The purpose of this chapter is to prescribe regulations for off-street parking and storage of motor vehicles in residential and non-residential zoning districts; to ensure by these regulations that adequate parking and access are provided in a safe and convenient manner; to minimize the visual and functional impact of vehicle parking and storage on adjacent property and traffic movement; and to afford reasonable protection to adjacent land uses from light, noise, air/water pollution, and other effects of parking lot proximity.

A.

Applicability of Parking Requirements. For all buildings and uses established after the effective date of this ordinance, off-street parking shall be provided as required by this chapter. In addition, the following shall also apply:

1.

Whenever use of a building or lot is changed to another classification of use, off-street parking facilities shall be provided, as required by this chapter for that use.

2.

If the intensity of use of any building or lot is increased, through the addition of floor area, increase in seating capacity, or other means, additional off-street parking shall be provided, as required by this chapter.

3.

Off-street parking facilities in existence on the effective date of this ordinance shall not be reduced below the requirements of this chapter, nor shall nonconforming parking facilities that exist as of the effective date of this ordinance be further reduced or made more nonconforming.

4.

An area designated as required off-street parking shall not be changed to another use unless equal facilities are provided elsewhere in accordance with the provisions of this chapter.

B.

Location. Except for the C-2 District, off-street parking for all non-residential zone districts and uses shall be located on the same lot or within 300 feet of the building or use it is intended to serve, as measured from the nearest point of the parking facility to the nearest public entry of the building or use served.

1.

In the C-2 District parking shall be provided on the same lot as the use, unless the property adjoins or has access to a community parking lot or common parking area maintained by participating property owners.

2.

For residential uses, required off-street parking shall be provided on the same lot as the use, except in the C-2 District.

C.

Maximum Allowed Parking. In order to minimize excessive areas of pavement that detract from aesthetics, contribute to high rates of stormwater runoff, and generate reflective heat, the minimum parking space requirements of this chapter shall not be exceeded by more than 10 percent unless approved as part of site plan review or if the parking spaces are located within a multi-level parking structure. In approving additional parking space, the review authority shall determine that the parking is necessary, based on documented evidence, to accommodate the use on a typical day. Further, all additional parking spaces exceeding 10 percent over the minimum requirement shall be located on permeable surfaces and maintained regularly to ensure their permeability is retained.

D.

On-Street Parking. Where on-street parking is available within 300 feet of the boundary of a lot or parcel, a portion of the off-street parking requirement may be waived by the review authority, in its consideration of a site plan, upon determining that one or more of the following conditions is applicable:

1.

A number of the existing on-street spaces are routinely available and can reasonably be expected to be available to the use for which the waiver is requested;

2.

The nature of the proposed use is such that its peak demand occurs at times when the on-street parking is not likely to be used; or

3.

The on-street parking would not be the primary parking area for the use and may be considered as a temporary option in support of deferred parking, as provided in Section 10.5.

E.

Maintenance. All parking areas shall be maintained free of trash and debris. Surface, curbing, light fixtures, and signage shall be maintained in good condition.

F.

Limitations on Use of Parking Lots.

1.

Off-street parking areas are intended only for temporary vehicle parking. The use of parking areas or open land for the storage or parking of wrecked or junked vehicles or for creating a junkyard or nuisance is not permitted, except when land is used as approved storage space in connection with a vehicle repair, salvage business, or impound operation.

2.

Loading spaces, as required in Section 10.10, and parking spaces, as required in Section 10.4, shall be considered separate and distinct requirements and shall be provided as individual components on the site. In no case shall one area be construed as meeting the requirements of the other.

3.

Parking lots and loading areas shall not be used for the long-term storage of trucks, trailers, or equipment, except where such outdoor storage is specifically permitted in the zoning district and has been approved in accordance with this ordinance. Overnight parking or storage of commercial vehicles shall be prohibited except for uses and locations approved for vehicle storage. This shall not be construed to prohibit the parking overnight of commercial fleet vehicles or the short-term parking of trailers in loading bays or staging areas related to approved commercial or industrial uses.

