then be used to determine parking requirements.
(E) Unless otherwise indicated, floor area shall refer to usable floor area (UFA).
(F) Where parking requirements are established by maximum building seating or occupancy, capacity shall be based on the building and/or fire code, whichever is more restrictive.
(G) Minimum parking space requirements shall not be exceeded unless approved by the Planning Commission based on documented evidence that additional spaces are required to accommodate parking demand on a typical day. The Planning Commission may require any additional spaces to be constructed using alternate paving materials, such as pervious pavers or concrete. A required or requested use of alternative paving materials shall include a maintenance plan and agreement from the property owner deemed satisfactory to the Planning Commission.
(H) The minimum required number of off-street parking spaces shall be determined based on the requirements listed in Table 153.187.
Table 153.187: Parking and Access Requirements by Use
| |
Use | Number of Parking Spaces |
Table 153.187: Parking and Access Requirements by Use
| |
Use | Number of Parking Spaces |
RESIDENTIAL USES | |
Bed and breakfast | See § 153.116(D)(7) |
Boarding or rooming house | 1 space per 2 beds, plus 1 additional space for owner or employee use |
Dwellings above first floor businesses | 1 space per dwelling unit |
Multiple-family residential dwellings | 1.5 spaces per dwelling unit |
Senior apartments and senior independent living | 0.5 space per unit, and 1 space per employee. Should units revert to general occupancy, the requirements for multiple-family residential dwellings shall apply |
Single-family and two-family dwellings | 2 spaces per dwelling unit |
INSTITUTIONAL USES | |
Auditoriums, assembly halls, meeting rooms, theaters and similar places of assembly | 1 space per 4 seats, based on maximum seating capacity in the main place of assembly, as established by the city’s Fire and Building Codes |
Day care facility, nursery school, child care center, family day care home, group day care home | 1 per 700 sq. ft. of UFA, plus 1 per employee. Sufficient area shall be designated for drop-off of children or adults in a safe manner that will not result in traffic disruptions |
Elementary and middle schools | 1 per teacher, employee and administrator |
Convalescent or nursing home | 1 per 6 beds or occupants and 1 space per staff member or employee on the largest shift |
Hospitals and similar facilities for human care | 1 per 5 beds, plus 1 per employee on the largest shift |
Churches and customary related uses | 1 for every 5 seats in the main place of assembly |
High schools; colleges and universities; business, trade, technical, vocational or industrial schools; performing and fine arts schools | 1 per teacher, employee and administrator, and 1 for every 10 students |
RETAIL USES | |
Retail stores, except as otherwise specified | 1 per employee on the largest shift, plus 1 for every 500 sq. ft. of UFA |
Multi-tenant shopping centers | |
With 60,000 sq. ft. or less of retail | 1 per employee on the largest shift, plus 1 for every 350 sq. ft. of retail UFA |
With over 60,000 sq. ft. of retail | 1 per employee on the largest shift, plus 1 for every 300 sq. ft. of retail UFA |
With restaurants | If more than 20% of the shopping center’s floor area is occupied by restaurants or entertainment uses, parking requirements for these uses shall be calculated separately. Where the amount of restaurant space is unknown, it shall be calculated at 20% |
Agricultural sales, greenhouses and nurseries or roadside stands | 1 per employee on the largest shift, plus 1 per 350 sq. ft. of permanent or temporary area devoted primarily to sales |
Animal grooming, training, day care and boarding | 1 per employee on the largest shift, plus 1 for every 1,000 sq. ft. of UFA |
Furniture and appliance, household equipment, show-room of a plumber, decorator, electrician, hardware, wholesale and repair shop or other similar uses | 1 per employee on the largest shift, plus 1 for every 1,000 sq. ft. of net UFA, plus 1 additional space per employee |
Grocery store/supermarket | 1 per employee on the largest shift, plus 1 for every 500 sq. ft. of UFA |
Home improvement centers | 1 per employee on the largest shift, plus 1 for every 1,000 sq. ft. of UFA |
Open air businesses, except as otherwise specified | 1 per employee on the largest shift, plus 1 for every 500 sq. ft. of lot area for retail sales, uses and services |
Vehicle dealerships, including automobiles, RVs, motorcycles, snowmobiles, ATVs and boats | 1 per employee on the largest shift, plus 1 for every 1,000 sq. ft. of floor space of sales room |
SERVICE USES | |
