A.

Scope of off-street parking requirements. Compliance with the off-street parking regulations shall be required as follows:

1.

General applicability. For all buildings and uses established after the effective date of this ordinance, off-street parking shall be provided as required by the following regulations. However, where a building permit has been issued prior to the effective date of the ordinance and construction has been diligently carried on, compliance with the parking requirements at the time of issuance of the building permit shall be required.

2.

Change in use or intensity. Whenever use of a building, structure, or lot is changed, parking facilities shall be provided as required by this ordinance for the new use, regardless of any variance which may have been in effect prior to change of use.

If the intensity of use of any building, structure, or lot is increased through the addition of dwelling units, increase in floor area, increase in seating capacity, or through other means, additional off-street parking shall be provided for such increase in intensity of use.

3.

Existing parking facilities. Off-street parking facilities in existence on the effective date of this ordinance shall not thereafter be reduced below, or if already less than, shall not be further reduced below the requirements for the use being served as set forth in this ordinance.

4.

Additional off-street parking. Nothing in this ordinance shall be deemed to prevent voluntary establishment of off-street parking facilities to serve an existing use of land or buildings, or to prevent provision of additional parking facilities beyond what is required by the ordinance, provided all such parking is in conformance with the regulations herein, including landscaping and open space requirements. However, it is the intent of the city to reduce the total amount of impervious material on site. Permeable materials are encouraged for overflow parking areas and parking spaces.

5.

Review and permit requirements. In the event that new off-street parking is proposed as part of a development requiring site plan review, the proposed parking shall be shown on the site plan submitted to the city for review. In the event that proposed off-street parking is not part of a development requiring site plan review, the applicant shall submit a plot plan to the city for review and approval in accordance with the procedures outlined herein and in other applicable ordinances. The plot plan shall indicate the location of the proposed parking in relation to other uses on the site and on adjoining sites, the proposed means of ingress and egress, the number and dimensions of parking spaces, and the method of surfacing. Curb cuts and driveways shall be subject to review and approval by the agency (City of Flat Rock, Wayne County, or Michigan Department of Transportation) that has jurisdiction over the road.

6.

Special assessment districts. In the event that the city council establishes a special assessment district or some other mechanism to finance and provide off-street parking facilities within a designated area, then the requirements for privately-supplied off-street parking for all buildings or uses in existence or established thereafter within the district shall be modified to account for the collective supply of public off-street parking.

7.

Stormwater management. Off-street parking design and layout should provide for effective management of stormwater runoff from vehicle areas.

B.

General requirements. In all zoning districts, off-street vehicle parking facilities shall be provided and maintained as herein prescribed:

1.

Location. Off-street parking facilities required for nonresidential uses shall be located within 300 feet of the building or use they are intended to serve (measured from the nearest point of the off-street parking facilities and the nearest point of the building), except as otherwise permitted for collective use of off-street parking.

If an existing use expands but the required additional parking space is not available within 300 feet, the planning commission may allow the additional parking to be located within 500 feet in order to satisfy the requirements of this ordinance.

2.

Parking in required yards. Unless otherwise specified elsewhere in this ordinance, off-street parking may be located in required yards, provided that all landscaping and screening requirements are complied with. Off-street parking shall not be permitted within five feet of an agricultural or single-family residential district boundary unless the boundary falls along a common separating street or railroad right-of-way. Off-street parking shall not be permitted in the front yard of multiple-family districts. Off-street parking shall not be permitted in the rights-of-way or within a required greenbelt or landscaped area.

3.

Residential parking. Off-street parking spaces in residential districts shall consist of a parking strip, driveway, garage, or combination thereof, and shall be located on the premises they are intended to serve. No parking shall be permitted on lawns or other unpaved areas on residential lots, with the exception of approved parking areas, nor shall parking be permitted on or across sidewalks. Paved areas for parking shall not exceed 35 percent of the total area of the front yard.

One commercial vehicle may be parked on each lot in residential districts. Any such vehicle shall have a total of no more than six wheels with up to four wheels per axle. Furthermore, any such vehicle shall be stored in a garage. Parking or storage of semi-trailers shall be prohibited within residential districts.

Note: See recreational vehicle parking section 4.01E.

4.

Control of off-site parking. It shall be unlawful to park or store any motor vehicle on private property without the expressed or implied consent of the owner, holder, occupant, lessee, agent, or trustee of said private property. Where required parking is permitted on land other than on the same lot as the building or use being served, the land on which the parking is located shall be under the same ownership and control as the lot occupied by said building or use.

