The off-street parking and loading requirements of this chapter are established to prevent congestion on public streets by providing clearly defined parking areas that are separated from roadways; to remove the hazard to pedestrians emerging between parked vehicles onto a public street; to facilitate proper storm-water runoff; to prevent the generation of dust into the area; and to make clear the availability and arrangement of spaces to all users.

(Ord. No. 279, § 6.00, 12-12-96)

It shall be the duty of both the owner and occupant of any premises to provide off-street parking spaces as required in this article. Such off-street parking areas shall be laid out, constructed and maintained in accordance with the following standards and regulations:

(1)

Whenever a use or an activity requiring off-street parking is created, enlarged or increased in activity or intensity, off-street parking spaces shall be provided on-site and maintained as required by this chapter.

(2)

The amount of required off-street parking for new uses of buildings, additions to existing buildings, new uses of land and accessory buildings shall be determined in accordance with the regulations in effect at the time the new use or addition was proposed, and the space so required shall be shown on the site plan and shall be irrevocably reserved for such use. No such designated parking area shall be changed to any other use unless and until equal facilities are properly approved and provided elsewhere on the site.

(3)

Off-street parking existing at the effective date of this chapter in conjunction 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.

(4)

Nothing in this section shall be construed to prevent the collective provisions of off-street parking facilities for two or more buildings or uses on separate sites, provided that, collectively, such parking shall not be less than the sum of requirements for the various uses computed separately. The provision for shared parking shall not be construed to allow for development without parking located reasonably proximate to the development it is intended to serve. Parking shall be reasonably distributed to fulfill the parking needs of each use being served and be irrevocably dedicated to each use.

(5)

The planning commission may permit a reduction of the requirement for shared parking for developments in the CBD community business district, subject to the following conditions and findings:

a.

A study performed by a recognized traffic engineer shall be provided in support of the request.

b.

The planning commission may reduce the required parking under this section only if the site or sites contain two (2) or more separate and distinct uses which, by their nature, can use shared parking without having an adverse impact on traffic circulation or without impairing the overall functioning of the site or sites. In the event that there is a change of uses that no longer meets the criteria established for shared parking, the required number of spaces as provided below in section 32-93 shall be installed.

c.

An overflow or reserve area capable of accommodating the required number of parking spaces shall be specified on the site plan that could accommodate an expansion of the existing parking facilities, should that be required. The developer shall execute an agreement, in a form satisfactory to the city, that will obligate the property owners to install additional parking at the city's request if the need arises.

d.

Any such provisions for collective parking for two (2) or more buildings or uses on the same site or on separate sites shall be set forth in a recordable instrument recorded at the office of the Macomb County Register of Deeds, describing the lands affected by this agreement.

(6)

Where the owners of two (2) buildings, whose operating hours do not overlap, desire to utilize common off-street parking facilities, the planning commission may permit such dual function provided that the following conditions have been met:

a.

The normal business hours of the two (2) buildings or uses in no way overlap, except for custodial personnel. In the event that there is a change of uses that no longer meets the criteria established for shared parking, the required number of spaces as provided below in section 32-93 shall be installed.

b.

The common parking lot meets the off-street parking requirements of the larger building or more intensive use, plus fifteen (15) percent.

c.

The common parking lot meets all of the locational requirements of this chapter with respect to each building or use.

d.

The site plan shall indicate a reserve area that is capable of accommodating the required number of parking spaces, if necessary. The developer shall execute an agreement, in a form satisfactory to the city, that will obligate the property owners to install additional parking at the city's request if the need arises.

(7)

Off-street parking facilities required herein shall be located within three hundred (300) feet of the permitted use it is intended to serve, such distance to be measured along lines of public access to the property between the nearest point of the parking facility and the building to be served, provided that the said off-street parking facility shall not be separated from the building to be served by any major or secondary thoroughfare so designated by the city master plan, drain or physical barrier or public improvement.

(8)

Required off-street parking may not be enclosed with a gate that would permit it to be closed to either employees or patrons.

(9)

When units or measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction shall require one (1) parking space.

(10)

Residential off-street parking spaces for one and two-family uses shall consist of a parking strip, driveway, garage, carport, or combination thereof, and shall be located on the premises they are designated to serve. Parking shall be restricted to paved areas. Paved areas shall not be permitted in any required side yard or any required front yard (except the driveway located in the front yard) unless it is necessary to provide access to a side entry garage, detached garage, or side or rear required parking space(s). Horseshoe drives may not be used to satisfy the parking requirements.