Banks and other financial institutions | 1 per employee on the largest shift, plus 1 per 500 sq. ft. of UFA for the public. Drive-up windows/drive-up ATMs shall be provided with 2 stacking spaces per window or drive-up ATM |
Beauty parlor or barber shop | 1 per employee on the largest shift, plus 1 parking space per chair/station |
Dry cleaners | 1 per employee on the largest shift, plus 1 per 500 sq. ft. of UFA |
Laundromats | 1 per employee on the largest shift, plus 1 per 4 combinations of washer-dryer machines, plus 1 space per employee |
Mortuary, funeral home | 1 per employee on the largest shift, plus 1 per 3 patron seats at largest capacity |
Motel, hotel or other commercial lodging establishment | 1 per employee on the largest shift, plus 0.5 space per unit. In addition, spaces required for ancillary uses such as lounges, restaurants or places of assembly shall be provided and determined on the basis of the individual requirements for that use |
Motor vehicle service stations (gas stations and truck stops) | 1 per employee on the largest shift, plus additional parking required for other uses within an automobile service station, such as the retail floor area, restaurants or vehicle repair stalls |
Vehicle repair establishment, major or minor | 1 per employee on the largest shift, plus 1 per service stall |
Vehicle wash | |
Self-service (coin operated) | 4 spaces, plus 2 stacking spaces for every washing stall |
Full-service | 1 per employee on the largest shift, plus 4 spaces and 3 stacking spaces for every washing stall or line |
Restaurants, bars and clubs | |
Standard sit-down restaurants with liquor license | 1 per employee on the largest shift, plus 1 per 300 sq. ft. of UFA |
Carry-out restaurant (with limited or no seating for eating on premises) | 1 per employee on the largest shift, plus 4 per service or counter station |
Open front restaurant/ice cream stand | 1 per employee on the largest shift, plus 5 spaces and 1 per 6 seats |
Drive-through restaurant | 1 for every 2 employees, plus 1 for every 6 seats intended for patrons within the building, plus 4 stacking spaces per food pickup window |
Bars, lounges, taverns, nightclubs (majority of sales consist of alcoholic beverages) | 1 per employee on the largest shift, plus 1 per 200 sq. ft. of UFA |
Private clubs, lodge halls or banquet halls | 1 per employee on the largest shift, plus 1 for every 6 persons allowed within the maximum occupancy load as established by the city’s Fire and Building Codes |
RECREATION | |
Athletic clubs, exercise establishments, health studios, sauna baths, martial art schools and other similar uses | 1 per employee on the largest shift, plus 1 per 4 persons allowed within the maximum occupancy load as established by city’s Fire and Building Codes |
Billiard parlors | 1 per 3 persons allowed within the maximum occupancy load as established by city’s Building and Fire Codes, or 1 per 500 sq. ft. of gross floor area, whichever is greater |
Bowling alleys | 4 per bowling lane plus additional for accessory uses such as bars |
Indoor recreation establishments including gymnasiums, tennis courts and handball, roller or ice-skating rinks, exhibition halls, dance halls and banquet halls | 1 space for every 6 persons allowed within the maximum occupancy load as established by the city’s Fire and Building Codes |
Miniature or “par-3" courses | 1 per employee on the largest shift, plus 1 per 2 holes |
Commercial marinas | 0.25 space for every boat slip based on the permitted slips by the state’s Department of Natural Resources |
OFFICES | |
Business offices, post offices or professional offices of lawyers, architects or similar professionals | 1 per employee on the largest shift, plus 1 for every 300 sq. ft. of UFA, but no less than 5 parking spaces |
Medical offices of doctors, dentists, veterinarians or similar professions | 1 per employee on the largest shift, plus 1 for every 300 sq. ft. of UFA |
INDUSTRIAL USES | |
Industrial establishments, including manufacturing, research and testing laboratories, creameries, bottling works, printing, plumbing or electrical workshops | 1 for every 2 employees or 700 sq. ft. of UFA, whichever is greater |
Warehouses and storage buildings | 1 per employee on the largest shift |
Mini warehouses/self-storage | Unobstructed parking area equal to 1 for every 10 door openings, plus parking for other uses on site such as truck rental |
Truck terminal | 1 per employee on the largest shift, plus 2 truck spaces of 10 x 70 ft. per truck berth or docking space |
Air freight forwarders/distribution facilities | 1 per employee on the largest shift |
(Prior Code, § 5.92) (Ord. 802, passed 4-15-2019; Ord. 807, passed 9-3-2019; Ord. 839, passed 6-19-2023)
§ 153.188 PARKING ALTERNATIVES.