5.

Access to parking. Each off-street parking space shall open directly onto an aisle or driveway of sufficient width and design as to provide safe and efficient access to or from a public street or alley in a manner that will least interfere with the smooth flow of traffic.

6.

Collective use of off-street parking. Off-street parking space for separate buildings or uses may be provided collectively. If parking facilities for separate buildings or uses are provided collectively, the total number of spaces provided shall not be less than the number which would be required if the spaces were provided separately. However, the planning commission may reduce the total number of spaces provided collectively by up to 25 percent upon making the determination that the parking demands of the uses being served do not overlap.

Parking spaces already provided to meet the off-street parking requirements for theaters, stadiums, auditoriums, stores, office buildings, and industrial establishments, lying within 500 feet of a church as measured along lines of vehicle access, and which are not normally used between the hours of 6:00 a.m. and 6:00 p.m. on Sundays, may be used to meet no more than 25 percent of the off-street parking requirements of a church.

7.

On-street parking. In the central business district, the planning commission may consider available on-street parking spaces within 500 feet of the subject site as partially meeting the required off-street parking spaces at a ratio of one on-street space equals two off-street spaces.

8.

Storage and repair prohibited. The storage of merchandise, sale of motor vehicles, storage of inoperable vehicles, or repair or washing of vehicles are prohibited in required off-street parking lots. Emergency service required to start vehicles shall be permitted. Furthermore, the storage or parking of trucks over one ton capacity, truck tractors, truck trailers, moving vans, automobile trailers, aircraft, and motor homes or buses over 18 feet in length, or passenger cars or trucks which are wrecked, disabled, abandoned or incapable of movement under their own power in any yard area or on a street or highway, shall not be permitted in any residential or commercial district. This requirement shall not prevent storage of recreational vehicles in accordance with section 4.01E, nor shall these regulations prevent the parking of vehicles used in connection with a legally zoned business conducted on premises.

9.

Barrier-free parking. Each parking lot that serves a building, except single- and two-family dwelling units, shall have a number of level parking spaces, identified by an above-grade sign, which indicates the spaces are reserved for persons with disabilities. Parking for persons with disabilities shall comply with the Americans with Disabilities Act (ADA), State of Michigan Barrier-Free Rules, Michigan Public Act No. 1 of 1966, as amended, and the city's handicapped parking ordinance, chapter 129.

10.

Duration. Except when land is used as permitted storage space in direct connection with a business, a 24-hour time limit for parking in nonresidential off-street parking areas shall prevail, provided that it shall be unlawful to permit the storage of wrecked, inoperable, or junked vehicles on any parking area in any district.

11.

Parking structures. Parking structures shall be permitted in compliance with the following standards:

(a)

Any parking structure shall comply with the required setbacks for the district in which it is located.

(b)

Parking structures shall be designed as integral elements of the overall site plan, taking into account the relationship to the principal building and other structures on the site.

(c)

The façade of the parking structure shall be compatible in design, color, or type of material to the principal building(s) on the site.

(d)

Landscaping shall be placed around the parking structure in accordance with an approved landscape plan. Any such landscaping shall be compatible with the overall landscape plan for the entire site.

C.

Minimum number of spaces required. The following standards shall be used in determining the required number of parking spaces:

1.

Definition of floor area. For the purposes of determining required number of parking spaces, "floor area" shall be measured in accordance with the definitions provided in section 1.03.

2.

Units of measurement. When calculations for determining the required number of parking spaces results in a fractional space, any fraction of less than one-half may be disregarded, while a fraction of one-half or more shall be counted as one space. Parking spaces required for employees shall be based on the maximum number of employees on the premises at any one time.

3.

Uses not citied. For those uses not specifically mentioned, the requirements of off-street parking for a similar use shall apply, subject to review by the planning commission.

4.

Parking for persons with disabilities. Each parking lot that serves a building, except single- and two-family dwelling units, shall have a number of level parking spaces, identified by an above-grade sign which indicates the spaces are reserved for persons with disabilities. Parking for the handicapped shall comply with the State of Michigan Barrier-Free Rules, Michigan Public Act No. 1 of 1966, as amended, and the city's handicapped parking ordinance, chapter 129.

5.

Use of loading space. Required loading space shall not be counted or used for required parking.

6.