(11)

For the purpose of determining off-street parking requirements for all uses, floor area shall mean one hundred (100) percent of the gross floor area as measured at the exterior walls. Where the number of parking spaces is critical to meeting the chapter requirements, measurement of floor area may be taken from the inside of the exterior walls; in such case, the measurement and area must be certified on the plan by the professional preparer. For those buildings which feature unique interior natural features, such as atriums and landscaped areas, the floor area occupied by such areas may be deducted from the gross floor area used to calculate parking requirements.

(12)

Whenever drive-through or vehicle stacking lanes are provided, such lanes shall be located so as not to impede pedestrian or vehicular circulation on the site or on abutting sites, nor shall any drive-through lane cross a vehicle maneuvering lane or aisle.

(Ord. No. 279, § 6.01, 12-12-96)

The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule. For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accord with a use which is most similar in type as determined by the planning commission.

(1)

Residential.

a.

The off-street parking facilities required for one- and two-family dwellings shall be located on the same lot or plot of ground other than in the required front yard space of the building they are intended to serve and shall consist of a parking strip, parking apron, carport and/or garage on the basis of two (2) parking spaces for each dwelling unit. Such parking shall be paved to provide not less than two (2) off-street parking spaces in other than the required front yard space.

b.

Multiple-family residential dwellings shall have two (2) paved off-street parking spaces for each one-bedroom dwelling unit. For each additional bedroom over one (1) per unit, one-half (½) additional parking space shall be provided.

c.

Housing for the elderly. Two (2) spaces for each three (3) units, and one (1) for each employee. Should units revert to general occupancy, then two (2) spaces per unit shall be provided and space shown on the site plan to accommodate such a requirement.

d.

Community buildings (multiple-family). One (1) space for each four (4) persons allowed within the maximum occupancy load, as determined by the fire marshal or his official designate.

e.

In multiple-family residential districts if recreation vehicles are permitted, a secured storage area for such vehicles shall be provided and screened from adjacent uses. No unlicensed motor vehicle of any type shall be parked within the development at any time, except within an enclosed building or a screened storage area, as required in section 32-52. All group off-street parking lots shall be adequately lighted during hours of darkness as regulated in section 32-86.

(Ord. No. 279, § 6.02, 12-12-96; Ord. No. 279-288, § 1, 2-13-20)

Wherever the off-street parking requirements in section 32-93 above require the construction of an off-street parking facility, such off-street parking lot shall be laid out, constructed and maintained in accordance with the following standards and regulations:

(1)

No parking lot shall be constructed unless and until a permit therefor is issued by the building department. Applications for a permit shall be submitted as per the requirements of site plan review (Article VII).

(2)

Plans for the layout of an off-street parking lot shall have dimensions consistent with the following standards:

a.

Ninety-degree pattern: Parking spaces and maneuvering lanes shall be provided based on one of the following alternatives:

b.

Sixty-degree pattern: Fifty-eight (58) feet for two (2) tiers of spaces, and one (1) aisle/maneuvering lane, with minimum aisle width being twenty (20) feet.

c.

Forty-five degree pattern: Fifty-six (56) feet with two (2) tiers of parking spaces, plus one (1) aisle/maneuvering lane of at least twenty (20) feet in width.

d.

A drive or maneuvering lane shall not be less than twenty (20) feet wide to permit two-way traffic.

e.

All parking lot stalls shall be striped and maintained.

(3)

Handicapped spaces shall be furnished as required by state law.

(4)

Parallel parking shall not be permitted.

(5)

All parking spaces shall be provided with adequate access by means of maneuvering lanes. Spaces shall not be designed to permit backing directly into a street.

(6)

The entire parking area, including parking spaces, maneuvering lanes and drives required under this section, shall be provided with asphaltic or concrete surfacing in accordance with specifications of the city's engineering design standards chapter. Unless a waiver is granted by the board of zoning appeals for a specified period of time, the parking area shall be surfaced prior to the issuance of the certificate of occupancy for the building or buildings which it serves, or cash deposit or irrevocable letter of credit acceptable to the city in an amount equal to one hundred and ten (110) percent of the estimated cost of the improvement. Any improvements for which a letter of credit or cash deposit has been posted shall be installed by the end of the construction season following the posting.

(7)

Off-street parking areas shall be drained to dispose of all surface water accumulated in the parking area in such a way as to prevent drainage of water onto adjacent property or toward buildings, and drainage plans shall meet the specifications of the city's engineering design standards chapter.

(8)

In any area where front-end parking abuts a curbed landscaped area or a raised sidewalk having a minimum width of at least seven (7) feet, the minimum parking stall depth of twenty (20) feet (as otherwise specified herein) may be decreased by up to two (2) feet in depth in order to allow for a vehicle to overhang such landscaped area or such sidewalk. In no case shall the parking stall depth be decreased to allow a vehicle to overhang a required parking setback or property line.