4.

It shall be unlawful to use a parking lot or open area to store or park any vehicle for the purpose of displaying vehicles for sale except in an approved vehicle sales dealership.

A.

Setbacks. Off-street parking lots shall meet the setback requirements applicable to parking, as may be specified in the zoning district or which may be specified for individual uses.

B.

Parking Construction and Development. The construction of any parking lot shall require approval of a site plan in accordance with Chapter 14. Construction shall be completed and subsequently approved by the zoning administrator before a certificate of occupancy is issued and the parking lot is used.

1.

Pavement. All parking lots, vehicle and equipment storage areas, and parking areas for single-and two-family dwellings shall be paved with asphalt or concrete, unless specifically exempted, and shall be graded and drained to dispose of surface water that might accumulate. Alternative paving materials, such as permeable pavers, stone, or asphalt millings, may be approved for all or a portion of a parking area, based upon credible evidence of the durability and appearance of the proposed materials and assurance that the materials will be routinely maintained. For storage areas, a substitute for hard-surfaced pavement may be approved by the Planning Commission in conjunction with site plan review upon a determination that there are no adverse effects on adjoining properties.

2.

Drainage. Surface water from parking areas shall be managed in accordance with the city engineering standards. The city engineer shall determine the appropriate detention or retention treatment.

3.

Dimensions. Parking spaces and aisle dimensions shall meet the following requirements and as specified in Table 10-3.

a.

Angled parking between these ranges shall be to the nearest degree.

b.

Space length may be reduced by up to two feet if an unobstructed overhang, such as a landscaped area or sidewalk, is provided. A sidewalk shall have a minimum width of seven feet where abutting a parking space.

c.

There shall be a minimum distance of seven feet between the parking lot curb and any building. Where curbing does not exist, bumper blocks shall be provided to protect pedestrian space adjacent to a building.

d.

All parking lots shall be striped and maintained showing individual parking spaces, in accordance with the dimensions in Table 10-3; provided, if alternative materials are used wheel stops shall be installed to define the spaces:

4.

Stacking spaces. Stacking spaces for drive-through uses (such as banks, restaurants, car washes, pharmacies, dry cleaners, and oil change establishments) shall be at least 24 feet long and 10 feet wide. Stacking spaces shall not block required off-street parking spaces. Where the drive-through stacking lane is a single lane for five or more vehicles, an escape/by-pass lane shall be provided to allow vehicles to exit the stacking lane.

5.

Ingress and egress. Adequate vehicular ingress and egress shall be provided to the parking area by means of clearly limited and defined driveways. Parking lots shall provide interior access and circulation aisles for all parking spaces. The use of streets for maneuvering into or out of off-street parking spaces shall be prohibited.

6.

Access through residential districts. Ingress and egress to a parking lot located in a non-residential zoning district shall not be through a residential district, except:

a.

in a PUD or Mixed-Use District;

b.

in instances where access is provided by means of an alley or street that forms the boundary between a residential and non-residential district; or

c.

if specifically authorized by the Planning Commission in conjunction with site plan review.

7.

Curbing. A six inch concrete curb or approved alternative shall be provided around all sides of any parking lot of 10 or more spaces to protect landscaped areas, sidewalks, buildings, or adjacent property from vehicles that might otherwise extend beyond the edge of the parking space. Curb openings are allowed for stormwater drainage, as recommended by the city engineer. Plantings shall be set back two feet from curbs to allow for bumper overhang. This curbing requirement may be modified, as recommended by the city engineer, where stormwater runoff is intended to flow across the parking area or where a pervious border is designed.

8.

Landscaping. Off-street parking areas shall be landscaped and/or screened in accordance with the requirements of Chapter 12. The use of rain gardens and other low-impact design solutions to minimize the impact of stormwater runoff is encouraged.