Minimum number of spaces for each use. The amount of required off-street parking space shall be determined in accordance with the schedule that follows. The planning commission may modify the numerical requirements for off-street parking, based on evidence that another standard would be more reasonable, because of the level of current or future employment and/or level of current or future customer traffic.

D.

Layout and construction. Off-street parking facilities containing five or more spaces shall be designed, constructed, and maintained in accordance with the following requirements:

1.

Review and approval requirements. Plans for the construction of any parking lot in conjunction with a new development shall be submitted for review and approval according to the normal site plan review procedures. Plans for expansion of an existing parking lot that is not associated with other new development must be submitted to the building official for review and approval prior to the start of construction. Upon completion of construction, the parking lot must be inspected and approved by the building official before a certificate of occupancy can be issued for the parking lot and for the building or use the parking is intended to serve.

Plans shall be prepared at a scale of not less than 50 feet equal to one inch. Plans shall indicate existing and proposed grades, drainage (water retention and detention, if required), water mains and sewers, surfacing and base materials, and the proposed parking layout. The plans shall conform to the construction and design standards established by the building official and city engineer.

In the event that required parking cannot be constructed because of cold or inclement weather, a temporary certificate of occupancy may be issued by the building official, provided the applicant first deposits a performance guarantee in accordance with section 2.17. Said performance guarantee shall be equivalent to the cost of construction as determined by the building official or city engineer.

2.

Dimensions. Off-street parking shall be designed in conformance with the following standards:

* Note: All dimensions in feet.

3.

Ingress and egress. All spaces shall be provided with adequate access by means of clearly defined maneuvering lanes and driveways, subject to review and approval of the building official, city engineer and police chief. Driveways providing access to an off-street parking lot shall be a minimum of 30 feet wide, except that any driveway serving a single-family residence shall be no wider than 22 feet. Spaces backing directly onto a street shall be prohibited. Entrances and exits from off-street parking lots shall be located at least 25 feet from the nearest point of any property zoned for single-family residential use. No land which is located in a residential district shall be used for access to any land which is located in a nonresidential district, unless such access is by way of a dedicated public road.

4.

Surfacing and drainage. All off-street parking areas, access lanes, and driveways (including driveways serving single-family residences) shall be hard-surfaced with concrete or plant-mixed bituminous material, subject to the standards maintained and periodically updated by the building official. Off-street parking areas, access lanes, and driveways shall be graded and drained so as to dispose of surface waters. Surface water shall not be permitted to drain onto adjoining property, unless in accordance with an approved drainage plan. Grading, surfacing, and drainage plans shall be subject to review and approval by the building official and city engineer.

5.

Curbs, wheel chocks. A curb of at least six inches in height shall be installed to prevent motor vehicles from being driven or parked so that any part of the vehicle extends within two feet of abutting landscaped areas, sidewalks, streets, buildings, or adjoining property. In lieu of a curb, wheel chocks may be provided to prevent vehicles from extending over grass areas, setback lines, or lot lines.

Curbs separating landscaped areas from parking areas may allow stormwater runoff to pass through them. Curbs may be perforated or have gaps or breaks.

6.

Lighting. All parking areas, driveways, and walkways shall be illuminated to ensure the security of property and the safety of persons using such areas, in accordance with the requirements set forth in section 2.14. Parking lot entrances shall be illuminated.

7.

Buildings. No building or structure shall be permitted on an off-street parking lot, except for a maintenance building/attendance shelter, which shall not be more than 50 square feet in area and not more than 15 feet in height. Such accessory buildings shall be compatible with principal building in terms of color and materials.

8.

Signs. Accessory directional signs, without logos, shall be permitted in parking areas in accordance with the adopted article 27.00, sign ordinance, as amended.

9.

Screening and landscaping. All off-street parking areas, except those serving single- and two-family residences, shall be screened and landscaped in accordance with the provisions set forth in article 5.00. Landscaped areas should be sufficiently large to provide stormwater management. Depressed parking islands that include curb cuts to allow stormwater into the islands are encouraged.

E.

Recreational vehicle parking in residential districts. Recreational vehicles as defined in section 1.03, including campers and other recreational equipment, may be parked or stored by the owner on residentially-used property subject to the following conditions:

1.

Number. No more than one recreation vehicle shall be parked or stored on a residential lot, except that two recreational vehicles may be parked or stored on lots exceeding one-half acre in size.

2.

Connection to utilities. Recreational vehicles parked or stored shall not be connected to electricity, water, gas, or sanitary sewer facilities.