(9)

Ingress and egress to a parking lot for nonresidential purposes shall not be provided across land zoned for one-family or two-family residential purposes. All such entrances and exits shall also be located at least twenty-five (25) feet from any property zoned for one-family residential use, except as provided in section 32-31.

(10)

Parking lot lighting shall meet the requirements of section 32-86.

(11)

The surface of the parking lot area, shall be maintained and kept free from weeds, rubbish, refuse and debris.

(12)

All parking serving other than one or two-family dwellings or multiple units with each having its own separate driveway shall be side-by-side. Tandem parking shall be prohibited. Tandem parking to a depth of three (3) cars may be permitted in vehicle storage and inventory areas provided such areas are under the control of employees and are not accessible by the general public. Any parking or vehicle circulation areas accessible to the public shall meet the size standards specified in this section.

(13)

Except as otherwise provided in this article, required off-street parking space shall be for the use of occupants, employees, visitors, customers, clients and patrons. Off-street parking shall not be used for other than parking purposes or allowed to become unusable, except for temporary repairs. The storage of vehicles or merchandise in any off-street parking space is prohibited, except as permitted in conjunction with the principal or accessory use and sale of motor vehicles.

(14)

The planning commission shall require an access easement to provide for vehicular access to existing or contemplated adjacent parking lots to minimize the need for driveways to each facility and thereby decreasing hazards to vehicular traffic. In such instances, a reciprocal use agreement shall be provided acceptable to the city.

(15)

Adequate ingress and egress to the parking lot by means of clearly limited and defined paved drives shall be provided for all vehicles. All parking areas shall be provided with an entrance and exit from the abutting public thoroughfare. Such entrance and exit may be combined as one, which shall be thirty (30) feet in width. The number of driveways permitted for each site shall be determined by the planning commission as part of site plan review.In making this determination, consideration shall be given to the following factors: the location of driveways on adjacent sites and across the street, turning movements and traffic volumes. The location of each such entrance and exit shall be submitted for approval of the Macomb County Road Commission or the Michigan Department of Transportation, as the case may be, and the city. Tapers and bypass lanes shall be required, as determined by the appropriate agency.

(16)

Curbs, meeting the construction standards of the city's engineering design standards chapter, shall be required. The use of bumper blocks is prohibited, except in unique circumstances as determined by the planning commission.

(17)

Side yards shall be maintained for a space of not less than ten (10) feet between the side lot lines adjoining residential lots and the parking area. The depth of the front yard or setback line from the street, as established for houses on any block in any given residential area, shall be continued and made applicable to parking space setback if located adjacent to such residential area; the space between such setback line and the sidewalk shall be landscaped. The barrier specified in the next succeeding section shall be located in such the setback line as herein required.

(18)

Whenever such parking area adjoins residential property and/or residential street or alley, a protective wall or greenbelt shall be erected and maintained between the required yard space and area to be used for parking. On such other locations where a protective barrier is required, the use of an ornamental masonry wall, cyclone fence, and/or dense shrubbery or berm shall provided, as determined by the planning commission (section 32-82). All required walls, fences or other barriers shall be properly maintained, kept free of debris, signs or any advertising whatsoever.

(19)

Entrance to such parking areas shall be only from the adjoining principal use or the adjoining alley or street.

(20)

It shall be unlawful for any person to leave, park or store any motor vehicle or to permit any motor vehicle to be left, parked or stored in a parking lot as permitted in this subsection for a period of longer than eighteen (18) hours, it being the purpose and intent of this provision 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 wrecks or junked cars or vehicles. It shall be unlawful to park or permit to be parked any motor vehicle in such parking area between the hours of 12:00 midnight and 6:00 the following morning, unless the business maintaining such parking area remains open after midnight, in which case said lot shall be closed and all parked cars removed within thirty (30) minutes after said business has closed. Exempt from this provision is the parking of vehicles accessory to the principal use.

(21)

No charge for parking shall be made in an off-street parking area provided under this subsection.

(22)

The use of any loud noise-producing device or public address system shall be prohibited.

(Ord. No. 279, § 6.03, 12-12-96)

On the same premises with every building, 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 three (3) off-street waiting spaces for each service window. A waiting space is an area twenty-three (23) feet long by ten (10) feet wide.

(Ord. No. 279, § 6.04, 12-12-96)

It is intended that the provision of parking within structures or buildings shall serve to increase the value and convenience of related development and to enhance, rather than detract from, the appearance of the overall development. It is further intended that the provision of such facilities shall not negatively impact the safety and security of the public. The following standards, referenced standards, or modifications of standards contained elsewhere in this section shall thus apply to parking structures or garages and developments including such facilities:

(1)

Parking structures shall be physically integrated into the overall design and functioning of the site. The exterior treatment of the parking structure element of a building complex shall be substantially the same in appearance to that of the main building element, and shall further be designed so that all architectural and vehicular lighting is shielded or screened from view from adjacent properties.