(A) Shared/common parking. Shared parking, or an arrangement in which two or more nonresidential uses with different peak parking demands (hours of operation) uses the same off-street parking spaces to meet their off-street parking requirements, may be allowed.
(1) The Zoning Administrator may approve an adjustment to the parking requirements allowing shared parking arrangements for nonresidential uses with different hours of operation.
(2) Applicant must provide that there is no substantial conflict in the principle operating hours of the uses for which the shared parking is proposed.
(3) Shared parking must be within 50 feet walking distance, measured from the entrance of the use to the nearest parking space in the shared lot.
(4) An agreement providing for the shared use of the parking, executed by the parties involved, must be filed with the Zoning Administrator, in a form approved by the Zoning Administrator upon consultation with the city attorney.
(B) Modification of parking requirements. The Planning Commission may reduce the parking space requirements of this section for any use, based upon one or more of the following.
(1) Shared parking by multiple uses is expected due to the likelihood of numerous multipurpose visits, or if uses have peak parking demands during different times of the day or days of the week; subject to the following.
(a) Sidewalks shall be maintained or established between the uses.
(b) Pedestrian connections, both within and to the site, shall provide safe and convenient access to building entrances.
(c) For separate properties, shared parking lots shall be within 300 feet to one another with vehicular and pedestrian access.
(d) Unless the multiple uses are all under single ownership and within a unified business or shopping center, office park or industrial park, shared parking agreements shall be filed with the City Clerk after approval by the Zoning Administrator.
(2) Convenient municipal off-street parking facilities or on-street spaces are located no further than 600 feet from the subject properties.
(3) An expectation of walk-in trade is reasonable due to the proximity of residential neighborhoods, downtown or employment areas that are interconnected with sidewalks.
(4) Other forms of travel such as bicycle or transit are available and are reasonable alternatives.
(5) The Planning Commission may require a parking study to document that the above divisions (B)(1)(a) through (B)(1)(d) have been addressed.
(6) Where the applicant has provided a parking study, it shall demonstrate that a standard other than that required by this subchapter would be more appropriate based on the number of employees, expected level of customer traffic, or actual counts at a similar establishment. Parking studies shall be prepared by a qualified expert, such as a professional transportation engineer or professional transportation planner, based upon standards, manuals and research published by professional organizations, such as the Institute of Transportation Engineers, the Transportation Research Board or Urban Land Institute. The Planning Commission may require parking studies of comparable uses in the general area as part of the study.
(C) Deferred parking.
(1) Where a reduction in parking spaces is not warranted, but an applicant can demonstrate the parking requirements for a proposed use may be excessive given the particular circumstances of the use and property, the Planning Commission may defer some of the required parking. The site plan shall designate an area to accommodate its future construction, if and when it is needed, meeting the design standards and dimensional requirements of this subchapter. In the interim, the deferred parking area shall be landscaped and maintained and shall not occupy required setbacks, buffers or landscaped areas or be used for any other purpose.
(2) Construction of the deferred parking spaces may be initiated by the owner or required by the city based on conditions affecting on-site parking needs or observations, and shall require administrative approval of an amended site plan.
(D) Downtown parking. The minimum number of off-street parking spaces required by this section shall be waived for all buildings fronting Bridge Street between the Pine River Channel and Antrim Street.
(E) Proposed developments. The Planning Commission may require parking in the side or rear of a building where possible, if a proposed development fronts a public street. In these instances the Planning Commission may waive or reduce landscaping or screening requirements in § 153.171 of this chapter.
(Prior Code, § 5.93) (Ord. 794, passed 9-17-2018; Ord. 807, passed 9-3-2019)
§ 153.189 OFF-STREET PARKING FACILITY DESIGN.
(A) Off-street parking location and setbacks.
(1) Side and rear yard limitation. Off-street parking lots shall meet the side setback requirements as specified in the zoning district and shall not be closer than 15 feet from the rear property line.
(2) Front yard limitation. In the CBD, GC, PO and CM Districts and single multi-family buildings in the R1 or R2 Districts, the required front yard setback shall not be used for off-street parking, loading, or unloading and shall remain open, unoccupied and unobstructed, except for landscaping or vehicle access drives.
(3) Proximity. Required off-street parking facilities for all uses, other than residential dwellings, shall be located on the same lot as the use, or within 300 feet of the building(s) or use they are intended to serve. Distance shall be measured from the nearest point of the building to the nearest point of the off-street parking lot.