9.

Lighting. Parking lot lighting shall conform to the requirements of Chapter 13.

10.

Fire lanes. Fire lanes shall be designated on the site and posted with signage prior to occupancy. Vehicle circulation shall meet turning radius requirements set by the fire department.

11.

Crosswalks. Pedestrian pathways and crosswalks in parking areas shall be distinguished from concrete and asphalt driving surfaces through the use of durable, low maintenance, striping or surface materials such as pavers, bricks, or scored, stamped, or colored concrete to enhance pedestrian safety and comfort as well as the attractiveness of the parking area.

C.

Barrier Free Parking in Parking Lots. Within each parking lot, signed and marked barrier free spaces shall be provided, in accordance with the applicable requirements of the Americans with Disabilities Act. Barrier free spaces shall be located as close as possible to building entrances.

D.

Single- and Two-Family Residential Parking.

1.

Off-street parking spaces for single- and two-family dwellings shall consist of a paved parking bay, driveway, garage, carport, or combination thereof. The parking areas shall not occupy more than 33 percent of the required front yard.

2.

Parking areas shall not exceed 30 feet in width or half the lot width, whichever is less. The parking or storage of abandoned or inoperable vehicles, machinery, and recreational vehicles shall not be permitted except as specifically provided by Section 10.7.

A.

Minimum Number. The minimum number of required off-street parking spaces shall be provided and maintained on the premises or as otherwise allowed by this chapter in accordance with the applicable requirements of Table 10-4. As a condition of site plan approval, a performance guarantee, in accordance with the provisions of Section 15.4, may be required to be posted.

B.

Fractions. When units or measurements determining the number of required parking spaces result in a fraction over one-half, a full parking space shall be required.

C.

Uses Not Listed. In the case of a use not specifically listed, the requirement for off-street parking facilities for a specified use that is most similar, as determined by the zoning administrator, shall apply.

D.

Benches and Pews. Each 24 inches of bench, pew, or similar seating facilities shall be counted as one seat, except if specifications and plans filed in conjunction with a building permit application specify a maximum seating capacity, that number may be used as the basis for required parking spaces.

E.

Maximum Occupancy. Where parking requirements are based upon maximum seating or occupancy, the capacity shall be as determined by the city building and fire codes.

F.

Usable Floor Area. Unless otherwise indicated, floor area shall be usable floor area (UFA).

A.

Modification of Parking Requirements. The reviewing authority, during site plan review, may reduce the parking space requirements of this chapter for any use based upon a finding that one or more of the following conditions is met:

1.

Other forms of travel (such as transit, bicycle, or pedestrian) are available and likely to be used. In particular, the site design will incorporate both bicycle parking facilities and pedestrian connections.

2.

Shared parking is available to multiple uses where there will be a high proportion of multipurpose visits or where uses have peak parking demands during differing times of the day or days of the week.

3.

Available municipal off-street or on-street spaces are located within 300 feet of the subject property.

4.

Expectation of walk-in trade is reasonable due to existing or proposed sidewalk connections to adjacent residential neighborhoods, businesses, or employment centers and on-site pedestrian circulation provides safe and convenient access to the building entrance.

5.

Where the applicant has provided a parking study conducted by a qualified transportation planner or transportation engineer, demonstrating that another standard would be more appropriate based on the actual number of employees, expected level of customer traffic, or actual counts at a similar establishment.

6.

A parking study may be required, at the sole discretion of the Planning Commission, to document that any one or more of criteria 1 through 5 above would be met.

B.

Deferred Parking.

1.

Where a reduction in the number of parking spaces is not warranted, but an applicant demonstrates that the required parking for a specific proposed use is not currently needed, the review authority may, at the site plan review stage, defer a portion of the required parking.

2.

The applicant shall demonstrate to the review authority's satisfaction that sufficient parking is or will be available to meet the regular demands of the use.

3.