3.

Use as living quarters. At no time shall recreational vehicles parked or stored in residential districts be used for living or housekeeping purposes.

4.

Location. Recreational vehicles may be parked outside between the front and rear building lines, provided that a side yard of not less than six feet must be maintained on at least one side of the building to provide access to the rear. Recreational vehicles parked in the side yard must be screened from view with a four-foot tall fence or landscaping that is at least 80 percent opaque. Otherwise, the vehicle must be parked to the rear of the principal building, but not closer than three feet to a side or rear property line.

5.

Lot coverage. Recreational vehicles may occupy no more than 25 percent of the required rear yard.

6.

Temporary parking. Notwithstanding the above provisions concerning "location", recreational vehicles may be parked elsewhere on the premises prior to or after a trip for loading or unloading purposes for a period of not more than 72 hours prior to and 72 hours after use of the vehicle within a seven-day period.

7.

Condition. Parked or stored recreational vehicles must be kept in good repair. Vehicles capable of being moved from place to place under their own power must be maintained in good running condition. All such vehicles must be properly registered in the name of the occupant of the dwelling unit.

8.

Storage of mobile homes manufactured homes. The parking or storage of an unoccupied mobile manufactured home as defined in section 1.03, being designed as a permanent structure for residential occupancy, is prohibited, except as may be permitted in the mobile home manufactured housing park district.

9.

Waiver of regulations. The provisions concerning location may be waived for a period of up to two weeks to permit the parking of a recreational vehicle of a guest. Permits for any such waiver shall be obtained from the building department. No more than two non-consecutive permits shall be issued per calendar year.

(Ord. No. 128-B, § I, 9-20-10)

A.

Scope of loading space requirements. Compliance with the loading space regulations set forth herein shall be required in order to avoid interference with the public use of streets, alleys, parking areas, driveways, sidewalks, and other public areas.

1.

General applicability. On the same premises with every building, or part thereof, erected and occupied for manufacturing, storage, warehousing, display of goods, including department stores, wholesale stores, markets, hotels, hospitals, mortuaries, laundries, dry cleaning establishments, and other sues involving the receipt or distribution of materials, merchandise, or vehicles, there shall be provided and maintained adequate space for loading and unloading as required in this section.

2.

Change in use or intensity. Whenever use of a building, structure, or lot is changed, loading spaces shall be provided as required by this ordinance for the new use, regardless of any variance that may have been in effect prior to change of use.

B.

General requirements.

1.

Location. Required loading spaces shall be located in the side or rear yard of the same zoning lot as the use being served. Loading space or access thereto shall not be located where loading/unloading operations will interfere with traffic on public streets or off-street parking.

2.

Size. Unless otherwise specified, each required loading space shall be a minimum of ten feet in width and 50 feet in length, with a vertical clearance of 14 feet. The size of the loading space may be modified by the planning commission if it can be demonstrated by the applicant that a smaller space is sufficient due to the size of delivery trucks.

3.

Surfacing and drainage. Loading areas shall be hard-surfaced with concrete or plant-mixed bituminous material. Loading areas shall be graded and drained so as to dispose of surface waters. Surface water shall not be permitted to drain onto adjoining property, unless in accordance with an approved drainage plan. Grading, surfacing, and drainage plans shall be subject to review and approval by the city engineer.

4.

Storage and repair prohibited. The storage of merchandise, sale of motor vehicles, storage of inoperable vehicles, or repair of vehicles is prohibited in required loading space.

5.

Use of loading space. Required loading space shall not be counted or used for required parking.

6.

Central loading. Central loading facilities may be substituted for individual loading spaces serving businesses on separate lots provided that all of the following conditions are fulfilled:

•

Each business served shall have direct access to the central loading area without crossing streets or alleys.

•

The total loading space provided shall meet the minimum requirements specified herein, in consideration of total floor area of all businesses served by the central loading space.

•

No building served shall be more than 500 feet from the central loading area.

7.

Minimum loading space. The amount of required loading space shall be determined in accordance with the schedule which follows. The planning commission may modify these requirements upon making the determination that another standard would be more appropriate because of the number or type of deliveries experienced by a particular business or use.

[1]

Establishments containing less than 2,000 square feet of gross floor area shall be provided with adequate off-street loading space that is accessible by motor vehicle, but which does not interfere with pedestrian or vehicular traffic.

(Ord. No. 128-B, § I, 9-20-10)