(a) Required off-street parking facilities for residential dwellings shall be located on the same property as the premises they are intended to serve and shall consist of a driveway, a parking apron and/or a garage. Parking for single multifamily structures shall be located at the rear or on the side of the building.
(b) In the CBD District, parking facilities shall be located within 600 feet of the building or use to be served. Distance shall be measured from the nearest point of the building to the nearest point of the off-street parking lot.
(c) Parking access shall be from the alley or front side where available, otherwise access may be from the front lot line.
(C) Pavement. Unless alternative materials are specifically permitted as provided in this division (C), all parking lots and vehicle and equipment storage areas shall be hard-surfaced using asphalt, concrete or concrete or brick pavers and shall be appropriately graded and drained. The Planning Commission may approve permeable paving for all or part of a parking lot. For storage areas, a substitute for hard surface paving may be allowed if the Planning Commission finds adjoining properties will not be adversely affected.
(D) Curbs. A parking lot shall be surrounded by a six-inch concrete curb, except for driveway openings, sidewalk dub-downs and approved drainage systems, to protect landscaped or pedestrian areas, buildings or adjacent property from potential vehicle encroachment. The Planning Commission may approve an alternative to a fully curbed parking facility as long as the intent of this division (D) is achieved. To avoid conflicts with swinging car doors and overhanging bumpers, in such circumstances all plants shall be set back at least two feet from the edge of pavement.
(1) Angled parking between the specified ranges shall be to the nearest degree.
(2) The length of a parking stall may be reduced by up to two feet if the parked vehicle can overhang an unobstructed landscaped area or sidewalk by not less than two feet. In such instances a sidewalk shall be at least seven feet wide.
(3) At least seven feet shall be maintained between a parking lot and building.
(4) All parking lots shall be striped and maintained showing individual parking bays in accordance with the following dimensions:
(F) Stacking spaces. Waiting/stacking spaces for a drive-through use (such as a bank, restaurant, car wash, pharmacy, dry cleaner or oil change establishment) shall be at least 24 feet long and ten feet wide and shall not block off-street parking spaces. Where the waiting/stacking lane is a single lane accommodating five or more vehicles, an escape lane shall be provided for vehicles wishing to by-pass the drive-up window.
(G) Ingress and egress. Clearly defined and limited driveways shall provide adequate vehicular access to a parking lot. Interior access and circulation aisles for all parking spaces shall be provided. A public street shall not be used as a maneuvering space for a vehicle to get into or out of an off-street parking space. Access drives serving a parking lot in a non-residential zoning district shall not cross a residential district, except when access is provided by means of an alley that forms a boundary between a residential and non-residential district.
(H) Landscaping. Off-street parking areas shall be landscaped in accordance with the requirements of § 153.171(H) of this chapter.
(I) Fire lanes. All fire lanes shall be designated on a site and posted with signs prior to occupancy.
(J) Barrier free parking. Signed and marked barrier free parking spaces shall be provided at convenient locations in a parking lot in accordance with the state barrier free parking requirements. Barrier free spaces shall be located as close as possible to building entrances.
(K) Maintenance. All parking lots and structures shall be maintained free of trash and debris and all surfaces, curbs, light fixtures and signs shall be maintained in good condition.
(Prior Code, § 5.94) (Ord. 807, passed 9-3-2019; Ord. 848, passed 4-1-2024) Penalty, see § 153.999
§ 153.190 OFF-STREET LOADING REQUIREMENTS.
(A) Uses requiring loading area. To avoid interference with the use of public streets, alleys and parking spaces, adequate space for standing, loading and unloading shall be provided and maintained on the same lot as the premises.
(B) Loading area requirements. A loading and unloading space shall be paved, and unless otherwise provided, shall be ten feet by 40 feet, with a 15-foot height clearance, according to Table 153.190:
Table 153.190: Minimum Off-Street Loading Requirements | |
Building Net GFA | Minimum Truck Loading Spaces |
0 - 1,400 sq. ft. | None |
1,401 - 20,000 sq. ft. | 1 space |
20,001 - 100,000 sq. ft. | 1 space, plus 1 space for each 40,000 sq. ft. in excess of 20,000 sq. ft. |
100,001 - 500,000 sq. ft. | 5 spaces, plus 1 space for each 40,000 sq. ft. in excess of 100,000 sq. ft. |
(C) Orientation of overhead doors. Overhead doors for a truck loading area shall not face a public right-of-way and shall be screened so they are not visible from a public street or an adjacent residential district.
(Prior Code, § 5.95) Penalty, see § 153.999