The site plan shall designate areas of the site for future construction of the required parking spaces, if needed, and meeting the design and dimensional requirements of this chapter. Any area so designated shall be maintained in a landscaped appearance and not occupy required buffers, greenbelts, or parking lot setbacks, or be used for any other purpose.

4.

Deferred parking shall meet the requirements of this chapter if constructed. Construction of the additional required parking spaces within the deferred parking area may be initiated by the owner or required by the city based on parking needs or observation and shall require approval of an amended site plan which may be approved administratively by the zoning administrator.

C.

Temporary Parking. It is recognized that situations may occur infrequently which could result in a temporary reduction in the availability of required parking spaces or create a need for temporary off-site parking. In those instances, the zoning administrator may authorize the use of a portion of a required parking area for other purposes on a temporary basis or permit temporary off-site parking, upon a demonstration by the applicant that:

1.

the loss of the required parking spaces may be off-set by requiring employees or customers to park elsewhere or that due to the time of year or nature of the on-site use, the required spaces are not needed;

2.

all or part of the displaced parking may be accommodated on unpaved areas of the site;

3.

permission has been granted by neighboring property owners or operators to use their parking facilities;

4.

the duration of the activity is so short or of such a nature as to not create any appreciable parking shortage for the normal operation of existing on-site uses;

5.

temporary off-site parking is located and designed to ensure safe and efficient circulation for both pedestrians and vehicles (a site plan may be required to demonstrate this); and

6.

the proposed activity satisfies all other applicable city regulations.

A.

Applicability. Two or more buildings or uses may share a common parking facility; provided, the number of parking spaces available shall equal the required number of spaces for all the uses computed separately, unless modified in accordance with Section 10.5A. Cumulative parking requirements for mixed-use developments or shared facilities may be reduced by the Planning Commission, as part of site plan review, where it can be determined that one or more of the following factors apply:

1.

A parking analysis clearly demonstrates the feasibility of shared parking. The study must be provided in a form established by or acceptable to the zoning administrator. It must address, at a minimum, the size and type of the proposed development or combination of uses, the number of required parking spaces for each use computed separately, the peak parking hours of each use to be sharing the parking area, and the anticipated rate of parking turnover.

2.

A shared parking plan shall be recorded in a written agreement among all owners of record and filed with the city.

B.

Agreement. An attested copy of the shared parking agreement between the owners of record shall be submitted to the zoning administrator to be recorded in a form approved by the city attorney. The agreement must be recorded with the Kent County Register of Deeds before issuance of a building permit or certificate of occupancy for any use to be served by the shared parking area. A shared parking agreement may only be voided if all required off-street parking spaces for individual uses will be provided on-site; if other off-street facilities are provided in accordance with the provisions of this ordinance; or a change in use has occurred which no longer requires the shared parking spaces.

C.

Shared Spaces and Location. No more than 50 percent of the required off-street parking spaces shall be located within a shared lot. Such shared spaces shall be within 300 feet of the use being served, as measured from the nearest edge of the parking area to the nearest public entry point of the building or use.

A.

Vehicle Parking, Storage, and Repair.

1.

The repair, restoration, or maintenance of vehicles in any residential zoning district or on any residentially used property shall be conducted entirely within the interior of a building.

2.

It shall be unlawful for the owner, tenant, or lessee of any lot in any residential zoning district or on any residentially used property to permit the open storage or parking outside of a building of semi-tractor trucks and/or semi-trailers, construction equipment, or any other similar equipment or machinery, unless parked there while in use for construction being conducted on the lot.

3.

Inoperable or unlicensed vehicles and vehicle parts shall be stored inside a building, unless authorized in conjunction with an allowed use and located within an approved outdoor storage area.

B.

Storage of RVs. On residentially zoned or used lots or parcels, recreational vehicles shall only be permitted outside an enclosed building under the following circumstances:

1.