(2)

The development of parking structures shall be in accordance with safety and security requirements established by the city as part of site plan review.

(Ord. No. 279, § 6.05, 12-12-96)

On the same premises with every building, structure or part thereof, erected and occupied for manufacturing, storage, warehouse, goods display, department store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning and other uses similarly involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services in order to avoid undue interference with public use of the streets and alleys.

Such loading and unloading space, unless otherwise adequately provided for, shall be an area ten (10) feet by fifty (50) feet, with fifteen (15) feet height clearance, and shall be provided according to the following schedule:

Such space may occupy all or any part of any required side or rear yard or court space, and no such space shall be located closer than fifty (50) feet to any lot in any residence district, unless wholly within a completely enclosed building or enclosed on all sides by a wall as specified by the planning commission.

(Ord. No. 279, § 6.06, 12-12-96)

Limited modifications to the minimum off-street parking requirements may be approved by the planning commission in accordance with the following:

(1)

The planning commission may permit an alternative off-street parking standard for a particular use based upon its type, scale, or intensity where the applicant has demonstrated that such modification is appropriate based upon an affirmative finding that one (1) of the following criteria has been satisfied (in order of importance):

a.

Documentation of other instances of similar land uses in comparable settings within the Detroit metropolitan area and the appropriateness of those parking conditions. If the evidence and data presented under this evidence category is based upon local data that conflicts with evidence and data from a national source, the local evidence and data under this category shall take precedence.

b.

Statistical information documenting parking demand for the site during the immediately preceding two-year period, any evidence of parking congestion or a need for parking in excess of the amount being proposed, or any projections regarding anticipated increased parking needs arising from any changes to the site arising from the pending request. If the evidence and data presented under this evidence category is based upon site specific information that conflicts with evidence and data from a national source, the site specific information under this category shall take precedence.

c.

Additional data supporting the proposed parking requirement modification, as deemed appropriate in the discretion of the planning commission and after receiving input from the city planner.

d.

The average parking demand for the subject use set forth in the most current version of "Parking Generation" by the Institute of Transportation Engineers or, if that document has not been updated within the preceding two (2) years, the most current version or an equivalent authoritative source on the subject of average parking demand.

(2)

If the planning commission modifies off-street parking requirements for the particular site by reducing the number of required spaces in accordance with this section and if there is sufficient land to reserve future parking in compliance with all requirements of this article, the planning commission shall require an area to be reserved on the site plan for deferred installation of additional parking. The reserve parking must be shown on the final site plan submitted for approval and set aside as landscaped open space until the time such parking is required by the city. Additional parking spaces in the reserved parking area shall be constructed by the then current property owner in accordance with the approved site plan within ninety (90) days of a written request from the city after the city has received three (3) complaints of insufficient parking within a one (1) year period of time which are documented by the city's code enforcement officers.

(3)

If the planning commission has previously modified the off-street parking standard for a particular site by reducing the minimum number of required spaces in accordance with this section, and the use for which the off-street parking reduction was granted is terminated, the following shall apply:

a.

If a new proposed use for the property for which a parking reduction was previously approved requires more parking spaces than the previously approved minimum number, the planning commission may consider a new request to modify off-street parking requirements in accordance with the substantial evidence criteria found in subsection (1)a of this section. In the event that a future parking area was previously reserved under subparagraph (2) of this section, the planning commission may require the owner/operator of the new proposed use to install additional parking spaces sufficient for the new proposed use as a condition of obtaining site plan approval if the owner/operator's request to modify the off-street parking standard is denied by the planning commission.

b.

If the new use of the property requires parking equal to or less than the number of parking spaces previously installed under a parking reduction approved under this section, the previously granted modification may remain in place.

(4)

In all instances where the planning commission approves a modification of the minimum parking requirements, the owner of the property and the operator of the business on the site (if different) shall execute and deliver to the city a reserve parking agreement in form and substance satisfactory to the city planner and city attorney which requires such owner and/or operator to install additional parking spaces in the future if the city requests it based upon the criteria set forth above. The owner and/or operator shall be responsible for paying for the costs of negotiation, preparation, and recording of such agreement, which shall be completed prior to the final issuance of site plan approval [or issuance of a certificate of occupancy]. The city may require that the owner and/or operator pay a deposit with the city treasurer to cover the costs of the negotiation, preparation, and recording of such agreement at the time the request is made. The city shall refund any excess deposit over the actual costs of document negotiation, preparation, and recording, and the owner and/or operator shall pay any deficiency prior to issuance of any occupancy approval if the deposit is insufficient to cover the actual costs of document negotiation, preparation, and recording.

(Ord. No. 279-288, § 2, 2-13-20)