Recreational vehicles shall not be parked or stored in any yard abutting a street; provided, If located on a through lot, a recreational vehicle may be located in the yard opposite the primary front yard (abutting the street on which the property is addressed) but not within the required setback area.

2.

Notwithstanding the provisions of Subsection B.1., recreational vehicles may be parked on a hard-surfaced area in a yard abutting a street for up to 48 hours within a seven day period for purposes of cleaning, loading, or unloading.

3.

Recreational vehicles may be used for temporary occupancy for periods not to exceed 48 hours; provided, the recreational vehicle contains sleeping accommodations and is solely for the use of the owner of the lot or guests of the owner.

4.

Recreational vehicles may be stored for extended periods in side or rear yards but not within any required setback area; provided, the vehicle is on a hard-surfaced area suitable for that purpose and is screened from view of adjoining properties in accordance with the requirements of Section 12.7.

5.

Where physical features of a property, such as, but not limited to, immovable structures, water features, or a tree with a diameter of four inches or greater, prohibit a recreational vehicle from being parked in compliance with this section, the owner may apply to the zoning administrator for permission to park the recreational vehicle elsewhere on the lot. This permission shall be granted, provided that the following requirements are met:

a.

An application for permission shall be accompanied by a filing fee and a plan, drawn to scale, showing the features that prevent the recreational vehicle from being parked in compliance with this section.

b.

If parked in a yard abutting a street, a 20-foot setback shall be maintained from the edge of the street pavement or curb to the recreational vehicle; or, if a sidewalk exists, the 20-foot setback shall be measured from the inside edge of the sidewalk.

A.

Intent. To accommodate the use of electric vehicles and to expedite the creation of a convenient, cost-effective electric vehicle infrastructure, this section authorizes required or excess parking spaces to be used as electric vehicle charging stations.

B.

Accessory Use and Accessory Structures. Electric vehicle charging stations are classified as accessory uses and shall be permitted in all public and private parking lots.

C.

Review. The conversion of standard parking spaces to electric vehicle charging stations and the installation of electric vehicle charging station equipment shall be reviewed and approved by the zoning administrator in accordance with this section. New and expanded parking lots shall be subject to site plan review, as specified in Chapter 14 of this ordinance.

D.

New Electric Vehicle Charging Stations.

1.

All new and expanded public and private parking lots containing 50 or more spaces shall install Level-2 electric vehicle charging stations at a ratio of two percent of the total parking spaces in the lot.

2.

New or expanded public and private parking lots containing fewer than 50 spaces are encouraged to install electric vehicle charging stations or be EV-capable or EV-ready.

3.

All new dwellings are encouraged to be constructed with a 220-240-volt / 40 amp outlet on a dedicated circuit and near designated vehicle parking spaces to accommodate the potential future hardwire installation of a Level-2 electric vehicle charging station.

E.

Requirements for Electric Vehicle Charging Stations.

1.

An electric vehicle charging space may be included in the calculation for the minimum required parking spaces in accordance with Table 10-4. There is no limit on the number of electric vehicle charging stations. The zoning administrator or Planning Commission, as applicable, shall make all final determinations regarding the minimum number of parking spaces for internal combustion engine vehicles to ensure compliance with Section 10.4.

2.

Electric vehicle charging station spaces shall comply with the dimensional requirements of Table 10-3.

3.

Electric vehicle charging station equipment may be located on any part of a parking area but shall not be located within clear vision corners per Section 7.4. Electric vehicle charging station equipment approved for on-street parking within the right-of-way is exempt from the setback requirement.

4.

Electric vehicle charging station equipment shall be protected with bollards or a comparable method. If curbing is used, the equipment shall be located at least two feet behind the face of the curb.

5.

At least five feet of clear area shall be maintained if installed on or adjacent to an internal sidewalk, pathway, or other area accessible to pedestrians, cyclists, or wheelchair users and abutting a parking lot. Electric vehicle charging station equipment shall not obstruct these passageways.

6.

Any parking space that is designated as an electric vehicle charging station or electric vehicle parking space shall be identified with a sign that includes the maximum charging time allowed and a notice that the parking of non-electric vehicles is prohibited. Parked vehicles must be plugged in and using the charger. This does not apply to single-family and two-family dwellings.

7.

Commercial electric vehicle charging stations are prohibited on residential properties.

A.

Pedestrian Accommodation. Sidewalks or pathways shall be constructed in conjunction with the development or redevelopment of all abutting property in all zoning districts and shall be located within the right-of-way or within the required setback area of all streets to ensure current and future connectivity. Where sidewalks are not located within the right-of-way, a public access easement shall be provided. Sidewalks shall be constructed in accordance with City of Rockford design standards.

B.

Bicycle Facilities.

1.

Minimum required.

a.

Any development or addition to an existing development requiring vehicle parking spaces shall be required to provide bicycle parking in accordance with Table 10-9. Calculations by area are based on gross floor area of the main building(s). Fractions shall be rounded up.

b.

No bicycle parking is required for single-family detached, two-family, attached single-family dwellings, group living, and manufactured housing communities.

c.

Mixed use developments shall calculate the total number of required spaces using the appropriate use category for each use in the development. Developments with multiple buildings shall calculate space requirements for each building.

2.

Location.

a.

Bicycle parking shall be within 50 feet of the nearest publicly accessible building entrance, in well-lit areas clearly visible from the street, and on the same lot as the use being served. Facilities may be indoors or outdoors.

b.

A pedestrian-accessible walkway shall be available between the outdoor bicycle parking area and the primary building entrance. Public sidewalks may be used to meet this requirement. An aisle width of at least five feet shall be provided adjacent to any bicycle parking facilities to allow for maneuvering.

c.

Racks shall be installed a minimum of two feet from any entrance door, wall, or other obstruction, except for wall-mounted bicycle racks, which may be mounted directly on a wall, and shall not be placed within 10 feet of a fire hydrant.

d.

Bicycle lockers shall be located inside, or to the side or rear of the main building, but not within any required setback or within a clear vision area. If indoors, lockers shall be accessible to the public during operating hours of the use(s) within the building.

e.

Bicycle parking and access facilities may be placed in off-street parking lots but shall not take the place of a required vehicle parking space or conflict with internal parking aisles.

3.

Modification. The requirements of this section may be modified, reduced, or eliminated if the zoning administrator determines that compliance is impractical or unnecessary.

A.

Uses Requiring Loading Area. On the same premises with every building, structure, or part thereof, erected and occupied for manufacturing, storage, warehousing, distribution, retails sales, consumer services, or 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, alleys, and parking spaces. This provision shall not apply to any use in the C-2 District.

B.

Loading Area Requirements. Loading and unloading spaces shall be paved with an asphalt or concrete and, unless otherwise adequately provided for, shall be 10 feet by 50 feet, with 14-foot height clearance. The number of loading spaces shall be in accordance with Table 10-10:

C.

Truck Maneuvering. The use of abutting public or private streets for maneuvering into or out of loading areas is prohibited. All such maneuvering and vehicle parking shall occur entirely within the subject property.

D.

Loading in the C-2 District. To the extent possible, loading in the C-2 District shall be provided off-street in an alley or rear yard.

E.

Orientation of Overhead Doors. Overhead doors for truck loading areas shall not face a street right-of-way and shall be screened to the maximum extent possible from any street or adjacent residential district.

F.

Residential Setback. Loading and unloading spaces shall not be located closer than 50 feet to any residential district boundary unless the spaces are wholly within a completely enclosed building or completely screened from the residential district by an approved solid, sight-obscuring wall or fence at least six feet in height.

G.

Modification or Waiver. The Planning Commission, during site plan review, may modify or waive the requirements of this section for any use based on the frequency of deliveries or shipping activity and/or the size of trucks.